CC Ordinance 1631ORDINANCE NO. 1631
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL ADDING CHAPTER 6.10 -
NUISANCE ABATEMENT AND PROPERTY MAINTENANCE
REGULATIONS - TO THE CAMPBELL MUNICIPAL
CODE (CITY INITIATED)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 6.10 - Nuisance Abatement and Property
Maintenance Regulations of the Campbell"Municipal Code is hereby added as
set forth in Exhibit A, attached hereto.
SECTION TWO: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passage and adoption in the San Jose Mercury News, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 3rd day of February , 1987 by the
following roll call vote:
AYES: Councilmembers: Kotowski, Podgorsek, Watson, Doetsch
NOES: Councilmembers: Ashworth
ABSENT: Councilmembers: None
APPROVED:
Ralph Do t ch, Sr. Mayor
ATTEST:
Barbara Olsasky, /))"' '2. ---
City Clerk
EXHIBIT A
NUISANCE ABATEMENT AND PROPERTY
MAINTENANCE REGULATIONS
Sections:
6.10.010
Purpose and intent.
6.10.020
Property maintenance regulations.
6.10.030
Declaration of nuisance.
6.10.040
Voluntary abatement of nuisances.
6.10.050
Failure to voluntarily abate a declared
6.10.060
Notice of public hearing.
6.10.070
Form of notice of public hearing.
6.10.080
Hearing by the City Council.
6.10.090
Decision of the City Council.
6.10.100
Service of the abatement order.
6.10.110
Abatement by property owner.
6.10.120
Abatement by the City.
6.10.130
Record of cost for abatement.
6.10.140
Report - hearing and proceedings.
6.10.150
Assessment of costs against property -
6.10.160
Violations.
6.10.170
Alternatives.
6.10.180
Procedure in case of emergency.
6.10.190
Right of Inspection
6.10.010 Purpose and intent.
nuisance.
lien.
The purpose and intent of these regulations are as follows:
A. To define as public nuisances and violations of this Code those
conditions which are considered harmful and/or deleterious to the
public health, safety, and welfare of the citizens of Campbell;
B. To develop regulations that will promote the sound maintenance of
property and the enhancement of livability, community appearance,
and the social, economic, and environmental conditions of the
City.
C. To establish guidelines for the correction of property
maintenance violations and nuisances that afford due process and
procedural guarantees to affected property owners.
6.10.020 Property maintenance regulations.
It is hereby declared a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises in the
City to maintain such premises in such manner so as to be injurious to the
health, or to be indecent or offensive to the senses, or an obstruction to
the free use of property, so as to interfere with the comfortable
enjoyment of life or property. Such public nuisances shall include, but
are not limited to:
Pg. 1 of 8
�.- A. Overgrown, dead, decayed or diseased trees, weeds and other
vegetation that, as determined by the Planning Director or Fire
Marshal:
1. Is likely to harbor rats, vermin, and other similar
nuisances.
2. Constitute a fire hazard or a condition dangerous to the
public health, safety and general welfare.
3. Constitute an unsightly appearance or otherwise detract from
the aesthetic or property values of the neighboring
properties.
B. The presence or accumulation on a premises of any of the
following for a period exceeding two weeks, as determined by the
Planning Director:
1. Debris, rubbish, scrap materials, and trash.
2. Broken or discarded household furnishings, appliances, boxes
and cartons, and similar materials.
3. An area exceeding 100 sq. ft. containing lumber and building
materials not being used for construction on the premises.
4. Vehicle parts and tires.
5. Construction equipment and machinery except when in use for
construction on the premises.
6. This section shall not apply to any property which has been
approved for such storage use.
C. As determined by the Building Official or Fire Marshal, objects
including but not limited to unprotected and/or hazardous pools,
ponds, ice boxes, refrigerators, or excavations which tend to
attract children or other curious individuals, and which present
a threat to the health, safety or welfare of such individuals.
D. Structures or buildings, both permanent and temporary, or other
lot improvements, which are subject to any of the following
conditions as determined by the Building Official or Fire
Marshal:
1. Are structurally unsafe, either entirely or in part.
2. Constitute a fire hazard.
3. A building or structure which is not completed within a
reasonable time or for which the permit for such
construction has expired.
Pg. 2
f 4. Unoccupied buildings which have been left unlocked or
otherwise open or unsecured from intrusion by persons,
animals or the elements.
5. A building that has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated that it is
structurally unsafe or otherwise unfit for human habitation.
6. Have faulty weather protection including, but not limited
to, crumbling, cracked, missing, broken, or loose exterior
plaster or other siding, roofs, foundations or floors
(including lack of paint or other protective finish),
missing windows or doors.
7. Fences and walls which are in a hazardous condition.
8. Broken windows constituting hazardous conditions and
inviting trespassers and malicious mischief.
E. Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause
substantial diminution of the enjoyment, use, or property values
of such adjacent properties, as determined by the Planning
Director, Fire Marshal or Building Official..
