Loading...
Ordinance 2003-14 ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION 5B.2 OF ARTICLE I OF CHAPTER 5B PERTAINING TO BLIGHTED COMMERCIAL AND INDUSTRIAL PROPERTY, AND ADDING CHAPTER 5C PERTAINING TO BLIGHTED RESIDENTIAL PROPERTY. WHEREAS, the City of Gilroy ("City") finds that blighted conditions on private property adversely affect the health, safety and general welfare of the people of the City, detract from the livability, appearance and social and economic stability of the City, and impair property values; and WHEREAS, the City, by adoption of Ordinance No. 96-18, enacted Chapter 5B of the Gilroy City Code to declare a nuisance and abate blighted conditions on commercial and industrial property; and WHEREAS, the City finds that inadequate solid waste management resulting in accumulation thereof, and improper parking, storing, maintaining of vehicles and other items on residential property constitute blighted conditions, and the City desires to declare a nuisance and abate such conditions on residential property; and WHEREAS, the City desires to make changes to Chapter 5B of the Gilroy City Code to conform provisions pertaining to blight on commercial and industrial property to the new provisions pertaining to blight on residential property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 5B.2 entitled "Definition of Blighted Property," of Article I of Chapter 5B of the Gilroy City Code is hereby amended as follows: 1. Subsection 5B.2(d), pertaining to property inadequately maintained, is deleted in its entirety. 2. A new Subsection 5B.2( d) is added as follows: (d) Property inadequately maintained. (1) Overgrown, diseased, dead, or decayed trees, weeds or vegetation that: (a) Are likely to harbor rats, pIgeons, vermm, and other nUIsances; or (b) Substantially detract from the aesthetic and property values of neighboring properties; or INVH\596489.1 01-072103-04706002 -1- Ordinance No. 2003-14 (c) Constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (2) Solid waste, which includes "garbage," "refuse" and "rubbish" as those terms are defined in Section 12.1 of this code, and all "solid waste" as additionally may be defined in this code, constitutes blight and blighted property in the following situations: (a) The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City-approved container, and is present for more than seventy-two (72) consecutive hours; or (b) The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this code. (3) Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water is defined for the purpose of this chapter, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition. SECTION II Chapter 5C is hereby added to the Gilroy City Code just after Chapter 5B to read: Chapter 5C Blighted Residential Property 5C.Ol. Purpose. The purpose of this chapter is to promote the public health, safety and welfare by requiring a minimum level of maintenance of residential property to protect the livability, appearance and social and economic stability of the city and to protect the public from the health and safety hazards and the impairments of property values that result from the neglect and deterioration of residential property. 5C.Ol. Definitions. For the purposes ofthis chapter, the following terms shall have the following meanings: INVHI596489.1 01-072103-04706002 -2- Ordinance No. 2003-14 (a) "Motor vehicle" means a passenger vehicle, truck, boat, camper, recreational vehicle, motorcycle, golf cart, or other similar self-propelled vehicle. "Motor vehicle" does not mean a motorized wheelchair, bicycle, tricycle or quadracycle. (b) "Paved" means treated or covered with concrete, asphalt, or other similar material approved by the Community Development Director. SC.02. Public nuisance. Any property that is a blighted property pursuant to the provisions of this chapter is hereby declared and determined to be a public nuisance. 5C.03. Blighted property. Any residential property on which there exists anyone or more of the conditions or activities described in this chapter is a blighted property. SC.04. Prohibition of blighted property. No person, firm or corporation, whether as owner, agent or manager of the subject property, or as lessee, sublessee or occupant in possession of the property shall maintain any residential property in a blighted condition or shall permit that property to be blighted. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant thereto. SC.OS. (Reserved). SC.06. Inadequate Solid Waste Management. Solid waste, which includes "garbage," "refuse," and "rubbish" as those terms are defined in Section 12.1 of this code, constitutes blight and blighted property in the following situations: (a) The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City-approved container, and is present for more than seventy- two (72) consecutive hours; or (b) The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this code. SC.07. Improper Parking, Storing or Maintaining in Residential Zones. The parking, storing or maintaining of anyone or more of the following items in the front yard area of any property zoned or used for residential uses constitutes property blight: (a) Any airplane or other aircraft, or any parts thereof. INVH\596489.1 01-072103-04706002 -3- Ordinance No. 2003-14 (b) Any motor vehicle that has been wrecked, dismantled or disassembled, or any part thereof, or any motor vehicle that is disabled or may not be operated for a period of time in excess of seventy-two (72) consecutive hours. (c) Any refrigerator in an area visible from a street or public right-of-way or in an area accessible to the public. (d) Any washing machine, sink, stove, heater, boiler, tank or any other household appliance or equipment (except a refrigerator), machinery, mattress, sofa, couch or futon, upholstered chair, indoor carpet, other furniture except furniture designed and used for outdoor activities, appliance or appliances (except a refrigerator), or any part of any of the listed items for seventy-two (72) consecutive hours in an area visible from a street or public right-of-way or in an area accessible to the public. This subsection does not prohibit the storing or maintaining of (1) furniture designed and used for outdoor activities; or (2) any item stored or kept within an enclosed storage structure or unit in compliance with the City of Gilroy Zoning Ordinance ("Zoning Ordinance"). 