HomeMy WebLinkAboutTC Agd Pkt 2015-05-20 (3)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
May 20, 2015
Agenda Item: Q j J Z
STAFF REPOR
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
Office of the Town Attorney
Recommendation to Introduce and Pass First Reading of an Ordinance
Establishing Property Maintenance Regulations for the Town of Tiburon by
Adopting Title VI, Chapter 34 (Property Maintenance) of the Tiburon
Municipal Code
BACKGROUND
A general lack of property maintenance is not one of the Town of Tiburon's more commonly
experienced problems. Therefore, the Town has never fully developed a set of tools to promptly
and effectively address such situations in the rare instance when they do occur at a level to
threaten the public health, safety or welfare. The proposed ordinance would add another tool to
the Town's "toolkit" for addressing serious property maintenance issues.
ANALYSIS
Property maintenance issues can take many forms, but examples include seriously deteriorated or
dilapidated buildings or structures, accumulation of junk or recyclable materials in yards, and
storage of vehicles in unauthorized or improperly screened areas. While existing ordinances
(such as those regulating building, zoning, and refuse collection) provide clear enforcement
authority in certain narrow situations, the Town's Municipal Code lacks a general and
overarching chapter that can be applied to the broader range of property maintenance
circumstances that periodically occur in Town.
The proposed ordinance would provide a detailed list of conditions that constitute and
unacceptable level of property maintenance and allow the Town Manager and his or her
designees to bring nuisance abatement actions as appropriate to resolve the unacceptable
conditions.
Specifically, the proposed ordinance would identify a series of circumstances, defined by the term
"blighted property", for which the Town's administrative pre -citation and subsequent citation
process would be used as an initial warning system capable of escalation to actual monetary fines.
While the term "Blighted Property" carries with it certain unfortunate connotations, it is a long-
standing
onastanding and widely recognized term in legal and code enforcement circles and is an appropriate
term upon which to base the Property Maintenance Ordinance. Violation of the provisions of the
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Town Council Meeting
May 20, 2015
Property Maintenance Ordinance would constitute an infraction. The proposed ordinance does
not limit the Town's ability to utilize other available remedies, such as summary abatement or
judicial proceedings when needed.
It is the express intent of Town staff in drafting this proposed ordinance that its provisions are
used sparingly and judiciously to address only serious property maintenance deficiencies. This
ordinance is not intended to be a vehicle by which the Town is drawn into neighbor disputes not
rising to the level of a threat to public health, safety or welfare. Nor are the procedures in the
Property Maintenance Ordinance meant to be a substitute resolution for situations that are best
remedied by civil lawsuit.
FINANCIAL IMPACT
Staff expects that enforcement of the new regulations will be absorbed by existing staff and
anticipates no direct fiscal impact on the Town. Attempting to estimate hard costs associated
with the occasional enforcement action would be speculative.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this ordinance would be exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15268
(ministerial actions), 15305 (minor alterations to land use limitations), and 15061(b)(3) (general
rule) of the CEQA Guidelines. The Town Council would finalize this determination in adopting
the ordinance.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and take testimony on the proposed ordinance; and
2. Introduce the proposed ordinance as follows:
a. Move to read by title only, waiving any additional reading.
b. Pass the motion and read only the title of the ordinance.
c. Move to pass first reading of the ordinance, pass the motion, and hold a roll call
vote.
Following the first reading, the ordinance will return for final adoption on a future consent
calendar.
EXHIBITS
1. Draft Ordinance.
Prepared by: Scott Anderson, Director of Community Development
TOWN OF TIBURON PAGE 2 OF 2
1 ORDINANCE NO. XXX
2 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
3 ADOPTING TITLE VI, CHAPTER 34 (PROPERTY MAINTENANCE) OF THE TOWN
4 OF TIBURON MUNICIPAL CODE
5
6 SECTION 1. FINDINGS.
7 WHEREAS, the Town of Tiburon has identified the need for more specific regulatory
8 provisions to address properties that fall into disrepair; and
9 WHEREAS, Blighted Properties, as defined below, threaten the health, safety and
10 welfare of the citizens of the Town of Tiburon; and
11 WHEREAS, the Town Council of the Town of Tiburon desires to implement a process
12 by which the Town can require owners of Blighted Properties to properly maintain such
13 properties; and
14 WHEREAS, the Town Council finds that adoption of this ordinance is exempt from the
15 requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15268
16 (ministerial actions), 15305 (minor alterations to land use limitations), and 15061(b)(3) (general
17 rule) of the CEQA Guidelines.