6.10.030 Declaration of nuisance.
Whenever the Planning Director, Building Official, or Fire Chief finds
that a nuisance, as defined by Section 6.10.020 exists on any premises
located within the City, he shall advise the property owner of the
nuisance and direct him to abate the nuisance. The property owner shall
be notified of the existence of the nuisance in writing. The notification
shall detail the violations and establish a reasonable abatement period.
6.10.040 Voluntary abatement of nuisances.
The owner or tenant of any building, structure or property, found to
be a nuisance under the provisions of this Chapter, may abate the nuisance
at any time within the abatement period by rehabilitation, repair,
removal, or demolition. The City shall be advised of the abatement and
shall inspect the premises to insure that the nuisance has in fact been
abated.
6.10.050 Failure to voluntarily abate a declared nuisance.
If a nuisance is not properly abated within the period established
under the provisions of Section 6.10.030, the City Council shall hold a
public hearing to determine if the declared nuisance should be abated
under the police powers of the City.
Pg. 3
6.10.060 Notice of public hearing.
A written notice of public hearing, substantially in the form
contained in Section 6.10.070, shall be mailed to the property owner at
least ten days prior to the date set for the City Council public hearing.
If there is no known address for the owner, the notice shall be sent in
care of the property address. "Owner", as used in this Chapter, shall
mean any person(s) shown as the property owner on the latest equalized
property tax assessment rolls. The failure of any person to receive such
notice shall not affect the validity of the proceedings.
6.10.070 Form of notice of public hearing.
Notice substantially in the following form shall be given as provided
in Section 6.1Q 060:
NOTICE OF PUBLIC HEARING TO
DETERMINE EXISTENCE OF PUBLIC
NUISANCE AND TO ABATE IN WHOLE OR PART
Notice is hereby given that on the day of , 19 , the
City Council of the City of Campbell will hold a public hearing to
ascertain whether certain premises situated in the City of Campbell,
State of California, known and designated as
constitute a public nuisance subject to abatement by the
rehabilitation of such premises or by the repair or demolition of
buildings or structures situated thereon. If said premises, in whole
or part, are found to constitute a public nuisance as defined by
Section 6.10.020 of the Campbell Municipal Code and if the same are
not promptly abated by the owner, such nuisances may be abated by
municipal authorities, which case the cost of such rehabilitation,
repair or demolition will be assessed upon such premises and such
cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objection to, or interest in, said matters are
hereby notified to attend a hearing before the City Council of the
City to be held on the above -referenced date, at the hour of ,
or shortly thereafter, when their testimony and evidence will be heard
and given due consideration.
DATED: SIGNED:
City Official
Pg. 4
' t 6.10.080 Hearing by the City Council.
At the time and place stated in the Notice of Public Hearing, the City
Council shall hear and consider all relevant evidence, objections or
protests, and shall receive testimony for owners, witnesses, city
personnel and interested persons relative to such alleged public nuisance
and to proposed abatement measures. The hearing may be continued from
time to time.
6.10.090 Decision of the City Council.
Following the public hearing, the City Council shall consider all
evidence and determine whether the premises, or any part of the premises,
constitutes a public nuisance as alleged. If the Council finds that a
public nuisance does exist and that there is sufficient cause to abate the
nuisance, the City Council shall make a written order setting forth the
findings and ordering the owner or other person having charge or control
of the premises to abate the nuisance by rehabilitation, repair, or
demolition in the manner and by the means specifically set forth in the
Council order. The order shall set forth the times within which the work
shall be commenced and completed.
6.10.100 Service of the abatement order.
Within five days following the Council decision, the property owner
and/or the person having charge or control of the premises shall be mailed
a copy of the written order of the Council in the manner provided in
Section 6.10.060.
6.10.110 Abatement by property owner.
The property owner, or person having charge or control of the
property, may at his own expense abate the nuisance as prescribed by the
order of the City Council prior to the expiration of the abatement period
set forth in the order. If the nuisance has been inspected by a
representative of the City and has been abated in accordance with the
order, proceedings shall be terminated.
6.10.120 Abatement by the City.
If a declared nuisance is not completely abated by the owner or person
having charge or control of the property within the time prescribed in the
City Council order, city officials are authorized and directed to cause
the nuisance to be abated by City forces or private contract.
Pg. 5
' 6.10.130 Record of cost for abatement.
A. The City shall keep an account of the costs, including incidental
expenses, of abating such nuisance on each separate lot or parcel
of land where the work is done and shall render an itemized
report in writing to the City Council showing the cost of
abatement and the rehabilitating, demolishing or repairing of
said premises, buildings or structures, including any salvage
value relating thereto; provided, that before said report is
submitted to said City Council, a copy of the same shall be
served in accordance with the provisions of Section 6.10.060,
together with a notice of the time when said report shall be
heard by the City Council for confirmation.
B. The City Council shall set the matter for hearing to determine
the correctness or reasonableness, or both, of such costs.
C. Proof of said service shall be made by declaration under penalty
of perjury filed with the City Clerk.
D. The term "incidental expenses" shall include, but not be limited
to, the actual expense and costs of the City in the preparation
of notices, specifications and contracts, and in inspecting the
work, and the costs of printing and mailing required under the
Chapter.
