Chapter 17.17
PROPERTY MAINTENANCE STANDARDS
Sections:
17.17.010 Purpose.
17.17.020 Applicability of other provisions.
17.17.030 General requirements.
17.17.040 Visible storage or maintenance—Storage and maintenance to be screened.
17.17.050 Front yard paving.
17.17.060 Roofs.
17.17.070 Fences.
17.17.075 Neighborhood preservation.
17.17.080 Prohibited acts.
17.17.090 Private cause of action.
17.17.010 Purpose.
The quality of life in this city is tied to the character and conditions of its neighborhoods. The purpose of these property maintenance standards is to protect the appearance, integrity and character of the community. (Ord. 1277 § 2 Ex. A, 1995)
17.17.020 Applicability of other provisions.
A. Use of property within the city may also be subject to provisions of this code not contained in this chapter, including, but not limited to, the following:
1. Solid waste disposal, Chapter 8.04.
2. Hazardous weeds and debris, Chapter 8.08.
3. Nighttime parking of large vehicles, Section 10.36.150.
4. Parking in yard, Section 10.36.233.
5. Uniform codes (building regulations), Chapter 15.04.
6. Fire prevention code, Chapter 15.08.
7. Satellite dish antenna, Section 17.16.110.
B. Where provisions of this chapter conflict with provisions of other applicable laws, including this code, the more restrictive provision shall prevail. (Ord. 1277 § 2 Ex. A, 1995)
17.17.030 General requirements.
The provisions of this chapter apply to all zones in the city, except as otherwise specified. (Ord. 1277 § 2 Ex. A, 1995)
17.17.040 Visible storage or maintenance—Storage and maintenance to be screened.
Parking, storage, stockpiling, or maintenance of any of the following items on private property must be screened from any public right-of-way, except as provided in subsection D of this section. Objects and activities will be considered “screened” when they are either (1) not visible from a public right-of-way or (2) behind a solid six-foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise permitted by zoning and building codes.
A. Furniture and Other Equipment. Furniture or other equipment, including but not limited to stuffed couches and chairs, household appliances, sinks, heaters, boilers, tanks, machinery, other household or commercial equipment, or any parts thereof.
B. Materials. Building materials, including but not limited to packing boxes, lumber, dirt piles, wood, landscape materials, or debris.
C. Recreational Vehicles and Related Devices.
1. Any airplane or other aircraft, or any parts thereof.
2. Special mobile equipment or parts thereof, such as tar wagons, water trailers, and similar devices as defined in Section 575 of the Vehicle Code.
3. Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, or parts from any of these items, unless exempted in subsection (D)(7) of this section.
D. Exceptions. The following may be allowed in front yards under the noted circumstances:
1. Waste haulers and recycling containers may be placed for pickup in accordance with Chapter 8.04 of this code.
2. Portable on demand storage containers (PODS) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week.
3. Building materials, vehicles, equipment, or construction tools may be placed in yards during construction with a valid building permit.
4. Personal property owned or rented by the occupants may be repaired, washed, cleaned, and serviced, subject to any other relevant regulations; provided, that vehicles are parked in a driveway and that all work is completed within seventy-two hours.
5. Storage, repair, and maintenance of vehicles or other equipment may be allowed in commercial or agricultural areas visible from a public right-of-way, where these activities are an integral part of the commercial business and are conducted in accordance with all other limitations on that business.
6. Barbecues and furniture that is designed and intended for outdoor use may remain on a porch or in a walled front patio, where the walls are designed in accordance with fence height regulations.
7. Recreational vehicles and trailers with current licenses may be parked in driveways. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1277 § 2 Ex. A, 1995)
17.17.050 Front yard paving.
No more than fifty percent of any residential front yard (see definition of “front yard”), not to exceed twenty-six feet in width, may be covered by concrete or other impervious material, including driveways, patio areas, walkways, and other landscape features. Exceptions to this standard can be granted through the administrative use permit process should the proposed paving be compatible with the neighborhood. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1412 § 2 (part), 2002: Ord. 1277 § 2 Ex. A, 1995)
17.17.060 Roofs.
A. No furniture or equipment, including chairs, mattresses, couches, recreational furniture, or other materials may be placed on any roof, patio cover, carport, shed top, or similar structure, except for the following:
B. Exceptions.
1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning equipment and similar devices that are designed for roof-top installation, and were lawfully installed, may remain on the roof as long as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed and created for such use. (Ord. 1277 § 2 Ex. A, 1995)
