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Home My WebLink About07 - Property Maintenance StandardsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda item No. 7 (December 13, 2005) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Daniel K. Ohl, Deputy City Attorney ext. 3131, dohl @city.newport- beach.ca.us SUBJECT: AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020, OFFENSES AND NUISANCES TO ADDRESS PROPERTY MAINTENANCE STANDARDS ISSUE: Should the Municipal Code be amended to include provisions to regulate property maintenance and abandoned buildings? RECOMMENDATION: Introduce Ordinance No. 2005 - and pass to second reading. DISCUSSION: Staff was asked to look at the current standards concerning property maintenance and abandoned buildings. After reviewing the existing regulations, as well as those of other cities, and, discussing field conditions with the code enforcement staff, additional sections are recommended to address the more common conditions staff encounters. These conditions include: 1. Failing to secure access points in vacant or abandoned buildings. 2. Peeling or cracking paint on buildings, walls and fences. 3. Poorly maintained landscaping which causes excessive dust or the accumulation of debris. 4. Buildings or structures partially destroyed or repaired, abandoned or allowed to remain in the state of partial construction or disrepair for more than three months. 5. Landscape and hardscape improvements which are defective or unsafe. Amending Section 10.50.020 of Newport Beach Municipal Code December 13, 2005 Page 2 6. Deteriorating parking lots. 7. The accumulation of grease, oil or hazardous material on paved or unpaved surfaces, from which it may make its way onto any public right -of -way. 8. Use of materials other than glass to replace or cover windows. 9. The parking of vehicles in required front yard setbacks other than in a garage, carport or paved surface leading to them. These violations would be visible from the public right -of -way. If they exist, enforcement options include correction notices, administrative citations and public nuisance abatement proceedings. Virtually all of the violations are resolved with correction notices or administrative citations. Environmental Review: Exempt under Council Policy K -3, Section D.2.c.i. "Minor changes to the Municipal Code which do not authorize physical development." Prepared by: ` D'1 iel K. Ohl, Deputy City Attorney Attachments: Proposed Ordinance Submitted by: Robin L. Clauson, City Attorney F", users\ cat\ shared\ CCstaffReports \10.50publicNuisAbatement.doc ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.50.020 OF CHAPTER 10.50 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OFFENSES AND NUISANCES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 10.50.020 of Chapter 10.50 is hereby amended to read as follows: Section 10.50.020 Nuisance. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the City, to maintain, permit, cause or allow to exist on such premises, any of the following conditions: A. A fire hazard including but not limited to, any cut or uncut shrub, tree, grass, weeds, vines or other vegetation; combustible refuse or waste; or other flammable material which by reason of its size, manner of growth or location, constitutes a fire hazard to any structure, improvement or landscaping; B. Any swimming pool, spa, pond. fountain or other body of water which is allowed to become stagnant, unsanitary or unsafe or does not comply with the provisions of Chapter 15.09 of Newport Beach Municipal Code; C. The accumulation or storage of automobile parts, rubbish, trash, debris, rubble, broken - up asphalt, lumber, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees, cans, bottles and barrels; D. Vegetation, including but not limited to trees, shrubbery, grass and plants which is overgrown, dead, decayed or diseased such that it may: 1. Impede or present a danger to pedestrian or vehicular traffic; or 2. Interfere with visibility on, or free use of, or access to, any portion of any public sidewalk, street, alley or right -of -way; or 3. Harbor rats, vermin, insects and other situations likely to cause a hazard to the public safety; E. Unsafe, e4:-unsightly. or poorly maintained property- including but not limited to: 1. Storage or accumulation of household items, except furniture designed for outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such a manner as to be visible from a public street, alley, sidewalk or other public right -of -way, Private driveways or walkways maintained in an unsafe condition which create a hazard to pedestrians, 3. Outside storage of any whitegoods, whether operable or not, in any area accessible to children who are not under the care and supervision of the owner or person in charge of the property, 4. Broken windows, or doors. 5. The failure to secure and maintain from public access all doorways, or other openings into vacant or abandoned buildings or structures, more than three months. unless the construction and repairs are being accomplished pursuant to an active, open building permit. 7. Buildinqs. walls, fences or structures upon which the condition of the paint or exterior finish has become so deteriorated as to permit decay. excessive cracking, peeling, chalking, dry rot. warping or termite infestation. 3. Any front yard or landscaped setback area which. due to the lack of turf. other planted material, decorative rock. bark or planted ground cover or covering causes excessive dust or allows the accumulation of debris, 9. Landscaping. grounds. walls. fences. driveways. parking lots. irrigation systems. or sidewalks which are maintained in such a condition so as to become defective. unsightly or unsafe, 10. Deteriorated parking lots. including those containing potholes. cracks. ponds or ridges, 11. Accumulations of grease. oil or other hazardous material on paved or unpaved surfaces. driveways. buildings. walls. or fences. or from which any such material flows or seeps onto any public street. sidewalk. alleyway. or other public or private right -of -way. and 412. The use of materials other than glass (or other rigid transparent or semi- transparent material designed for permanent installation in a structure) as a replacement or covering of window panes. The existence of any unlawful encroachment including signs, play equipment, trash or vegetation, which obstructs or interferes with the free passage or use by the public, of any public sidewalk, street, alley, beach, or other public right -of -way, or which may impede emergency access, G. The use of any machinery or equipment which because of noise, odor, vibration, fumes or discharge constitutes a health or safety hazard: H. A violation of any of the terms or conditions of a use permit granted by the City of Newport Beach, K I. A violation of any provision of the Newport Beach Municipal Code; J. The parking or storage of any vehicle in the required front yard setback on private property other than in a garage, carport or paved driveway leading to the garage or carport; K. Repetitive, boisterous or unruly conduct by the owner or occupants of the property that occurs on the property when that conduct (1) is offensive to a person of ordinary sensibility; (2) continues after a written or oral request to terminate the conduct; (3) is offensive to a considerable number of people; and (4) in the opinion of the enforcement officer, results in any of the impacts described in Section 10.50.010. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, 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 this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2005, and adopted on the _ day of 2005, by the following vote, to wit: AYES, COUNCILMEMBE NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F: \users\cat \shared \Ord inance \Pu blicN uisAbatement \12.01.05.doc 3