18
19 SECTION 2. ADOPTION.
20 NOW, THEREFORE BE IT ORDAINED, that the Town Council of the Town of
21 Tiburon hereby adopts Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal
22 Code to read as follows:
23 Chapter 34 - PROPERTY MAINTENANCE
24
25 Sections:
26 34-10 Title
27 34-20 Purpose of chapter
28 34-30 Bighted property defined
29 34-40 General obligation
30 34-50 Enforcement responsibility—delegation of authority
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31 34-60 Abatement
32 34-70 Restriction on use or occupancy—dangerous condition
33 34-80 Abatement procedures
34 34-90 Procedures of this chapter—Cumulative
35 34-100 Violation --penalty
36 Section 34-10 – Title.
37 The ordinance codified in this chapter shall be known as the "Town of Tiburon Property
38 Maintenance Ordinance" and may be so cited.
39 Section 34-20 - Purpose of chapter.
40 The purpose of this chapter is to promote the health, safety, and general welfare of the citizens
41 by requiring a level of maintenance of residential, commercial, institutional and other property
42 that will prevent the occurrence of Blighted Property and protect and preserve the livability,
43 appearance, and social and economic stability of the town and also protect the public from the
44 health and safety hazards and the impairment of property values that results from the neglect and
45 deterioration characterized by Blighted Property.
46 Section 34-30 - Blighted Property defined.
47 Any property on which there exists any one or more of the following conditions or activities is
48 deemed a Blighted Property for the purpose of this chapter:
49 A. Abandoned Building or Structure, defined as:
50 1. A building or structure that is not occupied, inhabited, used, or secured. For
51 purposes of this chapter, a building or structure is not secured if it is unlocked or the
52 public can gain entry without the consent of the owner, or
53 2. A partially constructed, reconstructed or demolished building or structure upon
54 which work is abandoned. Work is considered abandoned when there is no valid and
55 current building or demolition permit or when there has not been any substantial
56 work on an already -commenced permitted project for six months or more.
57
58 B. Attractive Nuisance, defined as property that is in an unsecured state so as to potentially
59 constitute an attraction to children, a harbor for unauthorized persons, or so as to enable
60 persons to resort thereto for the purpose of trespass or committing an unlawful act.
61 Attractive Nuisances include, but are not limited to, abandoned refrigerators, unfenced
62 swimming pools, or open pits.
63
64
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65 C. A Building or Structure that is in a State of Disrepair, defined as:
66 1. A building or other structure that by reason of rot, weakened joints, walls, floors,
67 underpinning, roof, ceilings, or insecure foundation, or other cause has become
68 dilapidated or deteriorated; or
69 2. A building or other structure with exterior walls and/or roof coverings that have
70 become so deteriorated as to not provide adequate weather protection and be likely
71 to, or have resulted in, severe water intrusion damage, termite infestation or dry rot;
72 or
73 3. A building or structure with broken or missing windows or doors that constitute a
74 hazardous condition or a potential attraction to trespassers. For purposes of this
75 chapter "window" shall include any glazed opening, including glazed doors, which
76 faces upon a yard, court, or street; or
77 4. A building or structure including, but not limited to, walls, fences, signs, retaining
78 walls, driveways, or walkways that are broken, deteriorated, or substantially defaced
79 to the extent that the disrepair severely visually impacts neighboring property or
80 presents a risk to public safety. For purposes of this chapter "defaced" includes, but
81 is not limited to, writings, inscriptions, figures, scratches, or other markings
82 commonly referred to as "graffiti" and peeling, flaking, blistering, or otherwise
83 deteriorated paint.
84
85 D. Property Inadequately Maintained, defined as:
86 1. Property that is not kept clean and sanitary and free from accumulations of offensive
87 matter or odor including, but not limited to, overgrown or dead or decayed trees,
88 excessive weeds or unkempt vegetation, overgrowth, dead organic matter, rubbish,
89 junk, garbage, and toxic or otherwise hazardous liquids and substances and material.
