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HomeMy WebLinkAboutAgenda Bill 3.B 11/15/2010Do =0 , DATE: November 15, 2010 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan Fish, Chief of Polic SUBJECT: Introduction of an Ordinance to Add the Petaluma Property Maintenance Code to the Existing' Nuisance Violations, Amending Chapters 1.10, 1.11, 1. 14, 1.15, and 1.16 of the Petaluma Municipal Code and Repealing, in its Entirety, Chapter 8.24 of the Petaluma Municipal Code. RECOMMENDATION It is recommended that the, City Council waive full reading of the text and introduce by title only the attached ordinance, amending Chapters 1.10 1.11, 1.14, 1.15, and 1.16 of the Petaluma Municipal Code and repealing, in its entirety; Chapter 8.24 of the Petaluma Municipal Code. BACKGROUND In December of 2007, the city adopted the 2006 International Property Maintenance Code (IPMC), which regulates the maintenance of residential and non - residential properties. Since adoption of the IPMC, it has become apparent to staff that in order to gain compliance, three different titles of the Petaluma Municipal Code and one adopted publication have to be cited. This is confusing not only to staff, but to property owners trying to educate themselves on the code requirements. Accordingly, City staff has prepared a consolidated version of a property maintenance code, which utilizes numerous building, fire, health and safety, and housing code minimum standards. The proposed ordinance adds the Petaluma Property Maintenance Code to the existing nuisance violations noted in Chapter .1.10, updates Chapters 1. 10, 1. 11, 1.14 and 1.15 to reflect the addition of Chapter 1.16 (Administrative Citations), . removes a $200 appeal fee from Chapter 1.1.6, and repeals Chapter 8.24. Additionally, there are other changes proposed, which are described within the staff report. DISCUSSION In 2006; the city adopted a new, Code Enforcement Ordinance, which laid the foundation for a new comprehensive Neighborhood Preservation/Code Enforcement Program. The program was established in February of2007. Since that time, staff has been able to respond to numerous complaints,regardingtrash, debris, junk, use permit violations, and zoning violations. Staff has, however, had difficulty addressing substandard housing and vehicle complaints. Agenda'Revie Dept. Directo City Attorney Finance Director City Manager The previous reference standard for substandard housing, the 1997 Uniform Housing Code, is discontinued and out of print. This has left many communities throughout the state scrambling to find a replacement for enforcing housing code violations. Many communities have fallen back on the California Health and Safety Code regulations for housing, which are also outdated. Realizing this, many California cities, including the City of Petaluma, adopted the IPMC, a publication based on the current international building codes. On January 1, 2008, city staff began using the new Code Enforcement Ordinance (PMC Chapters 1.10 through 1.15), the Property Maintenance Ordinance (PMC Chapter 8.24) as well as the adopted version of the 2006 IPMC.. After a short time of referencing these code sections, it became apparent that having three areas of reference was confusing to both staff and to property owners. It should be noted that, unlike the municipal code, the IPMC cannot be accessed online. Interested parties must either buy a copy of the publication or come to City Hall to review a copy. Additionally, there are conflicting sections between the three areas of legislation. Staff researched what other cities were doing to address these types of problems. Those cities that appear to be most successful created their own property maintenance code based on current local and state regulations, the IPMC and community needs. The intention of creating a new ordinance was to take generic code enforcement regulations and make them more specific, allowing staff to` pinpoint each violation on a property. The proposed ordinance consolidates all three areas of reference into one property maintenance ordinance and adds new definitions to meet the areas of concern for our residents. By using this ordinance, staff will be able to address the majority of complaints received, while at the same time making the regulations more accessible to the public. This ordinance covers substandard housing, unsafe structures, weeds and vegetation management, and inoperative vehicles. This ordinance will require property owners to take responsibility for maintaining their property, and provide necessary legislative authority to improve blighted neighborhoods. Due to the volume of changes that are being made to these chapters, it was determined that a standard "strikethrough and underline" format would be too difficult to read. Therefore, staff has prepared a comprehensive.list of changes to Chapters 1. 10, 1. 11, 1.14 and 1.15 which can be found in Attachment 2. Some of the most significant changes and additions include: ® This code will be available online for the public to review. Currently, the public needs to purchase the publications or come to City Hall to review. ® Staff will have one set of procedures for noticing and abating violations. Currently, each publication has its own set of noticing procedures. ® Definitions are expanded to be more specific in identifying property maintenance issues. ® The new ordinance requires all properties in the City to be maintained to a minimum standard, set by the City, which exceeds State standards. New legislation covers inoperative vehicles, which is the most reported complaint received by Code Enforcement. "a The City's current definition of inoperative vehicle relies on the State of California's definition which states that if it can move under its own power, it can be parked anywhere on the property for an indefinite amount of time. ® The proposed regulation defines an inoperative vehicle as a vehicle that cannot legally be driven upon the public streets for any reason including but not limited to being unlicensed, non - operative status, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. ® The proposed regulation defines a vehicle as any vehicle which requires licensing through the Department of Motor Vehicles. This includes cars, trucks, trailers, RV's, boats, motorcycles, etc. ® The proposed regulation prohibits Vehicles parked on a non- permanent surface as defined by the City of Petaluma Zoning Ordinance (currently defined in the Implementing Zoning ordinance in Section 11.070- Standards for Off - Street Automobile Parking Facilities). ® Staff will develop a policy for storing inoperative vehicles, which will most likely include the vehicle tires being inflated, an approved car cover installed, the vehicle parked on a permanent surface, and the area under the vehicle being kept clean of weeds, leaves, junk, litter, etc. Chapters 1.14 and 1.16 have been modified to remove the provision of requiring a $200 appeal fee prior to a hearing request being granted. These fees are currently required to submit an appeal of a Notice of Violation or Administrative Citation. The intent of the fee was to cover the administrative costs for processing an appeal. The fee does not go towards hearing officer compensation. Staff acknowledges that the $200 appeal fee may prohibit people from appealing a $100 citation and have removed the requirement. In preparing this ordinance, staff has shared this proposal with the North Bay Association of Realtors, Petaluma Involved. Neighbors, the North Coast Builders Exchange, and various neighborhood association representatives. Staff received no negative feedback to implementing the new ordinance. The overall workload of the Neighborhood Preservation Coordinator is expected to increase with the new regulations. City staff will.now be able to address more vehicle and housing complaints. To counter the increased workload, the Police Department has implemented a new automated code enforcement software program. This software and associated equipment was purchased and implemented using.2010 -2011 CDBG funding, and it allows staff to create cases, track violations, prepare notices and citations, and generate reports. Additionally, all of this work can be done in the field, in real -time, using a laptop and portable printer. This allows staff to spend more time in the field. FINANCIAL IMPACT'S Based on the number of property maintenance related inquiries and complaints received over the last year, it is anticipated that approximately 10 -15% of the Neighborhood Preservation 3 Coordinator's time will be spent oriproperty maintenance related issues over the next year. In terms, of personnel costs this represents approximately $10,000 to .15,000 in .salary and benefits which are ,currently covered in the Police budget. This is estimated to be a slight increase over the prior year, as more legislation can lead to an increased amount. of complaints being submit ted..'However, as stated before, software -based efficiencies should offset any increased workload.. Using the number of citations issued for property maintenance related violations over the past year, plus an additional increment that would be expected I under the improved property maintenance ordinance, it is estimated that fines and penalties for the next year will amount to approximately $7,500. Start up costs will be minimal, and are estimated to be $100 for printing up brochures that outline the new legislation. Indirect impacts of this new legislation build upon the goals set out in:2006. Increased property maintenance builds stronger neighborhoods, reduces crime, and increases property values. These are all benefits to the City. ATTACHMENTS 1. Proposed Draft Ordinance 2. List of proposed changes to Chapters l .10, 1. 11, 1.14 and 1.15' 3. Chapter 8.24 — To be 'repealed ❑ .Items listed below are large in volume and are not attached to this report, but may be viewed in the City Clerk's office. 1542073.1 ri Attachment 1 DRAFT ORDINANCE AMENDING CHAPTERS LIU, 1.11, 1.14,1.15 AND 1.16 OF THE PETALUMA MUNICIPAL CODE AND REPEALING, IN ITS ENTIRETY, CHAPTER 8.24 OF THE PETALUMA MUNICIPAL CODE. WHEREAS, the City Council 'finds that blighted properties and substandard housing leads to decreased property values and increased crime; and, WHEREAS it is in the best interest of the City and its residents for the City to have clearly defined standards and procedures for requiring property owners to maintain their properties in a manner that discourages the existence and proliferation of blighted properties, substandard housing and other nuisance conditions; and, WHEREAS, in 2006 the City of Petaluma ado adding Chapters 1.10 through 1.15 to the M WHEREAS, in 2007, the City of Petaluma a Maintenance Code, which addresses maintenance of WHEREAS, in 2008 the City, of ordinance; adding Chapter 1.16 t&the Pf WHEREAS, Ch4pter'8 24� Petal maintenance of structures in d d,CodeEnforcement ordinance, cipal Code;. and, d the International Property etures and, d tl e�Administrative Citations al Code; and, V ipal Code addresses exterior property multi - family zoning districts only: and, WHEREAS, a consolidatedpropert'ymantenance ordinance tends to promote public health, safety, and welfare an dwill benefit the public and members of staff administering the ordinance, as described in the agenda summary report for this ordinance. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN, AS FOLLOWS Section 1 :, Chapters 1. 10, 1. 11, 1.1 °4, 1.1.5 and 1.16 of Title 1 of the Petaluma Municipal Code are amended to read as follows: "CHAPTER 140 CODE ENFORCEMENT, °GENERALLY 1.10:01,0 General; provisions. A. Title. Chapters 1.10 through 1.16 shall be known as the " Code' Enforcement Ordinance ".. B. Scope. The provisions of this code shall apply to all existing premises and shall constitute m inimum requirements and: standards for premises,, structures, equipment and facilities -for light, ventilation, space,, Beating, sanitation, protection from the, elements; life safety, safety from fire 5 and other hazards, and for safe'and.sanitary maintenance;, the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, ,and for administration, enforcement and .penalties. C. Intent. This chapter shall be constructed to secure its expressed intent, which is to ensure public health, safety and welfare in' so far as they are affected by °the continued occupancy and maintenance of structures.and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. D. Purpose. The city council establishes the procedures set forth in Chapters 1.10 through 1.16 for declaring and addressing nuisance, conditions and other vialations of the municipal code, pursuant to Government Code Section 36900, et seq., Section 38660, Sections 38771 through 3'8775,.inclusive Section 53069:4, Section 54988, and all other statutes and laws referenced herein. The purpose of Chapters 1.10 through 1.16 is to provide criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the city, to prevent, discourage, abate, or otherwise1 ddress any nuisance condition or 44 1 violation of this chapter, as that term is defined below. 0 1.10:015 Applicability. A A. Application'. This chapter shall apply to all exist structures, and lands and portions thereof without reg improvement, or alteration. Where, in .a specific case, different requirements, the most restrictive shallgove B. Existing Buildings. Buildings and portionsAhereof this chapter may have their existing use or occupancy legal at the time of the original usetor occupancy, and is not dangerous to fife, health6Hnd. safety. and buildings, use; date of construction, sections of this code specify Ice -at =the time of the adoption of d if the use or occupancy was that continued use or occupancy C. Historic Buildings. This chapter does�not apply to existingbuildings, structures, or premises desi nated b the: state or city as histo Ic when:such buildings, g Y w .Y ldm gs, structures, or premises are judged by the building officlal�to be safeanddo not contain unhealthy conditions. D. Maintenance. All equipment;kdevice§; stems, and safeguards required by this code or previously adopted codes under which the structures or premises were constructed, altered, or repaired shall be maintained m good' working order, except,.for such temporary interruption as necessary while repairs or alteratxions are° in progress. E. Relocation. Existing buildings, and structures that are moved or'relocated shall be made to conform to the requirements of this' code.. F. Application of other codes. 'Repairs, additions or alterations to a structure or changes of occupancy, shall be done-in accordance with the procedures ; and provisions. of the adopted uniform codes in :title 17 of the Petaluma Municipal Code, ,as the same may be amended from time to time. Nothing in this : code shall be constructed; to cancel' modify ,or set aside any provisions of the City of Petaluma Zoning Ordinance: G. Existing remedies. The provisions in this chapter 'shall "not be constructed to abolish or impair any structure which is dangerous, u officers nsafe and unsanitary., elating to the removal or demolition . of exlstin remedies of the City or Its H. Workmanship, Repairs,. maintenance work, alterations or installations which are caused directly or`.indirectly by�the enforcement of this code shall be executed and installed in a 2 0 workmanl'i'ke manner and installed in accordance with the manufacturer's installation irstruetions. 'I. Referenced codes and, standards. , The codes and standards referenced in,this chapter shall be those thafare adopted 'in iffe 1 7 - of the Petaluma Municipal Code, as the "same may be amended . from 'time to time, and shall be ;considered part of the requirements of this chapter to the prescribed extent of leach such reference. Where differences occur between provisions of this chapter and the referenced standards, the most restrictive shall govern. J. Requirements not covered by code.. Requirements necessary for the strength, stability or proper operation or an existing fixture, :structureror equipment, or' `for the public safety, health and general welfare, not specifically covered by this chapter, shall be�determined by the code official. 