Chapter 8.02
PROPERTY MAINTENANCE AND NUISANCES
Sections:
8.02.040 Abatement of nuisances.
8.02.050 Responsibility for property maintenance.
8.02.060 Notice and hearing for abatement of nuisances.
8.02.090 Notice and hearing on abatement costs.
8.02.100 Abatement by contract.
8.02.110 Immediate danger – Summary abatement.
8.02.120 Charges for fire suppression services.
8.02.150 Violations – Penalties.
8.02.010 Purpose and intent.
The purpose and intent of this chapter are as follows:
A. To define as public nuisances and violations of this Code those conditions which are considered harmful and/or deleterious to the public health, safety, and welfare of the citizens of the City;
B. To develop regulations which will promote the sound maintenance of property and the enhancement of the livability, the community appearance, and the social, economic, and environmental conditions of the community; and
C. To establish guidelines for the correction of property maintenance violations and nuisances which afford due process and procedural guarantees to affected property owners. (Ord. 95-4, 5-9-1995)
8.02.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Abate” means 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, in his/her judgment, shall determine is necessary in the interests of the general health, safety, and welfare of the community.
“Dirt” includes any artificial accumulation of earth of a size, shape or composition to constitute a hazard to the public health or safety.
“Enforcement Officer” means the City Manager or his/her designee duly appointed to administer the provisions of this chapter.
“Premises” means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
“Rank growth” includes any excessive or coarse growth, weeds or other plant forms, natural or cultivated, which, at maturity, reach exceptionally tall or luxuriant size or which have a highly offensive or strong odor, or when dried could present a fire hazard.
“Responsible person” means the owner of any premises or his/her agent, lessee, or other person occupying or having the charge or control of the premises.
“Rubbish” includes all wastepaper, wood, cardboard or other flammable material of any kind which endangers the public safety by creating a fire hazard. Rubbish shall also include junk, trash or debris, abandoned, discarded or unused automobiles, furniture, stoves, refrigerators, freezers, cans or other containers, and partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicles which are detrimental to the property of others and which cause or tend to cause substantial diminution of the value of other property in the neighborhood.
“Weeds” means all weeds growing upon streets, alleys, sidewalks, or private property in the City and shall include any of the following:
A. Weeds which bear or may bear seeds of a downy or wingy nature;
B. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
C. Weeds which are otherwise noxious or dangerous such as: poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
D. Weeds which are a public nuisance of seasonal and recurring nature, which include tumbleweeds and Russian thistle; and
E. Accumulations of garden refuse, cuttings, and other combustible or noncombustible material. (Ord. 95-4, 5-9-1995)
8.02.030 Nuisances.
It shall be unlawful for any responsible person to keep or maintain premises under his/her 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, or general welfare and thus constitutes a public nuisance:
A. The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly, or in such a condition of deterioration or disrepair that the premises cause appreciable harm or are materially detrimental to proximal properties or improvements;
B. 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 value of such adjacent properties;
C. The existence of any accumulation of waste paper, hay, grass, straw, weeds, litter, rubbish, dirt, rank growth, or other combustible or noncombustible material upon the premises, or public sidewalks, streets, or areas in front of such premises, or upon any roof or in any building, entranceway, parking area, court, or yard thereof;
D. The existence of any branch or foliage which interferes with the 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. Overgrown vegetation likely to harbor rats, vermin, or other nuisances or having a tendency to depreciate the aesthetic and property values of surrounding properties;
F. Dead, decayed, diseased, or hazardous trees, weeds, and other vegetation potentially dangerous to the public safety and welfare or having a tendency to depreciate the aesthetic and property values of surrounding properties;
G. Land, topography, or geology, or the configuration of which, whether in a natural state or as a result of grading operations, excavations, or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety, and welfare or to adjacent properties;
H. The failure to close, by such means as shall be acceptable, all doorways, windows, and other openings into vacant structures;
I. Unpainted building causing dry-rot, warping, the lack of adequate weather protection, or broken windows constituting potentially hazardous conditions and inviting trespassers and malicious mischief;
J. Broken or discarded furniture and household equipment on the premises for more than 10 days, and visible from the street or from the sites of neighboring properties and having a tendency to depreciate the aesthetic and property values of surrounding properties;
K. The accumulation and storage, for a period in excess of 10 days, of any abandoned, wrecked, dismantled, or in an inoperative condition licensed or unlicensed vehicle, trailer, camper, boat, or other mobile equipment, or parts thereof, unless such vehicular part thereof is completely enclosed in a building or located behind a solid fence six feet in height in a lawful manner where such part is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle repairer, or licensed vehicle dealer;
L. Attractive nuisances potentially dangerous to children or the general public in the form of abandoned or broken equipment, unprotected and/or hazardous pools, ponds, or excavations, neglected machinery, or any other attractive nuisance visible to the public or surrounding properties;