90 For the purposes of this section the term "rubbish" shall include combustible and
91 noncombustible waste materials, except garbage; and the term shall also include
92 paper, rags, cartons, boxes, rubber, leather, tree branches, yard trimmings, tin cans,
93 metal, mineral matter, glass, crockery, and similar materials; or
94 2. Property that constitutes a fire hazard or a condition considered dangerous to the
95 public health, safety, and general welfare; or
96 3. Property that is likely to or does harbor rats or other vectors, vermin, feral pets, or
97 other non -domesticated animal nuisances; or
98 4. Landscaping that is inadequately maintained to such an extent that it creates a public
99 safety hazard; or
100 5. Property upon which litter, cut vegetation, garbage, refuse, debris, flyers, or
101 circulars have unreasonably accumulated; or
102 6. Property upon which a swimming pool, spa, pond, stream, or other body of water is
103 left abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the
104 water becoming polluted. "Polluted water" is defined for the purpose of this chapter
105 as water that contains bacterial growth, remains of garbage, refuse, debris, papers
106 and any other foreign matter or material that constitutes an unhealthy or unsafe
107 condition; or
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108 7. Parking lots, driveways, paths, and other areas used or intended to be used for
109 commercial or business activities that are inadequately maintained and pose a risk of
110 harm to public health or safety including, but not limited to, unpaved surfaces that
111 generate fugitive dust and paved surfaces with sizeable cracks, potholes, or other
112 breaks; or
113 8. Property upon which recyclable materials are openly stored. For the purposes of this
114 chapter "recyclable materials" means any goods, vehicles, machinery, appliances,
115 product or article, new or used, that is suitable for reuse; and "open storage" means
116 storage on private property other than in a completely enclosed building. Materials
117 shall be deemed to be held in "open storage" even though screened from public
118 view, or view of residents of adjacent property, by a fence or other such partition; or
119
120 E. Property that Creates a Dangerous Condition, defined as:
121 1. Property having a topography, geology, or configuration that as a result of grading
122 operations, erosion control, sedimentation control work, or other improvements to
123 said property, causes erosion, subsidence, unstable soil conditions, or surface or
124 subsurface drainage problems sufficient to harm or pose a risk of harm to adjacent
125 properties; or
126 2. Property whereupon any condition or object obscures the visibility of public street
127 intersections to the public so as to constitute a hazard, including but not limited to,
128 landscaping, fencing, signs, posts, or equipment; or
129 3. Conditions that due to their accessibility to the public pose a hazard including, but
130 not limited to, unused and broken equipment, abandoned wells, shafts, or basements,
131 hazardous or unprotected pools, ponds, or excavations, structurally unsound fences
132 or structures, machinery that is inadequately secured or protected, lumber, trash,
133 fences or debris that may pose a hazard to the public, storage of chemicals, gas, oil,
134 or toxic or flammable liquids.
135
136 F. Parking, Storage or Maintenance of the Following in Areas Zoned for Residential Use,
137 defined as:
138 1. Any construction or commercial equipment, machinery, material, truck or tractor or
139 trailer or other vehicle having a weight exceeding seven thousand (7,000) pounds, or
140 recyclable materials, as defined in this chapter, except that such items may be
141 temporarily kept within or upon residential property for the time required for the
142 construction of installation of improvements or facilities on the property; or
143 2. Any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other
144 household equipment, machinery, furniture, or other than furniture designed and
145 used for outdoor activities, appliance or appliances, or any parts of any of the listed
146 items for a period of time in excess of seventy-two (72) consecutive hours. This
147 subsection does not prohibit the following:
148 a. Machinery installed in the rear setback areas for household or recreational use.
149 b. Furniture designed and used for outdoor activities.
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150 c. Any item stored or kept within an enclosed storage structure or unit. For the
151 purpose of this subsection, a storage unit is a prefabricated enclosure that is not
152 permanently affixed to the ground, but that is not on wheels or mobile.
153 3. Storing or keeping of packing boxes, lumber, or other debris, except as allowed by
154 this code for the purpose of construction, in any setback areas visible from public
155 property or neighboring properties for a period of time in excess of seventy-two (72)
156 consecutive hours; or
157
158 G. Permit Requirement. Any use of property that does not have all required permits pursuant
159 to town codes or where such permits have expired or been revoked.
160 Section 34-40 - General obligation.
161 No person, fin -n, group, or corporation whether as owner, owner's agent or manager of the
162 subject property or as lessee, sublessee, or occupant in possession of the property shall maintain
163 any property in a blighted condition or shall cause or permit a Blighted Property to exist. No
164 person, firm, group, or corporation shall take any action or allow any action to be taken in
165 violation of any provision of this chapter or order issued pursuant hereto.