1.10.020 Definitions. The terms that appear in quotation rharksl below shall be defined as follows: Abatement order " a nd nd adinimstrat_ ive order" shall mean an or issued by a,code official or by , a hearing officer following an appeal,hearmg or an order to show cause hearing. "Administrative costs" ,shall mean that segment of costs 0. abateme that includes: staff time expended that was reasonably' related to enforcementotactivities under Chapters 1.10 through L16. Administrative costs shall include, but not be hmtted to - inspections and remspections, third -party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time. and expense of' preparing for and attending meetings, and /or hearings related to abatement proceedings. The hourly rate for staff time shall;be "set by the city council and may be revised from, time to time. "Affected property" shall mean any real, property of port �oris thereof within city boundaries, including any buildings or other �impr�ouements located on such property, where nuisance. conditions or other code violations allegedly existorhave previously existed. "Approved" shall mean appro d the,code official. "Basement" shall mean that portion of 'a building which is partly or completely below .grade. "Bathroom" shall mean;a room contaimngplumbing fixtures including a bathtub or shower. "Bedroom" shall any room or;space. used oHritended to be used for sleeping purposes in either a dwelling orl sleeping unit "Blight" or "Blighted" shall xnean�unsightly conditions, including, but not limited to: the accumulations of debris; fencesd characterized by holes,. breaks, rot; crumbling; cracking, peeling, or rusting; landscaping that ��sdead characterized by uncontrolled. growth or lack of maintenance, or is damaged; and the exterior visible use or display of tarps; plastic sheeting, or sim lar.material&as flexible or inflexible screening, fencing; wall covering, or roofing upon a' residential lot, re,gardles,s of the condition of other properties'in the neighborhood. "Building code shall mean the uniform codes adopted in Title 17 of the.Petaluma.Municipal Code that regulates the;desigr construction, and the quality .of materials use and , occupancy, location and maintenance of all, building and structures within the city. "City" shall mean the city of Petaluma. "Code" or "this code" shall mean the city's municipal code zoning ordinance, all uniform codes that have `'been incorporated into the city's municipal code, and any,applicable local, state or federal laws and,regulations3'that are or may be enforced by the city, including without limitation, the State Housing Law (Health and Safety Code Section 17910 et seq.). "Cbde shall mean the official, who is charged with the administration and enforcement of this code, or any °duly authorized representative. "Compfi e" shall mean all actions required to remove, a'11''e_iate, eliminate, halt, or mitigate a nuisance condition or otherviolatioh of this code in the manner and in the tirrie'frame, prescribed by an- enforcement officer, hearing officer, or city council. "Condemn" shall mean'to adjudge unfit for occupancy. "Costs of abatement" shall mean all costs incurred by the city in connection with achieving . compliance with an abatement order, including, but not limited to, any cost incurred by the city in performing or contracting for work required to achieve compliance with an abatement order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorneys' fees all as permitted by law. "Day" or "days" shall mean calendar days. "Debris" shall mean an accumulation of materials having little or no. apparent value or utility, including, but not limited to: deteriorated lumber; old newspap - A` rniture parts; stoves; sinks; cabinets; household f xtures refrigerators,• car parts;. abandoned; broken or neglected equipment ;, un- stacked firewood; or la& of maintenance. "Deterioration" shall mean.a lowering in quality of the condition or appearance of a building, structure or premises or parts thereof. characterized by holes, breaks, ro rumbling, cracking, br ' peeling, rusting; or any other. evidence of physicalodecay, damage, neglect, or lack of maintenance. "Dwelling unit" shall mean .a room or group of internally' connected rooms that have sleeping, cooking, eating, and- sanitation facilities: ti�h�fi "Electrical code" see `Building code "' - "Enforcement action" shall mean any notice AV' latiori hearing, citation, investigation, p r petition, or any admmistrati�e or�udicial order.under,authority of Chapters 1.1 "0 through It t 6 or pursuant to Ay, her legal autho ty: �r "Enforcement officer" means anya person,authorized or directed by the city manager'to enforce any provision of this code, including any peace officer. In addition to any;other powers conferred u on,him or her by this code or1by anyother law, an enforcement, officer shall have the authority to issue a notice twg ear, issue an. admin_ _istrative. citation, or'issue a notice of violation if the enforcement officer liast to bel ieve that a violation of thi s code was, or is being, committed � o Ext&rn fat ion a shall mean the ontrol and e lim nat on,.of fns ects, rats or other by eliminating their harborage places; by.retpoving.or making inaccessible materials that serve:as their'food;, by poison spraying, fumigating, trapping, or by any other approved pest elimination method's. "Exterior opening." sl al'frriean any open or closed window, door, or passage between interior and exterior spaces. "Fire code "' see " code" "Garbage" shall. mean ;the animal. or vegetable waste resulting the handling, preparation, cooking and consumption of food. "'`Guard" shall mean a :building component or a. system of building, components located at -,or near the open sides of .elevated walking surfaces that minimizes the " of a fall the walking, surface to a :lower level. 4 "H a bitable space" shall mean space in Structure for living, Sleepitig, eating, or cooking. Bat hrooms , toilet rooms, closets, halls, storage or utility spaces; and similar areas are not considered habitable space s. "Health officer" shall mean. a representative of the Sonoma C-bunty `Health. Department who is authorized to enforce the health regulations in the City of Petaluma. "Hearing officer shall mean any person or persons appointed by the city council; or by any person designated by the.city °counel to make the app ointment, to `conduct a hearing pursuant ao Chapters l'.10 through IA 6. "Hot water" shall mean water s' - liedlo a plumbing 'fixture at a, temperature of'not less than 120 ° F (49 0 C). "Imminent,hazard" or "'imminent danger. "' Shall mean any condition associated, with real property that places a person's life, health dr property in high risk of peril when such .a condition is immediate impending, or on the point of happening or menacing "Infestation" shall'mean the apparent presence of unpleasant, dain`aging; or, unhealthful ,insects, rodents, re tiles or pests. "Inoperative vehicle" shall mean any vehicle which requires�'�licensirig through the Department of Motor Vehicles which cannot' legally be driven upon the5publie streets for any reason including . but-not limited to being unlicensed, non- operative staffs, wrecked., in a state of d r ` disrepair, or incap able of bein g : under its own p owe "Luminaire" shall mean a tungsten `incandescent, or fluoresces „light fitting... "Mechanical Code" see "Building, "Nuisance condition" shall mean any condtion'described m CTiil Code Section 3479 or Chapter 1,. 10 of this code and shall also include,'but not be'limited to`any violation of this code: "Occupancy" shall mean the:purpose for which a.buildingor portion °thereof is utilized or occupied. "Occupant" shall-mean-the person orpersons hav ng,a right of present possession of the:affected 4 1 property, if otherthan the owner, including,witl out limitation tenant(s);'subteriaiii(s); lessee(s), . sublessees or assi nee,(§ o an authonze�d a eat of same. P y' �, g O Y g Owner shall meanthe owners) of record .of the affected pro ert :and shall include any authorized age'rit(�s) of the owners) of record. "Penalty" shall me.angan adminisirative`fine or penalty, imposed on the responsible party, pursuant to Sections 1.14 050 sand ,1.16.020 of this code. Plumbing Code see " Buildingico, "Pond ".or. 'pool" shall mean% body of water that is in..exce.ss of twenty -four inches deep. "Premises" shall mean a lot,' lot or parcel of land, easement or public way including, any structures located' thereon. "Responsible party" shall mean any person, firm, association; or club or organization (including g ) rp artnershi , t ru "st ee ; entit , and a e pa or mgor gal.clubs or, orga (j , co or�ton, p p ( ) ,� Y p . le al uardian of7any persons under eighteen years of age, whose acts or, omissi'ons have.caused or cgntributed to a violation of this code and shall include any owner(s) or occt parit(s) of the affected property: Rubbish", shall,mean combustible and non - combustible waste materials except garbage; the terra Shall include thee. residue from. the burning - of wood coal coke; and other combustible materials, paper'rags, ,cartons; boxes, wood, excelsior, rubber, leather; ,tree yard tri mrl li n gs,, carts, TTletals, :mineral smatter, glass, crockery and cd USt and other S imilar materials. 5 "Sleeping. unit" shall mean a-:room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms that are also part of.a dwelling unit are not sleeping units. "Smoke detector" shall mean an approved detector that senses visible or invisible particles of combustion. "Sound condition" shall mean any structure, building, or component that is in a condition to withstand designed or anticipated loads. This would include maintenance for weather protection, free of deterioration and damage. "Structure" shall mean that which is built or constructed or a portion thereof. "Structure unfit for human occupancy" shall mean a structure that is unfit for human occupancy whenever the code official finds that such ,structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination sanitary or heating facilities or other essential equipment required by this code, or because theOlocation of the structure constitutes a hazard to the occupants of the structure or to the.apublic. "This chapter" shall mean these code enforcement chaptersaChapters 1.10 through 1.16) as enacted and as the same may be amended from time to time:' "Toilet room" shall mean a room containing a water,eloset or urinal biit no�t,,a bathtub or shower. "Unlawful structure" shall mean a structure that isZ and in whole or in part to be occupied by X W more persons than permitted under. this code, or was erected,. altered or occupied contrary to law. "Unsafe equipment" shall mean any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid A eontainers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. "Unsafe structure" shall mean a stiuct3ure that is found to be dangerous to the life, health, property or safety of the publidor the occupants of,jhe structure by not .providing minimum safeguards to protect or warn 0"' ant _ the event of fire, or because the structure contains unsafe equipment or is so.,," damaged; �deeayed'' "di`lapidated, structurally unsafe .or of such faulty construction or unstable % f dahon, that partial or complete. collapse is possible. "Vegetation shall -m an plant li, of an o ind, whether living or dead, characterized as grass, weeds bushes shrubs_ and trees. "Vehicle" shall mean anyvehicle which requires licensing through the Department of Motor Vehicles. "Ventilation" shall mean then atural or mechanical process of,supplying conditioned or unconditioned air to, or removing such air, from any space. "Weeds" shall mean a useless and troublesome plant generally accepted as having no value and frequently of uncontrolled growth, not including native vegetation. "Workmanlike" Shall mean work that is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. "Yard" shall mean an open space on the same lot with a structure. 1.10.025 Violation a public nuisance, alternative remedies provided. Any violation of.this chapter is unlawful and is hereby declared to be a nuisance. Any violation of this chapter may be prosecuted or enforced through any of the enforcement remedies provided in Chapters 1.10 through 1.16. In addition to the remedies provided in Chapters 1.10 through 1. 16, the city expressly' reserves the right to utilize enforcement remedies available under any 0 fo applicable state or federalstatute or pursuant to any other lawful power the city may possess. All such remedies shall be alternative to :or in conjunction with, and not exclusive of, one another. The election of remedies provided 'by Chapters 1.10 through 1.16: or other applicable law shall be at the sole discretion of city officials. A hearing officer may order the abatement of any nuisance condition, including abatement by the city, following proper notice and an opportunity for a hearing. However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Chapter 1.15 of this 'code. 1.10.030 Unsafe structures and equipment. A. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure or equipment may be condemned pursuant to the provisions of this code. B. Closing of vacant structures. If `the structure is vacant or unfit for human habitation and occupancy, and it's not in danger of structural collapse, the code offi'cial is authorized to post a placard of condemnation of the premises and order the structure!closed. up so as not to be an attractive nuisance. Upon failure of the owner to close up the within the time specified in the order, the code official may cause the premises to,^be,,closed and secured through any availa cha pu b l ic gency or by the, contract or arrangers nt by private persons and the cost thereof shall g against the real estate upon whichithe. struet'ure is .located and shall be a lien upon such real estate and may be collected by any other resource as described in Chapter 1.14. C. Notice. Whenever the code official has provisions of this section, notice shall be I affected by such notice and served on the y en^ , structure or equipment in accordance equipment, it shall also be placed on tR c F pr a strucfure'or equipment under the )nspicuous place in or about the structure person or persons responsible for the I O 1.16. If the notice pertains to lurpment. D. Placarding. Upon failure of the owner ox person responsible to comply with the notice �.�, provisions within the time green,. the code off cial may post on the premises or on defective equipment.a placard bearrng�the�word�`�`Condemned" and a statement of the penalties provided for occupying the p er raises, oper aging t e equipment or removing the placard. E. Placard rernoval The code official shall remove the condemnation placard whenever the defect or defects upon which the co demnation and placarding action were based have been o eliminated. Any person wh defaces or removes a condemnation placard without the approval of the code official shall be gurl"ty of a misdemeanor. F. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shalt operate placarded equipment, and any owner or any person responsible for the premises who shall let.anyone occupy placarded premises or operate placarded shall be guilty of a misderneanor and liable for the penalties provided, by this code. 1.10.035 Emergency Measures. A. Imminent danger. When in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has. fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or 7 �1 materials or o p eration of defective or dangerous equipment, the code official is hereby authorized and empowered -to.order and require the occupants to vacate the premises forthwith. The code official shall cause: to-be posted at each entrance to such. structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." Is shall be unlawful and,a misdemeanor for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the' B. Temporary safeguards. Notwithstanding other provisions of this code, whenever,'in the opinion of the code official, -there is imminent danger due to an unsafe condition, the code official may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and may cause such other action to be taken as the code official deems necessary to meet such emergency. C. Closing streets. When necessary,for public safety, the code off c al may temporarily close structures and close, or order the authority having jurisdictions�411,, close, sidewalks, streets, pubic ways and places adjacent to unsafe structures, and prohibiter e same being utilized. D. Emergency repairs-For the purpose of this section, thecode offic al,may employ the necessary labor and materials to perform the required'workas exile. - it. , J. as possible. E. Cost of emergency repairs. Costs incurred in the of emergency work shall initially be paid by the City. The City Attorney may institute appropriate action against the I M owner of the premises where the unsafe structure is or was located for the recovery of such costs. F. Hearing. Any person ordered to take emerge cy measuresshali comply with such order forthwith. Any such person may appeal the determination that emergency procedures, as � wol described in this Section 1.10.035, were necessary or appropriate using the appeal procedures described in Section 1.14.070. 