M. The existence of unused building materials and packing boxes when stored in yards and visible to the public. Nothing in this chapter shall prevent such storage when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;
N. Trash, dirt, rubbish, scrap materials, and other debris, either inside or outside buildings, visible from the public right-of-way or from the site of neighboring properties for more than 10 days and having a tendency to depreciate the aesthetic and property values of surrounding properties;
O. The accumulation of dirt, litter, rubbish, or debris in vestibules, doorways, or along the adjoining sidewalks of residential, commercial, or industrial buildings;
P. The maintenance of signs and/or sign structures relating to uses no longer conducted or services or products no longer offered for sale on vacant commercial, industrial, or institutional buildings more than 45 days after such premises become vacant;
Q. The maintenance of any structure in a state of substantial deterioration or disrepair, visible from the public right-of-way or from the sites of neighboring properties, where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties;
R. 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 or other structure or thing is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition;
S. The performance of mechanical work on motor vehicles on public rights-of-way or the performance of such work in areas of residential properties so as to be visible from public rights-of-way or neighboring properties for periods in excess of three weeks;
T. The disposal of oil, gasoline, and other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid waste in such a manner as to:
1. Constitute a condition considered injurious to the public health, safety, and welfare;
2. Cause pollution of the land, water, or air in the City; or
3. Degrade the appearance of, or detract from, the aesthetic and property values of neighboring properties;
U. Premises maintained in such a condition as to obscure the visibility of public street intersections to such a degree as to constitute a public hazard;
V. It shall be unlawful to place, deposit, dump, or throw, or cause to be placed, deposited, dumped, or thrown, any garbage, swill, can, bottle, paper, ashes, refuse, carcass of any dead animal, offal, trash, rubbish, or any noisome, nauseous, or offensive matter upon private property in the City; provided, however, grass cuttings, garden trimmings, stones, wood, and other similar things may be deposited on private property by the owner thereof or any person having the written permission of the owner;
W. All weeds, rubbish, dirt, rank growth of any kind, as defined in this chapter on private property or in any street or alley or public right-of-way;
X. Any other condition on, or use of, property which constitutes a public nuisance as defined by State law or which may be declared such by other laws of the City.
No responsible person owning, managing or having control or charge of occupancy of any building, lot or premises within the City shall permit public nuisances of any kind as defined in this chapter to remain upon said premises or upon or over public sidewalks, streets or alleys between said premises and the center line of any public street or alley.
To establish a prima facie violation of this chapter, it shall not be necessary to establish any facts except that the accused responsible persons owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Ord. 2007-11 § 1(3), 12-11-2007; Ord. 2007-1 § 1(5), 3-13-2007; Ord. 95-4, 5-9-1995)
8.02.040 Abatement of nuisances.
All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the provisions set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City laws or abating public nuisances in any other manner provided by law. The City shall adopt administrative guidelines and time frames for the enforcement of this chapter which shall include provisions for reasonable notice prior to the initiation of abatement procedures provided for herein. (Ord. 95-4, 5-9-1995)
8.02.050 Responsibility for property maintenance.
A. Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this Code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
B. Every occupant, lessee, tenant, or holder of any interest in real property, other than the owner thereof, who has assumed responsibility for the maintenance of such property under the terms of an oral or written lease, rental agreement, or other contractual arrangement, and to the extent of that legal responsibility, shall maintain the property in a manner so as not to violate the provisions of this Code. At the request of the Enforcement Officer, or the designated representative, the person claiming a limitation on responsibility for maintenance shall produce for inspection the document establishing such limitation. (Ord. 95-4, 5-9-1995)
8.02.060 Notice and hearing for abatement of nuisances.
A. Notice To Abate. Whenever the Enforcement Officer, or such other official as may be designated by the City Manager, finds that nuisances exist as identified in NCC 8.02.030, or weeds, rubbish, dirt or rank growth are growing, located or existing upon any property within the City in violation of the provisions of this chapter which may endanger or injure or be detrimental to or which cause substantial diminution in the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the Enforcement Officer, or such other official as may be designated by the City Manager, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter requiring the abatement of such nuisance, stating that unless such nuisance be abated without delay by the destruction or removal of the weeds, rubbish, dirt and rank growth, or removal/alleviation of the nuisance identified by NCC 8.02.030, the nuisance will be abated by City authorities and the expense thereof assessed upon the lot, parcels and land from or on which such nuisance was abated.
B. Form of Notice. The notice specified in subsection (A) of this section may be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE BY THE REMOVAL OF WEEDS, DIRT, RUBBISH AND/OR RANK GROWTH
NOTICE IS HEREBY GIVEN THAT:
Pursuant to the provisions of Chapter 2, Title 8 of the City Code of Newman, the following condition, as declared in NCC 8.02.030, constitutes a public nuisance: _______________________, which must be abated by the destruction, or removal thereof within ____ days of the date of this notice.
