HomeMy WebLinkAboutAgenda Bill 3.A 12/06/20101
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�F
EFFECTIVE DATE
OF ORDINANCE
Introduced by
P1 PA'
ORDINANCE NO. 2385 N.C.S
Seconded by
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
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 adopted a Code Enforcement ordinance,
adding Chapters 1.10 through 1.15 to the Petaluma Municipal Code; and,
WHEREAS, in 2007, the City of Petaluma adopted the International Property Maintenance
Code, which addresses maintenance of structures; and,
WHEREAS, in 2008 the City of Petaluma adopted the Administrative Citations ordinance,
adding Chapter 1.16 to the Petaluma Municipal Code; and,
WHEREAS, Chapter 8.24 of the Petaluma Municipal Code addresses exterior property
maintenance of structures in industrial, commercial, and multi - family zoning districts only: and,
WHEREAS, a consolidated property maintenance ordinance tends to promote public
health, safety, and welfare and will 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, 1.1 1, 1. 14, 1.15 and 1.16 of Title 1 of the Petaluma Municipal Code are
amended to read as follows:
Ordinance No. 2385 N.C.S.
Page 1
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CHAPTER 1.10
CODE ENFORCEMENT, GENERALLY
1.10.010 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
minimum requirements and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety
from fire 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 violations of the municipal
code, pursuant to Government Code Section 36900, et seq., Section 38660, Sections 38771
through 38775, 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 otherwise address any nuisance
condition or violation of this chapter, as that term is defined below.
1.10.015 Applicability.
A. Application. This chapter shall apply to all existing residential and nonresidential buildings,
structures, and lands and portions thereof without regard to the use, date of construction,
improvement, or alteration. Where, in a specific case, different sections of this code specify
different requirements, the most restrictive shall govern.
B. Existing Buildings. Buildings and portions thereof in existence at the time of the adoption of
this chapter may have their existing use or occupancy continued if the use or occupancy
was legal at the time of the original use or occupancy and provided that continued use or
occupancy is not dangerous to life, health, and safety.
C. Historic Buildings. This chapter does not apply to existing buildings, structures, or premises
designated by the state or city as historic when such buildings, structures, or premises are
judged by the building official to be safe and do not contain unhealthy conditions.
D. Maintenance. All equipment, devices, systems, and safeguards required by this code or
previously adopted codes under which the structures or premises were constructed, altered,
or repaired shall be maintained in good working order, except for such temporary
interruption as necessary while repairs or alterations 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.
Ordinance No. 2385 N.C.S.
Page 2
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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
existing remedies of the City or its officers or agencies relating to the removal or demolition of
any structure which is dangerous, unsafe and unsanitary.
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
workmanlike manner and installed in accordance with the manufacturer's installation
instructions.
I. Referenced codes and standards. The codes and standards referenced in this chapter shall
be those that are adopted in Title 17 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 each 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, structure or 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 marks below shall be defined as follows:
"Abatement order" and "administrative order" shall mean an order issued by a code official or
by a hearing officer following an appeal hearing or an order to show cause hearing.
"Administrative costs" shall mean that segment of costs of abatement that includes staff time
expended that was reasonably related to enforcement activities under Chapters 1.10 through
1.16. Administrative costs shall include, but not be limited to, site inspections and reinspections,
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 or portions thereof within city boundaries,
including any buildings or other improvements located on such property, where nuisance
conditions or other code violations allegedly exist or have previously existed.
"Approved" shall mean approved by the code official.
"Basement" shall mean that portion of a building which is partly or completely below grade.
"Bathroom" shall mean a room containing plumbing fixtures including a bathtub or shower.
"Bedroom" shall mean any room or space used or intended to be used for sleeping purposes in
either a dwelling or sleeping unit.
Ordinance No_ 2385 N.C.S.
Page 3
1 "Blight" or "Blighted" shall mean unsightly conditions, including; but not limited to: the
2 occumulations;of debris; fences! characterized by holes, ,breaks; rot, crumbling, cracking,
3
peeling„ or rusting; landscaping that is dead, characterized ;by uncontrolled growth or lack of
4 maintenance; or is damaged ;! and the exterior visible use or°display of tarps, plastic sheeting, or
5 similar materials as flexible or inflexible screening, fencing, wall covering, or roofing upon a
6 residential lot, regardless of the condition of other properties in the neighborhood.
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8 "Building code" shall mean the uniform codes adopted in Title 17 of the Petaluma Municipal
9 Code that regulates the design, construction, and the quality of materials, use, and occupancy,
10 location, and maintenance of all building and structures within the city.
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12 "City" shall mean the city of Petaluma.
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14 "Code" or "this code" shall mean the city's municipal code, zoning ordinance, all uniform codes
15 that have been incorporated into the city's municipal code; and any applicable local, state or
16 federal laws and regulations that are or may be enforced by the city, including without
17 limitation, the State Housing Law (Health and Safety Code'Section 17910 et seq.).
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19 "Code official" shall mean the official who is charged with the administration and enforcement
20 of this code, or any duly authorized representative.
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22 "Compliance" shall mean all actions required to remove, alleviate, eliminate, halt, or mitigate a
23 nuisance condition or other violation of this code in the manner and in the time frame
24 prescribed by an enforcement officer, hearing officer, or city council.
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26 "Condemn" shall mean to adjudge unfit for occupancy.
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28 "Costs of abatement" shall mean all costs incurred by the city in connection with achieving
29 compliance with an abatement order, including, but not limited to, any cost incurred by the city
30 in performing or contracting for work required to achieve compliance with an abatement order,
31 administrative costs, and costs of prosecuting any nuisance condition or other violation of this
32 code, including attorneys' fees, all as permitted by law.
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34 "Day" or "days" shall mean calendar days.
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36 "Debris" shall mean an accumulation of materials having little or no apparent value or utility,
37 including, but not limited to: deteriorated lumber; old newspapers; furniture parts; stoves; sinks;
38 cabinets; household fixtures, refrigerators; car parts; abandoned, broken or neglected
39 equipment; un- stacked firewood; or lack of maintenance.
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41 "Deterioration" shall mean a lowering in quality of the condition or appearance of a building,
42 structure or premises or parts, thereof characterized by holes, breaks, rot, crumbling, cracking,
43 peeling; rusting, or any other evidence of physical decay., damage, neglect, or lack of
44 maintenance.
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46 "Dwelling unit" shall mean a room or group of internally connected rooms that have sleeping,
47 cooking, eating, and sanitation facilities.
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49 "Electrical code" see "Building code"
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51 "Enforcement action" shall mean any notice of violation, hearing, citation; investigation,
52 complaint or petition, or any administrative or judicial order under authority of Chapters 1.10
53 through 1.16 or pursuant to any other legal authority.
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Ordinance No. 2385 N.C.S. Page 4
1 "Enforcement officer" means any person authorized or directed by the city manager to enforce
2 any provision of this code, including any peace officer. In addition to any other powers
3 conferred upon him or her by this code or by any other law, an enforcement officer shall have
4 the authority to issue a notice to appear, issue an administrative citation, or issue a notice of
5 violation, if the. enforcement officer has cause to believe that'a violation of this code was, or is
6 being, committed or that any nuisance conditions exist.
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8 "Extermination" shall mean the control and elimination of insects, rats or other pests by
9 eliminating their harborage places; by removing or making inaccessible materials that serve as
10 their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination
11 methods.
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13 "Exterior opening" shall mean any open or closed window, door, or passage between interior
14 and exterior spaces.
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16 "Fire code" see "Building code"
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18 "Garbage" shall mean the animal or vegetable waste resulting from the handling, preparation,
19 cooking and consumption of food.
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21 "Guard" shall mean a building component or a system of building components located at or
22 near the open sides of elevated'walking surfaces that minimizes the possibility of a fall from the
23 walking surface to a lower level.
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25 "Habitable space" shall mean space in structure for living; sleeping, eating, or cooking.
26 Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not
27 considered habitable spaces.
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29 "Health officer" shall mean a representative of the Sonoma County Health Department who is
30 authorized to enforce the health regulations in the City of Petaluma.
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32 "Hearing officer" shall mean any person or persons appointed by the city council, or by any
33 person designated by the city council to make the appointment, to conduct a hearing pursuant
34 to Chapters 1.10 through 1.16.
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36 "Hot water" shall mean water supplied to a plumbing fixture at a temperature of not less than
37 120 ° F (49 °C).
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39 "Imminent hazard" or "imminent danger" shall mean any condition associated with real
40 property that places a person's life, health, or property in high risk of peril when such a condition
41 is immediate, impending, or on the point of happening or menacing.
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43 "Infestation" shall mean the apparent presence of unpleasant, damaging, or unhealthful
44 insects, rodents, reptiles, or pests.
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46 "Inoperative vehicle" shall mean any vehicle which requires licensing through the Department
47 of Motor Vehicles which cannot legally be driven upon the public streets for any reason
48 including but not limited to being unlicensed, non - operative status, wrecked, abandoned, in a
49 state of disrepair, or incapable of being moved under its own power.
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51 "Luminaire" shall mean a tungsten, incandescent, or fluorescent light fitting.
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53 "Mechanical Code" see "Building code"
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Ordinance No. 2385 N.C.S. Page 5
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"Nuisance condition" shall mean any condition described in Civil 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 building or portion thereof is utilized or
occupied.
"Occupant" shall mean the person or persons having a right of present possession of the
affected property, if other than the owner, including without limitation tenant(s), subtenant(s),
lessee(s), sublessee(s), or assignee(s), or any authorized agent of same.
"Owner" shall mean the owner(s) of record of the affected property, and shall include any
authorized agent(s) of the owner(s) of record.
"Penalty" shall mean an administrative fine or penalty imposed on the responsible party,
pursuant to Sections 1. 14.050 and .1.16.020 of this code.
"Plumbing Code" see "Building code"
"Pond" or "pool" shall mean a body of water that is in excess of`twenty -four inches deep.
"Premises" shall mean a lot, plot or parcel of land, easement or public way, including any
structures located thereon.
"Responsible party" shall mean any person, firm, association, club or organization (including
informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or
legal guardian of any person(s) under eighteen years of age, whose acts or omissions have
caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s)
of the affected property.
"Rubbish" shall mean combustible and non - combustible waste materials, except garbage; the
term shall include the residue from the burning of wood, coal, coke, and other combustible
materials, paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, cans, metals, mineral matter, glass, crockery and dust and other similar materials.
"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 the location of the
structure constitutes a hazard to the occupants of the structure or to the public.
Ordinance No. 2385 N.C.S. Page 6
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"This chapter" shall mean these code enforcement chapters (Chapters 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 closet or urinal but not a bathtub or shower.
"Unlawful structure" shall mean a structure that is found in whole or in part to be occupied by
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 containers 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 structure that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because the structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse is possible.
"Vegetation" shall mean plant life of any kind, whether living or dead, characterized as grass,
weeds, bushes, shrubs, and trees.
"Vehicle" shall mean any vehicle which requires licensing through the Department of Motor
Vehicles.
"Ventilation" shall mean the natural 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 applicable state or federal statute 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.
Ordinance No. 2385 N.C.S. Page 7
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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.
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 official 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 premises within the
time specified in the order, the code official may cause the premises to be closed and
secured through any available public agency or by the contract or arrangement by private
persons and the cost thereof shall be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate and may be collected by any
other legal resource as described in Chapter 1.14.
C. Notice. Whenever the code official has condemned a structure or equipment under the
provisions of this section, notice shall be posted in a conspicuous place in or about the
structure affected by such notice and served on the owner or the person or persons
responsible for the structure or equipment in accordance with Chapters 1.10 through 1.16. If
the notice pertains to equipment, it shall also be placed on the condemned equipment.
D. Placarding. Upon failure of the owner or person responsible to comply with the notice
provisions within the time given, the code official may post on the premises or on defective
equipment a placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing the placard.