1.10.040 Reserved. 1. 10.045 Additional approvaal "proce"dures. A. Modifications. Lhenever, in a given circumstance, there are practical difficulties involved in carrying out the provisions of`Sections 1 10.075, 1.10.080, or 1.10.085, the code official shall have the authority to grElt,modifi a tions for that circumstance, provided the code official determines that a strict application AV of the provisions of this chapter is impractical and the modification is in. complianc PM h the intent and purpose of this chapter and that such modification does. not reduce or impair health, life and fire safety requirements. The details of action granting. modifications shall be recorded and entered in the, code official's files. Any person who challenges or appeals a determination made by the code official pursuant to this subsection shall follow the: appeal procedures in Section 1. 14.070 and the challenge or appeal shall be .based on an allegation that such officer has abused his /her discretion and that the determination ofsuch officer`is not consistent with the intent and purpose of this chapter. B. Alternative - materials, methods equipment. The provisions of this chapter are not intended to prevent the installation of any or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved by the code official, where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose l�)__ intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety. C. Required testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter,' or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for the alternative materials or methods, the code official shall have the authority to require tests to be made as, evidence of compliance at no expense to the City. 1. Test methods. Test methods shall be specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official may approve an appropriate testing procedures'perfonned by an approved'agency. 2. Test reports. Reports of tests shall be retained by the code official in accordance with the city's adopted record retention policy. Wi 1.10.050 Means of Appeal. Any person directly affected by a notice or order issued under-�this chapter shall have the right to appeal the decision as described - in, Section 1.14.070. 0111 1.10.060 Violation of'license, permit; agreement It shall be a violation of this code to violate any ter agreement, or approval granted or issued by any at including the Petaluma community development c( without limitation, any agent, employee, or contra( contributing to the violation of any such. termor cc provided in Chapters 1.10 through 1.1:6 and in any 1.10.065 Causing, permitting;etc.,, a violation. Causing, permitting; aiding, `abetting, contrib of this code shall constitut of such pI �r condi =tion of any license, permit, rtzed' agent, body or agency of the city, cirssion.. Any responsible party (including, Of they espbnsible party) violating or lion shall be subject to enforcement as to, or concealing a violation of any provision vision. 1.10.070 Separate��and continuing�violations. A separate offense shale deemed committed each day a violation of this chapter occurs or continues; any penalty imposed f6f a violation, pursuant to` Sections 1.14.050 or 1.16.030, may be imposed on a "per day "basisAny condition of real property that constitutes a nuisance condition where the same, orasubstantially similar, condition has been the subject of'two or more enforcement actions within any three, -month period is deemed to be a continuing violation. Any building or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained; moved, or demolished contrary to any provision of this code, or contrary to any term or condition of any license, permit or entitlement issued by or on behalf of the city, shall be deemed a violation of this code. Similarly, any use of land building or premises that is _ established', conducted, operated or maintained contrary to any license, permit, condition or approval relating: to the use of said land, or that is contrary to any provision of this code, shall be deemed a violation of this code. 1.10:075 "G'eneral maintenance of property. In addition to other conditions defined to be nuisances in Chapters 1.10 through 1.16 or the municipal code, it is declared' a public nuisance for any person owning, leasing, occupying or X /3 having charge or possession.of any premises in this city to maintain such premises in such manner that any of the following: conditions, but not limited thereto are found to exist thereon: A. Buildings which, are abandoned,,partially destroyed, ;substantially deteriorated or left unreasonably in a state of partial construction without an active building permit; B. Unpainted, unmaintained and, otherwise unprotected buildings causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds; C. Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, and malicious mischief, D. Overgrown vegetation and weeds: 1. Causing detriment to neighboring properties or property values, 2. Causing a hazardous condition to pedestrian and /or vehicular traffic, 3. Likely to harbor rats; vermin and other nuisances; 4. Grasses and weeds over 6 inches in height; E. Dead trees and debris: � F 1. Constituting unsightly appearance and /or odors, 2. Dangerous to public safety and welfare, 3. Detrimental to nearby property or property values, 4. A ready source of fuel for combustion; F. Attractive nuisances dangerous or potentially dangero 1. Abandoned and /or broken equipment, 2. Pools, ponds or excavations without adequate barrier 3. Neglected, unprotected and /or u rise cure d machinery, X i' jm 4. Unsecured and unoccupied abandoned buridrngsa and G. Items such as, and similar to, the followingNndwhic public streets and /or other propertres 1. Trash, junk, garbage, rubbish and debris, 2. Household goods, � , le in the form of: fuses; stored in yards and visible from 3. Mattresses, Mil h . 4. Cans of stains, pain ts" and solvents, 6. Vehicles not parked on a pertire racks, rims, wheels etc., 5. Vehicle and/or bicycle tires "mm rinanent surface as defined by Section 11.070(F) of the City " t l Hi of Petaluma Zonm2_ Ordinance, 7. Inoperative vehicl'eWovehicles in various states of disrepair and vehicle parts, 8. Cabinets, 9. Furniture, 10. ,Clothing, 11. Appliances, 12. Boxes, 13. Construction materials and /or tools, 14. Yard and garden equipment in excess of that which is-reasonable and acceptable for maintaining the property at which it is located, 15. Bicycles, scooters and like items in excess of that which is reasonable for use by the current occupants of a property, 16. Ttems of any sort or:of any quantity that are evidence of an illegal operation or business, or create the . appearance thereof, 17. Any other refuse or waste, 10 Iq- IS. Trash, garbage or refuse cans, bins, boxes or other such containers, 19 Shopping carts; 20. The accumulation of dirt; 21. Yards that' riot graded and maintained to prevent4he erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located- thereon. H. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such mariner as to constitute a public nuisance as defined by Civil Code Section 3480; I. Any building, structure or portion thereof built to code standards' applicable at the time of original construction, or areas of access which have any of the following conditions or defects to a significant degree or as otherwise noted: 1. Whenever any door, aisle, passageway, stairway, window%or other,means of exit is not of sufficient dimensions, or is not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein Who,.would be required to, or might use such door, aisle, passageway, stairway, window or other means of exit, :� A� 2. Whenever any portion thereof has been damaged by eartthquake, wind, flood, rain or by any other cause, in such a manner that the structural strengthfstability oNntegrity thereof is appreciably less than is suitable f6voccupancy and is less than the rmrniimum requirements of building code regulations enforced by the city, 3. Whenever any portion of a building or any member4appurtenance or ornamentation on the exterior thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property, 1 1 � ".M 4. Whenever any building, portion of a building - or any, member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in. place so as to be capable oyesisting wind pressure, earthquake forces, live loads or dead loads as specified in the building�'coode regulations enforced by the city without exceeding }5Y' the working stresses permitted therein „� " ° 5. Whenever any portion thereof has settleWor otherwise been repositioned or reconfigured so that structural portions of b - 411 - h s and structures, have less resistance to winds, earthquakes and /or other forcesthan is adequate fors afe occupancy and /or as is otherwise required by MI building code regulations enforced by the city, 6. Whenever buildings or structures, or any portion thereof, because of dilapidation, deterioration, decay, faulty466nstr'uction, infestations or the removal loss or movement of a portion of the soil necessary N adequately support such building structure or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or�underpi�nning is.likely, to fail, or otherwise fall or give way, 7. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used or intended to be used, 8. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated as to become' an attractive nuisance'to children who might play therein to their danger or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts, 9. Whenever a building or structure which has been constructed now exists or is maintained in violation of any requirements or prohibitions, applicable to such building or structure, of the building and housing code regulations enforced by the city, 11 /5 10. , Whenever a. building or structure, used or intended to be or'used for dwelling purposes because of dilapidation decay; damage, or faulty construction or arrangement, or otherwise is unsanitary or for human babitation or is in a condition'that Is likely to cause, sickness or disease when so'determined by the health officer, or is likely to contribute injury to the health, safety or-general welfare of those living within, 11. Whenever a building or structure, by reason of obsolescence,_ dilapidation, deterioration, damage, substandard electric wiring, gas connections or heating apparatus, or similar conditions, is in such condition as to be afire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause, 12. Whenever any sidewalk or driveway which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same. 1.3. Whenever the walking surface of any' aisle, passageway, ,stairway or other means of exit is so warped, worn, loose, tom.or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. , 14. Whenever the stress in �anymaterials, member or porti ®n they of; due to all live and dead loads, is more than the imposed design loads. Nk 15. Whenever anyportion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of 2 months. 1.10.080 Nonresidential buildings'an'd structures maintenance standards. A. Application. In addition to, the general property maintenance standards specified Section 1.10.075, the provisions of this section shall apply to nonresidential buildings and structures located within the city limits of theca ity of Petaluma. B. Foundations, Exterior Walls, Roofs, Mechanical, Equipment, Electrical, and Plumbing. Foundations, exterior walls, roofs�andmechanieal , equipment ;shall be free from deterioration or blighting. conditions and shall conform to the following requirements: 1. Foundation. The b�uil g fo�undati`on shall be free from deterioration, maintained in a safe condition, :and be capable of supporting the load which normal use may place thereon. 2. Exterior Walls. The exterior walls shall be free from condi'ti'ons that contribute to the deterioration of the strcture or otherwise present a deteriorated ,or :blighted condition. Exterior walls shall be substantially' weat e'r tight, weatherproof, free from dry rot, and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. Exterior doors and windows shall be. fitted securely in their frames and shall be substantially weather tight with operable locks, if locks are present. 'Windows of occupied structures shall not be' boarded, and glazing in windows and doors shall be properly maintained. Chipping or peeling paint may not exceed twenty -five percent of a surface area of any building, component visible from public property. All exterior surfaces other than decay- resistant materials shall, be protected from the elements by painting of other protective covering according to manufacturer's specifications. Chimneys and' similar appurtenances shall be structurally safe. Window screening of not less than 16 mesh, per inch', shall be required for ventilation of habitable rooms, food preparation areas, food service or�any areas where products tube included or utilized in food for human consumption are :processed, manufactured, packaged or ; stored and shall be maintained in good condition. Every ;screen door used for insect control shall have a self-closing device in ,good working condition. Screens shall not be required where approved air curtains are employed. 12 3:;96ofs and:drainage. Roofs -,and drainage shall be maintained in a safe condition and have no defects which might admrt rain or cause .dampness in the walls or interior portion of the building. Roofs shall be free from conditions that contribute to the deterioration of1he structure or otherwise resent a deteriorated _ - eteriorated or blighted appearance. Broken,. rotted, split, curled, or missing roofing material shall not exceed ten square feet of any roof 'for no more than thirty consecutive days. Canopies and. awnings shall be properly anchored and maintained. Roof water shall not be discharged in a manner that creates a public nuisance. 4. Mechanical Equipment. Heating, ventilating, air - conditioning .evaporative cooling equipment, and their mounting apparatus shall .he maintained in an approved manner, and in a condition free from excessive accumulation of scale, rust; corrosion or mineral deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or unattached heating ventilation and air conditioning (HVAC) equipment'and mechanical equipment and associated apparatuses shall be removed from the structure: Equipment, shrouds, enclosures; and similar protecting,housing components integral to a piece of equipment shall be installed, anc ored, and properly- maintained. A L 5. Electrical Equipment. All electrical. equipment, maintained in a safe operational condition and ap 6. Plumbing Equipment. All. plumbing equipment, maintained in a safe, sanitary, functional. and appr C. Outdoor Stairs, Porches, Guardrails, Handrails, porches, guard and hand rails shall be adequate fo r code and fire code requirements:: Every stair and p sound condition. The support for railings, stairs a" safe condition. Every stair and porch, an Y p an a" P, condition and capable of supportmga 1_oad that no D., Interior of Structures 1. General. Every owner of a property shat ensure nt electrical, and plumbing equipme therein areAma structurally sound. Z IV I&I 61.1e wiring an'd "appl`iances shall be installed and %,_ - proved manner piping and fixtures Ma ll�,be installed and oved,mannerr � � an&Simniilar Railings. All outdoor stairs, safety ac&dirig to the applicable building orch shall be maintained in a structurally nd po,r,ches ,shall be structurally sound and in a endagethereto shall be maintained in safe rmal.use place thereon, interior of structures and mechanical, ned. in;good working order and 2. Structural Members. All structural members shall be maintained structurally sound and be capable of supportmg mposeddesign loads. 