Chapter 5-5 NUISANCE ABATEMENT

(a) "Abate" shall mean to repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such manner and to such an extent as the Enforcement Officer or Weed Abatement Officer in his judgment shall determine is necessary in the interests of the general health, safety, and welfare of the community.

(b) "Weed Abatement Officer" shall mean the Fire Marshal and shall include any official or employee in the Fire Department duly appointed by the Fire Chief to administer the provisions of this chapter.

(c) "Weed Abatement Hearing Officer" shall mean the Fire Chief or any officer or employee appointed by him who is not serving as Weed Abatement Officer.

(d) "Hearing Officer" shall mean the City Manager or any officer or employee appointed by the City Manager to act as Hearing Officer who is not the Enforcing Officer for the nuisance being appealed.

(e) "Enforcement Officer" shall mean the City Manager or any person designated by the City Manager.

(f) "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved, including adjacent sidewalks, parking strips, streets, and alleys.

(g) "Responsible Person" shall mean the owner of any premises, as shown on the last equalized assessment roll of the County, and any agent, lessee, or other person occupying or having charge or control of the premises at the time the abatement notice referred to in Section 5-5-301 of Article 3 of this chapter is mailed, and the owner, agent, lessee, or other person occupying or having charge or control of the premises at the time of abatement by the City.

(h) "Weeds" shall mean all weeds growing upon streets, alleys, sidewalks, or private property in the City and shall include any of the following:

(1) Weeds which bear or may bear seeds of a downy or wingy nature;

(2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace;

(3) Weeds which are otherwise noxious or dangerous;

(4) Weeds which are a public nuisance of seasonal or recurring nature;

(5) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

(6) Accumulations of garden refuse, cuttings, dirt, or trash;

(7) Mistletoe, viscum album, or other parasitic growths; and

(8) Sandburs and puncture vines.

Article 2. Nuisances Declared

5-5-201 Weed Abatement Officer: Authority to abate.

It shall be unlawful for any responsible person to keep or maintain premises under such person's control in a condition detrimental to the public health, safety, or general welfare. Each of the following conditions is hereby declared to be detrimental to the public health, safety, and general welfare and thus constitutes a public nuisance, and the Weed Abatement Officer is hereby authorized to abate such nuisances as provided in this chapter:

(a) The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable harm or is materially detrimental to proximal properties or improvements;

(b) The existence of mistletoe or any accumulation of waste paper, hay, grass, straw, weeds, litter, or combustible trash upon the premises, or public sidewalks, streets, or areas in front of such premises, or upon any roof or in any building, entranceway, court, or yard thereof;

(c) The existence of any garbage or rubbish upon the premises contrary to the provisions of Chapter 3 of Title 6 of this Code, or any amendment thereto or replacement thereof;

(d) The existence of any branch or foliage, dirt, or other object or material which interferes with visibility on, or the free use of or access to, any portion of any street improved for vehicular or pedestrian travel or which interferes with access to any hydrant, alarm box, standpipe, sprinkler system, connection, or any other appliance or facility provided for fire protection purposes;

(e) The existence of building materials or packing boxes or materials when stored in yards and visible to the public. Nothing in this chapter shall prevent such storage when done in conjunction with a lawful business or a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;

(f) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place, which fence, structure, or thing is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition; and

(g) Any building, fence, structure, tree, or growth which is located or encroaches upon or obstructs any street, parkway, sidewalk, alley, lane, court, park, or other public place.

5-5-202 Enforcement Officer: Authority to abate.

The Enforcement Officer is hereby authorized to abate such nuisances as provided in this chapter as follows:

(a) The maintenance of premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use, or property values of such adjacent properties;

(b) The storage or keeping on any premises for more than sixty (60) days of any abandoned, owner unknown, operable, or inoperable automobile, trailer, house trailer, boat, or other vehicle, or major part thereof, within the view of persons on the public streets or other properties adjacent to such premises;

(c) The existence on any premises of any unused and abandoned open pipe, well, excavation, building foundation, or building which is abandoned or boarded up, partially destroyed, or unfinished and not properly secured;

(d) Any other condition on, or the use of, property which constitutes a public nuisance as defined by State laws or which may be declared such by other laws or resolutions of the City;

(e) The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable harm or is materially detrimental to proximal properties or improvements;

(f) The existence of any branch or foliage, dirt, or other object or material which interferes with visibility on, or the free use of or access to, any portion of any street improved for vehicular or pedestrian travel or which interferes with access to any hydrant, alarm box, standpipe, sprinkler system, connection, or any other appliance or facility provided for fire protection purposes;

(g) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place, which fence, structure, or thing is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition; and

(h) Any building, fence, structure, tree, or growth which is located or encroaches upon or obstructs any street, parkway, sidewalk, alley, lane, court, park, or other public place.

