HomeMy WebLinkAboutAGENDA REPORT 1993 0407 CC REG ITEM 12BA G E N D A R E P O R T
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community Development/'
Kathleen Mallory Phipps, Associate Planner e,/ke
DATE: March 18, 1993 (CC Meeting of April 21, 1993)
SUBJECT: ITEM CONTINUED FROM FEBRUARY 3, 1993 AND MARCH 17, 1993
CONSIDER AN ADDITION OF CHAPTER 8.48 TO THE MUNICIPAL CODE RELATIVE
TO PROPERTY MAINTENANCE AND RE- TITLING CHAPTER 8.04 OF THE MOORPARK
MUNICIPAL CODE.
BACKGROUND:
At the City Council's meeting on December 12, 1992 the Council directed staff
to amend the Municipal Code to include specific language to define a public
nuisance, controlled through property maintenance. This staff report contains
proposed property maintenance language recommended to be codified as Chapter
8.48 and related sections to Title 8, Health and Safety, of the Moorpark
Municipal Code.
DISCUSSION•
When the appearance of a dwelling deteriorates, the aesthetic environment
suffers. Often a neighborhood begins to experience further deterioration,
absentee ownership rises, and blight ensues. The City is able to halt the
occurrence of a public nuisance by establishing property maintenance
standards. As currently written, the Municipal Code does not clearly define
property maintenance standards or public nuisances. It is recommended that
the definition of a public nuisance be contained within Title 8, Chapter
8.48, Health and Safety, of the Moorpark Municipal Code.
It is suggested that Chapter 8.04 of the Municipal Code be re- titled from
Nuisances to Public Health. The subject matter contained within Section 8.04
is more appropriate to public health and not nuisances. Additionally, with
the creation of Chapter 8.48, Property Maintenance (Nuisance) re- titling
Chapter 8.04 will eliminate potential confusion.
The City Attorney has reviewed the attached Ordinance, and all appropriate
changes have been incorporated into the ordinance before the Council for
consideration. Pursuant to Council's direction at its meeting of February 3,
1993, changes have been made to the attached ordinance.
The Honorable City Council
March 18, 1993
Page 2
RECOMMENDATION:
1. Introduce and conduct the first reading of the City's Property
Maintenance Ordinance, added as Chapter 8.48 and re- titling Chapter 8.04
of the Moorpark Municipal Code.
Attachment:
Ordinance adding Chapter 8.48 and re- titling Chapter 8.04 of the Moorpark
Municipal Code.
ORDINANCE NO.
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, subject to the following limitations:
1). At no time may more than forty percent (40 %) of the
required front yard setback area be covered by asphalt,
concrete, or other hardscape materials used for vehicle
parking or as a vehicle driveway.
2) . The vehicle parking or driveway area must be connected to
a public right -of -way through a City approved curb
approach.
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.
2
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.
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.
3
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 -
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 day of , 1993.
ATTEST:
Lillian Hare, City Clerk
4
Paul W. Lawrason Jr., Mayor