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HomeMy WebLinkAboutORD 164 1993 0512ORDINANCE NO.164 AN ORDINANCE OF THE CITY OF MOORPARK CALIFORNIA, ADDING CHAPTER 8.48 TO THE MOORPARK MUNICIPAL CODE RELATIVE TO PROPERTY MAINTENANCE STANDARDS AND RE- TITLING CHAPTER 8.04 OF THE MOORPARK MUNICIPAL CODE WHEREAS, it is the City's interest to amend the Municipal Code to include specific language within the Code to define a public nuisance, controlled through property maintenance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 8.48 TO READ AS FOLLOWS: CHAPTER 8.48 PROPERTY MAINTENANCE Section 8.48.000 APPLICABILITY. The following identification of nuisances and abatement procedures pertain to this Chapter only. Section 8.48.010 ABANDONED, VACANT STRUCTURES, OCCUPIED STRUCTURES OR UNATTENDED LAND. It is declared a public nuisance and it is unlawful for any person owning, leasing or having charge of any structure or unattended land in the City to maintain such structure or unattended land in such manner that any of the following conditions are found to exist thereon: A. Land, the topography or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to health, or is indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of the life or property or adjacent properties. B. Structure which is abandoned, or partially destroyed, for a period of more than six (6) months. A structure permitted to remain in a state of partial construction for a period of more than six (6) months, in violation of Uniform Building Code Section 303 (d). 1 C. Failure to close, after proper notice by such means as shall be acceptable to the Community Development Director, all doorways, windows or other openings into a vacant structure. Proper notice is defined as the issuance of a letter requiring the correction within ten (10) working days of certified receipt of the letter. D. Broken window constituting a hazardous condition or inviting trespassers or malicious mischief. E. Overgrown vegetation likely to harbor rats, vermin or other animals. F. Dead, decayed, diseased or hazardous tree, weeds or other vegetation dangerous to or injurious to health, or is unseemly or offensive to the senses. G. Attractive nuisance dangerous to children or injurious to health, indecent, or offensive to the senses, in the form of abandoned and broken equipment, unprotected or hazardous pool, pond or excavation or neglected machinery. H. Any discarded, used, secondhand, salvaged or abandoned boxcar, refrigerator car, motor bus body or similar means of conveyance or a structure of a similar nature or construction used for place of habitation, residence or business in the City. I. storage of equipment, machinery, or vehicles (either operative or inoperative) in front yards, unscreened side yards or any other yard areas which are visible from any public right -of- way, except that fully operative vehicles may be parked on a paved driveway or on an additional paved area adjacent to the driveway. J. Broken or discarded furniture or household equipment, stoves, refrigerators, freezers, trash, dirt or other debris, on the property for unreasonable periods and visible from any public right -of -way or from neighboring properties and having a tendency to depreciate the property values of neighboring properties. K. The accumulation of dirt, litter or debris in the vestibule, doorway or the adjoining sidewalk of a commercial or industrial structure. L. The maintenance of any sign or sign structure relating to a use no longer conducted or products no longer sold in a vacant commercial, industrial or institutional structure more than thirty (30) days after such structure becomes vacant. F M. The maintenance of any structure in a state of substantial disrepair, such as a broken window, roof in disrepair, wood or paper sign in deteriorated condition, damaged or unsafe porch or wall, broken step, or other disrepair not otherwise constituting a violation and which is observed from a public right -of -way or observed from neighboring properties, where such condition would depreciate the property values of the surrounding properties. N. The substantial lack of maintenance of the grounds upon which a structure exists, where said grounds are observed by the public from a public right -of -way or observed from neighboring properties, where such condition would depreciate the property values of surrounding properties. O. Maintenance of a structure in such condition as to be detrimental, injurious to health, or has an offensive odor. P. Recreational Vehicles defined pursuant to the Health and Safety Code as a motor home, travel trailer, truck camper, or camping trailer, with or without motive power or trailer (as defined within the Vehicle Code) used as a place of habitation, as a residence, or as legal nonconforming pursuant to the City's Zoning Ordinance. 8.48.020 NUISANCE, VIOLATION AND ABATEMENT A nuisance as defined in Section 8.48.010 is hereby declared a violation and prosecution shall be as outlined within Chapter 1.12 of the Moorpark Municipal Code. SECTION 2. Title 8, Health and Safety, of the Moorpark Municipal Code, Chapter 8.04 entitled Nuisances, is hereby re- titled from Nuisances to Public Health. SECTION 3. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council 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 may be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book of original ordinances of the City of Moorpark, shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted, and shall, within (15) days after passage and adoption thereof, cause the same to be published once in the Moorpark News- 3 Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED THIS 12th day of MAY , 1993. ATTEST: Lillian Hare, City C_ 4 Paul W. La ason Jr., Ma or MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805 ) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 164 was adopted by the City Council of the City of Moorpark at a meeting held on the 12th day of MAY , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 13th day of MAY 1993. Lilian E. Hare City Clerk PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tom Counalmember Counalmember Coundlmember PnMen o Recycled P *Q'