166 Section 34-50 - Enforcement responsibility—Delegation of authority.
167 The Town Manager or his or her designees shall be responsible for the enforcement of this
168 chapter and may make such inspections and take such actions as may be required to enforce the
169 provisions of this chapter. The Town Manager is authorized to establish guidelines and
170 interpretations to enforce the provisions of this chapter.
171 Section 34-60 - Abatement.
172 A. Any condition set forth in this chapter may be abated by the Town Manager, or his or
173 her designee, in accordance with the procedures set forth in Chapter 31 (Enforcement
174 of Code) of this Title.
175 B. Actions taken to abate conditions set forth in this chapter may include, but are not
176 limited to, assessment of fees, charges, penalties, and interest; and/or repair or removal
177 of the condition; and/or installation and maintenance of physical barriers to deter the
178 recurrence of or illegal access to the condition; and/or any other abatement action
179 determined by the Town Manager, or his or her designee, to be necessary.
180 Section 34-70 - Restriction of use or occupancy—Dangerous condition.
181 Whenever any condition set forth in this chapter is determined by the Town Manager, or his or
182 her designee, to be dangerous and imminently hazardous to public health and safety, the use or
183 occupancy of the Blighted Property may be restricted in accordance with the procedures set forth
184 in Chapter 31 (Enforcement of Code) of this Title. In addition to restricting the use or occupancy,
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185 the Town Manager, or his or her designee, may require other abatement actions to be taken
186 including, but not limited to, immediate repair or removal of the condition.
187 Section 34-80 - Abatement procedures.
188 The Town Manager, or his or her designee, may institute procedures for abatement of any
189 conditions set forth in this chapter, except where such conditions are otherwise authorized or
190 permitted by law. The Town Manager, or his or her designee, is not required to take any action
191 under this chapter, but may do so at his or her discretion. The provisions as set forth in Chapter
192 31 of this Title, including but not limited to conditions of compliance that assure expeditious
193 abatement of conditions by the property owner, shall apply. The noticing requirements set forth
194 in Title 1, Section 1-7 of this Code shall apply to any such abatement. Fees, charges, penalties,
195 and interest assessed for any abatement action performed by or on behalf of the town including,
196 but not limited to, costs incurred in relocating occupants of the Blighted Property shall be
197 recovered by the town in accordance with the provisions set forth in Title 1, Section 1-10 of this
198 Code. The Town Manager, or his or her designee, may establish time limits for abating blighting
199 conditions that serve the best interests of the town and may subsequently limit or extend or
200 otherwise adjust such durations for good cause.
201 Section 34-90 - Procedures of this chapter—Cumulative.
202 A. Procedures used and actions taken for the abatement of property blight are not limited
203 by this chapter. Procedures and actions under this code may be utilized in conjunction
204 with, or in addition to, any other procedure applicable to the regulation of buildings,
205 structures, or property, including, but not limited to, injunctive or other judicial relief',
206 and the impositions of administrative penalties pursuant to the provisions of Chapter
207 31 of this Title.
208 B. All Blighted Property conditions that are required to be abated pursuant to the
209 provisions and permit requirements of this chapter shall be subject to all provisions of
210 this code including, but not limited to, building construction, repair or demolition, and
211 to all housing, zoning, traffic and fire code provisions.
212 Section 34-100 - Violation—Penalty.
213 Violation of this chapter shall constitute an infraction.
214 SECTION 3. SEVERABILITY.
215 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
216 Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
217 or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
218 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
219 this Ordinance, or its application to any other person or circumstance. The Town Council of the
220 Town of Tiburon hereby declares that it would have adopted each section, subsection,
221 subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
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222 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
223 be declared invalid or unenforceable.
224 SECTION 4. PUBLICATION AND EFFECTIVE DATE.
225
226 This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
227 Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
228 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
229 which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
230 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
231 Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
232 ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
233 the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
234 ordinance along with the names of those Council members voting for and against the ordinance.
235
236 This ordinance was read and introduced at a regular meeting of the Town Council of the
237 Town of Tiburon, held on 2015, and was adopted at a regular meeting
238 of the Town Council of the Town of Tiburon, held on _ , 2015, by the
239 following vote:
240
241 AYES: COUNCILMEMBERS:
242
243 NAYS: COUNCILMEMBERS:
244
245 ABSENT: COUNCILMEMBERS:
246
247
248
249 FRANK X. DOYLE, MAYOR
250 TOWN OF TIBURON
251 ATTEST:
252
253
254
255 DIANE CRANE IACOPI, TOWN CLERK
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