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HomeMy WebLinkAboutOrdinance 255ORDINANCE 2S5 AN ORDINANCE ADDING ARTICLE 7-50 A TO THE SARATOGA CITY CODE TO ENHANCE ENFORCEMENT AGAINST NEGLECTED PROPERTY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City has been approached by a number of its residents expressing concern about situations in which various properties throughout the City have been neglected and allowed to deteriorate; WHEREAS, it is in the public interest to promote the public health, safety and welfare within the City by requiring a minimum level of property maintenance to protect the public from the health, safety, and welfare hazards that result from the neglect and deterioration of property; and WHEREAS, amendments to the City Code to enhance the ability of the City to remedy adverse conditions of neglected properties have been proposed and duly considered and recommended by the Planning Commission and considered by the City Council; WHEREAS, these amendments are intended to supplement and not to supplant or conflict with any other provisions of the City Code or of federal or State laws. Section 1. Adoption. The Saratoga City Code is hereby amended as follows: (1) Article 7-50 is added to the Saratoga City Code to read: 7-50 RESIDENTIAL PROPERTY MAINTENANCE 7-50.005 Purposes of Article This Article is adopted for the following purposes: (a) To establish community standards for the definition of neglected properties. (b) To prevent property from being maintained in such condition as to cause any health, safety, or welfare hazard that results from the neglect and deterioration of property. (c) To enhance the quality of storm water runoff generated from residential properties and to prevent storm water related pollution. 7-50.010 Neglected Property Prohibited It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private or public property in the City to allow such property to be neglected property with the result that any of the conditions listed in Section 7-50.030 (i) is visible from a public street, right-of--way or other public property open to public use and (ii) exists thereon for a period of more than sixty days after written notice of same has been given by the City Manager, via certified or registered mail, to the property owner(s) shown on the latest equalized County of Santa Clara assessment roll. "Neglected property" means any privately or publicly owned property which, as a result of insufficient maintenance, has deteriorated so as to harbor a health or safety hazard or has resulted in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. 7-50.020 Exemptions (a) Calamity or Disaster Exemption. Violation of this Article shall not be based on the condition of property which is the result of damage or destruction from fire, flood, drought, earthquake, other soil movement, or other similar calamity or disaster for a period of two years following the calamity or disaster. The City Manager is authorized to grant an extension of time under this exemption for good cause as determined by the City Manager. (b) Other Legal Authorization Exemption. Violation of this Article shall not be based on a condition of property expressly allowed by any other provision of law, including other provisions of this Code 7-50.030 Standards Consistent with the purposes of this Article, the following conditions qualify as neglected property in a residential zoning district: (a) Any condition that is a hazard to the public health or safety, that constitutes a public nuisance as defined in California Civil Code Sections 3479 or 3480 or under the City Code, or is substantially adverse to the welfare of a considerable number of other Saratoga residents; (b) Any building or structure that is unsecured. A building or structure is unsecured when any one of the following conditions exists: (1) Unauthorized persons (including, but not limited to, children) can readily gain entry to the building or structure without the consent of the owner or an agent of the owner; or (2) The property contains an attraction to children or a harbor for vagrants, criminals or other unauthorized persons due to features 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, refrigerators and freezers, pools, ponds, and excavations. (c) Any building or structure that is in a state of significant disrepair. A building or structure is in a state of significant disrepair when any of the following conditions exist: (1) Exterior walls or roof coverings have become substantially deteriorated, do not provide adequate weather protection, or show evidence of the presence of major termite infestation or dry rot, including but not limited to a situation where an exterior wall shows 10% or more of its area missing siding boards, bricks or blocks or where an exterior wall shows 50% or more of its area devoid of its finish paint color thereby exposing wood, stucco, brick, cement or a prior paint color; or (2) Buildings 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, or buildings subject to demolition pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued. (d) The property (regardless of its size) contains overgrown weeds (as defined in 7- 15.030) or other vegetation or garbage or debris that: (1) Harbors rats, structure destroying insects, vermin, vector, or other similar nuisances; or (2) Is overgrown onto a public right-of--way more than 12 inches; or (3) Is completely dead, over twelve (12) inches in height, and covers more than fifty percent (50%) of the front or exterior side setback areas visible from any street. (e) The property contains a hazardous condition consisting of items being present that are inadequately secured or protected, including