3. Interior Surfaces. Ali , erior surfaces shall be maintained. in good, clean and sanitary 1, condition. Peeling, chipping flaking, or abraded paint shall be repaired, removed, or covered. Cracked, broken, or damagem; Vor loose plaster, decayed wood, and other defective surface conditions in excess of a /8" shall be repaired. 4. Stairs and Walking. Surfaces. Every stair, ramp, landing, balcony, mezzanine or other walking surface shall 'be; maintained in :sound condition and good repair. 5. Handrails and Guardrails handrail and guardrail shall be firmly fastened and, capable of supporting normally, ;imposed loads and shall be maintained in good condition and shall be adequate for safety 'according to the applicable building':and fi code "requirements. 6: Interior Windows and Doors. Every interior` window and door shall fit within its frame and shall be capable of being opened and closed by being ~properly and securely attached to jambs, headers, 6r- tracks, as intended 'by the manufacturer of the attachment hardware. E. Exits. All' buildings or- portions, thereof shall be provided with'properly maintained exits, exit corridors; exit passageways, and appurtenances as required by the building code. F'. Fire ,Protection. All "buildings or portions thereof shall be provided with the degree of fire- 13 17 resistive construction as required by the building code forthe appropriate occupancy, type of construction, and location on property, and shall be provided with the appropriate fire extinguishing systems or equipment as required by the building code and fire code. All fire - resistive construction required by the building code shall be maintained. G. Substandard Commercial Buildings. Any building or portion thereof or the premises on which the same is located in which there exists any of the following conditions shall be deemed and hereby declared to be a.substandard building. 1. Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard when any of the following conditions exist: a. Lack of or improper operation of water closet lavatory, bathtub, or shower; b. Lack of required interior wall covering; c. Lack of required hot and cold running water to plumbing, fixtures; d. Lack of or improper operation of required ventilation equipment; e. Lack of required electrical lighting; '�� . f. Dampness in rooms; g. Infestation of insects, vermin, or rodents; h. General dilapidation or improper maintenance; i. Lack of adequate garbage and rubbish storage and j. Lack of connection to a required sewage disposaal k. In- operable connection to a required sewage dispc H. Structural Hazards. Buildings or portions thereof or contain structural hazards. Structural hazards following: 1. Deteriorated or inadequate foundations in may place thereon; 2. Defective or deteriorated flooring or. floor 3. Flooring or floor supports o 4. Members of walls, partition defective material or.dete fora 5. Members of wgIffNpartitions imposed loads safely Wt 6. Members of ceilings; facilities; �d.substandard when they are, not be limited to, the of supporting the load which normal use ocarry imposed loads safely; supports that split, lean, list, or buckle due to al supports that are of insufficient size to carry and roof supports, or other horizontal members that sag, split, or buckle due to defectivematerial or deterioration; 7. Members of ceilings, roof S roof supports, or other horizontal members that are of insufficient.size> to carry imposed loads safely; 8. Fireplaces or chimneys that list (to lean), bulge, or settle due to defective materialor deterioration. L Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect at the time of- installation, has not been maintained in good condition, or is not currently in good and safe .condition and working properly shall be considered,hazardous and substandard. J. Hazardous Plumbing. All plumbing that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, is not currently in good and safe condition or not working properly; or is not free of cross connections and siphonage between fixtures shall be considered Hazardous and substandard. All water,heaters require seismic strapping on the bottom one -third and top one -third of the unit. An approved combination temperature and pressure- relief valve and valve relief discharge pipe shall be properly installed 14 and maintained on water heaters K. Hazardous Mechanical Equipment. All mechanical equipment- including vents that do not conform to all applicable laws in effect at the time of install'ati`on, that has not been maintained in good and safe condition, and is not currently in good° and safe condition and working properly, shall be considered hazardous and substandard. L. Fire Hazard. Any building.,or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in noncompliance with the fire code to the extent that the fire chief, or their designee, has determined the noncompliance condition is unsafe or, that a fire or explosion could occur as the result of said noncompliance shall be considered hazardous and substandard. In addition, any condition the fire chief, or their designee, has determined provides a ready fuel to augment the spread and intensity of fire or explosion arising from - any cause is deemed hazardous and substandard. M. Faulty Materials of Construction: All materials of construction. except those that are specifically allowed or approved by the building code and that have"been adequately maintained in good and safe condition shall be considered substandard. N. Hazardous or Unsanitary Premises. Those premises on which �ariaccumulation of weeds, g A vegetation, junk, dead organic matter,. debris, garbage,o�ffal, rodentdliarborages, stagnant water, combustible materials, and similar materials or conditions that constitute' a fire hazard, health hazard, safety hazard, or a public, nuisance shall bet n idered hazardous substandard. All 0 exterior property and premises, and the interior of everystructure, shall be free from any accumulation of rubbish or garbage. Every occupant of a structure shall dispose of garbage and rubbish in a clean and sanitary manner by plaong such gar bageand rubbish in an approved container or disposal facility. Any accumulated garbage and rubbish shall be placed out for collection for the authorized waste disposal agent of the c' at a minimum of 1 time per week. O. Inadequate Exits. All buildingsQ&r"ilp ortions tliereofnd provided with adequate exit facilities, except those buildings or portio s thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase n�oc�, upant load, alteration or addition, or any change in occupancy shall be. considered substandardV'Ahen an unsafe condition exists due to lack of or improper location of,exits, additional exits may be required to be installed. P. Inadequate Fire Protection or Fire= Fighting Equipment. All buildings or portions thereof not provided with fire construction or fire - extinguishing systems or equipment required by the building and fire code, except " those buildings or portions thereof that conformed to all applicable laws at the time optheir construction and whose fire- resistive integrity and fire - extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy shall be considered substandard. Q. Improper Occupancy.. All buildings or portions thereof occupied for purposes not designed or intended to be used for those occupancies shall be considered substandard. R. Premises Identification. '.Buildings shall have approved address numbers placed in a position to be plainly legible.and visible from the street or road fronting the property. These numbers shall contrast with their'background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high, with a minimum stroke width of 0.5 inch (12.7mm). 15 Iq Exception: Rural residential buildings shall not be required to,comply with this section, provided such buildings have a form of building identification that,has been 'approved by fire code official 1.10.085 Residential buildings and structures maintenance 'standards. A. General. In addition to the general property maintenance standards specified in Section 1. 10.075 of this chapter, all buildings, common area, or portions thereof used, designed, or intended to be used for human habitation shall comply with the requirements of this section. B. Foundations,. Exterior Walls, Doors Windows, Roofs, Mechanical Equipment, Electrical, and Plumbing. Foundations, exterior walls,, roofs, and mechanical equipment shall be free from deterioration or blighting conditions and shall conform to the following requirements: 1. Foundation. The building foundation shall be free from deterioration, maintained in a plumb and safe condition, be capable of supporting the load which normal use may place thereon, be free from open cracks and breaks and be kept in such a condition'oso as to prevent the entry of rodents and other pests. 2. Exterior Walls. The exterior walls shall be free from condtion§ contribute to the deterioration of the structure or otherwise present a deteriorated or blighted condition. Exterior walls shall be substantially weather tight, weatherproof, free from dry rottand mildew, and shall be maintained in sound condition and good repair to prevent infestation. Windows of I N C occupied structures shall not be boarded and glazing m�. and doors shall be properly maintained. Chipping or peeling paint may not exceed twenty =five percent of a surface area of any building component visible from public property. All ekteriof surfaces other than decay - resistant materials shall be protected from theelementsby painting or other protective covering according to manufacturer's specifications. Chimneys andsimilar appurtenances shall be structurally safe. 3. Doors. Exterior doors shall wb fitted1` curely in�their frames and shall be substantially weather tight with operable locks. Each exterior door shallbe equipped with a deadbolt lock designed to r. . ,, be operable from the inside mithout the need foT'a key or special knowledge. All deadbolts shall have a minimum throw of 1 inch: Evevmtscreen door used for.insect. control shall have a self- closing device in working`conditidn 4. Window Ext eior windows shall befitted securely in their frames and shall be substantially may, „� . weather- tight with operable locks if locks are present. Operable windows within 12 feet above a walking surface below shall be�equipped with a window sash 'locking device designed to be operable from the inside without the need for a key or special knowledge. Window screening of <r not less than 16 mesh per inch shall be required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored and shall be maintained in good condition. 5. Roofs. Roofs shall be maintained in a safe condition and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from conditions that contribute the deterioration of the structure or otherwise present a deteriorated or blighted appearance. Broken, rotted, split, curled, or missing roofing material shall not exceed ten square feet of any roof. Canopies and awnings shall be properly anchored and maintained. Roof water shall not be. discharged in a manner that creates a public nuisance. 6. Mechanical Equipment. Heating, ventilating, air - conditioning, evaporative cooling equipment, and their mounting apparatus shall be maintained in an approved manner, and in a condition free 16 0 from excessive accumulation.of scale, rust, corrosion or mineral deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or unattached heating ventilation and air conditioning (HVAC) equipment and mechanical equipment and.; associated apparatuses shall be removed from the structure. Equipment shrouds, enclosures, and similar protecting housing components integral to a piece of equipment shall be installed; anchored, and properly maintained. 7. Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe, functional, and approved manner. 8. Plumbing Equipment. All plurribing equipment, piping and fi xtures shall be installed and maintained in a safe, sanitary, functional and approved manner. 9. Outdoor Stairs, Porches, Guardrails, Handrails, and Similar.Railings. All outdoor stairs, porches, guard and hand rails shall be adequate for safety. Every stair and porch shall be maintained in an approved manner, structurally sound and safe condition. The support for railings, stairs, and porches shall be maintained in an approved manner, structurally sound and safe condition. Every stair and porch, and any appendage there' �shall be maintained in an approved manner, structurally sound and safe condition, and'capable of supporting a load that normal use may place thereon. C. Room Dimensions. 1. Existing Buildings. Buildings and portions thereof existence at the trine of the adoption of this chapter are not required to be modified to comply w,AII this section and may have their existin g use or occupancy continued rovided the construction legal at p y provided use or occupancy y was g the time of original construction and further provided the continued use or occupancy is not V,; v dangerous to life, health, and safety. a nfa 2. Ceiling Heights. Habitable space s a hall have ceiling 'height of not less than seven feet except as otherwise permitted in this section: Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less'than ,, seven , feet measured to the lowest projection from the ceiling. Where exposed beam ceAin members are spaced at less than forty -eight inches on center, ceiling height shall i b�e measured to the =bottom of these members. Where exposed beam ceiling members are spacedatforty -eight inches or more on center, ceiling height shall be measured to the bottom of the deck4support d by these members, provided that the bottom of the members is not less tl an seven feet above the floor. If any habitable space has a sloping ceiling, the prescribed ceiling height for the room is required in only one -half the area ther.'eofNo portion of the room measuring less than five feet from the finished floor to the finished iling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two.- thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet. 3. Floor Area. Dwelling units and congregate residences shall have at least one room that shall have not less than one hundred twenty square feet of floor area. Other habitable rooms, except kitchens, shall have an area. of not less than seventy square feet. Exception :_ Nothing in'ths section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements: a. The unit shall have a living room of not less than two hundred twenty square feet of floor area. An additional one hundred square feet of floor area shall be provided for each occupant of such unit in excess of two; b. The unit shall be provided with a kitchen sink, and cooking appliance. If a refrigerator is provided, it must be maintained in a safe and operational condition. Each sink, cooking 17 021 appliance or refrigerator shall have a clear working space of 'not less than thirty inches in front, except ADA accessible units, which shall meet the working space requirements of those units. Light and ventilation conforming,to this code shall be provided and c. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower. 4. Width. No habitable room other than a kitchen shall be less than seven feet in any dimension. Kitchens shall have a clear passageway of not less than 3 feet between counterfronts and appliances or counterfronts and walls. Each water closet shall be: located in a clear space not less than thirty inches in width and a clear space in front of the water closet of not less than twenty - four inches shall be provided. D. Light and Ventilation. 