CHAPTER 11.
PROPERTY MAINTENANCE

Sections:

6-11.01    Unlawful Property Nuisances

6-11.02    “Owner” Defined

6-11.03    Declaration of Public Nuisances

6-11.04    Hearing to Abate Nuisance

6-11.05    Notification of Nuisance

6-11.06    Notice of Hearing

6-11.07    Hearing by the Board of Appeals

6-11.08    Procedure: No Appeal

6-11.09    Appeal Procedure, Action by City Council, Appeal on Nuisance Hearing

6-11.10    Service of Order to Abate

6-11.11    City Abatement

6-11.12    Cost Accounting Notification

6-11.13    Assessment Lien

6-11.14    Alternative Actions Available

6-11.15    Violations

6-11.01 Unlawful Property Nuisances.

It shall be unlawful for any person owning, leasing, occupying, or having control or possession of any real property in the City to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by this Code:

(a)    Buildings and other structures that are found not in compliance with the Building Code of the City, as set forth in Chapter 1 of Title 8 of this Code;

(b)    Buildings and other structures that are found not in compliance with either the Residential Code of the City or Abatement of Dangerous Buildings Code of the City, both of which are contained in Chapters 4 and 11 respectively of Title 8 of this Code;

(c)    Unpainted buildings and those having dry rot, warping, or termite infestation. Any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation, as to render the building unsightly and in a state of disrepair;

(d)    Accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks of buildings;

(e)    Lumber, junk, trash, debris, or salvage materials visible from a public street, alley, or adjoining property;

(f)    Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery, hazardous pools, ponds and excavations;

(g)    Vehicles parked in required front yard setbacks in a residential district, except when such vehicles are parked on a drive approach to a required garage or on a permitted off street parking space;

(h)    Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property;

(i)    Any property utilized for commercial or industrial purposes with pooled oil accumulation, oil flowing onto public rights of way, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences;

(j)    Any failure to acquire or properly maintain garbage service in the manner required by Chapter 4 of Title 6 of this Code;

(k)    Any failure to permit any building, structure, or place to exist or be used that is not rodent free or rodentproofed, and any failure to maintain such buildings, structures or places in a rodentproof condition, all as required in Chapter 7 of Title 6 of this Code;

(l)    Accumulation of weeds or refuse on property that is a violation of Chapter 10 of Title 6 of this Code;

(m)    Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such condition as to constitute a public nuisance, as defined in Civil Code Section 3480;

(n)    Any unauthorized inscription, writing, defacing, marring, drawing, scratching, painting, or affixing of markings, words, symbols, or designs on any component of any public or private property, including, but not limited to, building structure, facility, wall, fence, sign, retaining wall, driveway, walkway, sidewalk and/or curb.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988; as amended by Sec. 2, Ord. 94-009, eff. June 16, 1994; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017)

6-11.02 “Owner” defined.

The terms “owner” and “property owner,” as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.03 Declaration of Public Nuisances.

All property found to be maintained in violation of Section 6-11.01 is hereby declared to be a public nuisance and shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth herein 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, including the applicable provisions of the Housing Code or Building Code of the City.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.04 Hearing to Abate Nuisance.

In the event said owner shall fail, neglect, or refuse to comply with the notice to correct such violation within the time allotted, the City Planning Commission, serving as the Board of Appeals, shall conduct a hearing to ascertain whether said violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Notice of said hearing shall be served upon the owner in accordance with the provisions of Section 6-11.05.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.05 Notification of Nuisance.

Whenever the Director of Public Works, or such other City Official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of Section 6-11.01, he shall give written notice to the owner of said property stating the sections being violated. Such notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with the provisions of Section 6-11.06.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.06 Notice of Hearing.

Notice of the hearing shall be served upon the property owner not less than fourteen (14) days before the time fixed for said hearing. Notice of said hearing shall be substantially in the format set below and shall be served personally upon or mailed by certified mail to the property owner as such owner’s name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time such notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the Board of Appeals to ascertain whether certain property situated in the City of Emeryville, State of California, known and designated as ______________, Emeryville, California, and more particularly described as ____________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings or structures situated thereon. If said property, in whole or in part, is found to constitute a public nuisance as defined in Municipal Code Section 6-11.01 and if the same is not properly abated by the owner, such nuisance may be abated by municipal authorities in which case the cost of such rehabilitation, repair, or demolition will be assessed upon the above named property and such costs will constitute a lien upon such property until paid.

