CHAPTER 2.
DANGEROUS AND INSANITARY CONDITIONS

Sections:

6-2.01    Expectorating

6-2.02    Littering and Accumulations: Public Places

6-2.03    Littering and Accumulations: Parks and Schools

6-2.04    Accumulations: Private Premises

6-2.05    Private Premises: Maintenance

6-2.06    Private Premises: Yards: Maintenance

6-2.07    Vacation of Premises: Notices

6-2.08    Abatement: Authority

6-2.09    Abatement or Repair: Procedure

6-2.10    Abatement or Repair: Expenses

6-2.11    Abatement or Repair: Expenses: Liens

6-2.01 Expectorating.

It shall be unlawful for any person to spit or expectorate upon the floor or steps of any public car or conveyance or any public building or upon any sidewalk or crosswalk.

(Sec. 11.13, E.T.C., as added by Sec. 2, Ord. 509)

6-2.02 Littering and Accumulations: Public Places.

It shall be unlawful for any person to throw into or onto, deposit, or permit deposits to accumulate and remain upon, any way, square, park, sidewalk, street, vacant lot, yard, or railroad right-of-way any paper, garbage, filth, glass, rubbish, or other waste material which, by its presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. It shall be unlawful for any person to sweep into or deposit in any roadway, gutter, culvert, or storm sewer inlet any such material moved from any adjacent sidewalk, garden, yard, or building.

(Sec. 11.11, E.T.C., as added by Sec. 2, Ord. 509)

6-2.03. Littering and Accumulations: Parks and Schools.

It shall be unlawful for any person, except in proper receptacles where so provided by the City, to place, deposit, dump, or leave, or cause to be placed, deposited, dumped, or left, in or upon the grounds of any park or school, or the waters of any fountain, pond, lake, stream, or other body of water in any park or school, any garbage, swill, can, bottle, paper, refuse, trash, or rubbish. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park or school by the person responsible for its presence and properly disposed of elsewhere.

It shall be unlawful for any person to bring in, place, deposit, dump, or leave, or cause to be brought in, placed, deposited, dumped, or left, in or upon the grounds of any park or school, or the waters of any fountain, pond, lake, stream, or other body of water in any park or school, any carcass of any dead animal or any noisome, nauseous, or offensive matter.

(Secs. 11.19 and 11.20, E.T.C., as added by Sec. 2, Ord. 509)

6-2.04 Accumulations: Private Premises.

It shall be unlawful for any person having the possession or control of any real property to cause, permit, or allow any stagnant water, dangerous or insanitary condition, or obnoxious or offensive substance to stand, remain, or exist on such real property.

(Sec. 11.12, E.T.C., as added by Sec. 2, Ord. 509)

6-2.05 Private Premises: Maintenance.

Every person or business owning, occupying, or controlling any premises shall maintain such premises in a clean and sanitary condition and free from any dangerous or insanitary condition, accumulation of garbage, rubbish, filth, decayed matter, offal of any kind, or any offensive or ill-smelling matter which may be objectionable or unreasonably pollute the air, encourage the harborage of rodents and insects, constitute a fire hazard, or result in such unsightliness of the premises so as to result in the depreciation of the enjoyment or value of adjoining property.

(Sec. 11.16, E.T.C., as added by Sec. 2, Ord. 509)

6-2.06 Private Premises: Yards: Maintenance.

Every person or business owning, occupying, or controlling any premises shall keep and maintain the yards thereof in an orderly, neat, and clean condition and free from the storage or accumulation of any clutter, rubbish, garbage, equipment, or building materials or products; provided, however, equipment, building materials, and other products may be stored for business purposed upon business premises provided such premises are neatly fenced, with locked gates, to prevent injuries to persons or property.

(Sec. 11.17, E.T.C., as added by Sec. 2, Ord. 509)

6-2.07 Vacation of Premises: Notices.

Whenever it shall be certified to the Council by the Health Officer that any building, or part thereof, is unfit for human habitation by reason of its being in such a condition to likely cause injury, sickness, or disease among its occupants, the Council may issue an order requiring all persons therein to vacate such building, or the objectionable part thereof, and shall cause a copy of such order to be affixed conspicuously upon the front of such building. The Council shall also cause a copy of such order to be served personally, or by mail if personal service cannot be made, upon the owner, agent, or lessee of such building. Such order shall state the reasons for requiring the infected building, or portions thereof, to be vacated and shall require that such premises be vacated within ten (10) days after affixing such order thereon; provided, however, if, in the opinion of the Health Officer, the public health and safety shall require such premises to be vacated sooner than said ten (10) days, the Council may require, and such order shall provide for, the vacating of such premises within a shorter time than ten (10) days, in no case, however, to be less than twenty-four (24) hours after the time of affixing a copy of the order on the premises.