All responsible persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove such public nuisances, as defined above, from their property and from their half of the abutting street and alley between the lot lines, as extended, or such public nuisances will be destroyed or removed and such nuisance abated by City authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which Municipal taxes are collected.
All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Newman to be held on _______, 20___, at ___ o’clock p.m., at which time and place all objections will be heard and given due consideration.
DATED: _______, 20___
______________
City Clerk
C. Manner of Giving Notice. Such notices shall be given in the manner set forth in this subsection.
1. The Enforcement Officer shall cause a notice or notices to be posted in a conspicuous place on or from which such nuisance exists, as follows:
a. One notice shall be posted on or in front of each separately owned parcel.
b. Not more than two notices shall be posted on or in front of any parcel having a frontage of more than 50 feet and not more than 100 feet.
c. If the frontage of any parcel is greater than 100 feet, notices shall be placed at intervals of not more than 100 feet.
2. As an alternative to posting of such notice or notices, the Enforcement Officer may cause a similar notice to be mailed by United States mail, to the owner of the subject property as shown upon any City record, or upon the last equalized assessment roll or at his/her last known address, whichever he/she shall determine to be the best means of serving notice upon the actual owner. The failure of the owner to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this chapter.
3. Such notice shall be posted or mailed, as the case may be, not less than 10 days prior to the date set for a hearing upon objections as provided in subsection (B) of this section.
D. Hearing. At the time and place stated in the notice, the Council shall hear and consider any and all objections to the proposed abatement of the nuisance. The Council may continue the hearing from time to time. At the conclusion of the hearing, the Council shall render its decision as to whether or not a condition exists that is dangerous to life, limb or property or to public health, safety or morals. If it finds such a condition to exist, it shall overrule any or all objections. If it finds no such condition to exist, it shall allow such objections. The decision of the Council shall be final and conclusive. (Ord. 95-4, 5-9-1995)
8.02.070 Abatement procedure.
After final action shall have been taken by the Council on the disposition of all objections, or in case no objections shall have been received, the Enforcement Officer or such other designated official, or his deputies, assistants, employees, contracting agents or other representatives, are hereby expressly authorized and directed to abate any and all nuisances by having the weeds, dirt, rubbish and/or rank growth destroyed or removed and are hereby expressly authorized to enter upon private property for that purpose.
A. Any person owning, managing or having control, charge or occupancy of any such property shall have the right to destroy or remove such weeds, dirt, rubbish and/or rank growth himself, or to have the same destroyed or removed at his own expense, provided that the nuisance shall be abated prior to the arrival of the Enforcement Officer or his authorized representatives.
B. It shall, however, be unlawful for any such person to burn or attempt to burn any such weeds, rubbish and/or rank growth without first having obtained written permission so to do from the Chief of the Fire Department and without complying fully with all State and local regulations governing such burning including those of the Air Pollution Control District.
C. Neither the City nor any of its authorized representatives who enter upon such property for the purpose of removing or destroying such weeds, rubbish, dirt and rank growth shall be responsible for damages resulting from injury to any improvement on the premises unless the person owning, managing or having control, charge or occupancy of any such property which has not been improved by the construction of a structure of a type which requires a building permit shall have first given written notice to the City Clerk of any improvements, whether temporary or permanent in nature, which have been placed on the parcel and which are of a type which would not be readily apparent to a person entering the parcel for the purpose of destroying or removing weeds, dirt, rubbish and/or rank growth. The notice should include such items as underground pipes, boundary and survey markers and crops and other plantings, if any, and shall be submitted not later than two days after the decision of the City Council disposing of any objections. (Ord. 95-4, 5-9-1995; Ord. 72-2, 2-8-1977; Ord. 261, 7-13-1971)
8.02.080 Costs of abatement.
A. The Enforcement Officer, or such other designated official shall keep an account of the cost of abatement, including incidental expenses, in front or on each individual lot or parcel of land in the abutting half of the street in front, and the alley, if any, in the rear thereof. The term “incidental expenses” shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this chapter, the compensation of the person appointed by the City to take charge and superintend any of the work authorized under this chapter, the expenses of preparing and typing the resolutions, notices and other papers in proceedings for such work and any other expenses incidental to the completion and inspection of the work.
B. Within a reasonable time after the conclusion of such abatement, the Enforcement Officer, or such other designated official, shall prepare and submit to the City Council for confirmation an itemized written report showing such costs. Such report shall refer to each separate lot or parcel of land by descriptions sufficient to identify such lot or parcel together with the expenses proposed to be assessed against each separate lot or parcel of land therefor respectively.
