DRAFT ORDINANCE NO. XX-2013 AN ORDINANCE OF THE CITY OF FREMONT, AMENDING FREMONT MUNICIPAL CODE TITLE 8, CHAPTER 8.60, NEIGHBORHOOD PRESERVATION ORDINANCE, SECTIONS 8.60.040 AND 8.60.090 AND ADDING SECTION 8.60.045 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS: SECTION 1. FMC TITLE 8, CHAPTER 8.60, SECTIONS 8.60.040 AND 8.60.090 ARE AMENDED Fremont Municipal Code Title 8, Chapter 8.60, Sections 8.60.040 and 8.60.090 are amended to read as follows: Sec. 8.60.040 Nuisance defined. It shall be considered a public nuisance and unlawful for any property owner to maintain or to allow his/her property to be maintained in a condition that is detrimental to public health, safety, or general welfare or in a condition which violates any code or ordinance adopted by the city. Every property owner shall manage his/her property in such a manner as to avoid violation of this code. Conditions on the property that are detrimental to public health, safety, or general welfare constitute a public nuisance, and include, but are not limited to the following conditions: (a) Accumulation of garbage, litter, bins, boxes, construction debris, bags, dirt, used motor oil, or other debris; (b) Junk, trash, shopping carts, salvage materials, scrap metal, bottles, cans, wire, paint cans, or other debris kept on the property except recycling materials contained in an enclosed non-habitable structure or appropriate container; (c) Broken or discarded furniture, household furnishings, appliances, equipment, or other items intended for inside use; (d) Fences with broken or missing boards, rotted posts, or fences that are leaning, dilapidated, or in disrepair; fences or retaining walls with inconsistent and incompatible use of materials or inconsistent or incompatible colors that are visible from the public right-ofway; (e) Fuel tanks, storage tanks or cylinders for any type of gas, or other such containers which are not in an approved and enclosed structure, connected to a gas appliance or attached Page 1 of 7
to a recreational vehicle, camper, or camping trailer; (f) Any violations of Health and Safety Code 17920.3 (Substandard building; conditions); (g) Graffiti on public or private property; (h) The storage of construction materials on a construction site for more than 30 days where there is no on-going construction activity; (i) Washers, dryers, refrigerators, freezers or other appliances or similar items on the property that is viewable from the public right-of-way; (j) Clotheslines or clothes hanging in front yards, side yards, porches, or balconies; however, clotheslines and clothes hanging in rear yards are permitted; (k) Buildings where 25% or more of any painted surfaces of the building s exterior observable from public view is peeling; or lacks weather protection due to lack of paint; (l) Occupied buildings whose doors or windows are boarded up or covered with tarps or similar opaque material, except as otherwise directed or approved by the City s building official or designee; (m) Occupied buildings with broken or cracked glass windows or doors; (n) Unoccupied buildings which are unsecured; (o) Materials such as tarps or similar non-permanent articles on roofs for more than 30 days; (p) Attractive nuisances or any dangerous machinery or conditions including, but not limited to, abandoned, broken or neglected equipment, tools and vehicle repair equipment; (q) Overgrown trees or vegetation that obstruct public right-of-way or sidewalk or obscure the necessary view of drivers or pedestrians on public streets or private driveways; or weeds that exceed four inches in any yard or planter strip; overgrown or unsightly vegetation or weeds which may harbor rats, vermin, or other rodents; (r) Dead trees or dead plant material; (s) Inoperable, wrecked, dismantled, partially repaired or abandoned automobile(s), truck(s), boat(s), trailer(s), motorcycle(s), and other vehicle(s) of similar kind and use that are not stored in an enclosed structure on the property; Page 2 of 7
(t) Unmounted campers or camper shells in the rear, side, or front yard areas visible from the public right-of-way; (u) Automobile(s), truck(s), boat(s), trailer(s), and other vehicle(s) of similar kind and use which are displayed for sale on any parking lot or unimproved property, except for authorized vehicle dealer sales lots; (v) Commercial vehicles, as defined by the California Vehicle Code, that are parked or stored in any residential district, except vehicles operating in the normal course of business or authorized by home occupancy permit; (w) Sleeping or living in any vehicle; (a) Any thing or condition which threatens injury or damage to the health, safety, welfare or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property is a nuisance for the purposes of this chapter. (b) Any property on which there exists any one or more of the conditions, activities or violations described or prohibited in this code is a nuisance for the purposes of this chapter. (c) Buildings which are abandoned, boarded up, partially destroyed, unsecured or left in a state of partial construction for longer than one year and buildings in a hazardous condition, or inviting or permitting repetitive incidents of trespass, vandalism, and/or any other unlawful acts are nuisances for the purposes of this chapter. (d) Any violations of Cal. Health & Safety Code 17920.3 (Substandard building; conditions) is a nuisance for the purposes of this chapter, and the city manager shall be deemed the health officer for the purposes of abatement. (e) In addition to any nuisance defined in subsections (a) and (d) of this section, any fence, retaining wall, or similar structure constructed on or near a property line abutting a public rightof-way, or any portion of the premises adjacent to the same and necessary for its structural support, which has any condition described in subsection (e)(1) or (2) of this section is a nuisance: (1) In which there exists any condition that endangers life, health, safety, property, or the public welfare, including but not limited to: (A) Foundations, footings, posts, walls, bracing, or other members inadequate to carry imposed loads due to deterioration, infestation, defective material, insufficient size, insufficient fasteners or bonding material; or (B) Members of walls, partitioning, screening, or decorative material that split, list, lean, or buckle due to defective material or deterioration; Page 3 of 7
