CHAPTER 1.10
CODE ENFORCEMENT, GENERALLY
1.10.010 Title.
Chapters 1.10 through 1.15 shall be known as the "Code Enforcement Ordinance." (Ord. 2250 NCS §3 (part), 2006.)
1.10.020 Purpose.
The city council establishes the procedures set forth in Chapters 1.10 through 1.15 for declaring and addressing nuisance conditions and other violations of the municipal code, pursuant to Government Code Section 36900, et seq., Section 38660, Sections 38771 through 38775, inclusive, Section 53069.4, Section 54988, and all other statutes and laws referenced herein. The purpose of Chapters 1.10 through 1.15 is to provide criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the city, to prevent, discourage, abate, or otherwise address any nuisance condition or violation of this code, as that term is defined below. (Ord. 2250 NCS §3 (part), 2006.)
1.10.030 Definitions.
A. "Abatement order" and "administrative order" shall mean an order issued by a hearing officer following an appeal hearing or an order to show cause hearing.
B. "Administrative costs" shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under Chapters 1.10 through 1.15. Administrative costs shall include, but not be limited to, site inspections and reinspections, third-party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related to abatement proceedings. The hourly rate for staff time shall be set by the city council and may be revised from time to time.
C. "Affected property" shall mean any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions or other code violations allegedly exist or have previously existed.
D. "City" shall mean the city of Petaluma.
E. "Code" or "this code" shall mean the city’s municipal code, zoning ordinance, all uniform codes that have been incorporated into the city’s municipal code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including without limitation, the State Housing Law (Health and Safety Code Section 17910 et seq.).
F. "Compliance" shall mean all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by an enforcement officer, hearing officer, or city council.
G. "Costs of abatement" shall mean all costs incurred by the city in connection with achieving compliance with an abatement order, including, but not limited to, any cost incurred by the city in performing or contracting for work required to achieve compliance with an abatement order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorneys’ fees, all as permitted by law.
H. "Day" or "days" shall mean calendar days.
I. "Enforcement action" shall mean any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of Chapters 1.10 through 1.15 or pursuant to any other legal authority.
J. "Enforcement officer" means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer. In addition to any other powers conferred upon him or her by this code or by any other law, an enforcement officer shall have the authority to issue a notice to appear, or issue a notice of violation, as described in Section 1.14.020, if the enforcement officer has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.
K. "Hearing officer" shall mean any person or persons appointed by the city council, or by any person designated by the city council to make the appointment, to conduct a hearing pursuant to Chapters 1.10 through 1.15.
L. "Nuisance condition" shall mean any condition described in Civil Code Section 3479 or Section 1.10.060 of this code, and shall also include, but not be limited to, any violation of this code.
M. "Occupant" shall mean the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized agent of same.
N. "This chapter" shall mean these code enforcement chapters (Chapters 1.10 through 1.15) as enacted and as the same may be amended from time to time.
O. "Owner" shall mean the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.
P. "Penalty" shall mean an administrative fine or penalty imposed on the responsible party, pursuant to Section 1.14.050.
Q. "Responsible party" shall mean any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.
(Ord. 2250 NCS §3 (part), 2006.)
1.10.040 Violation a public nuisance, alternative remedies provided.
Any violation of this code, including a continuing violation as described in Section 1.10.080, is unlawful and is hereby declared to be a nuisance. Any violation of this code may be prosecuted or enforced through any of the enforcement remedies provided in Chapters 1.10 through 1.15. In addition to the remedies provided in Chapters 1.10 through 1.15, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power the city may possess. All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another. The election of remedies provided by Chapters 1.10 through 1.15 or other applicable law shall be at the sole discretion of city officials. A hearing officer may order the abatement of any nuisance condition, including abatement by the city, following proper notice and an opportunity for a hearing. However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Chapter 1.15 of this code. (Ord. 2250 NCS §3 (part), 2006.)
1.10.050 Violation of license, permit, agreement or approval.
It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued by any authorized agent, body or agency of the city, including the Petaluma community development commission. Any responsible party (including, without limitation, any agent, employee, or contractor of the responsible party) violating or contributing to the violation of any such term or condition shall be subject to enforcement as provided in Chapters 1.10 through 1.15 and in any other law. (Ord. 2250 NCS §3 (part), 2006.)