6.10.140 Report -- Hearing and proceedings.
At the time and place fixed for receiving and considering said report,
the City Council shall hear and pass upon the report of such costs of
abatement, together with any objections or protests. Thereupon, the City
Council may make such revision, correction or modification in the report,
as it may deem just, after which by motion, the report, as submitted or as
revised, corrected or modified, shall be confirmed. The decision of the
City Council on all protests and objections which may be made shall be
final and conclusive.
6.10.150 Assessment of costs against property -- Lien.
If the property owner does not pay the expenses of abating the
nuisance within ten days after the Council confirms the costs of
abatement, the cost shall become a special assessment against the
respective lot or parcel of land to which it relates, and upon recordation
in the Office of the County Recorder of a notice of lien, as so made and
confirmed, shall constitute a lien on said property for the amount of such
assessment.
A. After such confirmation and recordation, a copy may be turned
over to the tax collector for the City, whereupon it shall be the
duty of said tax collector to add the amounts of the respective
assessments to the next regular tax bills levied against said
respective lots and parcels of land for municipal purposes, and
thereafter said amounts shall be collected at the same time and
in the same manner as ordinary municipal taxes are collected, and
shall be subject to the same penalties and the same procedure
under foreclosure and sale in case of delinquency as provided for
ordinary municipal taxes; or
Pg. 6
.! B. After such recordation, such lien may be foreclosed by judicial
or other sale in the manner and means provided by law.
C. Such notice of lien for recordation shall be in form
substantially as follows:
NOTICE OF LIEN
CLAIM OF CITY OF CAMPBELL, CALIFORNIA
Pursuant to the authority vested by the provisions of Section 6.10.120
of the Campbell Municipal Code, the of
of the City of Campbell did on or about the day of ,
19 , cause the premises hereinafter described to be rehabilitated or
the building or structure on the property hereinafter described, to be
repaired or demolished in order to abate a public nuisance on said
real property; and the City Council of the City of Campbell did on
the day of , 19 , assess the cost of such
rehabilitation, repair or demolition upon the real property
hereinafter described; and the same has not been paid nor any part
thereof; and that said City of Campbell does hereby claim a lien on
such rehabilitation, repair or demolition in the amount of said
assessment, to wit: the sum of $ ; and the same shall be a
lien upon said real property until the same has been paid in full and
discharged of record.
The real property hereinbefore mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the City of
Campbell, County of Santa Clara, State of California, and particularly
described as follows:
DATED:
(Acknowledgement)
6.10.160 Violations.
(Description)
SIGNED:
City Manager
City of Campbell
A. The owner or other person having charge or control of any such
buildings or premises who maintains any public nuisance defined
in this Ordinance, or who violated any order to abatement served
as provided in Section 6.10.120, is guilty of a misdemeanor.
B. Any occupant or lessee in possession of any such building or
structure who fails to vacate said building or structure in
accordance with an order given as provided in this Chapter is
guilty of a misdemeanor.
Pg. 7
C. Any person who obstructs, impedes or interferes with any
representative of the City Council or with any representative of
any City department or with any person who owns or holds any
estate or interest in a building which has been ordered to be
vacated, repaired, rehabilitated, or demolished or with any
person to whom any such building has been lawfully sold pursuant
to the provisions of this Chapter when any of the aforementioned
individuals are lawfully engaged in a proceedings involving the
abatement of a nuisance is guilty of a misdemeanor.
6.10.170 Alternatives.
This chapter is intended to be an alternative to existing provisions
of the Campbell Municipal Code, Revised, Civil Code or Penal Code, and is
not intended to supersede any such provisions. Nothing contained herein
shall be deemed to prevent commencement of a civil or criminal proceeding
to abate a public nuisance under any other applicable law..
6.10.180 Procedure in case of emergency.
When the conditions which constitute the nuisance pose an immediate
threat to the public peace, health, or safety, the City Council may order
the nuisance abated immediately or take steps itself to abate the nuisance
after adoption of a resolution declaring the facts which constitute the
emergency.
6.10.190 Right of Inspection.
A. Right to Inspect. An authorized agent of the Planning, Fire,
Police, Building and/or Public Works Departments shall have the
right to enter upon any property within the city limits of the
City of Campbell to inspect such property for compliance with
this Chapter provided that such agent gives the owner and
residents of such property at least seventy-two (72) hours
advance notice of the inspection in the following manner:
(1) A notice shall be conspicuously posted on the property
to be inspected, specifying the date, time and reason
for the proposed inspection and setting forth a
telephone number with directions for the residents or
property owners to call for further information; and
(2) If the identity and address of the owner is known, such
owner shall be notified of the proposed inspection by
first class mail, setting forth the time, date,
location and reason for the proposed inspection.
B. In the event of an emergency, where the condition of the property
poses an immediate threat to the public health or safety, agents
of the Planning, Fire, Police, Building and/or Public Works
Departments may enter the property without the notice specified
in subsection (A).
f: NUISANCE Pg. $