E. Placard removal. The code official shall remove the condemnation placard whenever the
defect or defects upon which the condemnation and placarding action were based have
been eliminated. Any person who defaces or removes a condemnation placard without the
approval of the code official shall be guilty of a misdemeanor.
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 shall operate placarded equipment, and'any owner or any person
responsible for the premises who shall let anyone occupy placarded premises or operate
placarded equipment shall be guilty of a misdemeanor 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 materials, or operation 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 same.
Ordinance No. 2385 N.C.S.
Page 8
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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
rerider 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 official may temporarily close
structures and close, or order the authority having jurisdictions to close, sidewalks, streets,
pubic ways and places adjacent to unsafe structures, and prohibit the same from being
utilized.
D. Emergency repairs. For the purpose of this section, the code official may employ the
necessary labor and materials to perform the required work as expeditiously as possible.
E. Cost of emergency repairs. Costs incurred in the performance of emergency work shall
initially be paid by the City. The City Attorney may institute appropriate action against the
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 emergency measures shall comply with such order
forthwith. Any such person may appeal the determination that emergency procedures, as
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 approval procedures.
A. Modifications. Whenever, 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 grant modifications for that circumstance, provided the code official
determines that a strict application of the provisions of this chapter is impractical and the
modification is in compliance with 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 of such officer is not consistent with the intent and purpose of this
chapter.
B. Alternative materials, methods and equipment. The provisions of this chapter are not
intended to prevent the installation of any material 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 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
Ordinance No. 2385 N.C.S. Page 9
1 code official "shall ,have the :authority to require tests to: be made as evidence of compliance
2 at no expense`to the City.
:4 1. Test methods. lest methods shall be specified in this code or by other recognized test
5 standards. In the absence of recognized and accepted test methods, the code official
6 may approve an appropriate testing procedures performed by an approved agency.
7
8. 2. Test reports. Reports of tests shall be retained by the code official in accordance with the
9 city's adopted record retention policy.
10
11 1,10.050 Means of Appeal.
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13 Any person directly affected by a notice or order issued under this chapter shall have the right to
14 appeal the decision as described in Section 1.14.070.
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16 1.10.060 Violation of license, permit, agreement or approval.
17
18 It shall be a violation of this code to violate any term or condition of any license, permit,
19 agreement, or approval granted or issued by any authorized agent, body , or agency of the city,
20 including the Petaluma community development commission., Any responsible party (including,
21 without limitation, any agent, employee, or contractor of the responsible party) violating or
22 contributing to the violation of any such term or condition shall be subject to enforcement as
23 provided in Chapters 1.10 through 1.16 and in any other law.
24
25 1. 10.065 Causing, permitting, etc., a violation.
26
27 Causing, permitting, aiding, .abetting, contributing to, or concealing a violation of any provision
28 of this code shall constitute a violation of such provision.
29
30 1.10.070 Separate and continuing violations.
31
32 A separate offense shall be deemed committed each day a violation of this chapter occurs or
33 continues; any penalty imposed for a violation, pursuant to Sections 1. 14.050 or 1.16.030, may be
34 imposed on a "per day" basis: Any condition of real property that constitutes a nuisance
35 condition where the same, or a substantially similar, condition has been the subject of two or
36 more enforcement actions within any three -month period is deemed to be a continuing
37 violation. Any building or structure that is set up, erected, constructed, altered, enlarged,
38 converted, used, maintained, moved, or demolished contrary, to any.provision of this code, or
39 contrary to any term or condition of any license, permit or entitlement issued by or on behalf of
40 the city, shall be deemed a violation of`this code. Similarly, any use of land, building or premises
41 that is established, conducted, operated or maintained contrary to any license, permit,.
42 condition or approval relating to the use of said land, or that is contrary to any provision of this
43 code, shall be deemed a violation of this code.
44
45 1.10.075 General maintenance of property.
46
47 In addition to other conditions defined to be nuisances in Chapters 1.10 through 1.16 or the
48 municipal code, it is declared a public nuisance for any person owning, Teasing, occupying or
49 having charge or possession of any premises in this city to maintain such premises in such
50 manner that any of the following conditions, but not limited thereto, are found to exist thereon:
51
52 A. Buildings which are abandoned, partially destroyed, substantially deteriorated, or left
53 unreasonably in a state of partial construction without an active building permit.
54
Ordinance No. 2385 N.C.S. Page 10
1
B.
Unpainted, unmaintdined and otherwise unprotected buildings causing deterioration in the
2
form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds.
'3
4
Ct
Broken windows constituting hazardous conditions and inviting .trespassers, illegal and
5
unauthorized uses, and malicious mischief.
6
7
D.
Overgrown vegetation and weeds:
8
9
1. Causing detriment to neighboring properties or property values.
10
11
2. Causing a hazardous condition to pedestrian and /or vehicular traffic.
12
13
3. Likely to harbor rats, vermin and other nuisances.
14
15
4. Grasses and weeds over 6 inches in height.
16
17
E.
Dead trees and debris:
18
19
1. Constituting unsightly appearance and/or odors.
20
21
2. Dangerous to public safety and welfare.
22
23
3. Detrimental to nearby property or property values..
24
25
4. A ready source of fuel for combustion.
26
27
F.
Attractive nuisances dangerous or potentially dangerous to people in the form of:
28
29
1. Abandoned and /or broken equipment.
30
31
2. Pools, ponds or excavations without adequate barriers.
32
33
3. Neglected, unprotected and /or unsecured machinery.
34
35
4.. Unsecured and unoccupied abandoned buildings and structures.
36
37
G.
Items such as, and similar to, the following, and which are stored in yards and visible from
38
public streets and /or other properties:
39
40
1. Trash, junk, garbage, rubbish and debris.
41
42
.2. Household goods.
43
44
3. Mattresses.
45
46
4. Cans of stains, paints and solvents.
47
48
5. Vehicle and /or bicycle tires, tire racks, rims, wheels, etc.
49
50
6. Vehicles not parked on a permanent surface as defined by Section 11.070(F) of the City
51
of Petaluma Zoning Ordinance.
52
53
7. Inoperative vehicles, vehicles in various states of disrepair and vehicle parts.
54
Ordinance No. 2385 N.C.S. Page 11
1 8. Cabinets.
2
3 9. Furniture..
4
5 10. 'Clothing.
6
7
8 11. Appliances.
9
10 12. Boxes.
11
12 1.3. Construction materials and /or tools.
13
14 14. Yard and garden equipment in excess of that which is reasonable and acceptable for
15 maintaining the property at which it is located.
16
17 15. Bicycles, scooters and like -items in excess of that which is,reasonable for use by the
18 current occupants of a property.
19
20 16. Items•of any sort or of any quantity that are evidence. of an illegal operation or business,
21 or create the appearance thereof.
22
23 17. Any other refuse or waste.
24
25 18. Trash, garbage or refuse cans, bins, boxes or other such containers.
26
27 19. Shopping carts.
28
29 20. The accumulation of dirt.
30
31 21. Yards that are not graded and maintained to prevent the erosion of soil and prevent the
32 accumulation of stagnant water thereon, or within any structure located thereon.
33
34 H. Maintenance of premises in such condition as to be detrimental to the public health, safety
35 or general welfare or in such manner as to constitute a public nuisance as defined by Civil
36 Code Section 3480.
37
38 I. Any building, structure or portion thereof built to code standards applicable at the time of
39 original construction, or areas of access which have any of the following conditions or
40 defects to a significant degree or as otherwise noted:
41
42 1. Whenever any,door, aisle, passageway, stairway, window or other means of exit is not of
43 sufficient dimensions, or is not arranged so as to provide-safe and adequate means of
44 egress, in case of fire or panic, for all persons housed or assembled therein who would be
45 required to, or might use such door, aisle, passageway, stairway, window or other means
46 of exit.
47
48 2. Whenever any portion thereof has been damaged by earthquake, wind, flood, rain or by
49 any other cause, in such a manner that the structural strength, stability or integrity thereof
50 is appreciably less than is suitable for occupancy and is less than the minimum
51 requirements of building code regulations enforced by the city.
52
Ordinance No. 2385 N.C.S. Page 12
1 3. Whenever any portion of a building or any member, appurtenance or ornamentation on
2
the exterior`thereof, is likely to fall or to become detached or dislodged or to collapse
3
and thereby injure persons or damage property.
4
5
4.
Whenever any building, portion of a building or any member, appurtenance or
6
ornamentation on the exterior thereof is not of sufficient, strength or stability or is not so
7
anchored, attached, or fastened in place so as to be capable of resisting wind pressure,
8
earthquake forces, live loads or dead loads as specified in the building code regulations
9
enforced by the city without exceeding the working stresses permitted therein.
10
11
5.
Whenever any portion thereof has settled or otherwise been repositioned or reconfigured
12
so that structural portions of buildings and structures have less resistance to winds,
13
earthquakes and /or other forces than is adequate for safe occupancy and /or as is
14
otherwise required by building code regulations enforced by the city.
15
16
6.
Whenever buildings or structures, or any portion thereof, because of dilapidation,
17
deterioration, decay, faulty construction, infestations or the removal, loss, or movement
18
of a portion of the soil necessary to adequately support such building structure or portion
19
thereof, or some other cause,. is likely to partially or completely collapse, or some portion
20
of the foundation or underpinning is likely to fail, or otherwise fall or give way.
21
22
7.
Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is
23
manifestly unsafe for the purpose for which it is used or intended to be used.
24
25
8.
Whenever the building or structure has been so damaged by fire, wind, earthquake, or
26
flood, or has become so dilapidated or deteriorated as to become an attractive
27
nuisance to children who might play therein to their danger, oras to afford a harbor for
28
vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the
29
purpose of committing nuisances or unlawful or immoral acts.
30.
31
9.
Whenever a building or structure which has been constructed now exists or is maintained
'32
in violation of any requirements or prohibitions, applicable to such building or structure, of
33
the building and housing code regulations enforced by the city.
34
35
10.
Whenever a building or structure, used or intended to be or used for dwelling purposes
36
because of dilapidation, decay, damage, or faulty.construction or arrangement, or
37
otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to
38
cause sickness or disease when so determined by the health officer, or is likely to
39
contribute injury to the health, safety or general welfare of those living within.
40
41
11-
Whenever a building or structure, by reason of obsolescence, dilapidation, deterioration,
42
damage, substandard electric wiring, gas connections, or heating apparatus, or similar
43
conditions, is in such condition as to be a fire hazard and is so situated as to endanger
44
life or other buildings or property in the vicinity, or provide a ready fuel supply to
45
augment the spread and intensity of fire arising from any cause.
46
47
12.
Whenever any sidewalk or driveway which is debilitated, broken, damaged, or raised to
48
such a degree as to be injurious to property or persons using the same.
49
50
13.
Whenever the walking surface of any aisle, passageway, stairway or other means of exit
51
is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
52
means of exit in case of fire or panic.
53
Ordinance No. 2385 N.C.S. Page 13
1 14. Whenever the <stress in any materials, member or portion thereof, due to all live and
2 dead loads, is more than the imposed design loads.
3 - -
4 15. Whenever any portion of a building or structure remains on a site after the demolition .or
5 destruction of the building or structure or whenever'any building or structure is
6 abandoned for a period in excess of .2 months.
7
8 1.10'.080 Nonresidential buildings and structures maintenance. standards.
9
10 A. Application. In addition to the general property maintenance standards specified in Section
11 1.10.075, the provisions of this section shall apply to nonresidential buildings and structures
12 located within the city limits.of the City of Petaluma.