5-5-203 Right of entry.

The Enforcement Officer is hereby authorized to enter upon private property to abate any nuisance declared in this article or by state law.

Article 3. Procedures

5-5-301 Notices.

The officer charged with enforcement shall cause any owner or other responsible person to be notified of the existence of such condition on the premises and the obligation to reimburse the City the costs incurred as a result of extinguishing any fire occurring as a result of such condition. The officer charged with enforcement shall direct that such persons shall abate such condition or appear before the appropriate Hearing Officer at a stated time and place and show cause why such condition should not be abated by the City at such persons' expense. The Hearing Officer for the conditions set forth in Section 5-5-201 of this article shall be the Weed Abatement Hearing Officer, and all other hearings shall be held before the Hearing Officer.

5-5-302 Notices to abate: Form.

The notices shall be substantially in the following form:

Notice to Abate Public Nuisance

Notice is hereby given that the owners of the real property hereinafter described are required to abate the public nuisance consisting of (describe the existing nuisance) existing upon (description of the place where the nuisance exists) by removing the same or appear and show cause at the office of the ______, at ______, on ____, 20__, at the hour of m. on said day, then and there to show cause, if any they have, why such nuisance should not be removed and abated by the City of Turlock and the cost of the same, and an administrative charge of fifty-eight (58%) percent, made a personal obligation and a lien upon the premises.

Notice is further given that you are required to reimburse the City of Turlock for any and all costs associated with the extinguishment of any fire which may occur on the real property which is a result of, or has been aggravated by, such public nuisance.

Your name appears on the County records as the owner of the property or other records as the person responsible for the above property. If you are not the owner of the property or responsible for its conditions, do not throw this notice away. Please inform me and the County of the change in ownership so that you will not be held liable for the abatement hereinabove referred to.

DATED this ____ day of ______, 20__ .

CITY OF TURLOCK

5-5-303 Manner of giving notices to abate.

A copy of the notice provided for in Sections 5-5-301 and 5-5-302 of this article shall be sent to the owner and may be sent to any other such persons sought to be charged with the responsibility of abatement not less than ten (10) days prior to the date set for the hearing. The notice may be given in person or in writing or shall be sent by mail, postage prepaid, and addressed as follows:

(a) To the owner. As such person's name and address appear on the last equalized assessment roll of the County or as known to the officer authorized to give such notice; and

(b) To any other such person. As such person's name and address are known to the officer authorized to give such notice.

The officer giving such notice shall file a copy thereof with a declaration or certificate stating the time and manner in which such notice was given. The failure of any owner or any other such person to receive such notice shall not affect in any manner the validity of any proceeding taken pursuant to the provisions of this chapter.

5-5-304 Hearings.

At the time fixed in such notice, the officer shall hear testimony offered on behalf of the persons sought to be charged, which testimony tends to show why such conditions should not be abated and the expense thereof and administrative costs charged to such persons as a civil debt and/or made a lien upon the premises. The Hearing Officer may hear rebuttal testimony on behalf of the City. If, at the conclusion of such hearing, the officer is satisfied that such condition exists and concludes that it should be abated at the expense of such persons as aforesaid, he shall so advise such persons attending the hearing, either orally or in writing. In the event any person given notice of the hearing, as shown by the evidence of mailing, shall fail to appear at such hearing, then as to him such evidence of mailing, without the taking of further testimony, shall be sufficient evidence of the existence of facts in support of such conclusion. The Hearing Officer shall give his decision in writing to any responsible person not appearing at the hearing.

5-5-305 Appeals.

The decision of the Hearing Officer may be appealed as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995; 804-CS, Amended, 04/23/1993)

5-5-306 Abatement by the City.

