Chapter 8.38
MAINTENANCE OF PRIVATELY OWNED PROPERTIES VISIBLE FROM PUBLIC PROPERTY
Sections:
8.38.030 Prohibited activity—Declaration of nuisance.
8.38.070 Enforcement procedures—Notice to correct.
8.38.010 Scope and purpose.
A. The provisions of this chapter are intended to operate in conjunction with the provisions of Chapter 8.37 of he Folsom Municipal Code pertaining to the abatement of weeds, refuse and abandoned materials. The remedies contained in this chapter are not exclusive, and all remedies available for violations of the Folsom Municipal Code, including but not limited to the abatement remedies contained in Chapter 8.37, shall be available as remedies for violations of the provisions of this chapter.
B. The purpose of this chapter is to provide standards for maintenance of privately owned properties and buildings that are visible from public property, public streets and/or public rights-of-way. (Ord. 906 § 2 (part), 1999)
8.38.020 Definitions.
“Building” means any structure, and includes any house, garage, duplex, apartment, condominium, stock cooperative or other structure, whether partially or wholly constructed, whether intended for residential, recreational, retail, industrial, or commercial purposes, and whether intended for permanent or temporary use.
“Enforcement authority” means the code enforcement officer or his/her designee.
“Property” means all property located within the city.
“Public property” means any public street, roadway, place, alley, sidewalk, park, parkway, square, plaza, easement, right-of-way, or an other interest in land dedicated to public use.
“Responsible person” has the meaning set forth in Section 1.08.020(L) of the Folsom Municipal Code, and expressly includes any person having legal title to, or custody, possession or control of the building or property that violates the provisions of this chapter. (Ord. 906 § 2 (part), 1999)
8.38.030 Prohibited activity—Declaration of nuisance.
A. No responsible person shall create, cause, or allow any of the following conditions to exist on or adjacent to privately owned properties or buildings when such conditions are visible from public property;
1. The accumulation of broken or discarded furniture; household fixtures, equipment or furnishings; garbage receptacles; or shopping or laundry carts;
2. The overgrowth of vegetation in a manner that is likely to harbor rodents, vermin, insects, or other nuisances; or which obstructs the view of drivers on streets, public rights-of-way or private driveways; or which impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walkways or other public rights-of-way;
3. The presence of dead, decayed or diseased trees, weeds, or other vegetation that creates an unsightly appearance, or creates a danger to the public health, safety or general welfare;
4. The accumulation of packing boxes, cardboard boxes, lumber, junk, trash, barrels, drums, salvage materials or other debris;
5. The creation of attractive nuisances that create a danger to children and other persons, including but not limited to abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, construction materials and/or equipment, hazardous pools, ponds and excavations;
6. The storage of personal property, including but not limited to vehicles, boats, trailers or vehicle parts which are abandoned or left in a state of partial repair;
7. The presence of unpainted buildings and/or buildings having dry rot, warping, or termite infestation, which shall include, but is not limited to 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 so as to render the building unsafe or unsightly, or in a state of disrepair;
8. The presence of buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, and which constitutes a hazard and/or invites trespassers and malicious mischief;
9. The presence of building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such a condition as to become dangerous, defective or unsightly;
10. The storage of construction equipment, farm machinery, or machinery of any type or description parked or stored in such a manner that it is visible from public property, the street and/or the public right of way, unless such equipment or machinery falls within one of the following exceptions:
a. An active building permit has been issued and covers the excavation, construction or demolition operations that are in progress,
b. Active farming operations are underway in an area properly zoned for agricultural use, or
c. When such machinery is located within an area zoned agricultural or industrial and such equipment has been appropriately stored;
11. The existence of property which lacks landscaping, turf, ground cover, plant material, rocks or other commonly used landscaping materials and which creates a condition of excessive dust, weeds or other conditions that affect the public health, safety or general welfare;
12. The keeping, storing, depositing, or accumulating of dirt, sand, gravel, concrete, or other landscaping materials in a manner that creates conditions that affect the public health, safety or general welfare; and
13. The maintenance of property or buildings in a manner that violates (a) conditions of approval that have been imposed on the property during the process of approval of the development, or (b) conditions imposed on a building permit, use permit, or other entitlement issued by the city.
