Chapter 5C
BLIGHTED RESIDENTIAL PROPERTY1

Sections:

5C.1    Purpose.

5C.2    Definitions.

5C.3    Public nuisance.

5C.4    Blighted property.

5C.5    Prohibition of blighted property.

5C.6    Reserved.

5C.7    Inadequate solid waste management.

5C.8    Improper parking, storing or maintaining in residential zones.

5C.9    Parking restricted to paved areas.

5C.10    Activities prohibited outdoors in areas zoned for residential uses.

5C.11    Enforcement.

5C.12    Summary abatement of blight on residential property—Imminent danger.

5C.13    Abatement of blight on residential property.

5C.1 Purpose.

The purpose of this chapter is to promote the public health, safety and welfare by requiring a minimum level of maintenance of residential property to protect the livability, appearance and social and economic stability of the city and to protect the public from the health and safety hazards and the impairments of property values that result from the neglect and deterioration of residential property. (Ord. No. 2003-14, § II, 9-15-03)

5C.2 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

(a) “Motor vehicle” means a passenger vehicle, truck, boat, camper, recreational vehicle, motorcycle, golf cart, or other similar self-propelled vehicle. “Motor vehicle” does not mean a motorized wheelchair, bicycle, tricycle or quadracycle.

(b) “Paved” means treated or covered with concrete, asphalt, or other similar material approved by the community development director. (Ord. No. 2003-14, § II, 9-15-03)

5C.3 Public nuisance.

Any property that is a blighted property pursuant to the provisions of this chapter is hereby declared and determined to be a public nuisance. (Ord. No. 2003-14, § II, 9-15-03)

5C.4 Blighted property.

Any residential property on which there exists any one or more of the conditions or activities described in this chapter is a blighted property. (Ord. No. 2003-14, § II, 9-15-03)

5C.5 Prohibition of blighted property.

No person, firm or corporation, whether as owner, agent or manager of the subject property, or as lessee, sublessee or occupant in possession of the property shall maintain any residential property in a blighted condition or shall permit that property to be blighted. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant thereto. (Ord. No. 2003-14, § II, 9-15-03)

5C.6 Reserved.

5C.7 Inadequate solid waste management.

Solid waste, which includes “garbage,” “refuse,” and “rubbish” as those terms are defined in section 12.1 of this Code, constitutes blight and blighted property in the following situations:

(a) The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a city-approved container, and is present for more than seventy-two (72) consecutive hours; or

(b) The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code. (Ord. No. 2003-14, § II, 9-15-03)

5C.8 Improper parking, storing or maintaining in residential zones.

The parking, storing or maintaining of any one or more of the following items in the front yard area of any property zoned or used for residential uses constitutes property blight:

(a) Any airplane or other aircraft, or any parts thereof.

(b) Any motor vehicle that has been wrecked, dismantled or disassembled, or any part thereof, or any motor vehicle that is disabled or may not be operated for a period of time in excess of seventy-two (72) consecutive hours.

(c) Any refrigerator in an area visible from a street or public right-of-way or in an area accessible to the public.

(d) Any washing machine, sink, stove, heater, boiler, tank or any other household appliance or equipment (except a refrigerator), machinery, mattress, sofa, couch or futon, upholstered chair, indoor carpet, other furniture except furniture designed and used for outdoor activities, appliance or appliances (except a refrigerator), or any part of any of the listed items for seventy-two (72) consecutive hours in an area visible from a street or public right-of-way or in an area accessible to the public. This subsection does not prohibit the storing or maintaining of (1) furniture designed and used for outdoor activities; or (2) any item stored or kept within an enclosed storage structure or unit in compliance with the City of Gilroy Zoning Ordinance (“Zoning Ordinance”). (Ord. No. 2003-14, § II, 9-15-03)

5C.9 Parking restricted to paved areas.

(a) No person shall keep, store or park or allow to be kept, stored or parked, any motor vehicle, whether operable or inoperable, on any portion of a front yard of residential property, except on an area that is paved in accordance with the paved surface limitations set forth in the Zoning Ordinance.

(b) This section shall not be construed or interpreted to allow parking that is prohibited or restricted by any other provision of this Code or the Zoning Ordinance. (Ord. No. 2003-14, § II, 9-15-03)

5C.10 Activities prohibited outdoors in areas zoned for residential uses.

(a) Except when conducted in a completely enclosed building and in accordance with this section, any of the following activities on any property located in an area zoned or used for residential uses cause the property to be blighted: wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, or servicing, in the front yard area, of any airplane, aircraft, motor vehicle, special mobile equipment as defined in section 575 of the California Vehicle Code, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

(b) Notwithstanding subsection (a) of this section, an owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, described in subsection (a) of this section, that is owned, leased, or rented by the owner, lessee, or occupant of the property so long as any repairing or servicing performed on personal property is conducted in a completely enclosed building or completed within a seventy-two (72) consecutive hour period.

(c) This section shall not be construed or interpreted to allow any activity that is prohibited or restricted on residential property by any other provision of this code or by the Zoning Ordinance. (Ord. No. 2003-14, § II, 9-15-03)

5C.11 Enforcement.

(a) Sections 5B.5 through 5B.11 of Chapter 5B of this Code, inclusive, pertaining to abatement of blight by property owners, agents, managers, lessees, sublessees and occupants in possession or the city, are hereby incorporated by reference and are applicable under this chapter as though fully set forth herein.

(b) Each of the procedures and actions under this chapter and sections 5B.5 through 5B.11 of Chapter 5B of this Code as incorporated by reference under this chapter pursuant to subsection (a) of this section, may be utilized in conjunction with, or in addition or alternative to, any other procedure applicable to the regulation of buildings or structures or property. (Ord. No. 2003-14, § II, 9-15-03)

5C.12 Summary abatement of blight on residential property—Imminent danger.

(a) Whenever the city administrator reasonably believes that any condition of property blight is imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, the city administrator may summarily abate the condition of property blight at the expense of the owner.

(b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the city administrator to be necessary.

(c) Summary abatement procedures and compliance, and restriction of use and notice of the restriction of use of the property which is the subject of the summary abatement procedures, and assessment of abatement costs, shall be in conformance with Article II of Chapter 5B of this Code, pertaining to summary abatement actions. The posted NOTICE TO DESTROY OR REMOVE DANGEROUS PROPERTY BLIGHT shall be substantially in the form set forth in section 5B.15 of Article II of Chapter 5B of this Code, except that instead of referencing the aforementioned section, the notice shall reference the provisions of this chapter. The assessment of abatement costs upon the owner shall be in conformance with Article III. (Ord. No. 2003-14, § II, 9-15-03)

5C.13 Abatement of blight on residential property.

(a) When the city administrator determines property to be blighted and further determines that the condition is not imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, the city administrator, upon the passage of a resolution of the city council declaring the property a public nuisance, may abate the condition of property blight at the expense of the owner.

(b) Actions taken to abate blight conditions not imminently dangerous to the life, limb, health or safety and assessment of abatement costs shall be in conformance with Article III of Chapter 5B of this Code, pertaining to abatement of property blight. The posted NOTICE TO DESTROY OR REMOVE PROPERTY BLIGHT shall be substantially in the form set forth in section 5B.21 of Article III of Chapter 5B of this Code, except that instead of referencing the aforementioned section, the notice shall reference the provisions of this chapter. (Ord. No. 2003-14, § II, 9-15-03)


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Cross referencesBlighted property, Ch. 5B; Buildings, § 6.1 et seq.; graffiti regulations, § 12.5.1 et seq.