Chapter 17.06
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
17.06.010 Restrictions on building construction, land use.
17.06.020 Exception to height requirements.
17.06.040 Accessory buildings established prior to permitted use.
17.06.060 Home occupation criteria.
17.06.070 Mobile food vendors, temporary and seasonal sales stands--Three days or less annually.
17.06.080 Certificate of occupancy.
17.06.100 Temporary construction trailers/construction yards/emergency use.
17.06.110 Recreational vehicle/trailer/boat use and storage.
17.06.120 Acceptable farming and ranching practices.
17.06.130 Sale of alcoholic beverages.
17.06.140 Street improvements.
17.06.150 Construction in floodplains.
17.06.160 Occupancy changes in commercial buildings in commercial zones.
17.06.170 Special events, special event permits.
17.06.190 Cottage food operations.
Prior legislation: Ords. 305, 425, 467, 468, 469, 493, 522, 524 and 525.
17.06.010 Restrictions on building construction, land use.
A. No building, structure or use of land shall commence, be enlarged or altered unless it is permitted in the zone in which the land is located and all applicable permits have been secured.
B. No building, structure or use of land shall commence, be enlarged or altered unless it meets the requirements of the zone in which the land is located, except as may be provided by provisions for variances per Chapter 17.75. (Ord. 536, Att. A, 2023; Ord. 323 §1, 1992; Ord. 270 (part), 1984)
17.06.020 Exception to height requirements.
The maximum building height limitations of each zone do not apply to spires, chimneys, belfries, cupolas, antennas, water tanks, ventilators, poles, silos, elevators, walkways, conveyors, machinery, safety devices and structures supporting same, or other architectural appurtenances not intended for human occupancies. The maximum height limitations for such structures shall be ten feet higher than the building height limits of the zone in which the use is allowed, unless a use permit is obtained to allow higher structures. (Ord. 536, Att. A, 2023; Ord. 323 §2, 1992: Ord. 270 (part), 1984)
17.06.030 Access.
Each land use or building constructed under this chapter shall have access to a private or public street or road. All buildings or uses of land shall be located on its lot or parcel as to provide safe and convenient access for servicing, fire protection, user ingress and egress and required off-street parking. (Ord. 536, Att. A, 2023; Ord. 270 (part), 1984)
17.06.040 Accessory buildings established prior to permitted use.
A. Unless otherwise provided in this title, the principal permitted use shall be constructed in any zone prior to or concurrent with construction of any structure designed as an accessory building or for an accessory use. This provision does not apply to barns or structures in support of an agricultural use in the RE-5 or SP zone on parcels five acres or larger.
B. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.050 Excessive slopes.
Any proposed land use located on slopes greater than thirty percent may be subject to the following:
A. Denial of the permit due to impacts to public health and safety;
B. Increased lot size;
C. Decreased residential density;
D. Decreased land use intensity (lot coverage);
E. Provisions for alternate and/or secondary ingress and egress;
F. Greater standards for erosion control and soil stabilization;
G. Preparation of a visual impact assessment addressing visual impacts associated with grading, vegetation removal, and/or hillside and hilltop development. (Ord. 536, Att. A, 2023; Ord. 270 (part), 1984)
17.06.060 Home occupation criteria.
An occupation conducted in a dwelling unit is allowed in the R-1, R-1:GHC, R-2, R-3, RE-1, and RE-5 zones, provided:
A. No person, other than members of the immediate family residing on the premises, shall be engaged in such occupation;
B. The home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty-five percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation;
D. No home occupation shall be conducted in more than one existing accessory building;
E. There shall be no sale of products other than products handcrafted by the occupants or products which are related and incidental to a service provided;
F. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood;
G. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.
H. The city may include additional conditions as necessary to ensure the health, safety, general welfare, and maintenance of the residential character of the neighborhood in which the home occupation is located.
I. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023; Ord. 270 (part), 1984)
17.06.070 Mobile food vendors, temporary and seasonal sales stands--Three days or less annually.
A. No person shall engage in any business in the public streets or public sidewalks unless an encroachment permit or special event permit has been issued by the city.
