Sections:
ARTICLE I. DEFINITIONS
8.24.010 Definitions.
ARTICLE II. NUISANCES
8.24.020 Unlawful property nuisance – Private property.
8.24.025 Unlawful property nuisance – Garage sales.
8.24.030 Unlawful property nuisance – Public property.
8.24.035 Unlawful property nuisance – Vehicles.
8.24.040 Declaration of public nuisance.
ARTICLE III. ABATEMENT PROCEDURE
8.24.050 Notification of nuisance.
8.24.070 Hearing body.
8.24.080 Appeal of notice and order.
8.24.090 Staying of order under appeal.
8.24.095 Order to show cause hearing.
8.24.100 Hearing procedure.
8.24.110 Action by appeals board.
8.24.120 Abatement by city.
8.24.130 Limitation of filing - judicial action.
ARTICLE IV. COST RECOVERY PROCEDURES
8.24.140 Recovery of costs.
8.24.150 Definition of costs.
8.24.160 Cost accounting and recovery required.
8.24.170 Collection of charges.
8.24.180 Notice and hearing; report of costs.
8.24.185 Protests and objections.
8.24.190 Payment of abatement costs.
8.24.195 Special assessment or nuisance abatement lien.
8.24.200 Accrual of interest on city liens and assessments findings.
8.24.210 Accrual of interest on liens and assessments.
8.24.220 Cost of abatement a personal obligation
ARTICLE V. MISCELLANEOUS
8.24.230 Alternative actions available.
8.24.240 Interference with work prohibited.
8.24.250 Approval of City Attorney.
8.24.260 Citation procedure – Authority – Misdemeanor.
8.24.270 Right of entry.
8.24.280 Citations.
8.24.290 Hearing – Reinspection.
8.24.295 Recordation.
ARTICLE VI. GRAFFITI
8.24.300 Declared nuisance.
8.24.310 Abatement.
8.24.320 Graffiti prohibited.
8.24.330 Council to determine costs.
8.24.340 Authority to remove.
8.24.350 Graffiti removal.
8.24.360 Prior consent for removal.
8.24.370 Notice of intention to abate and remove graffiti; form.
8.24.380 Treble damages.
ARTICLE VII. RECOVERY OF ATTORNEYS' FEES AND TREBLE DAMAGES IN NUISANCE ABATEMENT ACTIONS
8.24.390 Recovery of attorney fees for nuisance abatement actions or proceedings.
8.24.400 Recovery of treble damages upon second or subsequent judgment finding property owner responsible for nuisance conditions.
As used in this chapter:
A. ABATE. To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in his or her judgement determines is necessary in the interest of the general health, safety and welfare of the community.
B. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
C. CITY MANAGER. The
City Manager
and his/her designees.
D. INOPERATIVE VEHICLE. A vehicle in such condition that it either physically or legally cannot be driven upon a street without:
1. Installation of a missing part;
2. Replacement of a defective part; or
3. Registration and licensing.
E. JUNK. Any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material.
F. MAJOR REPAIRS. Pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair and painting, dismantling, and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair.
G. MINOR REPAIRS. Routine maintenance such as changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair.
H. OWNER. Any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.
I. PERSON. Any individual, partnership, corporation, association or other organization, however formed.
J. PROPERTY. All real property, including, but not limited to, the entire premises, parking lots, sidewalks, gutter, driveways, walkways and shall include any building and structure located on such property.
K. REGISTERED/REGISTRATION. a current valid California Registration for a vehicle conforming to California Vehicle Code Sections 4000 or 9840 et seq. for boats.
L. RIGHT-OF-WAY. All or any part of a pedestrian, equestrian or bicycle trail, sidewalk, road, alley, street or highway, used by the general public.
M. STREET. The full width or the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the city system of streets, including streets forming a part of the state highway system. “Street” also includes easements where the city is the grantee of the easement and property owned by the city of Pinole or the redevelopment agency of the city of Pinole.
N. VEHICLE. Unless separately defined, a device by which any person or property may be propelled, moved or drawn upon a highway, road, body of water or in the air, and for purposes of this chapter shall include, but not be limited to, automobiles, recreational vehicles, campers, boats, motorcycles, trailers, mopeds, watercraft and aircraft. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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