In all cases in which the Hearing Officer has determined to proceed with abatement, then on the sixth (6th) calendar day following the conclusion of such hearing the City shall acquire jurisdiction to abate such condition at the expense of the responsible person. Any property owner or responsible person shall have the right to abate such condition, or have the condition abated at his expense, provided such condition has been abated prior to the arrival of the officer charged with enforcement to do so. A charge of Twenty-Five and no/100ths ($25.00) Dollars shall be paid if the nuisance is not abated prior to the date the City acquires jurisdiction to abate such nuisance.

5-5-307 Commencement of abatement.

(a) Orders to abate. If objections have not been made, or after the Council has disposed of those made, the Council, by motion, may order the abatement of the nuisance by having the same removed.

(b) Commencement of work. The work of abatement shall commence not sooner than five (5) days after the conclusion of the hearing.

5-5-308 Procedure not exclusive.

The procedure provided in this article shall be cumulative and in addition to any other procedure provided in the laws of the City or by State laws for the abatement of any of the conditions described in this chapter, and abatement pursuant to the provisions of this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

5-5-309 Immediate dangers: Summary abatement.

Notwithstanding the provisions of this chapter or any other law, whenever any condition on, or use of, property causes or constitutes, or reasonably appears to cause or constitute, an imminent or immediate danger to the health or safety of the public or a significant portion thereof, any Enforcing Officer, or his authorized representative, shall have the authority to summarily and without notice abate the same. The expense of such abatement shall become a lien on the property and be collectible as provided in this chapter.

5-5-310 Recurrent and seasonal weeds.

The City may use preventive chemicals for the abatement of weeds determined by the Weed Abatement Officer to be seasonal and recurrent nuisances on specified parcels of property.

In such cases, in addition to the requirements of Section 5-5-302 of this article, the notice shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or adjacent to the property and constitute a public nuisance, and the efficient and economical control of such nuisance requires preventive chemical control.

In the event the City is once required to abate such a nuisance, the City, before and during the next following germinating season of such weed, may use preventive chemical control of such weeds.

If such nuisance recurs on the same parcel within one calendar year, no further hearings need be held, and it shall be sufficient to mail postcard notices to abate to the owners of the property as their names and addresses appear on the current assessment roll.

5-5-311 Bids for weed abatement.

The Weed Abatement Officer shall solicit bids from persons to abate the nuisances and shall keep a record of all such bids for a period of six (6) months after the confirmation of the assessments by the Council. Verbal bids may be accepted by the Weed Abatement Officer for all abatement work less than Three Hundred and no/100ths ($300.00) Dollars. Written and signed bids shall be received for abatement work in excess of Three Hundred and no/100ths ($300.00) Dollars. Bids may be submitted for the total cost of the work to be performed or on an hourly rate basis with an estimated total number of hours required for labor, equipment, materials, and a fixed or flat set up charge.

Bids may be obtained separately for each abatement job or for a fixed period of time incorporating any number of abatement jobs. The Weed Abatement Officer shall award the job to the bidder. The award need not be made by the Weed Abatement Officer on the basis of the lowest bid submitted if the lowest bidder has not adequately performed to the satisfaction of the Weed Abatement Officer on previous abatement jobs.

The Weed Abatement Officer shall determine the method of bidding for each abatement.

5-5-312 Fire costs: Responsibility.

Whenever a fire occurs on property within the City, and the owner or other responsible person of such premises has been previously notified in accordance with the provisions of Section 5-5-302 of this article to abate, and the fire is a result of, or has been aggravated by, such public nuisance, the owner or other responsible person shall pay to the City any and all costs associated with or incurred by the City by reason of such fire. The expense of such abatement shall become a lien on the property and shall be collected as provided in this chapter.

5-5-313 Enforcement.

The City Nuisance Abatement Officer is authorized to arrest a person without a warrant if he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of any of the following Turlock Municipal Code Sections: : 4-8-501, 4-8-502, 5-5-201, 5-5-202, 5-5-501, 5-5-502, 5-5-505, 5-5-506 or 5-5-507. Said sections are provisions which the Nuisance Abatement Officer has a duty to enforce.

Article 4. Assessments

5-5-401 Accounts and reports of costs.

The Enforcement Officer shall keep an account of the costs of abating such nuisances, together with an administrative charge in the amount of fifty-eight (58%) percent of the costs of abatement. The Enforcement Officer shall send such account and a report and assessment list to the City Clerk and Council after the nuisance has been abated. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense and administrative charge proposed to be assessed against each separate lot or parcel of land.