13
14 B. Foundations, Exterior Walls, Roofs, Mechanical Equipment, Electrical, and Plumbing.
15 Foundations, exterior walls, roofs, and mechanical equipment' shall be free from deterioration
16 or blighting conditions and shall conform to the following requirements:
17
18 1. Foundation. The building foundation shall be free from deterioration, maintained in a
19 safe condition, and be capable of supporting the load which normal use may place
20 thereon.
21
22 2. Exterior Walls. The exterior: walls shall be free from conditions that contribute to the
23 deterioration of the structure or otherwise present a deteriorated or blighted condition.
24 Exterior walls shall be substantially weather tight, weatherproof, free from dry rot and
25 mildew, and shall be maintained in sound condition and good repair so as to prevent
26 infestation. Exterior doors and windows shall be fitted securely in their frames and shall be.
27 substantially weather tight with operable locks, if locks are present, Windows of occupied
28 structures shall not be boarded,, and glazing in windows and doors shall be properly
29 maintained. Chipping or peeling paint may not exceed twenty -five percent of a surface
30 area 'of any building component visible from public property. All exterior surfaces other
31 than decay - resistant materials shall be protected from the elements by painting or other
32 protective covering according to manufacturer's specifications. Chimneys and similar
33 appurtenances shall bestructurally safe. Window screening of not less than 16 mesh per
34 inch, shall be required for ventilation of habitable rooms, food preparation areas, food
35 service areas or any areas where products to be included or utilized in food for human
36 consumption are processed, manufactured, packaged or stored and shall be
37 maintained in good condition. Every screen door used for insect control shall have a self -
38 closing device in good working condition. Screens shall not be required where approved
39 air curtains are employed.
40
41 3. Roofs and drainage. Roofs and drainage shall be maintained in a safe condition and
42 have no defects which might admit rain or cause dampness in the walls or interior
43 portion of the building. Roofs shall be free from conditions that contribute to the
44 deterioration of the structure or otherwise present a deteriorated or blighted
45 appearance. Broken, rotted, split, curled, or missing roofing material shall not exceed ten
46 square feet ofianyroof for no more than thirty consecutive days. Canopies and awnings
47 shall be properly anchored and maintained. Roof water shall not be discharged in a
48 manner that creates a public nuisance.
49
50 4. Mechanical Equipment. Heating, ventilating, air- conditioning, evaporative cooling
51 equipment, and their mounting apparatus shall be maintained in an approved manner,
52 and in a condition free from excessive accumulation of scale, rust, corrosion or mineral
53 deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or
54 unattached heating ventilation and air conditioning (HVAC) equipment and
Ordinance No. 2385 N.C.S. Page 14
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.
5. Electrical Equipment. All electrical equipment, wiring and appliances shall be installed
and maintained in a safe operational condition and approved manner.
6. Plumbing Equipment. All plumbing equipment, piping and fixtures shall be installed and
maintained in a safe, sanitary, functional and approved manner.
C. Outdoor Stairs, Porches, Guardrails, Handrails, and Similar Railings. All outdoor stairs, porches,
guard and hand rails shall'be adequate for safety according to the applicable building
code and fire code requirements. Every stair and porch shall be maintained in a structurally
sound condition. The support for railings, stairs, and porches shall be structurally sound and in
a safe condition. Every stair and porch, and any appendage thereto shall be maintained in
safe condition and capable of supporting a load that normal use may place thereon.
D. Interior of Structures.
1. General. Every owner of a property shall ensure the interior of structures and mechanical,
electrical, and plumbing equipment therein are maintained in good working order and
structurally sound.
2. Structural Members. All structural members shall be maintained structurally sound and be
capable of supporting the imposed design loads.
3. Interior Surfaces. All inferior surfaces shall be maintained in good, clean and sanitary
condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or'
covered. Cracked, broken, or damaged, or loose plaster, decayed wood, and other
defective surface conditions in excess of 1/8" shall be repaired.
4. Stairs and Walking 5urface..s. Every stair, ramp, landing, balcony, mezzanine or other
walking surface shall be maintained in sound condition and good repair.
5. Handrails and Guardrails. Every 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 fire
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, or 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-
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.
Ordinance No. 2385 N.C.S. Page 15
1 G. Substandard Commercial Buildings. Any building or portion thereof or the premises on which
2 the same is located in, which there exists any of the following shall be deemed
3, and' hereby declared to be a substandard building.
4.,
5 1. Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard
6 when any of the following conditions exist:
7
8 a. Lack of or improper operation of water closet lavatory, bathtub, or shower.
9
10 b. Lack of required interior wall covering.
11
12 c. Lack of required hot and cold running water to plumbing fixtures.
13
14 d. Lack of or improper operation of required ventilation equipment.
15
16 e: Lack of required electrical lighting.
17
18 f. Dampness in rooms.
19
20 g. Infestation of insects, vermin, or rodents.
21
22 h. General dilapidation or improper maintenance.
23
24 i. Lack of adequate garbage and rubbish storage and removal facilities.
25
26 j. Lack, of connection to a required sewage disposal system.
27 _
28 k. In- operable connection, to a required sewage disposal system.
29
30 H. Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are,
31 or contain, structural hazards. Structural hazards shall include, but not be limited to, the
32 following:
33
34 1. Deteriorated or inadequate foundations incapable of supporting the load which normal
35 use may place thereon.
36
37 2. Defective or deteriorated flooring or floor supports.
38
39 3. Flooring or floor supports of insufficient size to carry imposed loads safely.
40
41 4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to
42 defective material or deterioration.
43
44 5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry
45 imposed. loads safely.
46
47 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that
48 sag, split, or buckle due to defective material or deterioration.
49
50 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that
51 are of insufficient size to carry imposed loads safely.
52
Ordinance No. 2385 N.C.S. Page 16
1
8. Fireplaces or chimneys that List (to lean), bulge, or settle due to defective material or
2
deterioration.
3 ,
4
1.
Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect
5
at the time of installation, has not been maintained in good condition, or is not currently in
6
good and safe condition and working properly shall be considered hazardous and
7
substandard.
8
9
J.
Hazardous. Plumbing. All. plumbing that does not conform to all applicable laws in effect at
10
the time of installation, has.not.be'en maintained in good condition, is not currently in good
11
and safe condition or not 'Working properly, or is not free of cross connections andsiphonage
12
between fixtures shall be con sidered'hazardous and substandard. All water heaters require
13
seismic strapping on the bottom one -third and top one - third of the unit. An approved
14
combination temperature and pressure- relief valve and valve relief discharge pipe shall be
15.
properly installed and maintained on water heaters.
16
17
K.
Hazardous Mechanical Equipment. All mechanical equipment including vents that do not
18
conform to all applicable laws in effect at the time of installation, that has not been
19
maintained in good and safe condition, and is not currently in good and safe condition and
20
working properly, shall be considered hazardous and substandard.
21
22
L.
Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible
23
waste, or vegetation that is in noncompliance with the fire code to the extent that the fire
24
chief, or their designee, has determined the noncompliance condition is unsafe or that a fire
25
or explosion could occur as the result of said noncompliance shall be considered hazardous
26
and substandard. In addition, any condition the fire chief, or;fheir designee, has determined
27
provides a ready fuel to augment the spread and intensity of fire or explosion arising from
28
any is deemed hazardous and substandard.
29
30
M.
Faulty Materials of Construction. All materials of construction. except those that are
31
specifically allowed or approved by the building code and that have been adequately
32
maintained in good and safe condition shall be considered substandard.
33
34
N.
Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds,
35
vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant
36
water, combustible materials, and similar materials or conditions that constitute a fire hazard,
37
health hazard, safetyhazard, or a public nuisance shall be - considered hazardous and
38
substandard. All exterior property and premises, and the interior.of every structure, shall be
39
free from any accumulation of rubbish or garbage. Every occupant of a structure shall
40
dispose of garbage and rubbish in a clean and sanitary manner by placing such garbage.
41
and rubbish in an approved container or disposal facility. Any accumulated garbage and
42
rubbish shall "be placed out for collection for the authorized waste disposal agent of the city
43
at a minimum of 1 time per week.
44
45
O.
Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities,
46
except those buildings or portions thereof whose exit facilities conformed with all applicable
47
laws at the time of their construction and that have been adequately maintained and
48
increased. in relation to any increase in occupant load, alteration or addition, or any change
49
in occupancy..shall be considered substandard. When an unsafe condition exists due to lack
50
of or improper location of exits, additional exits may be required to be installed.
51
52
P.
Inadequate Fire - Protection or Fire- Fighting Equipment. All buildings or portions thereof not
53
provided with fire - resistive construction or fire- extinguishing systems or equipment required by
54
the building and fire code, except those buildings or portions thereof that conformed to all
Ordinance No. 2385 N.C.S. Page 17
I applicablei laws at the °time of their construction and whose. fire- resistive integrity and fire -
2 extinguishing systems or equipment have been adequately maintained and improved in
3' relation to.any increase in occupant load, alteration or addition, or any change in
4 occupancy shall be considered substandard.
5
6 Q. Improper Occupancy. All buildings or portions thereof occupied for purposes not designed
7 or intended to be used for those occupancies shall be considered substandard.
8
9 R. Premises Identification. Buildings shall have approved address numbers placed in a position
10 to be plainly legible and visible from the street or road fronting the property. These numbers
11 shall contrast with their background. Address numbers shall be Arabic numerals or alphabet
12 letters. Numbers shall be a minimum of 4 inches (102mm) high, with a minimum stroke width
13 of 0.5 inch (12.7mm).
14
15 Exception: Rural residential buildings shall not be required to comply with this section, provided
16 such buildings have a form of building identification that has been approved by the fire code
17 official.
18
19 1.10:085 Residential buildings and structures maintenance standards.
20
21 A. General. In addition to the general property maintenance standards specified in Section .
22 l . 10.075 of this chapter, all buildings, common area, or portions thereof used, designed, or
23 intended to be used for human habitation shall comply with the requirements of this section.
24
25 B. Foundations, Exterior Walls, Doors, Windows, Roofs, Mechanical Equipment, and
26 Plumbing. Foundations, exterior walls, roofs, and mechanical equipment shall be free from
'27 deterioration or blighting conditions and shall conform to the following requirements:
28
29 1. Foundation. The building foundation shall be free from deterioration, maintained in a
30 plumb and safe condition, be capable of supporting the Load which normal use may
31 place thereon, be free from open cracks and breaks, and be kept in such a condition so
32 as to prevent the entry of rodents and other pests.
33
34 .2. Exterior Walls. The exterior walls shall be free from conditions that contribute to the
35 deterioration of the structure or otherwise present a deteriorated or blighted condition.
36 Exterior walls shall be substantially weather tight, weatherproof, free from dry rot and
37 mildew, and shall be maintained in sound condition and good repair so as to prevent
38 infestation. Windows of occupied structures shall not be boarded and glazing in windows
39 and doors shall be properly maintained. Chipping or peeling paint may not exceed
40 twenty -five percent of a surface area of any building component visible from public
41 property. All exterior surfaces other than decay- resistant materials shall be protected
42 from the elements by painting or other protective covering according to manufacturer's
43 specifications. Chimneys and similar appurtenances'shall be structurally safe.
44
45 3. Doors. Exterior doors shall be fitted securely in their frames and shall be substantially
46 weather tight with operable locks. Each exterior door shall be equipped with a deadbolt
47 lock designed'to be operable from the inside without the need for a key or special
48 knowledge. All deadbolts shall have a minimum throw of l inch. Every screen door used
49 for insect control shall have a self - closing device in good working condition,
50
51 4. Windows. Exterior windows shall be fitted securely in their frames and shall be
52 substantiallyweather tight with operable locks if locks are present. Operable windows
53 within 12 feet above a walking surface below shall be equipped with a window sash
54 locking device designed to be operable from the inside without the need for a key or
Ordinance No. 2385 N.C.S. Page 18
I
special, knowledge: Window screening of not less than 16 mesh per inch, shall be
2
required .for ventilation of habitable rooms, food preparation areas, food service areas or
3
any areas where producfs to be included or utilized in food for human consumption are
4
processed, manufactured,'packaged or stored and shall be maintained in good
5
condition.
