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HomeMy WebLinkAboutOrdinance 1755 N.C.S. 05/01/1989 ~ '~~~c~~ MAY 3 1 1989 ORDINANCE NO. 1755 N.C.S. Introduced By Councilman Seconded by Councilman Brian Sobel Lynn Woolsey AN ORDINANCE AMENDING TITLE 8 OF THE PETALUMA MUNICIPAL CODE BY ESTABLISHING CHAPTER 8.24 AND ADOPTING A BUSINESS MAINTENANCE ORDINANCE WHEREAS, the City Council has determined that the visual appearance of commercial and industrial properties within the City is important to the economic vitality of the community; and WHEREAS, commercial or industrial properties that are not adequately maintained are detrimental to the health and welfare of the community; and WHEREAS, it is the intent of the City Council that the provisions of this ordinance shall apply to all industrial and commercial properties including vacant, undeveloped lots and closed businesses; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. Chapter 8.24 of the Petaluma Municipal Code is hereby added to read as follows "Chapter 8.24 Business Maintenance Ordinance Sections: 8.24.010 Statement of Intent 8.24.020 Definitions 8.24.030 Business Maintenance Standards 8.24.040 Violation and Penalties 1 Ord.. 1755 N.C.S. 1 8.24.010 Statement of Intent The purpose of this ordinance is to prevent the visual blight that may often occur when commercial or industrial buildings and lots are not adequately maintained and allowed to deteriorate to an unacceptable condition of public appearance. Such blight is a detriment to the health and welfare of the City and can negatively affect the vitality of the local business community. The measures contained herein are intended to ensure that the building and grounds of any improved site (whether occupied or not) or vacant lot in a commercial or industrial zone are maintained at an appropriate level in order to minimize vandalism, accumulation of trash, deterioration of the landscaping or other occurrences that contribute to the blighted appearance of the property and the overall area over time. 8.24.020 Definitions A. Building: shall mean any structure used in conjunction with or accessory to a commercial or industrial use. B. Owner: shall mean any person owning property as shown on the last equalized assessment roll of the. Sonoma County Assessor, or the lessee, tenant, or other person having control or possession of the property. C. Property: shall mean improved or vacant commercial or industrial real property including, but not limited to, front yards, side yards, rear yards, driveways, parking areas, sidewalks, fences and any structures on the property. 8.24.030 Business Maintenance Standards It shall be unlawful for any property owner in any commercial or industrial zone to maintain or to allow to be maintained such property in such a manner that any of the following conditions are found to 2 Ord. 1755 N.C.S. exist on the property. These conditions shall apply to vacant undeveloped properties in any commercial or industrial zone, and to any developed property or portion thereof on which a commercial or industrial business or businesses may be operating, or which have ceased operation . A. The accumulation of dirt, litter or debris on the property which is visible from a public street. B. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and visible from a public street. C. Packing boxes, lumber, junk, trash, salvage materials, or other debris kept on the property and visible from a public street. D. Abandoned, broken, or neglected equipment, machinery, refrigerators and freezers visible from a public street. E. Broken or discarded furniture and furnishings or shopping carts and related items stored on the property and visible from a public street. F. Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values or obstructing necessary view of drivers on public streets or private driveways . G. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values . H. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street. 3 Ord. 1755 N.C.S. r . I. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair in front. yards, side yards, driveways, sidewalks or walkways and are visible from a public street. J. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction, and such buildings which are unpainted or where the paint on the building exterior is mostly worn off and visible from a public street. K. Excavations which are abandoned, or left in a state of partial completion and visible from a public street. L, Demolition sites which are abandoned. or fenced and left in a partial state of completion and visible from a public street. M, Any signs associated with the business or posted on the property and found. to be in violation of Section 21.204 et. seq, of the Zoning Ordinance. 8.24.040 Violation and Penalties A. Potential violations of this ordinance may be identified through citizen complaint. Once a potential violation has been identified, it shall be the responsibility of the Planning Department working in conjunction with the Chief Building Official, Fire Marshal, Police Chief, City Attorney, City Manager or their designees to determine whether or not formal nuisance abatement proceedings before the City Council should be initiated. B . Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth by Chapter 1.15 of the Municipal Code. The procedures for abatement set forth in Chapter 1..15 4 Ord. 1755 N.C.S. shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. C. Violation of this ordinance is hereby declared a misdemeanor and subject to a penalty not to exceed one-thousand ($1, 000.00) dollars and / or six (6) months in the County Jail. " Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Section 3. The City Clerk be, and she is hereby, directed to post/publish this ordinance for the period and in the manner required by the City Charter. ORDERED posted/published this 17th day of April 1989. ADOPTED this lst day of May 1989, by the following vote: AYES• Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayer Davis NOES : 0 ABSENT• 0 ABSTAIN: Mayor Hit oss Mayor ATTEST: Approved: ity Attorney 5