(776-CS, Amended, 05/28/1992)

5-5-402 Notices of reports.

The City Clerk shall make a copy of such assessment list as provided in Section 5-5-303 of Article 3 of this chapter and notice of the time and place when and where the assessment list will be submitted to the Council for a hearing and confirmation, notifying the responsible persons that they may appear at such time and place and object to any matter contained therein. The mailing of such notice shall be made and completed at least ten (10) days before the time set for the hearing. Such notice shall be substantially in the following form:

Nuisance Abatement

Notice is hereby given that on ____, 20___, at the hour of 8:00 p.m. in the Council Chambers of the City of Turlock, 900 North Palm Street, Turlock, California, a report and assessment list for abatement of a nuisance, to wit:

_____________________________ will be presented to the City Council of said City for consideration and confirmation, and that any and all interested persons having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

DATED:

City Clerk of the City of Turlock

5-5-403 Hearings and confirmation.

At the time and place fixed for receiving and considering such report, the Council shall hear the same, together with any objections which may be raised by any of the responsible persons liable to be assessed for the work of abating such nuisance, and the Enforcement Officer shall attend such meeting with his record thereof, and, upon such hearing, the Council may make such modifications in the proposed assessments therefor as the Council may deem necessary, after which such report and assessment list shall be confirmed by resolution.

5-5-404 Costs: Liens and personal debts: Interest.

In addition to being a personal debt, the assessment for abating such nuisance upon, or in the front or rear of, or adjacent to the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and, after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments until paid.

5-5-405 Collection on tax roll.

After the confirmation of the report, a copy shall be given to the Finance Director, who may bill the responsible party and who may receive the amount due on the assessment and issue receipts at any time after the confirmation and until a list of unpaid assessments shall have been given annually to the County Auditor by the Finance Department for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to such special assessments, and the liens of such assessments shall have the priority of the taxes with which the assessments are collected.

Article 5. Dismantling and Repair of Motor Vehicles

5-5-501 Nuisances declared.

The repair or dismantling within the view of persons traveling on the public right-of-way and in the open in any residential district of the City of any automobile, boat, motorcycle, or other vehicle or conveyance is detrimental to the public health, safety, and general welfare and is hereby declared to be a public nuisance. The civil penalty for any person violating the permit provisions of this article shall be Fifty and no/100ths ($50.00) Dollars.

(820-CS, Amended, 06/22/1993)

5-5-502 Permits required.

It shall be unlawful for any person to repair or dismantle within view of persons traveling on the public right-of-way and in the open in any residential district of the City any automobile, boat, motorcycle, or other vehicle or conveyance without having first obtained a permit to do so from the Fire Chief or without complying with the provisions of this article.

5-5-503 Permits: Applications.

Applications for such permits shall be made to the Fire Department on forms provided for such purpose. The applicant shall furnish all of the following information: the name and address of the applicant; the address at which the proposed work is to be done; the written consent of the owner of the premises if other than the applicant; a description of the conveyance to be dismantled or repaired and a statement of the work to be done; the estimated time necessary to complete such work; and such other information as may be required by the Fire Department.

5-5-504 Permits: Granting.

Where such work can be done without creating a police problem or a fire hazard, a permit shall be granted by the Fire Chief for the doing of the work described in the application.

5-5-505 Completion of work.

The permit so granted shall specify the time period in which the work shall be accomplished, which time period shall not be more than fifteen (15) days. The work shall be completed within the time limit specified or any extension granted for reasonable cause shown.

5-5-506 Cleanup on completion.

Upon the completion of the work authorized, the applicant shall clear the work site of all debris, oil, grease, gasoline, paint, lacquer, or other combustible material and leave the site in such a condition that no hazard to persons or property shall remain.

5-5-507 Authorization to store vehicles.

Applicants for dismantling or repair permits shall be required, as a condition to the granting of the permit, to authorize the Fire Department to remove and store, at the owner's expense, any automobile, boat, or other vehicle or conveyance, and/or parts thereof, where dismantling or repair is not completed within the time granted therefor.

5-5-508 Repair defined.

The term "repair," as used in this article, shall not include minor adjustments or the replacement of parts where such adjustments or replacement may reasonably be expected to be accomplished within a seventy-two (72) hour period. No permit shall be required for such minor adjustments or replacement.