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It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any private property in the city to use, maintain or allow to be maintained such property for any purposes so as to create any of the following conditions on adjacent or contiguous public property, except as may be allowed by this code:
A. Outdoor Storage, Operations or Encroachment:
1. The tracking of mud, dirt, sand, gravel, and concrete onto the street or right-of-way,
2. The spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or right-of-way,
3. Vehicles and/or other materials associated with business activity stored on the street or in the right-of-way;
B. Miscellaneous: Any other condition or use of property which gives rise to a reasonable determination that the effect of the use or condition on adjacent public property represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Findings.
1. The City Council finds that the parking and storage of vehicles in residential areas may pose a health and safety hazard when such vehicles reduce driver visibility, create visual clutter, undermine the residential character of neighborhoods, and require extended drive times due to the elimination of convenient street parking.
2. The City Council finds that the use of vehicles for human habitation in the city has created, and continues to create, issues of blight, crime, health and sanitation, including the disposal of noxious and harmful matter on city streets and parking areas open to the public, and similar nuisance conditions.
3. The regulations established by this section create reasonable restrictions that promote the city’s compelling interest in protecting the public safety to the extent authorized by the California Vehicle Code.
B. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. COMMERCIAL VEHICLE. Unless separately defined in this section, shall have the same meaning as Section 260 of the California Vehicle Code. A vehicle not defined as a COMMERCIAL VEHICLE may be considered an “oversized vehicle” for purposes of this section.
2. OVERSIZED MOTOR VEHICLE. Any house car, pickup truck with cab-over- camper, recreational vehicle, school bus, semi-truck without trailer, or other vehicle that measures more than fifteen feet in length OR is more than eighty-four inches in width, OR more than eighty-four inches in height. The term OVERSIZED VEHICLE does not include a pickup truck without a cab-over-camper or sports utility vehicle.
3. NON-MOTORIZED VEHICLE. Any trailer or any other device that is not self- propelled. For the purposes of this Chapter, non-motorized vehicle shall also include a vessel or a trailer holding one or more vessels, as the term vessel is defined in this chapter.
4. MOTOR VEHICLE. A passenger vehicle, pickup truck without a cab-over- camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a house car as defined in Section 362 of the California Vehicle Code.
5. RESIDENTIAL DISTRICT. Any area within the city which is zoned primarily for residential uses.
6. VEHICLE. Separately defined in this section, shall have the same meaning as Section 670 of the California Vehicle Code.
7. VESSEL. Every description of watercraft used or capable of being used as a means of transportation on water.
8. RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.
9. MEASUREMENTS. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included.
C. Oversized and non-motorized vehicles. In a residential district, no person shall, at any time, park or leave standing any oversized motor vehicle or non-motorized vehicle on any public street, highway, alley, required front yard, driveway sideyard, or rear yard, except:
1. In residential districts, oversized motor vehicles, or non-motorized vehicles which are attached to a motor vehicle, may be parked on the public right of way within one hundred feet of the owner’s residence for the purposes of loading, unloading, cleaning, battery- charging, or other activity preparatory or incidental to travel for a period of time not to exceed seventy-two (72) consecutive hours.
2. Any oversized motor vehicle, or non-motorized vehicle which is attached to a motor vehicle, that is parked on the public right of way pursuant to either subsections (1) or (2) hereinabove, shall, at the end of the permitted period of time, seventy-two (72) hours, be removed from its location and shall not be parked on any public right of way for the purposes stated hereinabove for a period of at least forty-eight (48) hours.
3. Visitor Parking. A visitor to a resident of a single family or two family dwelling located in a residential district may temporarily park a “oversized motor vehicle” or a “non-motorized vehicle” attached to a motor vehicle on the right of way fronting the dwelling being visited, based on the criteria listed below.
a. The visitor obtains a visitor permit from the code enforcement officer or designee.
b. The vehicle is registered or leased and operated by a person permanently residing more than twenty (20) miles from the visitation site.
c. The vehicle complies with the definition of an “oversized motor vehicle,” or a “non-motorized vehicle” which is attached to a motor vehicle, and is used for recreational housing purposes only.
d. The vehicle shall not be used for habitation and cannot be connected to utility services for the duration of the visit.
e. The vehicle may be parked for a period of time not to exceed a total of seventy-two (72) hours in a thirty(30)-day period.
f. The vehicle must be parked within one hundred (100) feet of the residence to which the person is visiting.
