(A) Findings and determinations; definitions.
(1) The City Council has determined that the repairing and/or dismantling of vehicles and boats in public view in residential districts has a negative impact on the liveability and appearance of the city, on the availability of driveways for parking, on property values and can pose safety and health hazards to children and adults. The Council hereby makes the finding that the public health, safety and welfare require the prohibition of repairing or dismantling of vehicles or boats in public view in residential districts, except under certain circumstances.
(2) For the purpose of this section, the following words shall have the meaning set forth herein:
BOAT. Includes every description of watercraft used or capable of being used as a means of transportation on water.
IMMEDIATE FAMILY. Consists of parents, grandparents, spouse and children related by blood, marriage or adoption.
MAJOR REPAIR. Includes pulling and dismantling engines, repair or replacement of transmissions, axles, water pumps, alternators, brakes, shocks and similar work as well as vehicle body, panel repair and any hull or cabin repair to a boat.
OPERATIONAL VEHICLE. A motor vehicle that is currently capable of being propelled by its own engine.
OWNER OF VEHICLE OR BOAT. The last registered owner and legal owner of record.
PROPERTY, REAL PROPERTY, PRIVATE PROPERTY. Shall not include sidewalks or unpaved areas.
REGISTRATION. A current valid state registration for a vehicle conforming to Cal. Veh. Code §§ 4000 or 9840 et seq., for boats.
RESIDENT. The owner or lessee of real property.
RESIDENTIAL DISTRICTS. Those areas of the city zoned for residential use, whether for single or multiple family dwellings.
ROUTINE MAINTENANCE. Shall be limited to changing oil, tires, air filters, spark plugs and similar work commonly referred to as a tune-up. Except as listed, the removal or replacement of mechanical or body parts of a vehicle or boat constitute major repair.
VEHICLE. A device by which any person or property may be propelled, moved or drawn upon a highway or street, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(B) Routine maintenance; exception. Except as otherwise provided in this chapter, no person shall be authorized to perform routine maintenance in public view in a residential district on a vehicle or boat, unless as follows:
(1) Such person is the lawful resident of the property where the routine maintenance is being performed; and
(2) Such vehicle or boat is registered to the lawful resident of the property or a member of the immediate family; or
(3) Such person is licensed by the city to perform routine maintenance at the residence of another; and
(4) Proof of registration or proof of immediate family relation is provided upon request.
(C) Major repairs; exception. Except as otherwise provided in this section, no person shall be authorized to perform major repairs in public view in a residential district unless:
(1) Such person is the lawful resident of the property where the major repair is being performed; and
(2) In a fully-enclosed garage or building, or behind a six-foot fence or gate capable of screening the boat or vehicle and parts thereof from public view.
(3) The door of such garage or building or the fence gate is closed when repairs are not in progress.
(D) Major repairs; carport. It is unlawful to perform major repairs in a residential district on any vehicle or boat within a carport which is exposed to public view.
(E) Major repairs; limits. It shall be unlawful for more than two boats or vehicles to be under major repair or stored at any one time, in a residential district, except if located within a fully enclosed garage or building.
(F) Spray painting prohibited. It shall be unlawful to spray paint a vehicle or boat, panels or parts thereof in a residential district.
(G) Current registration requirements. All vehicles or boats in public view in a residential district, shall display current registration and shall be operational. Proof of operational status and current registration shall be provided upon request.
(H) Compensation for major repair and routine maintenance. No monies or anything of monetary value may be charged, exchanged, given or received for major repairs or routine maintenance performed in any residential district except for those persons licensed by the city to perform routine maintenance at the residence of another.
(I) Nighttime routine maintenance and major repair work. Routine maintenance or major repairs in residential districts shall take place between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and between the hours of 9:00 a.m. and 9:00 p.m. Sundays and holidays.
(J) Testing of vehicle or boat engines. Testing of a vehicle or boat engine in residential districts shall take place between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and between the hours of 9:00 a.m. and 9:00 p.m. Sundays and holidays.
(K) Routine maintenance time limit. Routine maintenance in a residential district shall be completed within a 72 consecutive hour period after the maintenance has begun, and shall not exceed this time period.
(L) Clean-up. Upon completion of any work authorized by this section, all debris, oil, grease, gasoline, rags, equipment, parts or materials shall be disposed of in a lawful manner where it is not visible from the street or other public or private property. Hazardous materials shall be disposed of in a lawful manner and in accordance with state, county and city regulations.
(M) Property maintenance; responsibility.
(1) Owner. Every owner of real property shall maintain such property in a lawful manner consistent with the provisions of this section. In the case of leased or rented single-family dwelling or apartment or multiple family dwelling, the property owner shall ensure that every occupant properly maintains the property. Such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(2) Occupant or lessee. Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from similar duty.
(`67 Code, § 9-2-24) (Ord. 92-10, passed 9-14-92) Penalty, see § 10.99