1. General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is.open and unobstructed and provides,an openingiof not less than one tenth of the floor area of the interior room . or twenty -five square feet, whichever is greater. Exterior openings M, for natural light or ventilation required by this section shall OpeilPffirectly onto a public way or a yard or court located on the same lot -as the building. � Exceptions: a. Required windows may open into a roofed porch where the (1) Abuts a public way, yard, or court, (2) Hasa ceiling height of not less than seven feet; and (3) Has a longer side at least sixty- five percents "open and unobstructed. b. Skylights.'' 2. Light. Guest rooms and habitable rooms within a dwelling unit or a congregate residence shall be provided with natural light bymeans of exterior glazed openings with an area of not less than one -tenth of the floor area of such rooms with a minimum of't'en square feet of opening area. 3. Ventilation. Guest rooms andlhiabi "tablerooms within a dwelling unit or congregate residence shall be provided with natural ventill at ion b�ymeans of exterior openings with an area of not less than one - twentieth ofAe floor area ofsuch:rooms with a minimum opening of five square feet of area. Such openings shall be capable of be g opened so as to provide ventilation. Bathrooms, water closet,compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of exterior openings with an area of not less than one- twentieth of the floor areas of such roorn'ss,„ vitl a;minimum of one and one -half square feet of area. Such openings shall be capable of being opened- so as to provide ventilation. In lieu of required exterior - openings for natural ventilation in toilet rooms, bathrooms containing a bathtub or shower, or combination thereof, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The location of the discharged exhaust air shall be at least three feet from any opening into the building. 4. Hallways. All, public hallways, stairs, and other paths of exit shall be adequately illuminated at all times in accordance with the building code. 5. Luminaires. Every public, hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electric luminaire. E. Sanitation. 1. Dwelling Units, Lodging, Houses and Congregate Residences, Dormitories and'Fraternity Houses. Dwelling units, lodging houses, and congregate residences, dormitories and fraternity 18 � a houses shall be provided with a bathroom equipped with, facilities consisting of a water closet, lavatory, and either a bathtub or shower, or combination thereof. 2. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a safe and operational kitchen sink, and cooking appliance. If , a refrigerator is provided, it must be maintained in a safe and operational condition. 3. Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall: be connected to an approved water supply and provided with hotand cold running water necessary for normal operations. All plumbing fixtures shall be listed by' an approved listing agency. 4. Water Closet Compartments. Except in dwelling units, walls within two feet of urinals and water closets shall have a smooth, hard, nonabsorbent surface to a height of four feet above the floor. 5. Installation and Maintenance. All'sanitary facilities shall be and sanitary working condition. 6. Disposal of Rubbish and Garbage. All exterior property and structure, shall be free from any accumulation of rubbish orgy structure shall dispose of garbage and rubbish in a clean and'" , garbage and rubbish in an approved container or disp facil rubbish shall be placed out for collection for the authorized wc minimum of 1 time per week. F. Structural Conditions. Roofs, floors, w, buildings shall be capable of resisting any subjected as specified in the codes and sta and as specified in codes and standards re G. Weather Protection. Every habitable &b shelter for the occupants againstthe eiemf I. Mechanical Equipment. , g . 1. Heating. Dwelling units rooms, a and maintained in a safe raises, and the interior of every Every occupant of a iry,manner by placing such Any la6cumulated garbage and disposal agent of the city at a all other structural components of td°s to which they may be time of original construction, ng,shall be weather protected so as to provide as specified in subsection B of this section. residences shall be provided with permanently installed zhea facilities capable of maintaining a room temperature of 68T (20 °C) at a point three feet (nine fink urteen mm) above the floor in all habitable rooms. Such facilities shall be installed and.maintained in a safe condition: All heating devices or appliances shall be of an approved `type and utilized in accordance with their listing. Fuel - burning heaters without vents. toothe exterior are specifically prohibited. � 2. Combustion Air. Rooms and areas containing _fuel-burning appliances shall be provided with combustion air as required by the mechanical code. 3. Ducts. Duct systems shall be maintained free of obstructions and leaks and shall be capable of performing the required function. J. Electrical Equipment: All electrical equipment, wiring; and appliances shall be installed and maintained in safe working order and in accordance with the electrical_ code. All electrical equipment shall be listed and approved for the intended use.. Every bathroom shall have at least one receptacle, that has ground fault circuit interruption protection. K. Exits,. Emergency Egress, and Interior Doors. 1. Exits. All buildings, or thereof shall be provided with properly maintained exits, exit corridors, exit passageways, and appurtenances as required by the building. code. Dwelling units and guest rooms shall have access - directly to the outside or to an exit corridor or exit passageway. 19 63 2. Emergency Egress. Sleeping rooms below the fourth story shall:'have at least one operable window or exterior door approved for emergency escape or rescue. The window or door shall have the ability to be opened from the inside and any security .bars or grills protecting such openings shall .comply with subsection X of this section. 3. Interior doors. Interior doors shall be fitted securely in their frames and shall be in sound condition. Interior door locks shall not require the need for a key or special knowledge. Firewall doors shall be self - closing and self latching L. Fire Protection. All buildings or portions thereof shall be provided with the degree of fire- resistive construction as required by the building code for the appropriate occupancy, type of construction, and location on property; and shall be provided with the appropriate fire - extinguishing systems or equipment as required by the building code and fire code. All fire - resistive construction required by the building code shall be maintained. M. Substandard Residential Buildings., Any building or portion thereof or the premises on which AN the same is located in which there ex'is'ts any of the following conditions shall be deemed and hereby declared to be a substandard building. d 1 1. Habitability,and Sanitation. Buildings or portions thereof shalEbe deemed substandard when JN any of the following conditions exist: a a. Lack of, or'improper operation of, water closet, lavatory, bathtub, or shower; b. Lack of proper kitchen sink, l sink,or c appliances, orimproper operation of kitchen sink, cooking appliance or refrigerator; d. Lack of required hot and cold running wafff tto plumbing fixtures; e. Lack of adequate heating facilities N, f. Lack of, or improper operation of, required ve Elationegmprnerit g. Lack of minimum amounts of,natural light and,ventilation.required by this code; h. Room and space dimensions less than required by this code. However, a condition that would require the displacement of sound walls or ceilings to meet height length, or width requirements . W. for ceilings, rooms, and dwelling units shall�not by itself be, considered sufficient existence of dangerous conditions <makingza building substandard, unless the building was constructed, altered, or convertedn violation of those�equirements in effect at the time of construction, alteration, or conversion; i. Lack of required electric l lighting; j. Dampness in habitable rooms, V k. Infestation of insects, vermin, or rodents; 1. General dilapidation or improper maintenance; m. Lack of connection to a required sewage disposal system n. Lack of adequate garbage and rubbish storage and removal facilities; o. Lack of connection to public utilities`that are essential to maintain'heating, plumbing, and electrical fixtures and appliances in a working condition. N. Structural Hazards. Buildings or portions thereof shall be deemed hazardous and substandard when they are, or contain, structural hazards. Structural hazards shall include, but not be limited to, the following: 1. Deteriorated or'inadequate foundations incapable of supporting the load which normal use may place thereon; 2 Defective or deteriorated flooring or flooring supports 3. Flooring or floor supports of insufficient size to carry imposed loads safely; 20 02 4. Members of walls, partitions or other vertical suppo that split, list (to lean), or buckle due to defective material or,deterioration;. 5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads safely; 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration; 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads safely; 8. Fireplaces or chimneys that list (to lean), bulge, or settle due to defective material or deterioration. O. Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, or is not currently in good and safe condition and working properly shall be considered hazardous and substandard. P. Hazardous Plumbing. All plumbing, that does not conform to alf"a laws in effect at the time of installation, has not been maintained in good condition, is not currently in good and safe condition or not working properly, or is not free of.cross connections and siphonage between fixtures shall be considered hazardous and substandard. Allwater heaters require seismic strapping on the bottom one - third. and top one -third of the, umt An.approved combination temperature and pressure- relief valve and valve�relief discharge pipe shall be properly installed and maintained on water heaters � "N Q. Hazardous Mechanical Equipment. All mechanical equipment including vents that do.not conform to all applicable laws in effect at th�etime of instal la iron "that has not been maintained in good and safe condition, and is not currently in good and safefcondition and working properly, shall be considered hazardous and substandard. , ov R. Fire Hazard. Any building orpo ion thereof,�Ndevice, apparatus, equipment, combustible waste, or vegetation that is in noncoAhance with the fire code to the extent that the fire chief or "designee" has determined the noncompliance condition is unsafe, or that a fire or explosion could occur as the result of said nOff' omphance shall be considered hazardous and substandard. In addition any condifi n the; I f" ! chief or "designee" has determined provides a ready fuel to `�S M augment the spread and intense . fire or explosion arising from any cause shall be considered hazardous and substandard. S. Faulty Materials of Construction: All materials of construction except those that are specifically allowed or approuedby the'building code and that have been adequately maintained in good and safe condition shall be considered hazardous and substandard. T. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions that constitute a fire hazard, health hazard, safety hazard, or a public nuisance shall be considered hazardous and a public nuisance. U. Inadequate Exits. All buildings . or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities' conformed with all applicable laws aillic time of their construction and that have been adequately maintained- and increased in.relation to any increase in occupant load, alteration or addition, or any change in occupancy shall be considered hazardous and substandard. When an unsafe condition exists due to lack of or improper location of exits, additional exits may be required to be installed. V. Inadequate Fire - Protection or Fire- Fighting Equipment. All buildings or portions thereof that 21 0?5 are not provided, with fire - resistive construction or fire - extinguishing systems or equipment required by the building arid. fire code, except those buildings or. portions thereof that conformed to all applicable laws at the time of their construction and whose fire- resistive integrity and fire - extinguishing systems or equipment,have been adequately maintained and' improved. in relation to any increase in occupant load, :alteration or addition, or any change in occupancy, shall be considered hazardous and substandard. W. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or, dining purposes that were not designed or intended" to be used for those occupancies shall be considered substandard. X. Inadequate Emergency Egress. Bars, grills, covers, screens, or similar devices are not permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve sleeping rooms, unless the minimum net opening dimensions required for escape. arid rescue openings are maintained. Such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. �� Y. Smoke Alarms. Smoke alarms shall be installed and mairiiainedin all buildings, common areas, or portions thereof used, designed, or intendedto,be used for habitation. During 10 �. construction, smoke alarms shall receive their primary power -from the`�building wiring and shall be equipped wither battery backup. Wiring shall be"Rpermanentand without a disconnecting switch other than as required for overcurrent protect ion:�®ne smoke alarm shall be installed at each of the following locations: �na� 1. On the ceiling or wall outside of each �sepaf ate sleeping areak,in "the immediate vicinity of bedrooms. ' 2. In each room used for sleeping-, purposes. ,> 3. In each story within dwelling izn t, including basements and cellars butnot.including crawl spaces and uninhabitable atticsIn dwellings or dwelling units with split levels and without an intervening door between the adj ac nt euels, a srn alarm'installed in the upper level shall suffice for the adjacent lower level provided thatthe lower level is less than one full story below the upper level. Exception: Smoke alarms are per rnittedto be solely battery operated in buildings where no construction is takingplace, buildings that- are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available which could provide access for building wiring without the removal of interior finishes. Z. Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting; the property. These numbers shall contrast with their background. Address numbers shal be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high, with a minimum stroke width of 0.5 inch (12,7mm). Exception: Rural residential buildings shall not be required to comply with this section, provided such buildings have a form of building identification that has been approved by the fire code official. 22 I'm CHAPTER 1.11 PROPERTY INSPECTIONS AND ABATEMENT 1.11.010 Authority to inspect property. An enforcement officer may, upon presentation of proper credentials, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts as may be related to the performance of his or her enforcement duties, subject to the procedures below. Inspections may include or involve the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and /or conferring with any person(s) present at the affected property or location, as permitted by law and consistent with legally recognized privacy rights. If an enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the enforcement officer may enter the affected property or Acation without prior notification to the owner or occupant. In all other cases, an enfrceent officer shall give the T�Q owner and /or occupant, if the same can be located after reasonab`f&effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection. If an owner or occupant refuses entry after a request for entry has been properlymade or the owner or occupant cannot be located after reasonable effort, *the enforcement offic r shall seek an inspection warrant from a court of competent jurisdictiop,andthe costs of obtaining the inspection warrant shall be included as costs of abatement. 1. 