4. The restrictions of this subsection shall not prohibit the parking of one oversized motor vehicle or non-motorized motor vehicle in the driveway or sideyard of a parcel of real property located in a residential district and improved with a single family residence. The vehicle must be parked on a paved surface at all times. If parked in a sideyard, a minimum of two feet of setback must be provided between the vehicle and any lot line.
5. Nothing in this subsection shall prevent an owner of private property from adopting regulations restricting the parking of oversized motor vehicles or non-motorized vehicles on said property.
D. Commercial Vehicles. The parking of commercial vehicles in residential districts shall comply with the following:
1. No person who owns or has possession, custody, or control of a commercial vehicle with a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more, shall park or leave standing any such commercial vehicle for more than two (2) hours on any public street, highway, roadway, alley or thoroughfare in a residential district, except:
a. For such reasonable time in excess of two (2) hours that may be necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure or for the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted street or highway; or
b. For such reasonable time in excess of two (2) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property in which such vehicle is parked; or
c. For such reasonable time in excess of two (2) hours that may be necessary time to make emergency repairs.
d. No regulation adopted in this section shall apply to any vehicle owned by a public utility or licensed contractor while necessarily in use in the construction, installation, or repair of any public utility.
2. No person who owns or has possession, custody or control of any commercial vehicle shall park or leave standing any such commercial vehicle on any residential district street between the hours of two a.m. (2:00 a.m.) and six a.m. (6:00 a.m.)
3. No person may store a commercial vehicle in the front or sideyard of a residence; however, a commercial vehicle may be parked on the side or rear yard of a residence if enclosed behind a fence or enclosure concealing the vehicle from view from the public right of way. Additionally, the vehicle must be parked on a paved surface at all times and with a minimum of two (2) feet of setback provided between the vehicle and any lot line.
4. No person who owns or has possession, custody or control of any commercial vehicle exceeding a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall, park or leave standing any such commercial vehicle on a street or highway which is prohibited to commercial vehicle traffic pursuant to any section of this code.
5. Any person may apply for a commercial vehicle parking exception permit from the code enforcement officer or designee.
E. Intersections. No person who owns or has possession, custody or control of any vehicle or non-motorized vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave standing any such vehicle on a street or highway within forty-five (45) feet of any intersection.
F. State of Emergency. The prohibitions provided in this section shall not apply to the parking of any vehicle during any state of emergency declared to exist within the city by the City Council.
G. Human Habitation. No person shall:
1. Use a vehicle for human habitation on or in any public street, right of way, alley-way, parking area or any other public property, except in a designated public campground, recreational park, or licensed mobile home park.
2. Use a vehicle for human habitation on any private property within the city limits except for a lawfully operated mobile home trailer park, or other licensed private camping facility.
3. “Human habitation” means the use of a vehicle for the purposes of eating, sleeping, resting or recreating for four (4) or more hours.
H. Miscellaneous.
1. No person shall park any vehicle, whether motorized or non-motorized, within any required setback or on any surface, which has not previously been approved for parking purposes pursuant to applicable Building and/or Zoning Code provisions.
2. No person shall park any vehicles, whether motorized or non-motorized, parked parallel to any residence unless the vehicle is parked on a legal circular driveway.
3. No owner of any property zoned industrial or commercial shall fail to:
a. Post adequate notice prohibiting unauthorized vehicle parking on all such properties in accordance with the requirements of the Police and this code.
b. Properly post disabled accessible parking spaces.
4. No person shall park or store any combination of four or more of any type of vehicles, within the driveway or property sideyards, within any residential district.
5. No recreational vehicle shall be attached to municipal services or public utilities, including sewer, water, electrical, or gas.
I. Residential vehicle repair. No person shall perform major repairs or dismantling of any motorized or non-motorized vehicle, boat, or part thereof, in a location visible from the street or right of way for a period of longer than seventy-two (72) hours. This subsection shall not be construed as prohibiting the registered owner of a motorized or non-motorized vehicle or boat, or part thereof, from performing minor repair of said vehicle in the driveway or other paved surface of a residence, provided that the vehicle or boat is registered to someone living in the residence, or his/her immediate family. “Immediate Family” for purposes of this section means spouse, children, grandchildren and parents (including step-child and step-parent). Proof of registration of any vehicle or boat on which minor repairs are occurring shall be provided to any Police Officer or code enforcement officer upon request.
J. Permits. The code enforcement officer or designee shall establish general standards and reasonable fees for any permits provided by this section.
K. Violation. In addition to the remedies provided by this chapter and this code for the abatement of public nuisances, Vehicles found in violation of this section may be cited or removed, or both cited and removed in accordance with the provisions of this code and the California Vehicle Code.