B. Except as otherwise provided in Section 5.04.170 (Intermittent vendors), mobile food vendors and temporary or seasonal sales stands that operate four days or more annually shall be required to secure an administrative conditional use permit in accordance with Section 17.27.025 or 17.30.030 or Chapter 17.34 in the Community Commercial (CC), Shopping Center Commercial (SC) or Business Attraction and Expansion (BAE) zoning districts prior to commencing operations.
C. All mobile food vendors and temporary or seasonal sales stands that operate three days or less annually shall be required to secure a city business license prior to commencing operations. Business licenses shall be renewed annually.
D. All mobile food vendors shall provide the city with a copy of a valid permit to operate from the Calaveras County Environmental Management Agency, Food Facility Program.
E. Business license applications pursuant to this section shall require submittal of the following unless otherwise waived by the city planner:
1. A site plan identifying the location of the proposed vendor or sales stand including nearby buildings, walkways, driveways and parking;
2. The location of proposed parking;
3. A letter of permission from the landowner where the vendor will be located;
4. Hours of operation;
5. The proposed dates and total number of days to be in operation;
6. The contact information of the person operating the business;
7. Off-site storage location for flammable or potentially hazardous materials;
8. Exits, fire suppression methods, as applicable;
9. Other information as may be requested by the city to ensure the health, safety and general welfare of the community.
F. The city planning department shall review each application and seek recommendations from appropriate agencies. The city shall approve, conditionally approve, or deny the application within seven days of receipt of a complete application. The city planner may establish conditions to ensure that overall intent of this title and the general plan are met, and as necessary to make findings that the permit, if approved, under the circumstances of the particular case, will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood.
G. The decision of the city planner is subject to appeal under Section 17.81.020.
H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.080 Certificate of occupancy.
Prior to occupying any nonresidential building after there has been a change in tenant, change in business, or change in use, no matter the length of the vacancy, the new occupant shall be required to obtain a certificate of occupancy. Temporary uses of existing buildings (for example, pop-up shops or vendors) shall also be required to obtain a certificate of occupancy prior to operation. (Ord. 536, Att. A, 2023)
17.06.090 Garage sales.
Garage sales may be held on residential private property and sponsored by a particular person or group for not more than three days in any calendar year. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.100 Temporary construction trailers/construction yards/emergency use.
A. An administrative conditional use permit shall be secured pursuant to Section 17.78.027 for a temporary structure or trailer for housing tools, equipment, or containing supervisory offices in connection with construction projects and may be maintained only during active progress of construction on the same property. Temporary construction offices shall be removed within two weeks of issuance of a certificate of occupancy for the structure. An administrative conditional use permit is not required if temporary construction offices are permitted under the conditions of approval for another city-issued entitlement for the same construction project (e.g., site plan review).
B. Temporary structures or trailers providing public utility services, emergency services, or emergency support services and/or personnel during a city-declared emergency are permitted with issuance of a building permit unless a building permit is otherwise waived by the city and subject to meeting all applicable health and safety regulations.
C. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.110 Recreational vehicle/trailer/boat use and storage.
A. Any recreational vehicle, trailer, or boat shall comply with all provisions of Section 1.17.110.
B. A recreational vehicle, trailer, or boat may be stored on a parcel in a residential zone; provided, that:
1. It is not connected to sewer, water, gas, electricity, telephone or other utilities;
2. It is not used for human habitation;
3. It is operative and licensed and located only in those areas allowed in Section 1.17.110.
C. It is unlawful for any property owner to permit any person to park a recreational vehicle, trailer, or boat on the property owner’s property for the purpose of using it as living quarters within the city.
D. Recreational vehicles or trailers may be permitted as living quarters only in a trailer or recreational vehicle park duly permitted, approved and licensed by the state pursuant to the Recreational Vehicle Park Occupancy Law (California Civil Code Section 799.20 et seq.), and subject to issuance of applicable permits by the city in accordance with Title 17.
E. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.120 Acceptable farming and ranching practices.
A. Acceptable ranching practices in the Special Planning (SP) and Residential Estate, five acre minimum (RE-5) zone shall include: animal husbandry and livestock farming; provided, that the amount or number of animals or poultry to be allowed on the site does not create a nuisance to the contiguous properties. Acceptable farming and ranching practices shall include the growing and harvesting of trees, fruits, vegetables, flowers, grains or other crops, storage, packing or processing of agricultural products on the property without changing the nature of the product for sale on the property; provided, that such uses are authorized by a resident or owner of the property, are incidental to the dwelling use thereof and not a nuisance to adjacent properties.
B. Acceptable farming practices in the SP and RE-5 zone shall include crop and tree farming. (Ord. 536, Att. A, 2023)
17.06.130 Sale of alcoholic beverages.
Any place of business intending to engage in the sale of alcoholic beverages in any zoning district permitting such sales shall obtain an administrative conditional use permit pursuant to Chapter 17.78 prior to doing so. (Ord. 536, Att. A, 2023)
17.06.140 Street improvements.
Streets, curbs, gutters, sidewalks, storm drain improvements and appurtenances or parts thereof may be required as a condition of approval for any permit issued under the provisions of this title. All such improvements shall be constructed in accordance with city improvement standards and Title 12. (Ord. 536, Att. A, 2023)
17.06.150 Construction in floodplains.
All proposed land uses, buildings or structures which are located within a special flood hazard zone as identified by the Federal Emergency Management Agency flood insurance rate maps or on the city’s general plan land use map, identified in the city’s multijurisdictional hazard mitigation plan, or that may be susceptible to the effects of flooding, including erosion or mudslide, shall conform to the requirements of Chapter 15.20 as well as the provisions of this title. (Ord. 536, Att. A, 2023; Ord. 323 §8, 1992)
17.06.160 Occupancy changes in commercial buildings in commercial zones.
A. Where a change in tenant results in the same use being continued, as long as the use was legally established, the new tenant use does not require planning commission review except for changes involving exterior alterations within the HC zoning district, including new signage, which require planning commission review in accordance with Sections 17.26.080 and 17.26.090.
B. Where a new structure is to be constructed in the CC or SC zones requiring site plan or use permit review, the structure and use require planning commission approval unless otherwise provided in Chapters 17.52, 17.73, or 17.74.
C. Where special considerations were granted by the city to a previous use, the effect of those considerations expires if the use was discontinued for one year or more pursuant to the nonconforming use provisions of Section 17.72.010. (Ord. 536, Att. A, 2023; Ord. 323 §56, 1992)
17.06.170 Special events, special event permits.
A. Gatherings or events involving 50 or more persons shall require a special event permit from the city planning department if:
1. Held entirely, partially, directly or indirectly on state or city-owned or leased property, including but not limited to: streets, parking lots, parks, sidewalks, city buildings or properties; or
2. Held on private property where a fee is charged for the event or sales will occur on site; or
3. The event could adversely impact traffic flows within or surrounding the city to the extent that emergency response vehicles could be impeded in the opinion of the city police or fire chief.
B. A special event permit is not required for:
1. Events held at a site in which special events have been permitted by the city through issuance of a conditional use permit or other entitlement specifying that such events are allowed; or
2. Events held inside permanent buildings constructed and approved by the city for the purpose of public assembly (e.g., auditoriums, theatres); or
3. Gatherings held for the purpose of public health or safety; or
4. Gatherings held for the purpose of conducting city business.
C. A special event permit application shall be submitted to the city planning department on a form as prescribed by the city planner and subject to a fee as established by the city council.