6
7
5.
Roofs. Roofs shall be maintained in a safe condition and have no defects which might
8
admit rain or cause dampness in the walls or portion of the building. Roofs shall be
9
free from conditions that contribute- to the deterioration of the.structure or otherwise
10
present a deteriorated or blighted appearance. Broken, rotted, split., curled, or missing
11
roofing material shall not exceed ten square feet of any roof. Canopies and awnings
12
shall be properly anchored and maintained. Roof water shall not be discharged in a
13
manner that creates a public nuisance.
14
15
6.
Mechanical Equipment. Heating, ventilating, air- conditioning, evaporative cooling
16
equipment, and their mounting apparatus shall be maintained in an approved manner,
17
and in a condition free from excessive accumulation of scale, rust, corrosion or mineral
18
deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or
19
unattached heating ventilation and air conditioning (.HVAC) equipment and
20
mechanical equipment and associated apparatuses-shall be removed from the
21
structure. Equipment shrouds, enclosures, and similar protecting housing. components
22
integral to a piece of equipment shall be installed, anchored, and properly maintained.
23
24
7.
Electrical Equipment. All electrical equipment, wiring and appliances shall be installed
25
and maintained in a safe, functional, and approved manner.
26
27
8.
Plumbing Equipment. All plumbing equipment, piping and fixtures shall be installed and
28
maintained in a safe, sanitary, functional and approved manner.
29
30
9.
Outdoor Stairs, Porches, Guardrails, Handrails, and Similar Railings. All outdoor stairs,
31
porches, guard and hand rails shall be adequate for safety. Every stair and porch shall
32
be maintained in an approved manner, structurally sound and safe condition. The
33
support for railings, stairs, and, porches shall be maintained in an approved manner,
34
structurally sound and safe condition. Every stair and porch, and any appendage
35
thereto shall be maintained in an approved manner, structurally sound and safe
36
condition, and capable of supporting a load that normal use may place thereon.
37
38
C. Room Dimensions.
39
40
1.
Existing Buildings. Buildings and portions thereof in existence at the time of the adoption
41
of this chapter are not required to be modified to comply with this section and may have
42
their existing use or occupancy continued provided the construction, use, or occupancy
43
was legal at the time of original construction and further provided the continued use or
44
occupancy is not dangerous to life, health, and safety.
45
46
2.
Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet
47
except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet
48
compartments may have a ceiling height of not less than seven feet measured to the
49
lowest projection from the ceiling. Where exposed beam ceiling members are spaced at
50
less than forty -eight inches on center, ceiling height shall be measured to the bottom of
51
these members. Where exposed beam ceiling members are spaced at forty -eight inches
52
or more on center, ceiling height shall be measured to the bottom of the deck
53
supported by these members, provided that the bottom of the members is not less than
54
seven feet above the floor.
Ordinance No. 2385 N.C.S. Page 19
1 It any habitable space has a sloping ceiling, the prescribed, ceiling height for the room is
'2 required'in only one -half the area thereof.. No portion of the room measuring less than
3 five feet from the finished floor to the finished ceiling shall be included in any
4 computation .of the minimum area thereof. If any room has a furred ceiling, the
5 prescribed ceiling height is required in two- thirds the area thereof, but in no case shall
6 the height of the furred ceiling be less than seven feet.
7
8 3. Floor Area. Dwelling units and congregate residences shall have at least one room that
9 shall have not less than one hundred twenty square feet of floor area. Other habitable
10 rooms, except kitchens, shall have an area of not less than seventy square feet.
11 Exception: Nothing in this, section shall prohibit the use of an efficiency living unit within an
12 apartment house meeting the following requirements:
13
14 a. The unit shall have living - room of not less than two hundred twenty square feet of
15 floor area. An _additional one'hundred square feet cf floor area shall be provided for
16 each occupant of such unit in excess of two.
17
18 b. The unit shall be provided with a kitchen sink, and cooking appliance. If a refrigerator
19 is provided, it must be maintained in a safe and operational condition. Each sink,
20 cooking appliance; or, refrigerator shall have a clear working space of not less than
21 thirty inches in front, except ADA accessible units, which shall meet the working
22 space requirements of those units. Light and ventilation conforming to this code shall
23 be provided.
24
25 c. The unit shall be provided with a separate bathroom containing a water closet,
26 lavatory, and bathtub or shower.
27
28 4. Width. No habitable room other than a kitchen shall be less than seven .feet in any
29 dimension. Kitchens shall have a clear passageway of not less than.3 feet between
30 counterfronts and appliances or counterfronts and walls, Each water closet shall be
31 located in a clear space not less than thirty inches in width and a clear space in front of
32 the water closet of not less than twenty -four inches shall be. provided.
33
34 D. Light and Ventilation.
35
36 1. General. For the purpose of determining the light or ventilation required by this section,
37 any room may be. considered as a portion of an adjoining room when one half of the
38 area of the common wall is open and unobstructed and provides an opening of not less
39 than one tenth of the floor area of the interior room or twenty-five square feet, whichever
40 is greater. Exterior openings for natural light or ventilation required by this section shall
41 open directly onto a public way or a yard or court located on the some lot as the
42 building.
43
44 Exceptions:
45
46 a. Required windows may open into a roofed porch where the porch:
47
48 (1) Abuts a public way, yard, or court.
49
50 (2) Has a ceiling height of not less than seven feet.
51
52 (3) Has a longer side at least sixty -five percent open and unobstructed.
53
Ordinance No. 2385 N.C.S. Page 20
1
b. Skylights.
2
3
2.
Light. Guest rooms and habitable rooms within a dwelling unit or a congregate residence
4
shall be provided with natural light by means of exterior glazed openings with an area of
5
not less than one -tenth of the floor area of such rooms with a minimum of ten square feet
6
of opening area.
7
8
3.
Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate
9
residence shall be provided with natural ventilation by means of exterior openings with
10
an area of not less than one- twentieth of the floor area of such rooms with a minimum
11
opening of five square feet of area. Such openings shall be capable of being opened so
12
as to provide ventilation.
13
Bathrooms, water closet, compartments, laundry rooms, and similar rooms shall be
14
provided with natural ventilation by means of exterior openings with an area of not less
15
than one - twentieth of the floor areas of such rooms with a minimum of one and one -half
16
square feet of area. Such openings shall be capable of being opened so as to provide
17
ventilation. In lieu of required exterior openings for natural ventilation in toilet rooms,
18
bathrooms containing a bathtub or shower, or combination thereof, laundry rooms, and
19
similar rooms, a mechanical ventilation system connected directly to the outside
20
capable of providing five air changes per hour shall be provided. The location of the
21
discharged exhaust air shall be at least three feet from any into the building.
22
23
4.
Hallways. All public hallways, stairs, and other paths of exit shall be adequately
24
illuminated at all times in accordance with the building code.
25
26
5.
Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry
27
room, boiler room, and furnace room shall contain at least one electric luminaire.
28
29
E. Sanitation.
30
31
1.
Dwelling Units, Lodging Houses and Congregate Residences, Dormitories and Fraternity
32
Houses. Dwelling units, lodging houses, and congregate residences, dormitories and
33
fraternity houses shall, be provided with a bathroom equipped with facilities consisting of
34
a water closet, lavatory, and either a bathtub or shower, or combination thereof.
35
36
2.
Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be
37
provided with a safe and operational kitchen sink, and cooking appliance. If a
38
refrigerator is provided, it must be maintained in a safe and operational condition.
39
40
3.
Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved
41
private sewage disposal system.. All plumbing fixtures shall be connected to an approved
42
water supply and provided with hot and cold running water necessary for normal
43
operations. All plumbing fixtures shall be listed by an approved listing agency.
44
45
4.
Water Closet Compartments. Except in dwelling units, walls within two feet of urinals and
46
water closets shall have a smooth, hard, nonabsorbent surface to a height of four feet
47
above the floor.
48
49
5.
Installation and Maintenance. All sanitary facilities shall be installed and maintained in a
50
safe and sanitary working condition.
51
52
6.
Disposal of Rubbish and Garbage. All exterior property and premises, and the interior of
53
every structure, shall be free from any accumulation of rubbish or garbage. Every
54
occupant of a structure shall dispose of garbage and rubbish in a clean and sanitary
Ordinance No. 2385 N.C.S. Page 21
1 manner by placing,such garbage and rubbish in, an, approved container or disposal
2 facility. Any accumulated garbage and rubbish shall be placed out for collection for the
3 authorized waste disposal agent of the city at a minimum of 1 time per week.
4
5 F. Structural' Conditions. Roofs, floors, walls, foundations, and all other structural components of
6 buildings shall be capable of resisting any and all forces and loads to which they may be
7 subjected as specified in the codes and standards in effect at the time of original
8 construction, and as specified in codes and standards regulating existing buildings.
9
10' G. Weather Protection. Every habitable building shall be weather protected so as to provide
11 shelter for the occupants against the elements as specified in subsection B of this section.
12
13 I. Mechanical Equipment.
14
15 1. Heating. Dwelling units, guest rooms, and congregate residences shall be provided with
16 permanently installed heating facilities capable of maintaining a room temperature of
17 68 °F (20 0 C) at a point three feet (nine hundred fourteen mm) above the floor in all
18 habitable rooms. Such facilities. shall be installed and maintained in a safe condition. All
19 heating devices or appliances' shall be of an approved type and utilized in accordance
20 with their listing. Fuel - burning heaters without vents to the exterior are specifically
21 prohibited.
22
23 2. Combustion Air. Rooms and areas containing fuel-burning appliances shall be provided
24 with combustion air as required by the mechanical code.
25
26 3. Ducts. Duct systems shall be maintained free of obstructions and leaks and shall be
27 capable of performing the required function.
28
29 J. Electrical Equipment. All electrical equipment, wiring, and appliances shall be installed and
30 maintained in safe working order and in accordance with the electrical code. All electrical
31 equipment shall be listed and approved for the intended use. Every bathroom shall have at
32 Least one receptacle that has ground fault circuit interruption protection.
33
34 K. Exits, Emergency Egress, and Interior Doors.
35
36 1. Exits. All buildings or portions thereof shall be provided with properly maintained exits, exit
37 corridors, exit passageways, and appurtenances as required by the building code.
38 Dwelling units and guest rooms shall have access directly to the outside or to an exit
39 corridor or exit passageway.
40
41 2. Emergency Egress. Sleeping rooms below the fourth story shall have at least one
42 operable window or exterior door approved for emergency escape or rescue. The
43 window or door shall have the ability to be opened from the inside and any security bars
44 or grills protecting such openings shall comply with subsection X of this section.
45
46 3. Interior doors. anterior doors shall be fitted securely in their frames and shall be in sound
47 condition. Interior door locks shall not require the need for a key or special knowledge.
48 Firewall doors shall be self- closing and self latching
49
50 L. Fire Protection. All buildings or portions thereof: shall be provided with the degree of fire -
51 resistive construction as required by the building code for the appropriate occupancy, type
52 of construction, and location on property, and shall be provided with the appropriate fire -
53 extinguishing systems or equipment as required by the building code and fire code. All fire-
Ordinance No. 2385 N.C.S. Page 22
I resistive construction required by the building code shall be maintained.
2
3' M. 'Substandard Residentid Buildings, Any building or portion thereof or the premises on which
4 the same is located in which: there exists any of the following conditions shall be deemed
5 and hereby declared to be a substandard building.
6
7 1. Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard
8 when any of the following conditions exist:
9
10 a. Lack of, or improper operation of, water closet, lavatory, bathtub, or shower.
11
12 b. Lack of required interior wall covering.