C. The Enforcement Officer shall also mail a statement of the expenses proposed to be assessed against any lot or parcel of land under the provisions of this chapter of each person to whom such property is assessed in the last equalized assessment roll prior to the date of mailing. Such mailing shall be made not later than 10 days prior to the time set for Council hearing of objections and to confirm such assessments and shall include notice of the time and place for which said hearing has been set. Failure of any record owner to receive such mailed statement and notice shall not affect the validity of any proceedings under this chapter. (Ord. 95-4, 5-9-1995; Ord. 72-2, 2-8-1977; Ord. 261, 7-13-1971)
8.02.090 Notice and hearing on abatement costs.
A. The City Clerk shall post on the bulletin board in the lobby of the City Hall a copy of the foregoing report and assessment list on the cost of the abatement of the nuisance of weeds, dirt, rubbish and/or rank growth, together with a notice of the time and place when and where it will be submitted to the Council for hearing and confirmation, notifying property owners that they may appear at such hearing and object to any matter contained therein. A like notice shall also be published once in a newspaper of general circulation published and circulated within the City. The posting and publication shall be made and completed at least 10 days prior to the date of such hearing.
B. The form of the notice of the hearing on the report and assessment, as provided in the preceding subsection, shall be substantially as follows:
NOTICE OF HEARING ON REPORT AND ASSESSMENT OR WEED, DIRT, RUBBISH AND RANK GROWTH ABATEMENT
NOTICE IS HEREBY GIVEN that on _______, 20____, the Enforcement Officer of the City of Newman filed with the City Clerk of said City a report and assessment on abatement of weeds, rubbish, dirt, and rank growth within the said City, a copy of which is posted on the bulletin board in the lobby of the City Hall.
NOTICE IS FURTHER GIVEN that on _____ day of _____, 20____, at the hour of ____ o’clock p.m., in the Council Chambers of the City Hall, said report and assessment list will be presented to the City Council for consideration and confirmation, and that any and all persons interested, 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:______, 20___.
______________
City Clerk
C. At the time affixed for receiving and considering the report of the cost of the abatement, the Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The City Council may modify the report or proposed assessments if, and in the matter it deems necessary. Such hearing may be continued from time to time. The conclusion of the hearing, the City Council shall confirm the report and assessment list by resolution.
D. Upon confirmation of the report and assessment list, the City Clerk shall transmit a certified copy of the resolution, report and list to the County Assessor and to the County Tax Collector for entry upon and collection with the next tax roll upon which general municipal taxes are collected. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subject to the same interest and penalties and the same procedure and sale in case of delinquency.
E. The cost of abatement upon, or in front or rear, of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed it shall constitute a lien upon such lot or parcel for the amount of such assessment, until paid. (Ord. 95-4, 5-9-1995; Ord. 72-2, 2-8-1977; Ord. 261, 7-13-1971)
8.02.100 Abatement by contract.
Abatement of the nuisance may, in the discretion of the City Council, be performed by private contract. In such event, the contractor shall keep the account and submit to the City an itemized written record of cost of abatement of each separate parcel of land as required by this chapter. (Ord. 95-4, 5-9-1995; Ord. 72-2, 2-8-1977; Ord. 261, 7-13-1971)
8.02.110 Immediate danger – Summary abatement.
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 enforcement officer, or his/her authorized representative, shall have the authority to summarily and without notice abate such condition or use. The expenses of such abatement shall become a lien on the property and be collectible as provided in NCC 8.02.050 and 8.02.060. (Ord. 95-4, 5-9-1995)
8.02.120 Charges for fire suppression services.
Any property owner, or other responsible person, who, after written notification by the Enforcement Officer or his/her authorized representative, fails to abate a condition constituting a public nuisance as set forth in NCC 8.02.030, shall become liable for the expenses of fighting a fire which is determined by the Fire Department to have been caused by or attributed to, in whole or part, such condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and be collectible as provided in NCC 8.02.050 and 8.02.060. (Ord. 95-4, 5-9-1995)
8.02.130 Right of entry.
It shall be unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the City to refuse to allow the Enforcement Officer, or his/her agents or employees, to enter upon the premises at any time during the hours of daylight for the purpose of the abatement of the prohibited conditions or to interfere in any way whatsoever with the Enforcement Officer, or his/her agents or employees, in any work which he may undertake pursuant to the provisions of this chapter. (Ord. 95-4, 5-9-1995)
8.02.140 Liability.
The Enforcement Officer or any employee charged with the enforcement of this Code, acting in good faith and without malice for the City in the discharge of his/her duties, shall not thereby render himself/herself personally liable, and he/she is relieved from all personal liability for any damage which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. (Ord. 95-4, 5-9-1995)
8.02.150 Violations – Penalties.
Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable according to the provisions of this chapter.
A. The City may choose to proceed with violations of this chapter as an administrative offense and impose fines established by City Council resolution. (Ord. 2012-1, 3-13-2012; Ord. 95-4, 5-9-1995)