11.020 Authority to obtain records. "I- In any enforcement action, the city attorney, enforcement officer, or hearing officer shall have the right and authority to request records from the responsible party or any third party that is, or may be, related to the matter• of ilie,enforcement,action, and to make copies of q @ the same (at the expense of the city ), m£ any manner authorized by law. tt 1.11.030 Authority to abate nuisance conditions. If an abatement order requires or authorizes the city to abate a nuisance condition or to correct any other violation ohis code, an" representative of the city may petition a court of competent jurisdiction fnr3an abatement warrant authorizing an enforcement officer or any employee, authorized agent, r =epresentative or contractor the city to enter onto any affected property to abate the nuisancecondition. An abatement warrant, as contemplated in this section, shall be requested in the same manner, and be in substantially the same form, as an inspection warrant. The costs of obtaining the abatement warrant may be included as costs of abatement. The city shall seek the consent of the responsible party or owner to allow the city to perform the necessary work prior to seeking an abatement warrant from a court. 1. 11.040 Execution of inspection warrant or abatement warrant. Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the enforcement officer shall. cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56. 1.11.050 Recordation of notice. 23 o?-7 A. Whenever the code official. or designated representative determines that.a nuisance, as defined in this code, exists, the code official or designated representative may submit for recordation a notice of code violation or notice of substandard conditions with the office of the county recorder. The code official or designated representative shall notify the owner of record, as shown on the most recent tax roll, of the recordation. B. The owner may request an appeal hearing before an administrative hearing officer per the procedures set forth in section 1.14.0.70. All hearings shall be conducted pursuant to the procedures set forth in Sections 1.14:090 and 1.14.100. C. At such time as the code official or designated representative determines that the nuisance has been corrected or removed, the code •official or designated representative shall cause a release of notice of code violation or substandard conditions to be recorded in the office of the county recorder. A fee, as set forth by resolution of the city council, may be charged to the property owner for preparation and recordation of a release of notice of code violation or substandard conditions. CHAPTER 1.14 NOTICE OF VIOLATION 1.14.010 Authority of enforcement officer. , An enforcement officer shall have the authority to power to issue a notice of violation ("NOV") as d( private property, the power to record a- notice of v Ni violation, and the power to carry out the provision 1.14.020 Notice of violation. A. Whenever an enforcementi including but not limited to a agreement, entitlement, permii behalf of the city or the'Petalu with any other laws the violati elects to pursue administrative may issue the responsiBl`epart the manner described in subse, ice with this code, including the the power to inspect public and f any property related to the ent order. r fifids that a provision of this code has been violated, tol comply with a term or condition imposed by any t4 +tF Use or environmental document issued or approved by or on 1 4 1 )in munity development commission, or a failure to comply which constitutes a nuisance condition, and such officer rcement pursuant to Chapters 1'.10 through 1. 16, he or she 10V. Such NOV shall be served on the responsible party in B of this section. The enforcement officer shall include the following information in the 'NOV: 1. The date and, location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the. conditions observed that constitute a violation; 2. The name(s) of responsible party(ies), if known; 3. The code section(s) being, violated and a description of the section(s); 4. Actions required to correct, abate or mitigate the nuisance condition or code violation, and a period of time during which action(s) shall be commenced and completed, considering the factors listed in Sect ion, 1.1.4:040; 5. An order prohibiting the continuation or repeated occurrence of a nuisance condition or violation of this code described <in the NOV; 6. Exceptwhen;the enforcement officer orders the responsible party to appear at a hearing to show cause pursuant to Section. 1.14.030, a statement that the person upon whom the NOV is 24 M . 1 served may appeal the determination that there is /are violation(s)' as alleged, that the person who was served with the NOV is the responsible party, or that thel amount of any , administrative fine imposed is warranted. The NOV will instruct the person being served as to the proper procedure and time frame for submitting an appeal; 7. If applicable, notice that failure to corrector abate the listed violations in the NOV within the time specified will subject the responsible party to a penalty pursuant to Section 1.14.050. If a penalty will be imposed, the NOV shall include the amount of the penalty; 8. The signature of the citing enforcement officer and city contact information (address, telephone number) for additional information. B. The NOV shall be served, upon the - responsible party or owner personally or by United States mail, first -class postage prepaid and if by such mail, it shall be sent to the last known address listed on the most recent tax. assessor's records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first -class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first -class mail, a copy of the NOV shall be conspicuously posted at the affected property when reasonably practicable for a period ofr of less than three calendaMays prior to the first date that �q��uH commencement of corrective action or abatement is to beundertakenIThe failure to receive an NOV sent via first - class snail shall not affect the validity of any enforcement proceedings under Chapters 1.10 through 1.16. a C. Proof of service shall be certified by written declarati n under penalty of perjury executed by the person effecting service, declaring the date, time, and manner of service, and the date and place of posting, if applicable. The declarationtshall be affixed to'a copy of the NOV and retained by the enforcement officer.�a; °� D. The failure of an NOV to satisfy all, of the re�qulrementsof this provision shall not affect the validity of any other enforcemei roceedings under this °code. 1.14.030 Order to show causehH`earing Subject to the provisions of Sections l 14.O10 1.14.020, any NOV issued by an enforcement officer may include an order requiring the responsible party to appear at a hearing to show cause r why such nuisancecondition or other code violation should not be abated by the city at the responsible party's expense. Such 'hearing, shall be referred to :as ;an order to show, cause hearing, or OSC hearing. All OS&ialhearmgsshall be conducted pursuant to the procedures set forth in Sections 1.14.090 and 114 ,;and subject to all of the provisions of this chapter. 1a0,�0 1.14.040 Time allowed for abatement. In any NOV or abatement order issued, the time allowed for abatement shall be a "reasonable time" based upon the circumstances of the particular violation, taking into consideration the means required to abate the;violation, the period of time that the violation has existed, and the potential threatto public health and safety created by the violation. If the violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning issues and does not pose, an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the responsible party shall be provided not less than fifteen days in which to abate or otherwise remedy the violation. The determination of timely compliance, abatement, mitigation, or elimination of the violation shall be made by the enforcement officer, hearing officer, or other authorized city official. 25 MAr 1.14.050 Imposition of penalties. Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or condition imposed by any agreement entitlement permit, license or environmental document issued or approved by or on behalf of the city or the Petaluma community development commission, or a failure to comply with any county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city's general police powers and /or Government Code Sections 36901 and 530'69:4. Whether to impose a penalty shall be within the discretion of the enforcement officer. A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall not exceed the amounts set forth in Government Code Section 36900(b), as amended from time to time. The amount of any penalty that may be imposed for all other violations (i.e., violations that would otherwise be misdemeanors) shall novexceed one thousand dollars per day. In determining the amount of a penalty, the follow. ing factors should be taken into consideration: Duration of the violation; 2. Frequency, reoccurrence, or number of violations by 3. Seriousness of the violation and /or its impact on the culpability of the responsible party; 4. Justification, if any, for the existence,, or continuance 5. Whether the violation is susceptible to restoration of 6. Good faith efforts to mitigate the violation or to com of the NOV or abatement order; 7. Sensitivity of any affected resource;�� 8. Any profits or other economic benefit realized4by the indirectly, from the violation��� or the degree of mitigation; compliance, pursuant to the terms party resulting, directly or 9. The city's schedule of adrniiiistratiue penalties; ,and tied fl,�H �u 10. Such other factors as J ustice may re uire B. Each and every day ling a a�ny poion of which a nuisance condition exists or continues may be deemed a separateand distifnct v'i'olation for purposes of setting the amount of penalty to be imposed. Any penalty imposed Will ace e on a daily basis from the date the penalty becomes effective until the violation is corrected. C. Any penalty amoun "is debt owed to the city. In addition to all other means of enforcement, a penalty may be enforced personal obligation of the responsible party. If the violation is in connection with real ro ert� penalty may also be enforced b imposition of a lien or special p P Y p Y Y Y p p assessment upon the real property, as described in Section 1.14.140. Any lien or special assessment imposed upon real property shall remain in effect until the penalty is paid in full. D. The hearing officer, in his /her discretion, may suspend the imposition of any applicable penalty for a period of time not to exceed sixty days during: which the responsible party has demonstrated a willingness ; to correct the violations listed in the NOV or comply with an abatement order, or has - app' for permits required to achieve compliance and such permit 'applications are actively pending before, or have already been issued by, the city, the state, or other appropriate 'governmental agency, or under any other circumstances that would justify a suspension of the penalty. 1.14.060 Payment and ,collection of penalty. 26 30 A. If a penalty is imposed and the "responsible party fails to appeal the penalty as specified in Section 1.14.070, the responsible party shall pay the amount of the penalty within thirty days of the effective date of the penalty, unless an extension.of time is requested by the party against whom the penalty is imposed and the ~:request is granted by the city manager. Any penalty imposed shall be payable to the city, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C of this section. B. If the amount of any penalty imposed for a violation relating to an affected property has not been satisfied in full within sixty days of the date due and has not been successfully challenged by appeal or in court, the penalty amount may become a special assessment or lien against the affected property, as provided in Section 1.14.140. If the city elects to make any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that might be recoverable as part of the enforcement action, shall be prepared and submitted to the city, council for confirmation in accordance with the procedures described in Section 1.14.130. C. Notwithstanding subsection B of-°`this:section, the amount ofany unpaid penalty may be collected by commencement of a civil action to collect such enalty, or in any other manner provided by law for the collection, debts, including assig ent o�t n he debt to a collection agency. Subject to the requirements of Chapters 1 104hrough 1..16 and" other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The city shall be entitled"to recover any and all costs associated with. collection of any such penalty. D. The payment of a penalty by or .on behalfof any responsible party shall not relieve such party from the responsibility of correcting, removing NMI tmg the nuisance condition, or performing u restoration where required, nor prevent furtherproceedings under Chapters 1.10 through 1.16 or any other authority to achieve th00drrection, removal or abatement of the nuisance, or any required restoration. E. Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this f� chapter on or before the date,At at penalty is due also shall be liable for the payment of any applicable late payment °charges setforthin�the schedule of penalties. 1.14.070 Appeahof'N V. a A. A person or entity named as the responsible party in an NOV may appeal the determination that there is /are violation(s) a P Y s alleged in the NOV that the person or entity who was served with the NOV is the responsible art that a penalty or amount of a penalty is warranted or any P, Y P other terms of an NOV. If an OSC hearing has been scheduled pursuant to Section 1.14.030, the OSC hearing shall serve as the appeal hearing authorized by this section. B. Any person appealing an NOV must obtain a "Request for Hearing" form from the City Clerk's Office; ,located at Petaluma City Hall, 11 English Street, Petaluma California, 9495,2, and return it to the City Clerk's: Office, fully completed within :fifteen days from the date of service of the NOV. C. At the time of returning the request for hearing form to the City Clerk's Office; the person or entity requesting the appeal hearing shall deposit in advance the amount of any imposed fine. No appeal shall proceed without payment of the applicable fines at the time the appeal is filed; provided, that, the city manager may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good- faith attempts to comply. 27 2( D. Failure to timely submit a completed request for hearing form or to pay the advance deposit of any fine constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. 1.14.080 Enforcement stayed during appeal. Enforcement of an NOV or penalty shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, unless the city obtains an order from a court of competent jurisdiction requiring or authorizing the abatement of the condition that is the subject of the city's enforcement efforts. 1.14.090 Appeal hearings. A. An appeal hearing based on, a request for hearing shall be set for a date not less than ten days nor more than sixty days from the date the request for hearing form is filed unless the enforcement officer determines that the matter is urgent or that kcause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.°�� B. A hearing under authority of this section shall be cond'ucied according to the procedures set forth_herein. The failure of the responsible party or other interested party' to appear at the hearing following proper notice shall constitute a waiver of the .rig0l",to be. heard and a failure by such I party to exhaust his /her administrative remedies. 1. When a request for hearing is filed, the City Clerk's Officer ,or their designee shall set the time and place for hearing pursuant to subsection, .A of this section, and shall serve a notice of hearing either personally or by U.S. mail, first -class ; postage prepaid, to the appellant at the address provided in the request for hearing form. The firnePfor such hearing shall be no sooner than ten days from the date of servi'cetof the notice of hearing. 