CHAPTER 8.24
PROPERTY MAINTENANCE ORDINANCE
8.24.010 Statement of intent.
The purpose of this ordinance is to prevent the visual blight that may often occur when commercial, industrial or residential rental buildings and lots are not adequately maintained and allowed to deteriorate to an unacceptable condition of public appearance. Such blight is a detriment to the health and welfare of the city and can negatively affect the vitality of the local business community. The measures contained herein are intended to ensure that the building and grounds of any improved site (whether occupied or not) or vacant lot in a commercial, industrial or residential zone are maintained at an appropriate level in order to minimize vandalism, accumulation of trash, deterioration of the landscaping or other occurrences that contribute to the blighted appearance of the property and the overall area over time. (Ord. 2028 NCS §1 (part), 1996: Ord. 1755 NCS §l, 1989.)
8.24.020 Definitions.
A. "Building" means any structure or structures used for commercial, industrial or residential rental use, including accessory structures.
B. "Owner" means any person owning property as shown on the last equalized assessment roll of the Sonoma County Assessor, or the lessee, tenant, or other person having control or possession of the property.
C. "Property" means improved or vacant commercial, industrial or residential rental real property including, but not limited to, front yards, side yards, rear yards, driveways, parking areas, sidewalks, fences and any structures on the property.
D. "Residential rental" means improved residential real property containing three or more residential units on a single parcel of land.
(Ord. 2028 NCS §l (part), 1996: Ord. 1755 NCS §l, 1989.)
8.24.030 Property maintenance standards.
It shall be unlawful for any property owner in any commercial, industrial or residential zone to maintain or to allow to be maintained such property in such a manner that any of the following conditions are found to exist on the property. These conditions shall apply to vacant undeveloped properties in any commercial or industrial zone, and to any developed property or portion thereof on which a commercial or industrial business or businesses may be operating, or which have ceased operation, and to any residential rental property. -
A. The accumulation of dirt, litter or debris on the property which is visible from a public street.
B. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and visible from a public street.
C. Packing boxes, lumber, junk, trash, salvage materials, or other debris kept on the property and visible from a public street.
D. Abandoned, broken, or neglected equipment, machinery, refrigerators and freezers visible from a public street.
E. Broken or discarded furniture and furnishings or shopping carts and related items stored on the property and visible from a public street.
F. Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values or obstructing necessary view of drivers on public streets or private driveways.
G. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values.
H. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street.
I. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair in front yards, side yards, driveways, sidewalks or walkways and are visible from a public street.
J. Buildings or portions of buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction, and such buildings which are unpainted or where the paint on the building exterior is mostly worn off and visible from a public street.
K. Excavations which are abandoned, or left in a state of partial completion and visible from a public street.
L. Demolition sites which are abandoned or fenced and left in a partial state of completion and visible from a public street.
M. Any signs associated with the business or posted on the property and found to be in violation of Section 21.204 et seq. of the Zoning Ordinance.
(Ord. 2028 NCS §1 (part), 1996: Ord. 1755 NCS §l, 1989.)
8.24.040 Violation and penalties.
A. Potential violations of this ordinance may be identified through citizen complaint. Once a potential violation has been identified, it shall be the responsibility of the planning department working in conjunction with the chief building official, fire marshal, police chief, city attorney, city manager or their designees to determine whether or not formal nuisance abatement proceedings before the city council should be initiated.
B. Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth by Chapter l.15 of the Municipal Code. The procedures for abatement set forth in Chapter 1.15 shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
C. Violation of this ordinance is hereby declared a misdemeanor and subject to a penalty not to exceed one thousand dollars and/or six months in the county jail. (Ord. 1755 NCS §l, 1989.)