L. Regulations cumulative. The regulations found in this section shall be in addition to any applicable law, ordinance, regulation or provision of this code.
M. Signage. The City Engineer shall erect and maintain suitable signs notifying the public of the provisions of this section. (Ord. 2007-10 § 1, 2007; Ord. 2004-10 § 2(part), 2004)
Any private property, or use of private and/or public property found to be maintained in violation of the foregoing sections is declared to be a public nuisance and shall be abated by rehabilitation, removal, or repair pursuant to the procedures set forth herein. 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. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
When the City Manager has inspected or caused to be inspected any condition on any parcel of land or structure and has found and determined that such condition on such parcel of land or structure is being maintained contrary to one (1) or more of the provisions of this chapter, the City Manager shall commence proceedings to cause the abatement of such condition.
ABATEMENT. May be accomplished by abatement proceedings, citation proceedings or by any other procedures available under state or local law.
The following steps are to be followed in the abatement proceedings process:
A. Step One. The City Manager shall issue a courtesy notice (letter) to the record owner and/or tenant of the parcel of land, containing (1) a description of the conditions on the property constituting a nuisance, and the applicable code section(s) being violated; (2) an explanation of the action(s) required; (3) a time frame not less than fourteen (14) days in which to abate the conditions or establish and present to the City Manager a schedule for abatement; and (4) a scheduled date for reinspection.
B. Step Two.
1. If abated, the City Manager will document findings and close the case, forwarding a letter of appreciation to the owner and/or tenant for his/her cooperation.
2. If not abated, the City Manager may take either or both of the following actions:
a. Commence criminal proceedings for violations of any provisions of this chapter through the citation process; and/or
b. Issue a second letter in the form of a notice and order to the record owner and/or tenant containing:
i. Reference to the first letter,
ii. The street address and a legal description sufficient for identification of the parcel of land and structures thereon,
iii. A statement that the City Manager has found the premises or structures to be a nuisance with a brief and concise description of the conditions found to render the building in violation of the provisions of this code and the applicable code sections being violated,
iv. A statement of the action required to be taken as determined by the City Manager,
v. A time frame not less than fourteen days in which to abate the conditions,
vi. A scheduled date for reinspection,
vii. Statements advising that if the abatement work is not commenced within the time specified, the City Manager may proceed to cause the work to be done and charge the costs thereof against the property or its owner, and that the property or its owner shall also be charged for all enforcement costs incurred by the city and shall receive at the conclusion of the enforcement case, a summary of enforcement costs associated with the processing of the case,
viii. Statements advising (A) that any person having any record title or legal interest in the parcel of land may appeal from the notice and order or any action of the City Manager to the Board of Appeals, provided the appeal is made in writing and filed with the office of the City Manager within ten days from the date of service of such notice and order (or within five days from such date if the City Manager has determined the condition is such as to make it dangerous to the life, limb, property or safety to the public or adjacent property); and (B) that failure to appeal will constitute a waiver of all right of an administrative hearing and determination of the matter.
C. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and/or tenant and posted on the property; and one copy thereof shall be served on each of the following if known to the City Manager or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the City Manager to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section.
D. Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the City Manager. If no address of any such person so appears or is known to the City Manager, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of the mailing.
E. Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the City Manager. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
All hearings authorized by or conducted pursuant to this chapter shall be heard by a Board of Appeals. The City Manager may determine the composition of the Board. No person who has been involved in the enforcement of a particular matter shall sit on the Board. Nothing shall prevent the City Manager from employing a single, neutral hearing officer to perform the duties of the Board. Appeals to the Board shall be processed in accordance with the provisions contained in Section 8.24.080. Copies of all rules of procedures or regulations adopted by the Board shall be delivered to the City Manager, who shall make them freely accessible to the public. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Any person entitled to service under this article may appeal from any notice and order or any action of the City Manager under this code by filing with the office of the City Manager a written appeal containing:
1. A street address and a description sufficient for identification of the property and the affected structures thereon;
2. The names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the structure or the property involved in the notice and order;
4. A brief statement in ordinary and concise language of the specific order of action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties named as appellants and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. The appeal shall be filed within ten days from the date of service of such notice and order or action of the City Manager; provided, however that if the parcel of land or structure is in such condition as to make it dangerous to the life, limb, property or safety of the public or adjacent property, such appeal shall be filed within five days from the date of the service of the notice and order of the City Manager.
C. As soon as practicable after receiving the written appeal, the secretary of the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall not be less than five days nor more than thirty days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the secretary of the Board 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 the address shown on the appeal.
D. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
E. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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