Said alleged conditions constituting a public nuisance consist of the following: _________. The methods of abatement available are: ___________. All persons having an interest in said matters may attend the hearing on abatement, when their testimony and evidence will be heard and given due consideration.

DATED this ____ day of _______, 19___.

__________________________

DIRECTOR OF PUBLIC WORKS

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.07 Hearing by the Board of Appeals.

At the time stated in the notice, the Board of Appeals shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from owners, witnesses, City personnel and interested persons that concern such alleged public nuisance and the proposed rehabilitation, repair or demolition of such property. Said hearing may be continued from time to time.

If the Board of Appeals finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Board of Appeals shall prepare a report of such findings and recommendations with respect to the abatement. A copy of such report shall be served on all the owners of the subject property in accordance with the provisions of Section 6-11.06.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.08 Procedure: No Appeal.

In the absence of any appeal, the Board of Appeals may without further hearing declare such property to be a public nuisance and order the abatement of the same within thirty (30) days, by having such property, building, or structures rehabilitated, repaired, or demolished in the manner and means specifically set forth in the Board of Appeals’ report.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.09 Appeal Procedure, Action by City Council, Appeal on Nuisance Hearing.

The owner of the property may appeal from the decisions of the Board of Appeals by filing at the office of the City Clerk within seven (7) days from the date of service of such decision, a written, dated appeal containing:

(a)    A specific identification of the property which is the subject of the nuisance abatement proceeding.

(b)    A caption reading: “Appeal of ______,” giving the name of all appellants participating in the appeal.

(c)    A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(d)    A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.

(e)    The signatures of all parties named as appellants, and their official mailing addresses.

(f)    The verification of at least one (1) appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall not be less than seven (7) days nor more than fifteen (15) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least five (5) days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council’s own motion.

Upon the conclusion of the hearing on such appeal, the City Council shall by resolution either:

(1)    Terminate the proceeding;

(2)    Confirm the action and decision of the Board of Appeals; or

(3)    Modify such decision based upon evidence adduced at said hearing.

In the cases of alternative 2 or 3, the resolution shall declare such property to be a public nuisance and order the abatement of the same within thirty (30) days by having such property, buildings, or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in said resolution.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.10 Service of Order to Abate.

A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 6-11.06 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such property rehabilitated or to have such buildings or structures demolished or repaired in accordance with said resolution and at his own expense provided the same is commenced prior to the expiration of said thirty (30) day abatement period and thereafter diligently and continuously prosecuted to completion. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.11 City Abatement.

If such nuisance is not completely abated as directed by the City within said abatement period, then the City Council may direct the Director of Public Works or his duly authorized representative to cause the same to be abated by City forces or private contract and the Director of Public Works or his duly authorized representative is expressly authorized to enter upon said property for such purposes.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.12 Cost Accounting Notification.

The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council by showing the cost of abatement and the rehabilitating, demolishing or repairing of said property, buildings, or structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in preparation of notices, specifications, and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.13 Assessment Lien.

The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a copy may be turned over to the tax collector for the City whereupon it shall be the duty of said tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes. Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN
(Claim of the City of Emeryville)

Pursuant to the authority vested by the provisions of Section 6-11.11 of the Emeryville Municipal Code, the Director of Public Works of the City of Emeryville did on or about the _____ day of ______, 20 ___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Emeryville did on the ___ day of _______, 20____, assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Emeryville does hereby claim a lien for such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ ______ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Emeryville, County of Alameda, State of California, and particularly described as follows:

[description]

Dated this ____ day of ______, 20___.

____________________________

DIRECTOR OF PUBLIC WORKS

CITY OF EMERYVILLE

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)

6-11.14 Alternative Actions Available.

Nothing in this chapter shall be deemed to prevent the Council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

(Sec. 2, Ord. 88-01 eff. Feb. 4, 1988)

6-11.15 Violations.

The owner or other person having charge or control of any such buildings or property who maintains any public nuisance defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor, provided, the City may, in the discretion of the enforcing officer, charge such violation as an infraction.

Any person who removes any notice or other posted as required in this chapter is guilty of a misdemeanor.

No person shall obstruct, impede or interfere with any representative of the City department or with any person who owns or holds any estate or interest in the building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code whenever any such representative of the City, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988; Sec. 2, Ord. 06-005, eff. May 18, 2006)