17.17.070 Fences.
All fencing that is visible from a public right-of-way shall be maintained so that fencing materials and support are structurally sound, with no missing material. (Ord. 1277 § 2 Ex. A, 1995)
17.17.075 Neighborhood preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the city to maintain such property in such a manner that any of the following conditions are found to exist thereon:
A. Refuse, green waste, and recycling receptacles shall not be within the front yard area except as provided in Chapter 8.04, which states: Refuse and garbage containers shall not be placed adjacent to the street for pickup more than twenty-four hours before pickup time, and such containers shall be removed within the twelve-hour period following pickup, except in the business improvement area (as defined in Chapter 12.36). In the business improvement area, refuse and garbage containers shall not be placed adjacent to the street for pickup before five p.m. or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before ten a.m. following pickup. The “front yard” area is defined as: The area of a residential lot that lies between the street property line and the walls of any residences that face the street. Trash, green waste, and recycling receptacles shall be completely screened from public view by a fence, landscaping, wall, or fence that is otherwise permitted by zoning and building codes.
B. Buildings which are abandoned, partially destroyed or damaged or left in an unreasonable state of partial construction, whose owners have been notified by the city that the property has been determined to be in violation of this section. An “abandoned building” means any building or structure which is not occupied, used or secured for a period of one year or more. A partially destroyed or damaged building means any building or structure in which twenty-five percent or more of the structure has been destroyed or damaged and not repaired or replaced for a period of one year or more. An “unreasonable state of partial construction” is defined as any unfinished building or structure that has been in the course of construction for two years or more, and the condition of said unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood.
C. Paint or finish material on the exterior surface of a building or other structure that has become substantially deteriorated, damaged, or unsightly so as to significantly detract from the appearance of the immediate neighborhood. For the purposes of this chapter, “substantially” shall be defined as the absence or deterioration of a required protective covering exceeding twenty-five percent of the exterior surface area, including, but not limited to, chipping, curling, damaged or missing paint. Exterior surfaces shall include gutters, downspouts, trim, doors, window, fences, and walls.
D. Broken, deteriorated, neglected, abandoned, or substantially defaced structures, equipment, machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a risk to public safety or nuisance attractive to children. For the purposes of this chapter, “nuisance attractive to children” shall mean any condition, instrumentality or machine located in a building or on premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it.
E. Parking lots, driveways, paths or other paved surfaces, except when located in a rear or side yard of a single family dwelling, which contain substantial cracks, potholes or other deficiencies posing a substantial risk of harm to the public.
F. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or harbor rats or vermin and are visible from a public right of way. For the purpose of this chapter, “overgrown” is limited to lawns or weeds over twelve inches in height. Creeks, riparian areas, open space, grassland communities, or other sensitive habitat and unique resource areas as defined by the general plan are subject to separate regulations.
G. Buildings, structures, or other surfaces upon which graffiti exists. “Graffiti,” as used in this chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance; or by carving, etching, or other engraving.
H. Any violation of the provisions of a conditional use permit, planned development permit, architectural review approval, variance or other land use entitlement or land use permit.
I. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480. (Ord. 1553 § 17, 2010: Ord. 1412 § 3 (part), 2002)
17.17.080 Prohibited acts.
A. Unlawful Acts. It is unlawful for any person, firm, or corporation that owns, occupies or controls property in the city of San Luis Obispo to maintain or fail to maintain such property in violation of Sections 17.17.040, 17.17.050, 17.17.060 or 17.17.070 of this chapter for more than seventy-two hours.
B. Type of Offense. Any person who violates Sections 17.17.040, 17.17.050, 17.17.060, 17.17.070, or 17.17.075 of this chapter shall be guilty of an infraction. Violations shall be punishable as set forth in Chapter 1.12 of the San Luis Obispo Municipal Code. Nothing in this chapter shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. (Ord. 1412 § 2 (part), 2002: Ord. 1277 § 2 Ex. A, 1995)
17.17.090 Private cause of action.
If the owner of any premise fails or neglects to comply with the provisions of this chapter, it shall constitute a public nuisance, pursuant to Section 8.24.020(B) of the San Luis Obispo Municipal Code. Any aggrieved party may, in addition to any other right or remedy he or she may possess either at law or in equity, pursue a private cause of action to abate a public nuisance, as specified in Section 8.24.190 of the San Luis Obispo Municipal Code. (Ord. 1277 § 2 Ex. A, 1995)