13
14 c. Lack of proper kitchen sink, or cooking appliances, or improper operation of kitchen
15 sink, cooking appliance. or refrigerator.
16
17 d. Lack of required hot and cold running water to plumbing fixtures.
18
19 e. Lack of adequate heating facilities.
20
21 f. Lack of, or improper operation of, required venfilation "equipment.
22
23 g. Lack of minimum amounts of natural light and ventilation required by this code.
24
25 h. Room and space dimensions less than required by this code. However, a'condition
26 that would require the displacement of sound walls or ceilings to meet height, length,
27 or width requirements for ceilings, rooms, and dwelling units shall not by itself be
28 consideredsufficient existence of dangerous conditions making a building
29 substandard, unless the building was constructed „altered, or converted in violation
30 of those requirements in effect at the time of construction, alteration, or conversion.
31
32 i. Lack of required electrical lighting.
33
34 j. Dampness in habitable rooms.
35
36 k. Infestation of insects, vermin, or rodents.
37
38 I. General dilapidation "or improper maintenance.
39
40 m. Lack of connection to a required sewage disposal system.
41
42 n. Lack of adequate garbage and rubbish storage and removal facilities.
43
44 a. Lack of connection to public utilities that are essential to maintain heating, plumbing,
45 and electrical fixtures and appliances in a working condition.
46
47 N. Structural Hazards. Buildings or portions thereof shall be deemed hazardous and substandard
48 when they are, or contain, structural hazards. Structural hazards shall include, but not be
49 limited to, the following:
50
51 1. Deteriorated or inadequate foundations incapable of supporting the load which normal
52 use may place thereon.
53
Ordinance No. 2385 N.C.S. Page 23
1
2. Defective or deteriorated flooring or flooring supports.
2
3
3. Flooring or floor supports of insufficient size to carry loads safely.
4
5
4. Members of walls, partitions, or other vertical supports that split, list (to lean), or buckle
6
due to defective material or deterioration.
7
8
5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry
9
imposed loads safely.
10
11
6. Members of ceilings, roofs, ceiling and roof supports, or'other horizontal members that
12
sag, split, or buckle due to defective material or deterioration.
13
14
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that
15
are of insufficient size to carry imposed loads safely.
16
17
8. Fireplaces or chimneys that list (to lean), bulge, or settle due, to defective material or
18
deterioration.
19
20
O.
Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect
21
at the time of installation, has 'not been maintained in good condition, or is not currently in
22
good and safe condition and working properly shall be considered hazardous and
23
substandard.
24
25
P.
Hazardous Plumbing. All plumbing that does not conform to all applicable laws in effect at
26
the time of installation, has not been maintained in good condition, is not currently in good
27
and safe condition or not working properly, or is not free of cross connections and siphonage
28
between fixtures shall be considered'hazardous and substandard. All water heaters require
29
seismic strapping on the bottom one -third and top one- third of the unit. An approved
30
combination temperature and pressure- relief valve and valve relief discharge pipe shall be
31
properly installed and maintained on water heaters.
32
33
Q.
Hazardous Mechanical Equipment. All mechanical equipment including vents that do not
34
conform to all applicable laws in effect at the time of installation, that has not been
35
maintained in good and safe condition, and is not currently.in good and safe condition and
36
working properly, shall be considered hazardous and substandard..
37
38
R.
Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible
39
waste, or vegetation that is in noncompliance with the fire code to the extent that the fire
40
chief or "designee" has determined the noncompliance .condition is unsafe or that a fire or
41
explosion could occur as the result of said noncompliance shag be considered hazardous
42
and substandard. In addition, any condition the fire chief or "designee" has determined
43
provides a ready fuel to augment the spread and intensity of fire or explosion arising from
44
any cause shall be considered hazardous and substandard.
45
46
S.
Faulty Materials of'Construction. All materials of construction except those that are
47
specifically allowed or approved by the building code and that have been adequately
48
maintained in good and safe condition shall be considered hazardous and substandard.
49
50
T.
Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds,
51
vegetation; junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant
52
water, combustible materials, and similar materials or conditions that constitute a fire hazard,
53
health hazard, safety hazard, or a public nuisance shall be considered hazardous and a
Ordinance No. 2385 N.C.S. Page 24
1
public nuisance.
2
3
U.
Inadequate Exits, All buildings or portions thereof not provided with adequate exit facilities as
4
required by this code, except those buildings or portions thereof whose exit facilities
5
conformed with all applicable laws at the time of their construction and that have been
6
adequately maintained and increased in relation to any increase in occupant load,
7
alteration or addition, or any change in occupancy shall _be considered hazardous and
8
substandard. When an unsafe condition exists due to lack of or improper location of exits,
9
additional exits may be required to be installed.
10
11
V.
Inadequate Fire - Protection ,or Fire - Fighting Equipment. All buildings or portions thereof that
12
are not provided with fire- resistive construction or fire - extinguishing systems or equipment
13
required by the building and fire code, except those buildings or portions thereof that
14
conformed to all applicable laws at the time of their construction and whose fire - resistive
15
integrity and fire - extinguishing systems or equipment have been adequately maintained and
16
improved in relation to any increase in occupant load, alteration or addition, or any change
17
in occupancy, shall be considered hazardous and substandard.
18
19
W.
Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking,
20
or dining purposes that were not designed or intended to be used for those occupancies
21
shall be considered substandard.
22
23
X.
Inadequate Emergency Egress. Bars, grills, covers, screens, or similar devices are not
24
permitted to be placed over emergency escape and rescue openings, bulkhead
25
enclosures, or window wells that serve sleeping rooms, unlessfhe minimum net opening
26
dimensions required escape and rescue openings are maintained. Such devices shall be
27
releasable or removable from the inside without the use of a key, tool, or force greater than
28
that which is required for normal operation of the escape and rescue opening.
29
30
Y.
Smoke. Alarms. Smoke alarms shall be installed and maintained in all buildings, common
31
areas, or portions thereof used', designed, or intended to be for human habitation.
32
During construction, smoke alarms shall receive their primary power from the building wiring
33
and shall be equipped with a battery backup. Wiring'shgll be permanent and without a
34
disconnecting switch other than as required for overcurrent protection. One smoke alarm
35
shall be installed at each of the following locations:
36
37
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of
38
bedrooms.
39
40
2. In each room used for sleeping purposes.
41
42
3. In each story within a dwelling unit, including basements and cellars but not including
43
crawl spaces and uninhabitable attics. In dwellings or 'dwelling, units with split levels and
44
without an intervening door between the adjacent levels, a smoke alarm installed in the
45
upper level shall suffice for the adjacent lower level provided that the lower level is less
46
than one full story below' the upper level.
47
48
Exception: Smoke alarms are permitted to be solely battery operated in buildings where no
49
construction is taking place, buildings that are not served from a commercial power source
50
and in existing areas of buildings undergoing alterations or repairs that do not result in the
51
removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl
52
space, or basement available which could provide access for building wiring without the
53
removal of interior finishes.
54
Ordinance No. 2385 N.C.S. Page 25
I Z. Premises Identification. Buildings shall have approved address. numbers placed in a position
2 to be plainly legible and visible from the street or road fronting the property. These numbers
3 shall contrast with their background. Address numbers shall;be Arabic numerals or alphabet
4 letters. Numbers shall be a minimum of 4 inches (102mm) high, with a minimum stroke width
5 of 0.5 inch (12.7mm).
6
7 Exception: Rural residential buildings shall not be required to comply with this section,
8 provided such buildings have a form of building identification that has been approved by
9 the fire code official.
10
11 CHAPTER 1.11
12 PROPERTY INSPECTIONS AND ABATEMENT
13
14
15 - 1.11.010 Authority to inspect property.
16
17 An enforcement officer may, upon presentation of proper credentials, enter upon any affected
18 property at any reasonable time to inspect the same or'to,perform any act or acts as may be
19 related to the performance' of his or her enforcement duties,, subject to the procedures below.
20 Inspections may include or involve the taking of photographs, samples, measurements, surveys,
21 or obtaining other physical evidence, and /or conferring with any person(s) present at the
22 affected property or location, as permitted by law and consistent with legally recognized
23 privacy rights. If an enforcement officer has reasonable cause to believe that a condition exists
24 that poses an imminent or immediate threat of harm to persons or property, or to public health,
25 welfare or safety, the enforcement officer may enter the affected property or location without
26 prior notification to the owner or occupant. In all other cases, an enforcement officer shall give
27 the owner and /or occupant, if the same can be located after reasonable effort, reasonable
-28- notice of a request for consent to enter the affected property for purposes of conducting an
29 inspection. If an owner or occupant refuses entry after a request for entry has been properly
30 made or the owner or occupant cannot be located after reasonable effort, the enforcement
31 officer shall seek an inspection warrant from a court of competent jurisdiction, and the costs of
32 obtaining the inspection warrant shall be included as costs of abatement.
33
34 1.11. 020 Authority to obtain records.
35
36 In any enforcement action, the city attorney, enforcement. officer, or hearing officer shall have
37 the right and authority to request and review records from the responsible party or any third
38 panty that is, or may be, related to the subject matter of the .enforcement action, and to make
39 copies of the same (at the expense of the city), in any manner authorized by law.
40
41 1. 11.010 Authority to abate nuisance conditions.
42
43 If an abatement order requires or authorizes the city to abate a nuisance condition or to correct
44 any other violation of this code, an authorized representative of the city may petition a court of
45 competent jurisdiction for an abatement warrant authorizing an enforcement officer or any
46 employee, authorized agent, representative or contractor of the city to enter onto any affected
47 property to abate the nuisance condition. An abatement warrant, as contemplated in this
48 section, shall be requested in the same manner, and. be insubstantiallythe same form, as an
49 inspection warrant. The costs of obtaining the abatement warrant may be included as costs of
50 abatement. The city shall seek the consent of the responsible party or owner to allow the city to
51 perform the necessary work prior to.seeking an abatement warrant from a court.
52
53 1.11:040 Execution of inspection warrant or abatement warrant.
Ordinance No. 2385 N.C.S. Page 26
I Upon issuance of an inspection warrantor a_ batement warrant,. as described in this chapter, the
2 enforcement officer shall cause such warrant to be executed in accordance with the
3 procedures set forth in Code of Civil' Procedure Section 1822.56.
4
5 1.11;1.050 Recordation of notice.
6
7 A. Whenever the code official or designated representative determines that a nuisance, as
8 defined in this code, exists, the code official or designated representative may submit for
9 recordation a notice of code violation or notice of substandard conditions with the office of
10 the county recorder. The code official or designated representative shall notify the owner of
11 record, as shown on the most recent tax roll, of the recordation.
12
13 B. The owner may request an appeal hearing before an administrative hearing officer per the
14 procedures set forth in section 1.14.070. All hearings shall be conducted pursuant to the
15 procedures set forth in Sections 1. 14.090 and 1.14.100.
16
17 C. At such time as the code official or designated representative determines that the nuisance
18 has been corrected or removed, the code official or designated representative shall cause
19 a release of notice of code violation or substandard conditions to be recorded in the office
20 of the county recorder. A fee, as set forth by resolution. of the city council, may be charged
21 to the property owner for preparation and recordation of a release of notice of code
22 violation or substandard conditions.
23
24 CHAPTER 1.14
25 NOTICE °OF VIOLATION
26
27 1.14.01.0 Authority of enforcement officer.
28
29 An enforcement officer shall have the authority to gain compliance with this code, including the
30 power to issue a notice of, viol afion "NOV ") as described below, the power to inspect public
31 and private property, the power to record a notice of` viol ation .against any property related to
32 the violation, and the power to carry out the provisions of an- abatement order.
33
34 1.14.020 Notice of violation.