2. At the place and time set f rth in they notice oRhearing, the hearing officer shall conduct a u , Bearing on the alleged viola 10 ny responsible "party or other interested person(s) may appear bV Ii 9F i and offer evidence as to whether a violation �� ' ha s occurred and /or whether the violation continues to exist, whether the person citedin the�eOV is the responsible party for any such violation, whether a p enalt y of4he amountlof a penalty is warranted or any other matter pertaining thereto. 4o- J Evidence presented by the enforcement officer or other official of the city tending to show that a violation occurred and th e person named on the NOV is the responsible party shall establish AV a prima facie case that a violationas charged, actually existed and that the person named in the NOV is the responsible party for`the violation. The burden of proof shall then be on the responsible party to refute such evidence'. The standard. to be applied for meeting such burden shall be a preponderance of evidence. 3. The hearing off cer.shall consider written or oral testimony or other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the hearing officer, but formal rules governing the presentation and consideration of evidence shall not apply. 4. The hearing officer shall conduct the hearing, order'the presentation of evidence, and make any rulings necessary to address'procedural issues presented during the course of the hearing. 5. After receiving all of the evidence presented, the hearing officer may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration. 3), 1.14.100 Decision of the hearing officer and abatement order. A. Within ten days following the conclusion of the hearing, the hearing officer shall make a decision regarding the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the evidence. After making a decision, the hearing officer may issue an abatement order. If the hearing officer finds that no violation occurred, that the violation was corrected within the specified time, period, or that the person cited is not the responsible party, the hearing officer may issue an administrative order to reflect those facts. B. The responsible party and any interested party requesting a copy of an abatement order or administrative order shall be served with a copy of said order in the same manner as used for service of a notice of hearing as described in Section 1.14.020(B). Proof of service of the abatement order or administrative order shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made. C. Subject to Section 1.14.080, above an abatement order shallalbecome effective and enforceable following the announcement or service of such ^order unless the order includes a later effective date. It shall include a statement of the right tolia e4 he orderjudicially reviewed in the manner and in the time frames specified in Section 114.1 I0. qa D. An abatement order may include any combinatioiiof the following re tidies: 1. Impose or uphold a penalty, subject to GovernmeritCode Sections 3b900(b) and 53069.4. 2. Issue a "cease and desist" order requiring the respons b arty, or any agent, representative, employee, or contractor of the responsible pa � to immediately.; any act, conduct, or condition that is a violation of this code. A cease anddesist order issued pursuant to this section shall be effective upon issuance and shall be se Re on the,responsible party in the manner specified in Section 1.14.020(B? 1 14 3. Require the responsible partfy_ co or eliminate any violation, including a proposed schedule for correction or elimmation,of said violation within a reasonable time. If a violation pertains to building, plumbing, electrical, or'any other structural or zoning issues and the violation does not create an immediate threat to hea or safety, the responsible party shall e ", provided at least fifteen calendar days to3correct, abate, or otherwise remedy the violation. 4. Require the respo Bible p authorize the city, to restore a site or location that has been damaged or disturbed a esult 0 violation of this code to a previolation Any order authorizing the city to undertakeolrestoration efforts shall include provisions for the city to recover all restoration costs and expenses, including administrative costs, from the responsible 9� party. 5. Require the responsible party, or authorize the city, to mitigate any damage or disturbance to protected. or environmentally sensitive areas as a result of any violation, including without limitation off -site replacement of damaged or destroyed natural resources where on -site restoration or mitigation is not feasible, as determined by the city. Any order authorizing the city to undertake mitigation efforts shall include provisions for the city to recover all costs of abatement, including mitigation costs and expenses, from the responsible party. 6. Impose conditions that restrict or regulate the development of, use of,:or activity on real property where a nexus exists between the violation(s) and the development, use or activity. Conditions may be imposed until the violations are fully abated. Restrictions and regulations on current or future development, use or activity may include site restoration and /or the suspension or revocation of any entitlements issued by the city. 29 33 7. Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party has refused or has otherwise neglected to take steps to correct or eliminate said conditions. The abatement order shall' specify that if the city undertakes to abate or eliminate any nuisance condition as provided in Section 1.11.030, the city° shalf be entitled to recover all costs of abatement incurred in performing such work and other costs' necessary to enforce-the order. Such costs may be recovered by the city as a personal obligation and /or through a lien or a special assessment on the affected property as provided in Section 1.14.140. .8. Sustain, modify, or overrule an NOV issued by an enforcement, officer. 9. Any other order or remedy that serves the interests of justice. E. The city may seek to enforce any abatement order by confirmation from a court of competent jurisdiction. Any abatement order that is judicially confirmed:may be enforced through all applicable judicial enforcement measures, including without limitation, contempt proceedings upon a subsequent violation of such order. 1.14.110 Judicial review. A. Any responsible party who is aggrieved by a decision o commission, department, agency, or•person authorized t6A pursuant to Chapters 1.10 through 1. 16, and who has exhai provided in this code, or any other applicable law,. hall ha such decision b film a p etition for writ of mandate in g acs p �i Section 1094.5. A petition for writ of mandate must be file administrative decision becomes final (as d 1094:6). Notwithstanding these time limits,, where a including that set forth in Govern m i, tWod such shorter time limit shall apply. B. Written notice of the time lirnhation m abatement order shall be given to the following form: I. in officer, or of a board, a decision on behalf of city the administrative remedies r=ight toNseek judicial review of with Code of Civil Procedure lety days after the Procedure Section sorter firy0lim tation is provided .by any other law, Section 53069:4 (see subsection E of this section), a party may seek judicial review of an parties in they _matter by the city in substantially "Judicial review of this decision in'ay be'"sought by follow-inga`.the procedure outlined in Code of Civil Procedure Sect of n� 1094.5 Judicial review must be sought not later than the ninetieth day following the date on which this decision becomes final ' except that where a shorter time is e provided by any state or federallaw, such shorter time limit shall apply." C. This section shall not be deemed to revive any cause of action or grounds for relief through a special that is barred bylaw or equity. D. All costs of preparing an administrative record that, may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner. ,E. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative rerinedies; provided �in this code or other applicable law may obtain judicial review of said penalty pursuantto Governinent Code Section 53069.4 by filing an appeal to the Sonoma County .superior court, ,subject °to the time limits described therein. Any such appeal shall be filed as a limited civil case. Written notice of the subject time limits shall be given to all responsible parties against whom a penalty is imposed in substantially the following form: 30 3 `I "The time within which, judicial review of the penalty imposed by order must be sought is governed by Government Code .Section 53069.4. Judicial review.must be sought not later than twenty days after service of the, order imposing or confirming such penalty." 1.14.120 Recovery of costs of abatement. The .city may elect to recover; its' costs to abate nuisance conditions or other code violations, including without limitation the costs of any appeals hearing, or OSC hearing (including staff time necessary to prepare for and attend,an appeals hearing or OSC hearing), any reinspections required to determine or confirm that compliance has been achieved, production of all staff reports, environmental tests or measurements that are deemed necessary or appropriate by the enforcement officer, third -party inspection(s) or consultant, services as deemed necessary by the city and any attorney's fees incurred in pursuing enforcement. If the city elects at the initiation of an administrative enforcement action or proceeding to seek recovery of attorneys' fees, pursuant to Government Code Section 38773.5(b), then the prevailing par<tty shall be entitled torecover attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the city in such action. Recovery by the city e of the costs of enforcemntt'�sha N 's in addition to any penalty imposed on the responsible party. 1.14.130 Cost accounts. a A. If any order authorizes the cityto abate a nuisance condition or other code violations, the city official responsible for such abatement shall keep an accounting of the cost of abatement along with any other recoverable costs, and shall render a written report ("the cost report) to the city council showing the cost of removing and /or abatingthe nuisance condition -and describing the work performed. The cost report` shall be agend�ized as V`public hearing" item by the city clerk at a subsequent city council meetmgfollowing the required notice periods. B. At least ten days prior to the` submission of thdl`�cost report to the council, the City Clerk's Office or their designee shall cause, a copy of the cost report to be mailed to the responsible party and /or to the owner of theproperty ere theniisance condition existed. If the nuisance O concerns real property, 'a copy of cost report shall be mailed to the owner(s) at the address shown for such owner(s) on the last tax r M. The City Clerk's Office or their designee shall also cause a notice of hear ing to be ma ed to the same person(s) or entity receiving a copy of the cost report. The notice of hearing shalh set'forth the date, time and location of the city council meeting at which the cost report shat be,sUbmitted to the city council. C. At the time and place fxe&for receiving and considering the cost report, the city council shall hear a summary of the cost report and any objections by the responsible party or property owner against whom such costs are being charged or against whose property an abatement lien or special assessment may be imposed. After considering the cost report and any objections thereto, the city council may make such modifications to the cost report as it deems appropriate, after which the report may:bei confirmed by order of the city council. D. A copy of a counei' order confirming costs against ;the responsible party shall be served on the responsible party within ten days of such order in the manner described in Section 1.14.020(B). Any responsible party against whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial review of such order by fling a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. 1.14.140 Imposition of liens or special assessments. 31 3S A. Any penalty imposed for violations of this'code, including any other codes or statutes that have been incorporated into this code any administrative costs or other expenses of enforcement, and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.10 through 1. 16, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the office of the Sonoma County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and /or owner of record of the parcel of land on which the nuisance existed, based on the last equal ized,assessment roll or the supplemental rolrl,'whichever is more current. The notice of lien shall be served in'the same manner as a sum ons -in a civil action. If the owner of record cannot be found, after a diligent search, the fkho t ice „of lien may be served by posting a copy thereof in :a conspicuous place upon the A property forra period of ten days and publication thereof in a newspaper of general circulation published in Sonoma County. A 9�. lu � C. Any fee imposed on the city by the county record' for costs of processing and recording the r p a lien as well as the cost of providing notice to the ownerkilha in anner described herein may be recovered from the owner in any foreclosure action to enforce the lien follow. ing recordation. D. As an alternative to the lien procedure described above, anypenalty imposed for violations of this code, including any other codes or statutes that have been rico"iporated into this code and any costs of enforcement or administration or expenses •associated with the abatement of any nuisance levied in accordance th -.. ha ters 1.10 ia th 1.16, whether imposed or levied judicially y� „ a ,j p l,assesstnent against the real property where the nuisance condition(s) existed `Any special assessment imposed on real property pursuant to this section may be coll d at the same time and in the same manner as ordinary municipal taxes are collected, an d sha11 bells ub ecti the same penalties and the same procedure and sale in case of delinquency as.is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail and shall' contain thenformation set forth in Government Code Section 38773.5(c). All laws appl cable.to the levy, collection and enforcement of municipal taxes, including those described in overnnient Code Section 38773.5(c), shall be applicable to such special assessment. Footnotes 'An NOV is not required if the enforcement officer determines that summary abatement is required, pursuant to Chapter 1.15. CHAPTER 1.15' SUPPLEMENTARY ENFORCEMENT AUTHORITY 1.15.010 Summary abatement procedure. 32 3� Notwithstanding any other provision of this. code, whenever, in the reasonable judgment of the enforcement officer, the existence or continuance of any violation of this code or any nuisance condition -poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, an enforcement officer may act immediately and without prior notice or hearing to abate such. violation or condition. The expense or cost resulting from such 'summary abatement shall be enforceable as a personal obligation of the responsible party and may be imposed as a lien or a special assessment on real property, as described in Section 1.14.140. 1.15.020 Enforcement methods provided herein not exclusive.. Nothing in Chapters 1.10 through 1.16 shall prevent the city from initiating any other legal or equitable proceeding to obtain compliance or to discourage noncompliance with the provisions of this code. The enforcement .procedures described in Chapters 1.10 through 1.16 are intended to be alternative methods of obtaining compliance or discouraging noncompliance and are expressly intended to be in addition to any other remedies provided "by law or this code. It is the intent of the city council that. the immunities prescribed, in Pen de Section 836.5 and Government Code Section 820.2 shall be applicable to the enforcernent officer, and any other p ublic officers or employees ctin y in the course and sco e of em to ment pursuant to Chapters p a . g' p P y p p 1.10 through 1.16.