(Sec. 11.14, E.T.C., as added by Sec. 2, Ord. 509)

6-2.08 Abatement: Authority.

Every dangerous or insanitary condition which may exist upon any premises in the City may be abated by the Health Officer or any other authorized City official in the manner provided in this chapter.

(Sec. 11.15, E.T.C., as added by Sec. 2, Ord. 509)

6-2.09 Abatement or Repair: Procedure.

The following procedure shall be used by the official charged with the duty to abate or repair any dangerous or insanitary condition pursuant to the provisions of this chapter:

(a)    Complaints: Filing. A written complaint may be filed with the Council setting forth the facts showing that a dangerous or insanitary condition exists or that there has been a failure to repair a dangerous condition upon any premises, real estate, or right-of-way in the City. Upon the receipt of such complaint the Council, forthwith by resolution, shall fix a time and place for a public hearing on such complaint.

(b)    Complaints: Hearings: Notices. The official presenting the complaint shall cause a copy of such resolution and complaint to be served upon the person in possession of such premises, or upon the owner thereof, not less than five (5) days prior to the time fixed for such hearing. Such service may be by delivery of a copy of such resolution and complaint to the owner or occupant personally or by enclosing a copy of such resolution and complaint in a sealed envelope, postage prepaid, addressed to the occupant as the same appears on the last equalized assessment roll, and depositing a copy of such resolution and complaint in the United States mail. Service shall be deemed completed at the time of the deposit in the United States mail.

(c)    Complaints: Hearings. Upon the date and at the place and hour fixed for the hearing on such complaint, the Council shall hear such evidence as may be presented by any interested party. Such hearing may be continued from time to time by the Council.

(d)    Complaints: Decisions. Upon the completion of such hearing the Council shall either dismiss the complaint or shall direct that the dangerous or insanitary condition shall be abated or that the required repairs shall be made.

(e)    Complaints: Decisions: Notices. The official shall forthwith give written notice, in the manner set forth in subsection (b) of this section, to the owner or occupant of such premises, real estate, or right-of-way to abate such condition or make such repairs forthwith, as the case may be.

(f)    Decisions: Failure to Comply: Abatement or Repair by Official or City. If such abatement or such repairs are not commenced within five (5) days thereafter and diligently prosecuted to completion, the respective official shall cause the condition to be abated or repairs to be made, as the case may be.

(Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)

6-2.10 Abatement or Repair: Expenses.

(a)    Assessments. The expenses incurred by the respective official or of any department of the City in the abatement of any dangerous or insanitary condition or the expense and costs incurred in the making of repairs of a dangerous and defective condition shall be assessed against the real property upon which the premises was located or repairs were made.

(b)    Assessments: Notices. The official shall give the owner or occupant of such premises, real estate, or right-of-way a written notice in the manner set forth in subsection (b) of Section 6-2.09 of this chapter. Such notice shall show the itemized costs of such abatement or repairs, as the case may be, and request the payment thereof.

(c)    Assessments: Failure to Remit. If the amount of such expenses shown in such notice is not paid to the respective official within five (5) days after such notice, the official shall record a notice of lien in the office of the County Recorder.

(Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)

6-2.11 Abatement or Repair: Expenses: Liens.

(a)    Notices: Form. The notice of lien required to be recorded by the provisions of Section 6-2.10 of this chapter shall be substantially in the following form:

Notice of Lien

Pursuant to authority vested in me by Resolution No. ___ of the City Council of the City of Emeryville, passed on the ___ day of ____, 20___, I did, on the ____ day of ___, 20__, cause a dangerous (insanitary) condition located upon the hereinafter described real property to be abated, at the expense of the owner thereof, in the amount of $_____ (or I did, on the ____ day of _____, 20__, cause certain repairs of a dangerous and defective condition existing upon the hereinafter described premises, real property, or right-of-way, at the expense of the owner thereof, in the amount of $ ____ ) and that said amount has not been paid, nor any part thereof, and the City of Emeryville does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum, with interest thereon at the rate of six percent (6%) per annum from the date of the recordation of this lien in the office of the County Recorder of the County of Alameda, State of California, has been paid in full. 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, to wit:

(Insert description of property)

Dated this ____ day of ______, 20___.

________________

(Signature and Title)

City of Emeryville

(b)    Effect. The amount set forth in the notice of lien shall be a lien against the property described therein until the amount thereof, plus accrued interest, has been paid in full.

(c)    Interest. The amount of such lien shall draw interest at the rate of six percent (6%) per year after the date of the recordation of such lien in the office of the County Recorder.

(d)    Enforcement. The statute of limitations shall not run against the right of the City to enforce the payment of such lien.

(Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)