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Home My WebLink About71.130 ORDINANCE NO. 71-130 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE 7-45 TO THE CODE OF THE CITY OF SARATOGA RELATING TO COMMERCIAL PROPERTY MAINTENANCE The City Council of the City of Saratoga hereby ordains as follows: Section 1. Article 7-45 is hereby added to the Code of the City of Saratoga to read as follows: "Artiole 7-45 COMMERCIAL PROPERTY MAINTENANCE Sections: 7-45-010 Purposes of Article 7-45.010020 Definitions 7-45.~20i~2i~i]~i Unlawful Property Nuisance-Private Property 7-45.030~]~'i~ Supplement To Other Laws 7-45.e4e~i~!~ violations As Constituting Infraction offense; penalties (a) To c?:';tab]isl': uc~::~:rn::l i ;. ,.,' :~.-.~:r~'.t,:~r'.l:-~ nor'ma 1 sens ~ t. ~ v i.t.Le:~s. cor.:Tr:tln i ty. (d) To enhancc~ tJ-c qm',Z }~y ~>1' ~;7. omu ~cater' rdnof'F qene~'a~ed For ~he purposes of ~his Article ~he follo~inO ~ords and phrases shall have ~he meanings respectively ascribed November 8, 1993 273\ord\CPO.msr 1 Section, unless the context of the provision clearly requires otherwise. (a) Building means any structure used or intended for supporting or sheltering any use or occupancy. (b) Junk means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material. (c) Owner means any person owning property, as shown on the last equalized assessment roll for City taxes or the lessee, tenant or other person having control or possession of the property. (d) Person means any individual, partnership, corporation, association or other organization, however formed. (e) Community DevelopmentPlanning Director means the Community Dt.:velopn~ent~'Ja],~i!~g i~t::~.:~.~.~' and his/her designees. (f) Property means all non-residential zoned real property, and all real property upon which a non-residential use or occupancy exists, including, but not limited to, the entire premises, parking lots, sidewalks, gutters, storm drain systems, driveways, walkways, alley ways and shall include any building and structure located on such property. (g) Registered/Registration means a current, valid California Registration for a vehicle conforming to California Vehicle Code Sections 4000, or 9840 et seq. for boats. (h) Street means the full width of the right of way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. (i) Vehicle means a device by which any person or property may be propelled, moved or drawn upon a highway, road or body of water, and for the purposes of this dhapter shall include, but not be limited to, automobiles, recreational vehicles, campers, boats, motorcycles and mopeds. 7-45.020]~i~i~i Unlawful property nuisance - private property It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions which are November 8/1993 273\ord\CPO.msr 2 visible from the street or from neighboring properties are found to c~xi:-;t therecn ~o.- a .o~:'~od oL .-orc~ r.!l~:n 30 day~ after written not.ice of same has been given by The C:o.'~;"~un]ty Development Director, ,~n-~lnze~oni:tb~e per~(.~d-<~L.~;"'e, ~ deL.erl-.if]ed hy the City ~¢anager except as may be allowed by any other provision of law, including provisions of this Code. Unlawful Outdoor Storaqe ~i~ii~ii~i!~!~!~i~!!~ii (a) The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to the~i~!~ health or safety of any person or renders any premises unsightly and detrimental to the general public welfare. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation, rules or regulations. (b) The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street, from neighboring properties, or from areas of general pub] ic/' ]ll'.'~te~'! ,'l~:~.r<!!;j; c:r: t.i:~'~ [;r':~!~er't'~'=.; or which could poter:t'.ia!!,' k;c'! c]~;ch,lrcjc.~ int.:~ ~'l the :;tor'm w~l~r. er drain s .' ~; t e i". (c) Attractive nuisances visible from a public street, or neighboring properties, dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, lights, light fixtures, refrigerators and freezers, hazardous pools, ponds and excavations, as well as all other items and conditions identified in Penal Code Section 402(c) and Health and Safety Code ~ 24400. (d) Materials or other items stacked in a manner as to be visible from the street or from neighboring properties, or from areas of general public/invitee access on the i)r'op(~rt.~, =~b~)'.,l', ~r~'t· !'~,r'c(.~.cr ]!: ~q ~]RE{}T ~.'hiCh co]lld pc~tenti+a]]~ l"c!.:u~ iF c]i!.;chnr'qe inte the ,~ stc~rm cir~lin November 8, 1993 273\ord\CPO.msr 3 i~i~i~i Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable ~!