35
36 A. Whenever an enforcement' officer finds that a provision of this code has been violated,
37 including but not limited to a failure to comply with a term or condition imposed by any
38 agreement, entitlement, permit, license or environmental document issued or approved by
39 or on behalf of the city or the Petaluma community development commission, or a failure, to
40 comply with any other laws the violation of which constitutes a nuisance condition, and such
41 officer elects to pursue administrative enforcement pursuant to Chapters 1.10 through 1.16,
42 he or she may issue the responsible party an NOV.' Such NOV shall be served on the
43 responsible party. in the manner described in subsection B of this section. The enforcement
44 officer shall include the following information in the NOV:
45
46 1. The date and location of the violation, including the address or other description of the
47' location where the violation occurred or is occurring and a brief description of the
48 conditions observed that constitute a violation.
49
50 2. The name(s) of the responsible party(ies), if known.
51
52 3. The code sections) being violated and a description of the section(s).
53
Ordinance No. 2385 N.C.S. Page 27
1 4. Actions required to correct, abate or mitigate the nuisance condition or code violation,
2 and a period of time. during °which action(s) shall be commenced and completed,
3 considering the factors listed in Section 1.14.040.
4
5 5. An order prohibiting the continuation or repeated occurrence of a nuisance condition or
6 violation of this code described in the NOV.
7
8 6. Except when the enforcement officer orders the responsible party to appear at a
9 hearing to show cause pursuant to Section 1.14.030, a statement that the person upon
10 whom the NOV is served may appeal the determination that there is /are violation(s) as
11 alleged, that the person who was served with the NOV is the responsible party, or that
12 the - amount of any administrative fine imposed is warranted. The NOV will instruct the
13 person being served as to the proper procedure and time frame for submitting an
14 appeal.
15
16 7. If applicable, notice.that failure to correct or abate the listed violations in the NOV within
17 the time specified will subject the responsible party to a penalty pursuant to Section
18 1.14.050. If a penalty will be; imposed, the NOV shall include the amount of the penalty.
19
20 8. The signature of the citing enforcement officer and city contact information (address,
21 telephone number) for additional information.
22
23 B. The NOV shall be served upon the responsible party or owner personally or by United States
24 mail, first -class postage prepaid,, and if by such mail it shall be sent to the last known address
25 listed on the most recent tax a_ ssessor's records. In the case of personal service, service shall
26 be deemed complete'atthe time of such delivery. In the case of service by first -class mail,
27 service shall be deemed complete at the time of deposit into. the United. States mail. Where
28 service is by first -class mail, a copy of the NOV shall be conspicuously posted at the affected
29 property when reasonably practicable for a period of not less than three calendar days prior
30 to the first date that commencement of corrective action or abatement is to be
31 undertaken. The failure to an NOV sent via first -class mail shall not affect the validity
32 of any enforcement proceedings .under Chapters 1.10 through 1.16.
33
34 C. Proof of service shall be certified by a written declaration under penalty of perjury executed
35 by the person effecting service, declaring the date, time, and manner of service, and the
36 date and place of posting, if applicable. The declaration shall'be affixed to a copy of the
37 NOV and retained by the enforcement officer.
38
39 D. The failure of an NOV to satisfy all of the requirements of this provision shall not affect the
40 validity of any other enforcement proceedings under this code.
41
42 1. 14.030 Order to show cause hearing.
43
44 Subject to the provisions of Sections 1. 14.010 and 1.14.020, any NOV issued by an enforcement
45 officer may iri'clud "e an•oederrequiring the responsible party to appear at a hearing to show
46 cause why such nuisance condition or other code violation should not be abated by the city at
47 the responsible party',s expense. Such hearing shall be referred to as an order to show cause
48 hearing, or OSC hearing. All OSC hearings shall be conducted pursuant to the procedures set
49 forth in Sections 1. 14.090 and 1.14.100, and subject to all of the provisions of this chapter.
50
51 1.14040 Time allowed for abatement.
52
53 In any NOV or abatement order issued, the time allowed for abatement shall be a "reasonable
54 time" based upon the circumstances of the particular violation, taking into consideration the
Ordinance No. 2385 N.C.S. Page 28
I means required to abate the violation, the period of time that the violation has existed, and the
2 potential threat to public health and safet.ycreated by the violation. If the violation pertains to
3 building, plumbing, electrical, mechanical or other similar structural zoning issues and does
4 not pose an imminent or immediate threat of harm to persons or property, or to public health,
5 welfare &,safety, the responsible party shall be provided not less than fifteen days in which to
6 abate or otherwise remedy the violation. The determination of timely compliance, abatement,
7 mitigation or elimination of the violation shall be made by the enforcement officer, hearing
8 officer, or other authorized city official.
9
10 1.14.050 Imposition of pen.alfies.
11
12 Any nuisance condition or violation of any provision of this code, including a failure to comply
13 with a term or condition imposed by any agreement, entitlement, permit, license or
14 environmental document issued or approved by or on behalf of the city or the Petaluma
15 community development commission „or a failure to comply with any county, state or federal
16 law, may subject the responsible party to a penalty imposed pursuant to the city's general
17 police powers, and /or Government Code Sections 36901 and 53069.4. Whether to impose a
18 penalty shall be within the discretion of the enforcement officer.
19
20 A. The amount of any penalty that may be imposed for a violation that would otherwise be an
21 infraction steal( not exceed the, amounts set forth in Government Code Section 36900(b), as
22 amended from time to. time. The amount of any penalty that may be "imposed for all other
23 violations (i.e.,.violations that would otherwise be misdemeanors) shall not exceed one
24 thousand dollars per day. In determining the amount of a penalty, the following factors
25 should be taken into consideration:
26
27 1. Duration of the violation.
28
29 2. Frequency, reoccurrence, or number of violations by the same person.
30
31 3. Seriousness of the violation and /or its impact on the community and /or the degree of
32 culpability of the responsible party.
33
34 4. Justification, if any., for the existence, or continuance, of the violation.
35
36 S. Whether the violation is susceptible to restoration or other mitigation.
37
38 6. Good faith efforts to mitiggte the violation or to come into compliance, pursuant to the
39 terms of the NOV or abatement order.
40
41 7. Sensitivity of any affected resource.
42
43 8. Any profits or other economic benefit realized by the responsible party resulting, directly
44 or indirectly, from the violation.
45
46 9. The city's schedule of administrative penalties.
47
48 10. Such other factors as justice may require.
49
50 B. Each and every day during any portion of which a nuisance condition exists or continues
51 may be deemed a separate and distinct violation for purposes of setting the amount of
52 penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the
53 penalty becomes effective until the violation is corrected.
54
Ordinance No. 2385 N.C.S. Page 29
1
C.
Any penalty amount is a debt owed to the city. In addition to allot her means of
2
.enforcement,: a penalty maybe enforced as a personal obligation of `the responsible party.
3
If the violation is in connection with real property, a penalty may also be enforced by
4
imposition of a lien or special assessment upon the real property, as described in Section
5
l .l 4.140. Any lien or special assessment imposed upon real property shall remain in effect
6
until the penalty is paid in full.
7
8
D.
The hearing officer, in his /her discretion, may suspend the imposition of any applicable
9
penalty for a period of time notto.exceed sixty days during which the responsible party has
10
demonstrated a willingness, to correct the violations listed in the NOV or comply with an
11
abatement order, or has applied for permits required to achieve compliance and such
12
permit applications are actively pending before, or have already been issued by, the city,
13
the state, or other appropriate governmental agency, or under any other circumstances
14
that would justify a suspension, of the penalty.
15
16
1.14'.060
Payment and collection of penalty.
17
18
A.
If a penalty is imposed and the responsible party fails to appeal the penalty as specified in
19
Section 1.14.070, the responsible party shall pay the amount of the penalty within thirty days
20
of the effective date of the penalty, unless an extension of time is requested by the party
21
against whom the penalty is imposed and the request is granted' by the city manager. Any
22
penalty imposed shall be payable to the city, or to a collection agency if the penalty has
23
been assigned to a collection agency pursuant to subsection C of this section.
24
25
B.
If the amount of any penalty imposed for a violation relating to an affected property has not
26
been satisfied in full within sixty days of the date due and has °not been successfully
27
challenged by appeal or in court, the penalty amount may become a special assessment or
28
lien, against the affected property, as provided in Section 1..14.140. If the city elects to make
29
any penalty a special assessment or lien against the. affected property, a statement of the
30
amount due, and any additional costs or expenses that might' be recoverable as part of the
31
enforcement action, shall 'be prepared and submitted to the council for confirmation in
32
accordance with the procedures described in Section 1.14.130.
33
34
C.
Notwithstanding subsection B of this section, the amount of any unpaid penalty may be
35
collected by commencement of a civil action to collect such penalty, or in any other
36
manner provided by law for the collection of debts, including assignment of the debt to a
37
collection agency. Subject to the requirements of Chapters 1.10 through 1.16 and other
38
applicable law, amounts assigned for collection are subject to collection agency rules,
39
regulations and policies. The city shall be entitled to recover any and all costs associated
40
with collection of any such penalty.
41
42
D.
The payment of a penalty by or on behalf of any responsible party shall not relieve such
43
party from the responsibility of correcting, removing or abating the nuisance condition, or
44
performing restoration where required, nor prevent further proceedings under Chapters 1.10
45
through 1.16 or any authority to achieve the correction, removal or abatement of the
46
nuisance, or any required restoration.
47
48
E.
Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this
49
chapter on or before the date that penalty is due also shall be liable for the payment of any
50
applicable late payment charges set forth in the schedule of penalties.
51
52
1.14:070
Appeal of NOV.
53
Ordinance No. 2385 N.C.S. Page 30
I A. A person or entity named as the responsible party in an. NOV may appeal the determination
2 that there is /are violations) as alleged in the NOV that the person or entity who was served
3 with the NOV is the responsible party, that a penalty or the amount of a penalty is
4 warranted, or any other terms of an NOV. If an OSC hearing has been scheduled pursuant to
5 Section 1.1.4.030, the OSC hearing shall serve as the appeal hearing authorized by this
6 section.
7
8 B. Any person appealing an NOV must obtain a "Request for Hearing" form from the City
9 Clerk's Office, located at Petaluma City Hall, 1 1 English Street, Petaluma, California, 94952,
10 and return it to the City Clerk's Office, fully completed within fifteen days from the date of
11 service of the NOV.
12
13 C. At the time of returning the request for hearing form to the City Clerk's Office, the person or
14 entity requesting the appeal. hearing shall deposit in advance the amount of any imposed
15 fine. No appeal shall proceed without payment of the applicable fines at the time the
16 appeal is filed; provided, that the city manager may waive or defer the appeal fee upon
17 written request for good cause shown. Good cause may include severe economic hardship,
18 significant attempts to comply with the notice and order, and other factors indicating good
19 faith attempts to comply.
20
21 D. Failure to timely submit a completed request for hearing form or to pay the advance deposit
22 of any fine constitutes a waiverof the right to appeal and a failure to exhaust administrative
23 remedies.
24
25 1.14.080 Enforcement stayed during appeal.
26
27. Enforcement of an NOV or penalty shall be stayed during the pendency of an appeal therefrom
28 which is properly and timely filed unless the city obtains an order from a court of competent
29 jurisdiction requiring or authorizing the abatement of the condition that is the subject of the city's
30 enforcement efforts.
31
32 1.M090 Appeal hearings.
33
34 A. An appeal hearing based on a request for hearing shall be set for a date not less than ten
35 days nor more than sixty days from the date the request for hearing form is filed unless the
36 enforcement officer determines that the matter is urgent or that good cause exists for an
37 extension of time, in which case the hearing date may be shortened or extended, as
38 warranted by the circumstances.
39
40 B. A hearing under authority of this section shall 'be conducted according to the procedures
41 set forth herein. The failure of the responsible party or otherinterested party to appear at the
42 hearing following proper notice shall constitute a waiver of the right to be heard and a
43 failure by such party to exhaust his /her administrative remedies.