B. Any violation of any provision of this chapter is declared to be a public nuisance, subject to redress as provided for in this chapter and in Chapter 1.08 to 1.10, inclusive, of the Folsom Municipal Code. (Ord. 906 § 2 (part), 1999)
8.38.040 Evidence of harm to the public health, safety or general welfare—Effect of recorded conditions, covenants or restrictions.
A. In reviewing a condition on a property or building to determine whether there is a violation of this chapter, the code enforcement officer may consider any recorded conditions, covenants and restrictions that are applicable to the property or building. Any violation of a recorded condition, covenant or restriction shall constitute relevant evidence for the enforcement authority to consider in determining whether to commence enforcement action, but shall not serve as the sole basis for the decision to commence enforcement action.
B. Nothing in this section shall be interpreted to require the code enforcement officer to enforce the terms of recorded conditions, covenants, or restrictions unless the enforcement authority determines that:
1. The condition is within view of public property;
2. The condition creates a threat of harm to the public health, safety or general welfare;
3. The criteria for enforcement established in Section 1.09.022 of the Folsom Municipal Code have been satisfied; and
4. The enforcement authority has determined that the condition constitutes a violation of some provision of this chapter or other provisions of the Folsom Municipal Code.
C. The absence of a recorded condition, covenant or restriction shall not be deemed evidence that a particular condition on property or on a building does not constitute a violation of this chapter. (Ord. 906 § 2 (part), 1999)
8.38.050 Enforcement.
A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 to 1.10, inclusive, of Title 1 of the Folsom Municipal Code.
B. The code enforcement officer shall enforce the provisions of this chapter. (Ord. 906 § 2 (part), 1999)
8.38.060 Penalties.
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020 of Chapter 1.08, Title 1 of the Folsom Municipal Code.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 of Chapter 1.09, Title 1 of the Folsom Municipal Code shall be available for enforcement of the provisions of this chapter.
C. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014 of Chapter 1.09, Title 1 of the Folsom Municipal Code, a violation of this chapter shall be deemed a Level C violation, as that term is described in Section 1.09.012 of Chapter 1.09, Title 1 of the Folsom Municipal Code. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012C. (Ord. 906 § 2 (part), 1999)
8.38.070 Enforcement procedures—Notice to correct.
A. Prior to the suspension, revocation, or denial of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Sections 1.09.020 to 1.09.048, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code. The rights to judicial review set forth in Sections 1.09.050 to 1.09.059, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code shall apply:
B. A notice to correct shall be served in accordance with the provisions of Section 1.09.023 of Chapter 1.09, Title 1 of the Folsom Municipal Code. Unless an emergency situation exists that creates an imminent threat of harm to person or property and requires immediate corrective action, the time to correct any violation of a provision of this chapter shall be governed by the provisions of Section 1.09.023. The notice to correct shall identify the nature of the violation, and shall set forth in specific detail the basis for the determination by the enforcement authority that the violation endangers the public health, safety or general welfare.
C. At the time of service of either the notice to correct or the notice of administrative violation, or at anytime thereafter, the enforcement authority may also serve a notice to abate a nuisance pursuant to Section 1.10.020. The notice to abate shall constitute the notification that if the required corrective action is not taken by the date specified, the materials described therein may be removed under authority of the city and that the costs of such removal and abatement shall be made a legal charge against the owner(s) of the property, a lien on the property, and subject to collection with property taxes as provided for in Chapter 1.10. The notice to abate is subject to appeal as set forth in Section 1.10.020 and the rights to appeal shall be specifically set forth in the notice. (Ord. 906 § 2 (part), 1999)
8.38.080 Abatement liens.
The costs of abatement, administrative fees and any administrative penalties assessed or imposed pursuant to this chapter shall be declared a lien against the property pursuant to the procedures set forth in Section 1.10.020 of the Folsom Municipal Code. The abatement lien shall include those costs set forth in Section 1.10.020(D)(4). The abatement liens shall be recorded pursuant to the procedures set forth in Section 1.10.020D. (Ord. 906 § 2 (part), 1999)