(2) In which there exists a blight on the appearance and aesthetics of the neighborhood, including but not limited to: (A) Inconsistent and incompatible use of materials; (B) Boards are missing; (C) Boards are broken; (D) Posts or other supports are broken; or (E) Inconsistent or incompatible colors. (f) Nothing contained herein shall supersede the regulation of events and post-disaster procedures as defined in Section15.90.040. F(g) Nuisances shall also include graffiti as defined in this chapter. (xh) Construction activity during hours other than those permitted in Section 18.160.010; is a nuisance for the purposes of this chapter. (y) Failure to obtain or finalize a building permit; and (z) Any fire hazard as defined in California Code of Regulations Title 19, Division 1, as determined by the Building Official or Fire Marshal. Sec. 8.60.090 Notice for specific abatement of nuisance. Whenever the city manager determines that property in the city is maintained as a nuisance as defined in Section 8.60.040: (a) The city manager may send by first-class mail postage prepaid or hand delivery a written notice to specifically abate the nuisance to the property owner in the manner and in the form as provided in this chapteras listed on the last equalized assessment roll of the county. Service shall be deemed complete at the time notice is personally served or deposited in the mail. (b) The notice shall state the proper street address and the assessor s parcel number of the subject property. (c) The property owner shall be provided no less than three calendar days and not more than 30 calendar days to take corrective action to remedy the nuisance. In exigent circumstances, a period of time less than 30 calendar days may be prescribed when appropriateat the discretion of the building official, an extension not to exceed 14 days at a time may be granted for good cause in order for the property owner to correct the Page 4 of 7
violation(s). For purposes of graffiti abatement, the property owner and/or the person in possession of the property shall be provided five calendar days to take corrective action to abate the graffiti. (d) The notice shall specify the Fremont Municipal Code sections or the statute violated and state all the facts constituting the nuisance. (e) The notice shall specify the corrective action required, including temporary corrective action when appropriate, shall describe administrative orders and any business application or occupancy permit revocations imposed by the city manager. (f) When corrective action is specified, the notice shall advise the property owner that failure to correct the violation will result in the city correcting the violation and collecting the abatement costs by billing or by lien on the property. (g) The notice shall advise the property owner of the right to file an appeal pursuant to Section 8.60.120 within seven calendar days from the date of the notice if the property owner seeks to challenge the nuisance determination or the imposition of administrative orders, operational or occupancy conditions, or the revocation of business or occupancy permits. The grounds to appeal a determination of nuisance include disputing the factual or legal basis of the nuisance determination. (h) The notice shall advise the property owner they mustto either correct the violation or request a hearing in order to avoid specific abatement and liability for abatement costs. (i) The city manager may, as necessary, cause at least one copy of a notice bearing title letters at least one inch high reading, NOTICE TO ABATE NUISANCE, to be conspicuously posted on the property for 30 calendar days beginning the date written notice is mailed or personally delivered to the property owner. (j) The notice shall advise the property owner that failure to appeal shall constitute a waiver of their right to an administrative hearing to contest the nuisance determination or the abatement cost. Sec. 8.60.100 Summary specific abatement Imminent danger. Subsections (a) (h) unchanged (i) Nothing contained herein shall supersede the regulation of possible, potential and registered Fremont resources as set forth in Chapter 18.175. Page 5 of 7
Sec. 8.60.110 Specific abatement of city. Subsections (a) (g) unchanged (h) Nothing contained herein shall supersede the regulation of possible, potential and registered Fremont resources as set forth in Chapter 18.175. SECTION 2. Sec. 8.60.110 FMC TITLE 8, CHAPTER 8.60 SECTION 8.60.045 ADDED Specific abatement of city. Fremont Municipal Code Title 8, Chapter 8.60, Section 8.60.045 is added to read as follows: It shall be unlawful for any property owner to maintain or to allow to be maintained property for any purpose so as to create any of the following conditions on adjacent or contiguous public property: (a) The discarding of furniture, appliances, containers of used motor oil, car batteries, tires and other household waste upon a public street, right-of-way or other public property; (b) The depositing or spilling of debris, including trash, paper, wood, plant cuttings and other vegetation onto the public right-of-way or other public property; (c) The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way; (d) The existence of any condition or use which unlawfully obstructs the free passage or use of any public right-of-way, street, or sidewalk. SECTION 3. CEQA The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Page 6 of 7
SECTION 5. EFFECTIVE DATE This Ordinance shall take effect and will be enforced thirty (30) days after its adoption. SECTION 6. PUBLICATION AND POSTING The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance. The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the day of, 2013, and finally adopted at a regular meeting of the city council held on the day of, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Assistant City Clerk APPROVED AS TO FORM: Deputy City Attorney Page 7 of 7