44
45 1. When a request for hearing, is filed, the City Clerk's Office or their designee shall set
46 the time and place for hearing pursuant to subsection A of this section, and shall
47 serve a notice of hearing either personally or by U:S. mail, first -class postage prepaid,
48 to the appellant at the address provided in the request for hearing form. The time for
49 such hearing shall be no sooner than ten days from the date of service of the notice
50 of hearing.
51
52 2. At the place and time set forth in the notice of hearing, the hearing officer shall
53 conduct a hearing on the alleged violations. Any responsible party or other
54 interested person(s) may appear and offer evidence as to whether a violation has
Ordinance No. 2385 N.C.S. Page 31
I occurred and /or whether .the violation continues to exist, whether the person cited in
2 the NOV is there party for any such violation, .whether a penalty >or the
3 amount of.a,penalty is "warranted, or any other matter pertaining thereto. Evidence
4 presented by the enforcement officer or other official of the city tending to show that
5 a violation occurred and that the person named or) the NOV is the responsible party
6 shall establish a prima facie case that a violation, as charged, actually existed and
7 that the person named: in the :NOV is the responsible party for' °the violation. The
8 burden of proof shall then be on the responsible party to refute such evidence. The
9 standard to be applied for meeting such burden shall be a preponderance of
10 evidence.
11
12 3. The hearing officer shall consider written or,oral testimony or other evidence
13 regarding the violation presented by the responsible party, the owner, the occupant,
14 any officer, employee, or-agent of the city, and any other *i interested party. Evidence
15 offered during a hearing must be credible and relevant in the estimation of the
16 hearing officer, but formal rules governing the presentation and consideration of
17 evidence shall not apply.
18
19 4. The hearing officer shall conduct the hearing, order the presentation of evidence,
20 and make any rulings necessary to address procedural issues presented during the
21 course of the hearing.
22
23 5. After receiving all of the evidence presented, the hearing .officer may then
24 _, deliberate and consider what action, if any, should be taken, or may adjourn the
25 hearing and .take the matter under consideration.
26
27 1.14:100 Decision of the hearing officer and abatement order.
28
29 A. Within ten days following the conclusion of the hearing, the hearing officer shall make a
30; decision regarding the issues presented during the course of the hearing, and the decision
31 shall be based on a preponderance of the evidence. After'making a decision, the hearing
32 officer may issue an abatement°order. If the hearing officer finds that no violation occurred,
33 .,that the violation was corrected within the specified time period, or that the person cited is
34 not the responsible party; the hearing officer may issue an administrative order to reflect
35 those facts.
36
37 B. The responsible party and any interested party requesting a copy of an abatement order or
38 administrative order shall be served with a copy of said order in the same manner as used for
39 service of a notice of hearing as described in Section 1.14.020(8).. Proof of service of the
40 abatement order or administrative order shall 'be certified by a written declaration under
41 penalty of perjury executed by the person effecting service, declaring the date, time, and
42 manner that' service was made.
43
44 C. ;Subject to Section 1.'14_080, above, an abatement, order shall become effective and
45 enforceable following the announcement or service of such order unless the order includes
46 a later. effective,date. It shall include a statement of the right to have the order judicially
47 reviewed in the manner and in the time frames specified' in Section 1.14.1 10.
48
49 D. An abatement order may include any combination of the following remedies:
50
51 1. Impose or uphold a penalty, subject to Government Code Sections 36900(b) and
52 53069.4.
53
Ordinance No. 2385 N.C.S. Page 32
1 2. Issue a "cease and desist" order requiring the responsible party, or any agent,
2 representative, employee, or contractor of the responsible party, to immediately stop
3 any act, conduct., or condition that is a violation of this code. A cease and desist order
4 issued pursuant to this section shall be effective upon issuance and shall be served on
5 the responsible party in the manner specified in Section 1.14.020(B).
6
7 3. Require the responsible party to correct or eliminate any violation, including .a proposed
8 schedule for correction or elimination of said violation within a reasonable time. If a
9 violation pertains to building, plumbing, electrical, or any other structural or zoning issues
10 and the violation does not create an immediate threat to health or safety, the
11 responsible party shall be provided at least fifteen calendar days to correct, abate, or
12 otherwise remedy the violation.
13
14 4. Require the responsible party; or authorize the city, to restore a site or location that has
15 been damaged or disturbed as a result of a violation,of this code to a previolation
16 condition. Any order authorizing the city to undertake restoration efforts shall include
17 provisions for the cityto recover all restoration costs and expenses, including
18 administrative costs, from the responsible party.
19
20 5. Require the responsible party, or authorize the city, to mitigate any damage or
21 disturbance to protected or environmentally sensitive areas, as a result of any violation,
22 including without limitation off -site replacement of damaged or destroyed natural
23 resources where on -site restoration or mitigation is not feasible, as determined by the city.
24 Any order authorizing the city to undertake mitigation efforts shall include provisions for
25 the city to recover all coss of abatement, including mitigation costs and expenses, from
26 the responsible party.
27`
28 6. Impose conditions that restrict, or regulate the development of, use of, or activity on real
29 property where a nexus .exists between the violation'(s) and the development, use or
30 activity. Conditions may beimposed until the violations are fully abated. Restrictions and
31 regulations on current or future development, use or activity may include site restoration
32 and /or the suspension or revocation of any entitlements issued by the city.
33
34 7. Authorize the city to abate or cause the abatement of a nuisance condition where the
35 responsible party has refused or has otherwise neglected to take steps to correct or
36 eliminate said conditions. The abatement order shall specify that if the city undertakes to
37 abate or eliminate any nuisance condition as provided in Section 1.1 1.030, the city shall
38 be entitled to recover all costs of abatement incurred in performing such work and other
39 costs necessary to enforce the order. Such costs may be recovered by the city as a
40 personal obligation and /or through a lien or a special assessment on the affected
41 property as provided in Section 1.14.140.
42
43 8. Sustain, modify, or overrule an NOV issued by an enforcement officer.
44
45 9. Any other order or remedy that serves the interests of justice.
46
47 E. The city may seek to enforce any abatement order by confirmation from a court of
48 competent jurisdiction. Any abatement order that is judicially confirmed may be enforced
49 through all applicable judicial enforcement measures, including without limitation, contempt
50 proceedings upon a subsequent violation of such order.
51
52 1.14.110 Judicial review.
53
Ordinance No. 2385 N.C.S. Page 33
A. Any responsible party who is aggrieved by a decision of a hearing officer; or of a board,
commission, department, agency, or person authorized to render such a or
on behalf
of city pursuant to Chapters 1.10 through 1.16, and who has the administrative
remedies provided in this code, or any other applicable law, shall have the right to seek
. judicial review of such decision by filing a petition forwrif of mandate in accordance with
Code of Civil, Procedure Section 1094.5. A petition for writ of mandate must be filed within
ninety days after the administrative decision becomes final (as determined in Code of Civil
Procedure Section 1094.6).
Notwithstanding these time limits, where a shorter time limitation is provided by any other
law, including that set forth in Government Code Section 53069.4 (see subsection E of this
section), such shorter time limit shall apply.
B. Written notice of the time limitation in which a party may seek judicial review of an
abatement order shall be.given to all responsible parties in the matter by the city in
substantially the following form:
''Judicial review of this decision may be sought by following the procedure outlined in Code
of Civil Procedure Section 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 provided by any state or federal law, 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 proceeding that is barred by law or equity.
D. All costs of preparing an administrative record that. maybe recovered . by a local agency
pursuant to Code of Civil Procedure Section] 094.5 (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 remedies provided in this code or other applicable law may obtain
: judicial review of said penalty pursuant. to Government 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 penaltyis imposed in substantially
the following form:
"The time within which judicial review of the penalty imposed by this 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 abatement.
The city may elect to recover costs to abate nuisance conditions or other code violations,
including'w,ithout 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 inspections) 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 prevailing party shall be entitled to
recover 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 of the costs of enforcement shall be in addition to
any penalty imposed on the responsible party.
Ordinance No. 2385 N.C.S. Page 34
1
2
1.14.130
Cost accounts.
3
4
A.
If any order authorizes the city to abate a nuisance condition or other code violations, the
5
city official responsible for such abatement shall keep an accounting of the cost of
6
abatement along with any other recoverable costs, and shall render a written report ( "the
7
cost report ") to the city council showing the cost of removing and /or abating the nuisance
8
condition and describing thework performed. The cost report shall be agendized as a
9
''public hearing" item by the city clerk at a subsequent city council meeting following the
10
required notice periods.
11
12
B.
At least ten days prior to the submission of the cost report to the city council, the City Clerk's
13
Office or their designee shall cause a copy of the cost report to be mailed to the responsible
14
party and /or to the owner of the property where the nuisance condition existed. If the
15
nuisance concerns real property, a copy of the cost report shall be mailed to the owner(s) at
16
the address shown for such owner(s) on the last tax roll. The City Clerk's Office or their
17
designee shall also cause a;notice of hearing to be mailed to the same person(s) or entity
18
receiving a copy of•the cost report. 'The. notice of hearing shall set forth the date, time and
19
location of the city council meeting at which the cost report shall be submitted to the city
20
council.
21
22
C.
At the time and place fixed for receiving and considering the cost report, the city council
23
shall hear a summary of the cost report and any objections by the responsible party or
24
property owner against whore such costs are being charged or against whose property an
25
abatement lien or special assessment may be imposed. After.considering the cost report
26
and any objections thereto, the city council may make!such modifications to the cost report
27
as it deems appropriate, after which the report may be confirmed by order of the city
28
council.
29
30'
D.
A copy of a council order confirming costs against the responsible party shall be served on
31
the party within ,ten days of such order in the manner described in Section
32
1.14.020(B). Any responsible party against whom costs of. abatement and any other costs are
33
awarded by council ordershall' have the right to seek judicial review of such order by filing a
34
petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
35
36
1.14:140
Imposition of liens or special assessments.
37
38
A.
Any'penalty imposed for violations of - this code, including any other codes or statutes that
39
have been incorporated into this code, any administrative costs or other expenses of
40
enforcement, and the cost ,or expenses associated with the abatement of a nuisance
41
condition that are levied'in "accordance with Chapters 1.10 through 1. 16, whether imposed
42
or levied judicially or administratively, may be enforced by the recordation of alien against
43
the -property of the owner of the real property where the nuisance condition existed. Any
44
such lien shall be recorded in the office of the Sonoma County recorder, and from the date
45
of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by
46
this subsection shall specify the amount of the lien, that the lien is being imposed on behalf
47
of the city, the date of the NOV and abatement order, the street address, legal description
48
and assessor's parcel number of the parcel on which the lien is imposed, and the name and
49
address of the record owner of the parcel.
50
51
B.
Before recordation of a lien authorized by this section, a notice of lien shall be served on the
52
responsible party and /or owner of record of the parcel of land on which the nuisance
53
existed, based on the last equalized assessment roll or the supplemental roll, whichever is
54
more current. The notice of lien shall be served in the same manner as a summons in a civil
Ordinance No. 2385 N.C.S. Page 35
1 action. If the owner of record cannot be found, after a diligent search; the notice of lien
2 may be served by posting a copy thereof in a conspicuous place upon the property for a
3 period of ten .days: and publication thereof in a newspaper of general circulation published
4 in Sonoma County.
5
6 C. Any fee imposed on the city by the county recorder for costs of processing and recording
7 the lien as well as the cost of`providing notice to the owner in the manner described herein
8 may be recovered from the owner in any foreclosure action to enforce the lien following
9 recordation.