~oning Crdinancc (e) The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street, sidewalk or parking areas developed or intended for use by public invitees in general. (f) Materials stored or stacked on property in a the street, of neighboring properties or of areas of general public/invitee access on the property, in Zoning Districts where outdoor storage may be (g) Boats, trailers, recreation vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair fcr an unreazcnablc pericd cf time an .............. ~ ....... ~ ...... ~=~ in locations which are visible from the street or neighboring properties; or which are left parked or stored in violation of (h) Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property ~ ~¢anagcr and visible from the street, from neighboring properties, or from areas of general public/invitee access on the property. (i) The storage of firewood or other flammable materials in excess of standards relating to the safe storage of combustible materials as determined by the Fire Chief and the Uniform Fire Code. Landscapinq/Veqetation (j) Dead, decayed, diseasedii~iii~iiiiii~i~i~!~!~ or hazardous trees, weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare~i~ie~ a detriment to neighboring property or property val~esT (k) Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, November 8, 1993 273\ord\CPO.msr 4 or obstructing the necessary view of drivers on public street~ or private driveways, and visible from the streeti, from neighboring properties, or from areas of general public/invitee access on the property. (1) Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises. · Trash, Litter, Trimmings, Oil and Debris ~ . (m) The accumulation of litter, debris, trimmings or trash on any!property, including sidewalks, gutter~, ~i driveways, walkways, alleyways, parking lots or the public right of way, which is generated on, or as a consequence of the use or maintenance of the propertyiii~ii (n) Pooled~oil, water, or other liquid accumulation, or excessive accumulations of grease or oil on paved Trash Containers (o) Trash, 4garbage or refuse cans, bins, boxes or other such cgntainers stored in view of the street or n(Tlclhbsr'irlq prc~.'x!l"tl(~!;-~. c>r fFor' '..;]lLch :1 cDntinuous, o] :eDsjve odoF er:,Jr}aL~!;. H()I.Jlji~(j jl~ rj'l]~.; ~:;ectj.(';n shall be construed as prohibiting the outdoor storage of any type of trash receptacle if said receptacle is screened from view from the street, any public right of way or neighboring properties in a manner approved by the {=ld!t!ti!~q CO~%'Li.;.t~' Do,.'elopr.!(,"~t ]~irc!ctor and consistent · ...'ilk ,~l~[::lic~,lble ..'z~zzm!:l(! Or.j[n,Hl~,;~ provisions. (p) Any property without regular and adequate trash collection service. (q) Trash Containers without secure, firmly fitting covers or evidencing an overflow of trash and or other debris. Buildinqs and Structures Bui (r) ldlDgs which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction fcr an ManagcT, buildings subject to demolition pursuant to November 8, 1993 273\ord\CPO.msr 5 applicable provisions of this Code or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is significantly cracking, peeling, chalking or worn off. (s) Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief. (t) Awnings, covers, canopies, umbrellas, screens, lights, light fixtures or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or in some other state of Fences and Gates (u) Fences or other structures on private property abutting, fronting upon, or visible from any public street or neighboring properties, which are sagging, leaning, fallen, decayed, extending into the public right-of-way or other dilapidated or unsafe condition. Graffiti (v) Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any buildingii~ii~ l(] da}'s ~f~.er writ'~.~:~ !'trice c.t ~=ar]e ha.=.; been given bV the Commun i ty Dove] o[~-..'r~z !) ~ rector. Parkinq Limitations (w) Vehicles, whether motorized or non-motorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building Code and/or Zoning Ordinance provisions. Parkinq Strips (x) Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, commonly known as a F ....... ~ .... ~ November 8, 1993 273\ord\CPO.msr 6 Miscellaneous (y) Any other condition or use of property which gives rise to a reasonable determination by the City ~'fanagcr, i~i~i~i~==~=:i~i~!~?iii~i~i~i~!~i~i~ that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. 7-45.C30~=~:~2 Supplement To Other Laws This Article is intended to supplement and not to supplant or conflict with any other provisions of this Code or of Federal or State laws. 7-45-~::~ Violations as constituting infraction offense; penalties The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infracticn ~[~[~]~ and a public nuisance subject to the penalties as ~'~'~'~>'=>~ Chapter 3 of this Code provided, however, violation lllai~al](.3e.~L any ~uch vio!nt~m :"a'~', in the di~x;~etLon oi the en~'orcing authDr:.~y ba c'narc3cui an:::~ Fr~H;ecute.:~ a~ an lnfraction." Section 2. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 17th day of Nnv~mh~ 1993, by the following vote. AYES: Councilmembers AndeFson, BuFger, KohleF, Mon~a and Mayo~ Tucker NOES: None ABSENT: None Nove~er 8, 1993 273~ord~CPO.msr 7 The above and foregoing is a true and correct cogy of Ordinanca ~'~o which has been published according to law. Deputy City Cl~d< Date