D. A decision by the city planner that a special event permit is required may be appealed in accordance with Section 17.81.020. (Ord. 536, Att. A, 2023)
17.06.180 Storage containers.
A. Storage containers are prohibited in the HC, R-2, and R-3 zoning districts.
B. In zoning districts that permit storage containers, storage containers shall conform to all of the following:
1. Any storage container, regardless of size, shall conform to all building setbacks.
2. A building permit or waiver shall be secured for any storage container over two hundred square feet.
3. Any storage container shall be placed behind or to the side of the principal building. Said container shall be screened with fencing or landscaping so as not to be visible from any roadway or neighboring use.
4. A landscaping plan and/or screening plan shall be reviewed and approved by the community development department prior to installing any storage container.
5. Storage containers are prohibited on vacant parcels unless a building permit is first secured for a primary structure except that they may be used for agricultural purposes on vacant property in the RE-5 or SP zoning district on parcels five acres or larger in accordance with subsections D and F of this section.
C. In the R-1 and RE-1 zoning district:
1. Only one storage container, not exceeding two hundred square feet in size, is allowed on any parcel.
D. In the RE-5, CC, SC zoning districts:
1. No more than two storage containers are allowed.
E. Storage containers are permitted in the Industrial (I), Business Attraction and Expansion (BAE) and Public (P) zones. Storage containers in the I, BAE or P zones shall not be subject to the screening requirements described in subsection B of this section.
F. In the SP zoning district on parcels five acres or larger, storage containers shall be permitted as an interim use for agricultural purposes. The permanent use of storage containers in an SP district shall be addressed in the site’s development agreement in accordance with Section 17.42.020 or specific plan in accordance with Section 17.42.040.
G. Existing use of any storage container in numbers greater than permitted herein is subject to the provisions of Chapter 17.72 (Nonconforming Uses). Notwithstanding Chapter 17.72, existing uses of any storage container not conforming to the provisions of this section, other than limits on numbers of containers, shall be removed or brought into conformance with this section upon change of ownership of the parcel or within five years after the effective date of this section, whichever comes first.
H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.190 Cottage food operations.
A. Cottage food operations (CFOs) shall comply with Chapter 11.5 (commencing with Section 114365 et seq.) of Part 7 of Division 104 of the California Health and Safety Code and the provisions of California Government Code Section 51035.
B. CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.
C. All CFOs shall submit a cottage food operation permit application (CFO application) in a form as prescribed by the community development director prior to commencing operations. A CFO application shall be reviewed and approved, conditionally approved, or denied by the city planner without a hearing. A CFO permit:
1. Is required for each CFO location and is not transferable between persons or locations.
2. May be conditioned by the city planner to ensure consistency with the requirements of this section.
3. May be denied by the city planner if the CFO does not comply with Government Code Section 51035 and the provisions of this section.
4. Is subject to a fee as approved by the city council. Any amendment to a CFO permit is subject to the same fee.
D. CFOs shall comply with the following:
1. Obtain a business license from the city prior to commencing operations.
2. Provide proof, where applicable, of landlord permission to operate a CFO on the premises.
3. CFOs may have one full-time equivalent employee (not counting family members).
4. All parking associated with the CFO shall be on site (i.e., off street). No more than one visitor’s vehicle and one nonresident employee’s vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in Chapter 17.69 (unless otherwise specified in a city-issued entitlement). All on-site vehicle parking shall be designed and constructed in accordance with Chapter 17.69.
5. Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer per hour per day. All sales shall occur between seven a.m. and eight p.m. Mondays through Fridays, eight a.m. to eight p.m. on Saturdays, and ten a.m. to three p.m. on Sundays and federal holidays.
6. All commercial deliveries shall occur between eight a.m. and six p.m. Monday through Saturday. Commercial deliveries are prohibited on Sundays and federal holidays.
7. Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 5-1 of Angels Camp General Plan 2020, or as may be amended.
8. Signage is prohibited.
9. No outside storage of materials or supplies is permitted.
10. There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.
11. Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.
12. Customers cannot dine at the CFO.
13. CFOs may not exceed gross sales levels as established by the state of California for CFOs. The city may request a copy of the CFO operator’s most recent income tax return to verify gross sales receipts.
14. CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Calaveras County Environmental Management Agency.
15. Other measures as may be determined necessary by the city planner for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.
E. Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section.
F. Failure to comply with any condition attached to the CFO permit by the city planner shall constitute a violation.
G. Decisions of the community development director may be appealed in accordance with Section 17.81.020.
H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 536, Att. A, 2023)
17.06.200 Movie sets.
A. Motion picture and television stage sets and scenery are permitted in all zoning districts; provided, that a use permit and building permit are first secured.
B. All structures for temporary motion picture and television stage sets and scenery shall be removed within thirty days of completing filming. (Ord. 536, Att. A, 2023)
17.06.210 Vacant buildings.
A. Findings. The city council finds that vacant commercial and industrial buildings are a major source of blight and health and safety problems in the city. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Buildings left unattended can become occupied by unauthorized persons. Use of vacant buildings by unauthorized occupants who use open flames for heat or cooking creates a risk of fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings discourage economic development and limit appreciation of property values.
Based on the likely economic and public health, welfare, and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the city. City departments involved in such monitoring include the police, public works and building departments, and the code enforcement division. There is a substantial cost to the city for monitoring vacant buildings, whether or not those buildings are boarded up. It is the responsibility of property owners to prevent property they own from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare, and any costs to the city for monitoring vacant buildings should be borne by those owners. The city council finds that there is an urgent need to establish procedures to monitor and maintain vacant buildings and encourage the return of these structures to productive use.
B. Vacant Building Monitoring Program Registration and Monitoring Fee.
1. The city administrator or their designee shall be responsible for administering a vacant building monitoring program for identifying and monitoring the maintenance of all vacant buildings in the city. Monitoring is required to ensure compliance with this section and to ensure that the property owner is progressing diligently with authorized repair or rehabilitation, the building is ready for occupancy and actively offered for sale, lease or rent, or the property owner is actively maintaining and monitoring the building and its associated surrounding property. Any building falling under the definition of "vacant building" for this title must register for the program after sixty days without an authorized occupant.
2. Monthly Fee Imposed. There is imposed on every property owner of a registered vacant building a monthly vacant property monitoring fee. The amount of this fee shall be established by city council resolution upon registration of the building with the vacant building monitoring program and shall not exceed the reasonable cost of monitoring the vacant building and associated surrounding property. The fee shall be due on the first day of each month and must be received no later than the last day of the month, for every month that the building remains vacant.
3. Fire Marshal Inspection. The city fire marshal shall inspect vacant buildings at least once every six months for consistency with the California Fire Code. The cost of these inspections shall be included in the monthly fee in subsection (B)(2) of this section.
4. Fee Waiver. The vacant building program monitoring fee may be waived by a code enforcement officer if the property is duly registered and the officer, in their discretion, finds that:
a. The property owner has obtained a land use entitlement or a building permit and is progressing diligently with authorized construction, repair, or rehabilitation to ready the building and associated surrounding property for occupancy; or
b. The building and associated surrounding property meet all applicable codes, are not likely to become a nuisance, are the subject of regular inspections and ongoing landscape maintenance and are actively being offered for sale, lease or rent; or
c. The property owner demonstrates to the satisfaction of the code enforcement officer that there is an ongoing contract with a local property manager to secure and maintain the property in compliance with the Angels Camp Municipal Code and the local property manager is implementing the contract in compliance with this section; or
d. The property owner demonstrates to the satisfaction of the code enforcement officer that the owner is actively maintaining and monitoring the building and associated surrounding property in compliance with this section and every provision of the Angels Camp Municipal Code, and that the building and surrounding property are not likely to become a nuisance or blight to the neighborhood.
e. The waiver granted in this section may be rescinded at any time if the code enforcement officer finds that the property is not in compliance with any provision of the Angels Camp Municipal Code.
f. Any owner billed by the vacant building monitoring program may apply for a waiver by submitting a written statement of the grounds for the waiver, and the owner’s daytime telephone number, to the city administrator or their designee within thirty days after the vacant building monitoring program fee billing is mailed to the owner. The city administrator or their designee shall review the written statement and may contact the owner to discuss the application for a waiver. The city administrator or their designee shall prepare a written decision which shall be mailed to the owner. Any owner may appeal a decision by the city administrator or their designee under this section through the procedure outlined in Chapter 1.19.