10
11 D. As an alternative to the lien procedure described above, any penalty imposed for violations
12 of this code, including any other codes or statutes that have been incorporated into this
13 code, and any costs of enforcement or administration or expenses associated with the
14 abatement of any nuisance levied in accordance with Chapters 1.10 through 1. 16, whether
15 imposed or levied judicially or administratively, may become a special assessment against
16 the real property where the nuisance condition(s) existed. Any special assessment imposed
17 on real, property pursuant to this section may be collected at the same time and in the same
18 manner as ordinary municipal'taxes are collected, and shall.be subject to the same
19 penalties and the same procedure and sale in case of delinquency as is provided for
20 ordinary municipal taxes. Notice of any special assessment that is levied on real property
21 pursuant to this section shall be given to the owner by certified mail, and shall contain the.
22 information set forth in Government Code Section 38773.5(c). All Paws applicable to the levy,
23 collection, and enforcement of municipal taxes, including those described in Government
24 Code Section 38773.5(c =), shall be applicable to such special assessment.
25
26
27' Footnotes
28 'An NOV is not.required if the enforcement officer determines that summary abatement is
29 required, pursuant to Chapter 1.15'.
30
31
32 CHAPTER 1.15
33 SUPPLEMENTARY ENFORCEMENT'AUTHORITY
34
35 1.15.010 Summary abatement procedure.
36
37 Notwithstanding any other provision of this code, whenever, in the reasonable judgment of the
38 enforcement officer, the existence or continuance of any violation of this code or any nuisance
39 condition poses an imminent or immediate threat of harm to persons or property, or to public
40 health, welfare or safety, an enforcement officer may act immediately and without prior notice
41 or hearing to abate such violation.or condition. The expense or cost resulting from such summary
42 abafement shall be as,a personal obligation of the responsible party and may be
43 imposed as a' lien or a special assessment on real property, as described in Section 1.14.140.
44
45 1. 15.020 Enforcement methods provided herein not exclusive.
46
47 Nothing in Chapters 1.10 through, l . 16 shall prevent the city from initiating any other legal or
48 equitable proceeding to obtain compliance or to discourage noncompliance with the
49 provisions of this code. The enforcement procedures described in.Chapters 1.10 through 1.16 are
50 intended to be alternative methods of obtaining compliance or discouraging noncompliance
51 and are expressly intended to be in addition to any other remedies provided by law or this
52 code. It is the intent of the city council that the immunities prescribed in Penal Code Section
53 836.5 and Government Code Section 820.2 shall be applicable to the enforcement officer, and
Ordinance No. 2385 N.C.S. Page 36
1 any other public officers or employees, acting in the course and scope of employment pursuant
2 to Chapters 1.10 through 1.16.
3
4 1.15.030 No mandatory duty of care.
5
6 Chapters 1.10 through 1.16 are not intended to impose, and shall not be construed or given
7 effect in a manner that imposes upon the city, or any officer, employee, agent, or
8 representative of the city, a mandatory duty of care toward persons or property within and
9 without the city limits, so as to provide a basis of civil liability for damages, except as may
10 otherwise be imposed bylaw.
11
12 Chapter 1.16
13 ADMINISTRATIVE CITATIONS
14
15 1.16.010 Applicability.
16
17 This chapter provides for administrative citations which are in addition to all other legal
18 remedies, administrative, criminal or civil, which may be pursued by the city to address any
19 violation of this code or other public nuisances.
20
21. 1. 16.020 Administrative citation.
22
23 A. Whenever an enforcement . officer charged with the enforcement of any provision of this
24 code determines that a violation of that provision has occurred, the enforcement officer
25 shall have the authority to issue an administrative citation to any person responsible for the
26 `violation.
27
'28 6. Each administrative citation shall contain the following information:
29
30 1. The date of the violation.
31
32 2. The address or a definite description of the location where the violation occurred.
33
34 3. The section of this code violated and a description of the violation.
35
36 4. The amount of the penalty for the code violation.
37
38 5. A description of the penalty payment process, including a description of the time within
39 which and the place to which the penalty shall be paid.
40
41 6. An order prohibiting the continuation or repeated occurrence of the code violation
42 described in the administrative citation.
43
44 7. A description of the administrative citation review process, including the time within which
45 the administrative citation may be contested and the place from which a request for
46 hearing form to contest the administrative citation may be obtained.
47
48 8. The name, signature and department of the citing enforcement officer.
49
50 1.16:030 Amount of penalties.
51
52 A. The amounts of the penalties for code violations imposed pursuant to this chapter shall be
53 set forth in a schedule of penalties established by resolution of the city council.
54
Ordinance No. 2385 N.C.S. Page 37
1 B. The schedule of penalties shall specify any increased penalties for repeat violations of the
2 same code provision by the same person or responsible party.
3
4 C. The schedule of penalties shall specify the amount of any late payment charges imposed for
5 the payment of a penalty after its due date.
6
7
8
9 1 ".16:040 Payment of the penalty.
10
11 A. The penalty shall be paid to the city within thirty days from the date of the administrative
12 citation.
13
14 B. Any administrative citation penalty paid pursuant to subsection A of this section shall be
15 refunded in accordance with Section 1.16.080(E) if it is determined, after a hearing, that the
16 person charged in the administrative citation was not responsible for the violation or that
17 there was no violation as charged in the administrative citation.
18
19 C. Payment of a penalty under this; chapter shall not excuse or discharge any continuation or
20 repeated occurrence of the code violation that is the subject of the administrative citation.
21
22 1.16:050 Hearing request.
23
24 A. Any recipient of an administrative citation may contest that °there was a violation of this
25 code, or that he or she is the responsible party, or that the amount of a penalty is excessive
26 or is not warranted based on, the particular circumstances; by completing a request for
27 hearing form and returning it to the City Clerk's Office within fifteen days from the date of
28 the administrative citation, together - with an advance deposit of the penalty, except where
29 an advance deposit hardship waiver has been obtained in accordance with procedures
30 adopted by the director of administrative services.
31
32 B. A request for hearing form may be obtained from the City Clerk's Office.
33
34 C. The person requesting the hearing shall be notified'of the time and place set for the hearing
35 at least ten days prior to the date of the hearing.
36
37 D. Additional Reports. If the enforcement officer submits an additional written report
38 concerning the administrative citation to the hearing officer for consideration at the hearing,
39 then a copy of this report also shall 'be provided to the person requesting the hearing at least
40 five .days before the date of the hearing.
41
42 1:16.060 Administrative hearing officer.
43
44 The city manager shall designate administrative hearing officers who shall conduct any hearings
45 on contests to administrative citations.
46
47 1.16.070 Hearing procedure.
48
49 A. No hearing to contest an administrative citation, before an administrative hearing officer
50 shall be held unless the penalty has been deposited in advance in accordance with Section
51 1.16.050 or an advance deposit hardship waiver has been obtained in accordance with
52 procedures adopted by the director of administrative services.
53
Ordinance No. 2385 N.C.S. Page 38
1
B.
A hearing before the administrative hearing officer shall be for a date that is not less than
2
fifteen days and. not more than sixty days from the date that the request for hearing is filed in
3
accordance with the provisions of this chapter.
4
5
C.
At the hearing, the party contesting the administrative citation, the enforcement official (s),
6
witnesses, and any other interested parties shall be given the opportunity to testify and to
7
present evidence concerning the administrative citation.
8
9
D.
The failure of any recipient of an administrative citation to appear at the administrative
10
citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust their
11
administrative remedies.
12
13
E.
The administrative citation and any report submitted'by the code enforcement official to the
14
administrative hearing officer shall constitute prima facie evidence of the respective facts
15
contained in those documents.
16
17
F.
The administrative hearing officer may continue the hearing for good cause, and request
18
additional information from the code enforcement official or the. recipient of the
19
administrative citation prior to issuing a written decision; provided, that the hearing shall not
20
be continued for more than fifteen days.
21
22
1.16.080
Administrative hearing - officer's decision.
23
24
A.
After considering all of the testimony'and evidence submitted at the hearing, and within
25
fifteen days after the conclusion of the hearing, the administrative hearing officer shall issue
26
a written decision regarding the administrative citation and shall list in the decision the
27
reasons for that decision. The decision of the administrative hearing officer shall be final,
28
unless judicial review of .that decision is requested in accordance with this Chapter.
29
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B.
The administrative hearing officer's decision shall include a statement that the person who
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"received the administrative citation may contest the decision by filing a notice of appeal in
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accordance with the timelines and procedures specified in Government Code Section
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53069.4.
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C.
If the administrative hearing officer determines that the administrative citation should be
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upheld, then the penalty amount on deposit with the city shall be retained by the city.
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D.
If the administrative hearing officer determines that the administrative citation should be
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upheld and the penalty has not been deposited pursuant to an advance deposit hardship
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waiver, the administrative hearing officer shall set forth in the decision a schedule for
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payment of the penalty, which shall not extend more than one hundred and eighty days
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from the date of the decision.
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E.
If the administrative hearing officer determines that the administrative citation should not
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have been issued, or the amount of an administrative penalty should be canceled or
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reduced, and the original penalty amount was deposited with the city, then the city shall
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promptly refund the amount of the deposited penalty, together with any interest earned
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thereon by the city for the period of time that the penalty amount was held by the city.
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F.
The recipient of the administrative citation shall be served with a copy of the administrative
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hearing officer's written decision by the hearing officer.
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1. 16';.090
Late payment charges.
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Ordinance No. 2385 N.C.S. Page 39
I Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this
2 chapter on or before the date that penalty is due also shall be'liable:for the payment of any
3 applicable late payment charges set forth in the schedule of penalties.
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5 1.1.6.100 Recovery of administrative citation penalties and costs.
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7 The city may collect any past due administrative citation penalty or late payment charge by use
8 of all available legal means. The city also may recover its collection costs, and reasonable
9 attorney's fees, in any civil action brought to collect administrative citation penalties and late
10 payment charges.
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12 1. 16.110 Right to judicial review.
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14 Any person aggrieved by the decision of an administrative hearing officer on an administrative
15 citation may obtain review of the decision with the Sonoma County Courts in accordance with
16 the timelines and procedures set forth in California Government Code Section 53069.4.
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18 1.16'.120 Notices.
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20 A. Method of Service. The administrative citation and all notices required to be given by this
21 chapter shall be served on the responsible party either by personal service, by first class mail,
22 or by certified mail, return receipt requested.
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24 B. Real Property. When real property is involved in the violation, the original notice, the
25 administrative citation and all notices required to, be given by this chapter shall be served on
26 the responsible party and, if different, to the property owner at.:the address as shown on the
27 last equalized county assessment roll. The, city may, in its discretion, also serve notice on a
28 tenant, a mortgagor or any other person having an interest in the property.
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30 C. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect
31 the validity of any.proceedings taken under this chapter."
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33 Section 2: Chapter 8.24 of Title 8 of the Petaluma Municipal Code is repealed in its entirety
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35 Section 3 . The City Council finds that adoption of this ordinance is exempt from the California
36 Environmental Quality Act ( "CEQA "), pursuant to Sections 15061(b ) (3) (no possibility that the
37 activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a
38 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
39 Code of Regulations).
4'0
41 Section:4 If any section, subsection, sentence, clause, phrase or word of this ordinance is for
42 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
43 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
44 validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
45 hereby declares that it would have passed and adopted this ordinance and each and all
46 provisions thereof irrespective of the fact that any one or more of said provisions be declared
47 unconstitutional, unlawful or otherwise invalid.
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49 Section 5 . This ordinance shall become effective thirty (30) days after the date of its adoption by
50 the Petaluma City Council.
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52 Section 6 . The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
53 period and in the manner provided by the City Charter and any other applicable law.
54
Ordinance No. 2385 N.C.S. Page 40
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INTRODUCED and order posted/ published this 15th day of November, 2010.
ADOPTED this day of
Ayes:
Noes:
Abstain:
Absent:
2010 by the following vote:
Pamela Torliatt, Mayor
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. 2385 N.C.S.
Page 41