5C.08. Parking restricted to paved areas. (a) No person shall keep, store or park or allow to be kept, stored or parked, any motor vehicle, whether operable or inoperable, on any portion of a front yard of residential property, except on an area that is paved in accordance with the paved surface limitations set forth in the Zoning Ordinance. (b) This section shall not be construed or interpreted to allow parking that is prohibited or restricted by any other provision of this code or the Zoning Ordinance. 5C.09. Activities prohibited outdoors in areas zoned for residential uses. (a) Except when conducted in a completely enclosed building and in accordance with this section, any of the following activities on any property located in an area zoned or used for residential uses cause the property to be blighted: wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, or servicing, in the front yard area, of any airplane, aircraft, motor vehicle, special mobile equipment as defined in section 575 of the California Vehicle Code, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property. (b) Notwithstanding subsection (a) of this section, an owner, lessee, or occupant of the property may repair, wash, clean, or service personal property, described in subsection (a) of this section, that is owned, leased, or rented by the owner, lessee, or occupant of the property so long as any repairing or servicing performed on personal property is conducted in a completely enclosed building or completed within a seventy-two (72) consecutive hour period. INVH\596489.1 OHl7210341706002 -4- Ordinance No. 2003-14 (c) This section shall not be construed or interpreted to allow any activity that is prohibited or restricted on residential property by any other provision of this code or by the Zoning Ordinance. 5C.IO. Enforcement (a) Sections SB.5 through SB. 11 of Chapter SB of this code, inclusive, pertaining to abatement of blight by property owners, agents, managers, lessees, sub lessees and occupants in possession or the city, are hereby incorporated by reference and are applicable under this chapter as though fully set forth herein. (b) Each of the procedures and actions under this chapter and Sections SB.S through SB.II of Chapter SB of this code as incorporated by reference under this chapter pursuant to subsection (a) of this Section, may be utilized in conjunction with, or in addition or alternative to, any other procedure applicable to the regulation of buildings or structures or property. SC.II. Summary abatement of blight on residential property - Imminent danger. (a) Whenever the city administrator reasonably believes that any condition of property blight is imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, the city administrator may summarily abate the condition of property blight at the expense of the owner. (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, or any other abatement action determined by the city administrator to be necessary. (c) Summary abatement procedures and compliance, and restriction of use and notice of the restriction of use of the property which is the subject of the summary abatement procedures, and assessment of abatement costs, shall be in conformance with Article II of Chapter 5B of this code, pertaining to summary abatement actions. The posted NOTICE TO DESTROY OR REMOVE DANGEROUS PROPERTY BLIGHT shall be substantially in the form set forth in Section SB.15 of Article II of Chapter SB of this code, except that instead of referencing the aforementioned section, the Notice shall reference the provisions of this chapter. The assessment of abatement costs upon the owner shall be in conformance with Article III. SC.II. Abatement of blight on residential property. (a) When the city administrator determines property to be blighted and further determines that the condition is not imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, the city administrator, upon the passage of a resolution of the city council declaring the property a public nuisance, may abate the condition of property blight at the expense of the owner. INVH\596489.1 01-072103-04706002 -5- Ordinance No. 2003-14 (b) Actions taken to abate blight conditions not imminently dangerous to the life, limb, health or safety and assessment of abatement costs shall be in conformance with Article III of Chapter 5B of this code, pertaining to abatement of property blight. The posted NOTICE TO DESTROY OR REMOVE PROPERTY BLIGHT shall be substantially in the form set forth in Section 5B.21 of Article III of Chapter 5B of this code, except that instead of referencing the aforementioned section, the Notice shall reference the provisions of this chapter. SECTION III If any section, subsection, subdivision, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 15th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED --?%:: Thomas W. Spri ~.J , J. r /u &{ J:~,{j.A''- Rhonda Pellin, City Clerk INVH\596489.1 01 ~72103-04706002 -6- Ordinance No. 2003-14 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2003-14 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of September, 2003, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of October, 2003. & QL~J_1L' City lerk of the City of Gilroy (Seal)