��� �R 1.15.030 No mandatory duty of care. Chapters 1.10 through 1.16 are not intended to impose,. and shall not be construed or given effect in a manner that imposes upon the city, or anyiofficer, employeefagent, or representative of the city, a mandatory duty of care toward personsor property within and without the city limits, so as to provide a basis of civil liability for damages,�except as may otherwise be imposed by law. Chapter 1.16 ADMINISTRATIVE CIT 1.16.010 Applicabiht�:�� This chapter provides for adminisrativecitations which are in addition to all other legal remedies, administrative, criminalor civil, which may be pursued by the city to address any violation of this code or other public nuisances. 1.16.020 Administrative citation: A. Whenever an:enforcement officer charged with the enforcement of any provision of this code; determines that a violation of that provision has occurred, -the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. B. Each, administrative citation shall contain the following information: 1. The date of the violation; 2. The address or a definite description of the location where the violation occurred; 3. The section of this code-violated and a description of the violation; 4. The amount 'ofthe.penalty for the code violation; 5. A :description of the - penalty= payment process; including a description of the time within which and`the place to which the penalty shall be paid; 6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative Citation; 33 37 7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a- request for hearing form to contest the administrative citation may be obtained; and 8. The name, signature and department of the citing'enforcement officer. 1.16.030 Amount of penalties. A. The amounts of the penalties for code violations imposed -pursuant, to this chapter shall be set forth in a schedule of penalties established by resolution of the city council. B. The schedule of penalties shall specify any increased penalties for repeat violations of the same code provision by the same person or responsible party.. . C. The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date. 1.16.040 Payment of the penalty. A. The penalty shall be paid to the city within thirty days citation. B. Any administrative citation penalty paid pursuant to 'sy refunded in accordance with Section 1.16.080(E) if itfis�det( person charged in the administrative citation was not = vspor was no violation as charged in the administrative citat" C. Payment of a penalty under this chapter shall not excu repeated occurrence of the -code violation th'a is the subject 1.16.050 Hearing request. A. Any recipient of an administ code, or that he or she is the resp( not warranted based on the parts, and returning it to the City„ citation, together withoan - hardship waiver haseen o administrative services,. date of the administrative this section shall be ed, after a hearing, that the for theuiolation or that there discharge any continuation or 1e administrative citation. dtation may contest that there was a violation of this party, or that .the amount of a penalty is excessive or is aumstances, by completing a request for hearing form L ith n fifteen days from the date of the administrative A of the penalty, except where an advance deposit ordance with procedures adopted by the director of B. A request for hearing form maybe obtained from the City Clerk's Office. C. The person requesting ;the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. D. Additional Reports. If the enforcement officer submits an additional written report concerning the ;administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing. 1.16.060 Administrative hearing officer. The city manager shall designate administrative hearing officers who shall conduct any hearings on contests to administrative citations. 1.16.070_ "Hearing procedure. A. No hearing to contest an'administrative citation before an administrative hearing officer shall be held unless the',penalty has been deposited in advance in accordance with Section El 1. 16.050 or an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the director of administrative services. B. A hearing before. the administrative hearing- officer shall beset for a date�that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. C. At the hearing, the party contesting the administrative citation, the enforcement official(s), witnesses, and any other interested parties shall be given the opportunity to testify and to present evidence concerning the administrative citation. D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust their administrative remedies. E. The administrative citation. and any report submitted by the code enforcement official to the administrative hearing officer shall constitute prima facie evidence, of the respective facts contained in those documents. F. The administrative hearing officer may continue the 1 additional information from the code enforcement official citation prior to issuing a written decision; provided, thatl more than fifteen days. 1.16.080. Administrative hearing officer's decision. A. After considering all of the testimony and evidence sl fifteen days after the conclusion of the hearing, the admini written decision regarding the administrative citation and that decision. The decision of the administrative hearing o review of that decision is rf B. The administrative he, received the administrative accordance with the timelii C. If the administrative r h upheld, then the penalty an D. If the adnumstrat 4ve h with good cause, and request pient of the administrative shall not be continued for tted at the hearing, and within iye hearing officer shall issue a list in the decision the reasons for ices shall be final, unless judicial Chapter. ision shall include a statement that the person who est the decision by.filing a notice of appeal in snecified in Government Code Section 53069.4. determines that the administrative citation should be Vt with the city shall be retained by the city. determines that the administrative citation should be upheld and the penalty" enalty hasmot been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall set forth in the decision a schedule for payment of the penalty, which shall not extend more than one hundred and eighty days from the date of the decision. E. If the administrative hearing officer determines that the administrative citation should not have been issued, or that the amount of an administrative penalty should be canceled or reduced, and the original penalty amount was deposited with the city, then the city shall promptly refund the amount of the deposited penalty, together with any interest earned thereon by the city for the period of time that the penalty amount was held by the city. F. The recipient of the administrative citation shall be served with a copy of the administrative hearing officer's written decision by the hearing officer. 1.16.090 Late payment charges. 35 39 Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this chapter on or before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of penalties. 1.16.100 Recovery of administrative citation penalties and costs. The city may collect any past due administrative citation penalty or late .payment charge by use of all available legal means. The city also may recover its collection costs, and reasonable attorney's fees, in any civil action brought to collect administrative citation penalties and late payment charges. 1.16.110 Right to judicial review. Any person aggrieved by the decision of an administrative hearing officer on an administrative citation may obtain review of the decision with the Sonoma County Courts in accordance with the timelines and procedures set forth in California Government Code Section 53069.4. 1.16.120 Notices. A. Method of Service: The administrative citation and!all chapter shall be served on the responsible party eitherOby p by certified mail, return receipt requested. B. Real Property. When real property is involved m the administrative citation and all notices required to be given' responsible party and, if different, to the proerty,owner at to be given by this y first class mail, or afion, the original notice, the this chapter shall be served on the address as shown on the last �4 y equalized county assessment roll. The city may, in itsdiscretion; also serve notice on a tenant, a mortgagor or any other person having an interest tithe property. C. Failure to Receive Notice Thefailureof a person to r eceive a required notice shall not affect the validity of any proceedings taken underthis chapter." Section 2: Chapter 8.24 of Title 8 „ the Petaluma Municipal Code is repealed in its entirety P � , tea_ p P Y Section 3 . The City Council finds, that adoption of this ordinance is exempt from the California Environmental QuahtyAct ( "CEQA"), pursuant to Sections 1506.1(b)(3) (no possibility that the activity may have a significant impact on. the environment) and 15060(c)(3) (the activity is not a project as defined in Section 1 the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Reculation''s). Section 4 . If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional,-uiilawful.or otherwise invalid. Section 5 . This; ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. 36 qa Section 6 . The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and order posted /published this day of November, 2010. ADOP'T'ED this day of 2010 by the following vote: 1542177.1 37 Attachment 2 Due to the large amount of changes that are being made to these ,chapters, it was determined that a standard "strikethrough and underline" format would be too difficult to read. Therefore, staff has prepared the list of changes to Chapters 1. 10, 1. 11, 1. 14, 1.15, and 1.16: All Chapters All chapters have been updated to show the addition of Chapter 1.16 (Administrative Citations). ® Appeals and notices are now the processed through the City Clerk's Office or their designee rather than Community Development or the Police. This aligns with other appeals and official notices that are processed through the City. 9 Continuity changes to reflect changes of section numbers. Chapter 1.10 • Title and Purpose sections removed and replaced with General Provisions, Applicability, and Approval. • Added sections for: Unsafe structures and equipment, Emergency measures, Demolition, and Means of Appeal. • Updated and added definitions to cover property maintenance terminology and inoperative vehicles. • Added to General maintenance of property (PMC 1.10.075(D)) a height limit for weeds and grasses, vehicle parking regulations, trash cans stored in public view, `shopping carts stored in public view, the accumulation of dirt, yards that are not graded to prevent erosion and stagnant water build up. And three additional definitions of an unsafe structure (PMC 1.10.075'(1)). • Added new °sections to cover residential(P.MC 1.,1 0.085) and non- residential property (PMC 1. 10.080) maintenance. Chapter 1.11 © Adds section for Recordation of notice Chapter 1.14 ® Updates Payment and collection of penalty section to include the ability to charge a late fee. o Removed provision for requiring a $200 appeal fee prior to a hearing being granted. q Chapter 1. 16 ® Removed provision for requiring a $200 appeal fee prior to a citation appeal hearing being granted. X13 Existing code to be repealed in its entirety. CHAPTER 8.24 PROPERTY MAINTENANCE ORDINANCE Attachment 3 8.24.010 Statement of intent. The purpose of this ordinance is to prevent the visual blight that may often occur when commercial, industrial or residential rental buildings and lots are not adequately maintained and allowed to deteriorate to an unacceptable condition of public appearance. Such blight is a detriment to the health and, welfare of the city and can negatively affect the vitality of the local business community. The measures contained herein are intended to ensure that the building and grounds of any improved site (whether occupied or not) or vacant lot in a commercial, industrial or residential zone are maintained at an appropriate level in order to minimize vandalism, accumulation of trash, deterioration of the landscaping or other occurrences that contribute to the blighted appearance of the property and the overall area over time. (Ord. 2028 NCS § 1 (part), 1996: Ord. 1755 NCS §1, 1989.) 8.24.020 Definitions. A. "Building" means any structure or structures used for commercial, industrial or residential rental use, including accessory structures. B. "Owner" means any person. owning property as shown on the last equalized assessment roll of the Sonoma County Assessor, or the lessee, tenant, or other person having control or possession of the property. C. "Property" means improved or vacant commercial, industrial or residential rental real property including, but not limited to, front yards, side yards, rear yards, driveways, parking areas, sidewalks, fences and any.structures on the property. D. "Residential rental" means improved residential real property containing three or more residential units on a single parcel of land. (Ord. 2028 NCS §1 (part), 1996: Ord. 1755 NCS §l, 1989.) 8.24.030 Property maintenance standards. It shall be unlawful for any propert y owner in any commercial, industrial or residential zone to maintain or to allow to be maintained,such property in such a manner that-any of the following conditions are found to exist on the property. These conditions shall apply to vacant undeveloped properties in any commercial or industrial zone, and to any developed property or portion thereof on which a commercial or industrial business or businesses may be operating, or which have ceased operation and to any residential rental property. - A. The accumulation of dirt, litter or debris on.the property which.is visible from a public street. B. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and visible from .a public street. C. Packing boxes, lumber, junk, trash, salvage materials, or ,other debris kept on the property and visible from a public street: D. Abandoned, broken, or neglected equipment, machinery, refrigerators and freezers visible from a public street. E. Broken or discarded furniture and furnishings or shopping carts and related items stored on the property and visible from a public street. F. Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values or obstructing necessary view of drivers on public streets or private driveways. G. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. H. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street. I. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair in front yards, side yards, driveways, sidewalks or walkways and are visible from a public street. J. Buildings or portions of buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction, and such buildings which are unpainted or where the paint on the building exterior is mostly worn off and visible from a public street. K. Excavations which are abandoned, or left in a state of partial completion and visible from a public street. L. Demolition sites which are abandoned or fenced and left in a partial state of completion and visible from a public street. M. Any signs associated with the business or posted on the property and found to be in violation of Section 21.204 et seq. of the. Zoning Ordinance. (Ord. 2028 NCS § 1 (part), 1996: Ord. 1755 NCS §1, 1989.) 8.24.040 Violation and penalties. A. Potential violations of this ordinance may be identified through citizen complaint. Once a potential violation has been identified, it shall be the responsibility of the planning department working in conjunction with the chief building official,. fire marshal, police chief, city attorney, city manager or their designees to determine whether or not formal nuisance abatement proceedings before the city council should be initiated. B. Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth. by Chapter 1.15 of the Municipal Code. The procedures for abatement set forth in Chapter 1.15 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. C. Violation of this ordinance is hereby declared a misdemeanor and subject to a penalty not to exceed one thousand dollars and /or six months in the county jail. (Ord. 1755 NCS §1, 1989.) �s