C. Vacant Building Plan. In addition to the monitoring fee, buildings required to register for the vacant building monitoring program must submit a vacant building plan to the code enforcement division. The vacant building plan shall include the following information and shall be submitted within thirty days of registration with the vacant building monitoring program:
1. Name and address of person submitting the vacant building plan;
2. Name and address of all property owners of the subject property;
3. The name and address of a local agent, if the property owner(s) is/are not local, that code enforcement officers may contact related to enforcement of this section;
4. A plan to make any buildings ready for occupancy that could not be legally occupied under state and local law at the time of submission of the plan;
5. A plan for actively monitoring, maintaining, and securing the building and associated surrounding property and otherwise complying with this section; and
6. A letter of written consent, signed by all property owners, to the city administrator allowing city code enforcement officers to enter the property for inspections sufficient to enforce the provisions of this section.
7. Exception. If the vacant building will be occupied within sixty days of registration for the vacant building plan monitoring program, the owner may notify the code compliance officer in writing of this fact and the owner may be excused from submitting a vacant building plan.
8. Updated Plan Order. Following a regular inspection of a registered vacant building, a code enforcement officer may issue an order to submit an updated vacant building plan to the property owner. An updated plan order may be appealed as provided by Chapter 1.19.
D. Maintenance. Vacant buildings and all the associated surrounding property shall be maintained, actively monitored, and secured in accordance with the following standards:
1. Yard Maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition. Any remaining associated surrounding property shall be maintained in compliance with city codes.
2. Building Exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.
3. Building Maintenance (interior and exterior). Maintain all buildings without substandard conditions as described in California Health and Safety Code Section 17920.3.
4. Broken Windows. Board up broken windows within twenty-four hours and replace broken windows within seventy-two hours.
5. Trash and Debris. Remove all trash and debris within seventy-two hours of placement or abandonment of the trash and debris on the property.
6. Compliance With Laws. Maintain the building in continuing compliance with all applicable state and local codes and regulations and any applicable city-issued permits.
7. Secure Property. Secure the property, both vacant structure(s) and associated surrounding property, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by means as shall be accepted by code enforcement officers. For purposes of securing vacant buildings and associated surrounding property, boarding up windows and doors and fully fencing the property is discouraged and shall only be used for short duration when it is determined by a city code enforcement officer that no other reasonable alternative exists.
8. Graffiti. Remove all graffiti on the property within forty-eight hours of placement on the property.
9. Emergency Communications From City. If there is an emergency at the property, the owner, a responsible party, or a property management company shall physically respond to the property within one hour from the time a city official contacts them, if the city official determines it to be necessary.
E. Vacant Building On-Site Notice. All vacant buildings shall post a sign no smaller than eighteen by twenty-four inches on the front of the exterior building or structure, so it is legible from the public-right-of-way, with the following information:
1. Name and twenty-four-hour working contact telephone number and address of the owner, responsible party, or property management company; and
2. The statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS OR IF YOU ARE INTERESTED IN THIS PROPERTY CALL" with the twenty-four-hour telephone number listed.
The sign shall be constructed and printed with weather resistant materials and replaced if it should become faded or unreadable.
F. Abatement/Public Nuisance. A violation of any provision of this section shall be a public nuisance subject to the remedies and procedures provided in Chapters 1.16, 1.17, and 1.18. Appeals may be sought under the process provided for by Chapter 1.19.
G. Compatibility With Section 1.17.200. Nothing in this section shall be read to repeal or replace Section 1.17.200, "Public nuisance--Abandoned and/or vacant buildings or structures." Registration with the vacant building monitoring program exempts an owner from the Section 1.17.200(B) requirements to board the windows of a vacant building. (Ord. 538, Att. A §2, 2023)