but not limited to the following: (1) Abandoned wells, shafts, or basements; (2) Fences, gates or structures which have collapsed or extend into the public street, right of way or other public property open to public use or are in any other type of unsafe condition; (3) Lumber, or accumulations of lumber or other construction materials; or (4) Chemicals, motor oil, or other hazardous materials. (f) The accumulation of abandoned, discarded, or dilapidated objects, or any combination thereof 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, fallen trees, tree limbs, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises a nuisance or substantially adverse to the welfare of a considerable number of other residents of the City of Saratoga. (g) The accumulation of dirt, sand, gravel, concrete, litter, debris, petroleum products, grease or other similar material, or any combination thereof, on the property. (h) Materials or other items stacked in a manner which could potentially result in discharge into a storm drain system. (i) Boats, trailers, recreation vehicles, vehicle parts or other sections of personal property which are left in a state of partial construction, dilapidation or disrepair or which are left parked or stored in violation of applicable zoning designation, rules or regulations. (j) The accumulation of packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property. If the foregoing materials are accumulated pursuant to a valid and active building permit issued by the City, such accumulation shall not qualify as a condition qualifying the property as a neglected property. (k) Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall. (1) Any condition determined by the City Manager to be substantially similar to any of the conditions listed in this Section 7-50.030. 7-50.040 Definitions Vectors means any animal or insect capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats. Vermin means cockroaches, mice, rats, and similar pests. Weeds has the same meaning as provided in Article 7-15.030 of this City Code. 7-SO.OSO Public Nuisance Any neglected property as set forth in the provisions of this Article is hereby declared and determined to be a public nuisance. 7-50.060 Abatement Actions Whenever the City Manager determines that a property qualifies as a neglected property, the City Manager may require or take any necessary abatement or other enforcement actions to cause the neglected property to be abated in accordance with the provisions of this Code, or by any other lawful means. The City Manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted and may implement those actions in accordance with the provisions of this Code or by any other lawful means. Costs and/or attorneys fees and the collection thereof for any abatement performed by or on behalf of the City are authorized to be recovered by the City in accordance with the Nuisance Abatement provisions of Article 3-15 or 3-20 of Chapter 3 of this Code. Upon the request of the property owner, situations of personal or financial hardship will be reviewed by the City Manager in determining the appropriate remedy for the conditions found on the neglected property. 7-50.070 Imminent Danger (a) Any condition on a neglected property which is reasonably believed by the City Manager to be imminently dangerous to the public health or safety may be summarily abated by the City Manager, in accordance with Article 3-20 of Chapter 3 of this Code. (b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists and/or any other abatement action determined by the City Manager. (c) If there exists on a neglected property any condition reasonably believed by the City Manager to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the City Manager may order the immediate restriction from use or occupancy of the neglected property. In addition to restricting use or occupancy, the order may require that other abatement actions be taken. 7-50.080 Procedures under this Article -Cumulative Procedures used and actions taken for the abatement of neglected property are not limited by this Article. Procedures and actions under this Article may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings, structures or property. All neglected property conditions which the City requires to be abated pursuant to the provisions and permit requirements of this Article shall be subject to all provisions of this Code including, but not limited to building construction, repair or demolition and to all property improvement, and zoning, and all other applicable local, state, and federal laws. Nothing in this Article shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a neglected property, nor shall this Article in any way limit the City's right to enforcement under any other provision of this Code or other law or create a duty or obligation on the part of the City to enforce this Article. Specifically, and notwithstanding the generality of the foregoing, pursuant to Articles 3-15 and 3-20 of Chapter 3 of this Code, the City Manager may require abatement of conditions that present a danger or emergency that warrants an expedited abatement pursuant to those provisions of the Code even if the conditions qualify as a neglected property under this paragraph. Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b) (3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of February, 2008, and was adopted by the following vote following a second reading on the 20th day of February, 2008: COUNCIL MEMBERS: AYES: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~~ ~~ Ann Waltonsmith, MAYOR Saratoga, California APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY Saratoga, California