SEC. 7-151. NUISANCES; GENERAL.

   Any person or entity owning, leasing, occupying, or having charge or possession of any real property maintained in such manner that any of the following conditions are found to exist thereon shall be guilty of creating a nuisance in violation of this code.

   (A)   Buildings or structures that are abandoned, partially destroyed, or left in an unreasonable state of partial construction, such as any unfinished building or structure that has been in the course of construction two years or more, and the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the surrounding property or reduces property values of the surrounding property;

   (B)   Unpainted buildings or structures; buildings or structures having dry rot, warping, or termite infestation; or buildings or structures on which the condition of the paint or other exterior weather protection has become so deteriorated as to show excessive checking, cracking, peeling, chalking, or as to render the building or structure unsightly and in a state of disrepair;

   (C)   Buildings or structures with broken windows constituting hazardous conditions or inviting trespassers or malicious mischief;

   (D)   Buildings or structures with exteriors, walls, roofs, fences, driveways, sidewalks, or walkways that are in such a condition as to be defective, unsightly, or in such a condition of deterioration or disrepair as to cause depreciation of the values of surrounding property or as to be materially detrimental to surrounding property;

   (E)   The storage or accumulation of lumber, junk, trash, salvage materials or debris visible from a public street, public alley, or adjoining public or private property; (For the purpose of this subsection, the term “debris” shall include unused or discarded matter and material having no substantial market value, including (without limitation or exclusion by enumeration) such matter and material as: rubbish, refuse, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, abandoned, wrecked, dismantled or inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.)

   (F)   Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment that is visible from a public street, public alley, or adjoining public or private property;

   (G)   Construction equipment or machinery that is visible from a public street, public alley, or adjoining public or private property, except wile city-authorized and permitted excavation, construction, or demolition operations are in progress on the subject property or an adjoining property;

   (H)   Property maintained so out of harmony or conformity with the standards of surrounding property as to cause substantial diminution of the enjoyment, use, or values of such surrounding property;

   (I)   Dead, decayed, diseased, or hazardous trees, weeds, or overgrown vegetation, cultivated or uncultivated, that are likely to harbor rats or vermin, constitute a fire hazard, or constitute an unsightly appearance that is detrimental to surrounding property values;

   (J)   Materials or items of any nature on a rooftop that are visible from a public street, public alley, or adjoining public or private property, except if permitted by code for location on such rooftop;

   (K)   Any condition that violates any use permit approved by the planning commission or city council that relates to the appearance or maintenance of real property;

   (L)   Use of a trailer or camper for living or sleeping purposes, except in a licensed mobile home park;

   (M)   Use of a boat for living or sleeping purposes, except on a waterway;

   (N)   Any off-street parking facility that is not maintained as required at the time of the original construction or development, unless subsequently modified by permit;

   (O)   Any property containing a motor vehicle that has not been registered for operation on a public highway within the preceding six months, unless such vehicle is fully enclosed within a building or structure and is not visible from a public street, public alley, or adjoining public or private property. This section shall not apply to any commercial business or operation that has received all city approvals, licenses, and permits to conduct motor vehicle sales, repairs, assembly/disassembly, or storage of such vehicles and is operating in compliance with all the conditions of such approvals, licenses, or permits;

   (P)   Property maintained in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code, Section 3480.

(`64 Code, Sec. 19-62.2) (Ord. No. 2331)

SEC. 7-152. ATTRACTIVE NUISANCES.

   Any person or entity creating or maintaining an attractive nuisance shall be in violation of this code. An attractive nuisance includes all objects or things which would be classified as an attractive nuisance under common law, statute, or case law, plus the following:

   (A)   Unprotected pools, ponds, or refrigerators, freezers, or other airtight containers not properly secured against entry. For the purpose of this subsection, the terms “pool” or “pond” shall include any exterior improvement or excavation that contains water to a depth of 18 inches or more.

   (B)   Fences or walls that violate zoning regulations regarding height, or that are in a hazardous condition, or that are in disrepair, or that hinder free access to public sidewalks.

   (C)   Unpaved or deteriorated parking lots containing uneven surfaces or drainage problems that are hazardous to the public.

(`64 Code, Sec. 19-62.3) (Ord. No. 2331)

SEC. 7-153. APPEAL OFFICER.

   For the purposes of this article, the city council hereby creates the office of appeal officer. The appeal officer shall be designated by the city manager.

(`64 Code, Sec. 19-62.4) (Ord. No. 2331)

SEC. 7-154. NOTICE TO ABATE; VOLUNTARY ABATEMENT; APPEAL.

   (A)   Whenever a code enforcement officer, city inspector, or police officer finds that a nuisance or attractive nuisance exists on a particular property in accordance with section 7-151 or section 7-152, above, then such city official shall either:

      (1)   Deliver to the owner, lessor, occupant, or person in charge or possession of the property a written notice to abate the nuisance or attractive nuisance; or

      (2)   Mail, by regular mail, a written notice to abate the nuisance or attractive nuisance to the owner, as listed on the last equalized assessment roll for such property, and post a copy of the written notice to abate the nuisance or attractive nuisance on the property in a conspicuous place.

   (B)   Any person notified to abate a nuisance or attractive nuisance pursuant to subsection (A) above, shall either:

      (1)   Abate the nuisance or attractive nuisance within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting such notice, whichever is later; or

      (2)   Within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting such notice, whichever is later, file an appeal that:

         (a)   Disputes the notice to abate the nuisance or attractive nuisance; or

         (b)   Contends that to abate the nuisance or attractive nuisance within the time set forth in subsection (B)(1) above, is impossible or impractical.

(`64 Code, Sec. 19-62.5) (Ord. No. 2331, 2379)

SEC. 7-155. APPEAL PROCEDURE.

   (A)   A written appeal shall be filed with the city clerk not later than ten days after delivery of the notice to abate, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting the notice, whichever is later. Such appeal shall set forth the following information:

      (1)   The street address or assessor's parcel number of the property in question;

      (2)   The specific facts that justify the appellant's contentions; and

      (3)   The appellant's name, an address to send all notices, and a daytime telephone number to contact appellant or leave messages for appellant.

   (B)   The appeal officer shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five days after receipt of the appeal by the city clerk.

   (C)   The appeal officer shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.

   (D)   The appeal officer shall make written findings of facts and conclusions of law, and render a decision as to whether or not the property constitutes a nuisance or attractive nuisance and, if so, when such condition must be abated.

   (E)   All decisions by the appeal officer shall be final decisions of the administrative power of the city.

(`64 Code, Sec. 19-62.6) (Ord. No. 2331, 2379)

SEC. 7-156. ABATEMENT BY CITY.

   If the nuisance or attractive nuisance is not abated within the time specified in the notice to abate the nuisance or attractive nuisance or within ten days from the date of the denial of any appeal, the city manager shall abate the nuisance.

(Ord. No. 2768)

SEC. 7-157. ABATEMENT AND RELATED ADMINISTRATIVE COSTS INCURRED BY CITY.

   The costs of abatement incurred by the city of a nuisance or attractive nuisance and related administrative costs shall be paid by the property owner and shall be collectible by the city as a civil debt.

(Ord. No. 2768)