1.10.060 Maintenance of property.
In addition to other conditions defined to be nuisances in Chapters 1.10 through 1.15 or the municipal code, it is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such manner that any of the following conditions, but not limited thereto, are found to exist thereon:
A. Buildings which are abandoned, boarded up, partially destroyed, substantially deteriorated, or left unreasonably in a state of partial construction without an active building permit;
B. Unpainted, unmaintained and otherwise unprotected buildings causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds;
C. Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, and malicious mischief;
D. Overgrown vegetation:
1. Causing detriment to neighboring properties or property values,
2. Causing a hazardous condition to pedestrian and/or vehicular traffic,
3. Likely to harbor rats, vermin and other nuisances;
E. Dead trees, weeds and debris:
1. Constituting unsightly appearance and/or odors,
2. Dangerous to public safety and welfare,
3. Detrimental to nearby property or property values,
4. A ready source of fuel for combustion;
F. Attractive nuisances dangerous or potentially dangerous to people in the form of:
1. Abandoned and/or broken equipment,
2. Pools, ponds or excavations without adequate barriers,
3. Neglected, unprotected and/or unsecured machinery,
4. Unsecured and unoccupied abandoned buildings and structures;
G. Items such as, and similar to, the following, and which are stored in yards and visible from public streets and/or other properties:
1. Trash, junk, garbage and debris,
2. Household goods,
3. Mattresses,
4. Cans of stains, paints and solvents,
5. Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.,
6. Inoperative vehicles, vehicles in various states of disrepair and vehicle parts,
7. Cabinets,
8. Furniture,
9. Clothing,
10. Appliances,
11. Boxes,
12. Construction materials and/or tools,
13. Yard and garden equipment in excess of that which is reasonable and acceptable for maintaining the property at which it is located,
14. Bicycles, scooters and like items in excess of that which is reasonable for use by the current occupants of a property,
15. Items of any sort or of any quantity that are evidence of an illegal operation or business, or create the appearance thereof,
16. Any other refuse or waste;
H. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
I. Any building, structure or portion thereof built to code standards applicable at the time of original construction, or areas of access which have any of the following conditions or defects to a significant degree or as otherwise noted:
1. Whenever any door, aisle, passageway, stairway, window or other means of exit is not of sufficient dimensions, or is not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway, window or other means of exit,
2. Whenever any portion thereof has been damaged by earthquake, wind, flood, rain or by any other cause, in such a manner that the structural strength, stability or integrity thereof is appreciably less than is suitable for occupancy and is less than the minimum requirements of building code regulations enforced by the city,
3. Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property,
4. Whenever any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live loads or dead loads as specified in the building code regulations enforced by the city without exceeding the working stresses permitted therein,
5. Whenever any portion thereof has settled or otherwise been repositioned or reconfigured so that structural portions of buildings and structures have less resistance to winds, earthquakes and/or other forces than is adequate for safe occupancy and/or as is otherwise required by building code regulations enforced by the city,
6. Whenever buildings or structures, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, infestations or the removal, loss, or movement of a portion of the soil necessary to adequately support such building structure or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fail, or otherwise fall or give way,
7. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used or intended to be used,
8. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts,
9. Whenever a building or structure which has been constructed now exists or is maintained in violation of any requirements or prohibitions, applicable to such building or structure, of the building and housing code regulations enforced by the city,
10. Whenever a building or structure, used or intended to be or used for dwelling purposes because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to contribute injury to the health, safety or general welfare of those living within,
11. Whenever a building or structure, by reason of obsolescence, dilapidation, deterioration, damage, substandard electric wiring, gas connections, or heating apparatus, or similar conditions, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause,
12. Whenever any sidewalk or driveway which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same.
(Ord. 2250 NCS §3 (part), 2006.)
1.10.070 Causing, permitting, etc., a violation.
Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision. (Ord. 2250 NCS §3 (part), 2006.)
1.10.080 Separate and continuing violations.
A separate offense shall be deemed committed each day a violation of this code occurs or continues; any penalty imposed for a violation, pursuant to Section 1.14.050, may be imposed on a "per day" basis. Any condition of real property that constitutes a nuisance condition where the same, or a substantially similar, condition has been the subject of two or more enforcement actions within any three-month period is deemed to be a continuing violation. Any building or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained, moved, or demolished contrary to any provision of this code, or contrary to any term or condition of any license, permit or entitlement issued by or on behalf of the city, shall be deemed a violation of this code. Similarly, any use of land, building or premises that is established, conducted, operated or maintained contrary to any license, permit, condition or approval relating to the use of said land, or that is contrary to any provision of this code, shall be deemed a violation of this code. (Ord. 2250 NCS §3 (part), 2006.)