HomeMy WebLinkAboutTC Ord 2015-06-03 (2)ORDINANCE NO. 559 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING TITLE VI, CHAPTER 34 (PROPERTY MAINTENANCE) OF THE TOWN
OF TIBURON MUNICIPAL CODE
SECTION 1. FINDINGS.
WHEREAS, the Town of Tiburon has identified the need for more specific regulatory
provisions to address properties that fall into disrepair; and
WHEREAS, Blighted Properties, as defined below, threaten the health, safety and
welfare of the citizens of the Town of Tiburon; and
WHEREAS, the Town Council of the Town of Tiburon desires to implement a process
by which the Town can require owners of Blighted Properties to properly maintain such
properties; and
WHEREAS, the Town Council finds that adoption of this ordinance is 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.
SECTION 2. ADOPTION.
NOW, THEREFORE BE IT ORDAINED, that the Town Council of the Town of
Tiburon hereby adopts Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal
Code to read as follows:
Chapter 34 - PROPERTY MAINTENANCE
Sections:
34-10 Title
34-20 Purpose of chapter
34-30 Bighted property defined
34-40 General obligation
34-50 Enforcement responsibility—delegation of authority
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C. A Building or Structure that is in a State of Disrepair, defined as:
1. A building or other structure that by reason of rot, weakened joints, walls, floors,
underpinning, roof, ceilings, or insecure foundation, or other cause has become
dilapidated or deteriorated; or
2. A building or other structure with exterior walls and/or roof coverings that have
become so deteriorated as to not provide adequate weather protection and be likely
to, or have resulted in, severe water intrusion damage, termite infestation or dry rot;
or
3. A building or structure with broken or missing windows or doors that constitute a
hazardous condition or a potential attraction to trespassers. For purposes of this
chapter "window" shall include any glazed opening, including glazed doors, which
faces upon a yard, court, or street; or
4. A building or structure including, but not limited to, walls, fences, signs, retaining
walls, driveways, or walkways that are broken, deteriorated, or substantially defaced
to the extent that the disrepair severely visually impacts neighboring property or
presents a risk to public safety. For purposes of this chapter "defaced" includes, but
is not limited to, writings, inscriptions, figures, scratches, or other markings
commonly referred to as "graffiti" and peeling, flaking, blistering, or otherwise
deteriorated paint.
D. Property Inadequately Maintained, defined as:
1. Property that is not kept clean and sanitary and free from accumulations of offensive
matter or odor including, but not limited to, overgrown or dead or decayed trees,
excessive weeds or unkempt vegetation, overgrowth, dead organic matter, rubbish,
junk, garbage, and toxic or otherwise hazardous liquids and substances and material.
For the purposes of this section the term "rubbish" shall include combustible and
noncombustible waste materials, except garbage; and the term shall also include
paper, rags, cartons, boxes, rubber, leather, tree branches, yard trimmings, tin cans,
metal, mineral matter, glass, crockery, and similar materials; or
2. Property that constitutes a fire hazard or a condition considered dangerous to the
public health, safety, and general welfare; or
3. Property that is likely to or does harbor rats or other vectors, vermin, feral pets, or
other non -domesticated animal nuisances; or
4. Landscaping that is inadequately maintained to such an extent that it creates a public
safety hazard; or
5. Property upon which litter, cut vegetation, garbage, refuse, debris, flyers, or
circulars have unreasonably accumulated; or
6. Property upon which a swimming pool, spa, pond, stream, or other body of water is
left 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 that contains bacterial growth, remains of garbage, refuse, debris, papers
and any other foreign matter or material that constitutes an unhealthy or unsafe
condition; or
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7. Parking lots, driveways, paths, and other areas used or intended to be used for
commercial or business activities that are inadequately maintained and pose a risk of
harm to public health or safety including, but not limited to, unpaved surfaces that
generate fugitive dust and paved surfaces with sizeable cracks, potholes, or other
breaks; or
8. Property upon which recyclable materials are openly stored. For the purposes of this
chapter "recyclable materials" means any goods, vehicles, machinery, appliances,
product or article, new or used, that is suitable for reuse; and "open storage" means
storage on private property other than in a completely enclosed building. Materials
shall be deemed to be held in "open storage" even though screened from public
view, or view of residents of adjacent property, by a fence or other such partition.
E. Property that Creates a Dangerous Condition, defined as:
1. Property having a topography, geology, or configuration that as a result of grading
operations, erosion control, sedimentation control work, or other improvements to
said property, causes erosion, subsidence, unstable soil conditions, or surface or
subsurface drainage problems sufficient to harm or pose a risk of harm to adjacent
properties; or
2. Property whereupon any condition or object obscures the visibility of public street
intersections to the public so as to constitute a hazard, including but not limited to,
landscaping, fencing, signs, posts, or equipment; or
3. Conditions that due to their accessibility to the public pose a hazard including, but
not limited to, unused and broken equipment, abandoned wells, shafts, or basements,
hazardous or unprotected pools, ponds, or excavations, structurally unsound fences
or structures, machinery that is inadequately secured or protected, lumber, trash,
fences or debris that may pose a hazard to the public, storage of chemicals, gas, oil,
or toxic or flammable liquids.
F. Parking, Storage or Maintenance of the Following in Areas Zoned for Residential Use,
defined as:
1. Any construction or commercial equipment, machinery, material, truck or tractor or
trailer or other vehicle having a weight exceeding seven thousand (7,000) pounds, or
recyclable materials, as defined in this chapter, except that such items may be
temporarily kept within or upon residential property for the time required for the
construction of installation of improvements or facilities on the property; or
2. Any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other
household equipment, machinery, furniture, or other than furniture designed and
used for outdoor activities, appliance or appliances, or any parts of any of the listed
items for a period of time in excess of seventy-two (72) consecutive hours. This
subsection does not prohibit the following:
a. Machinery installed in the rear setback areas for household or recreational use.
b. Furniture designed and used for outdoor activities.
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c. Any item stored or kept within an enclosed storage structure or unit. For the
purpose of this subsection, a storage unit is a prefabricated enclosure that is not
permanently affixed to the ground, but that is not on wheels or mobile.
3. Storing or keeping of packing boxes, lumber, or other debris, except as allowed by
this code for the purpose of construction, in any setback areas visible from public
property or neighboring properties for a period of time in excess of seventy-two (72)
consecutive hours.
G. Permit Requirement. Any use of property that does not have all required permits pursuant
to town codes or where such permits have expired or been revoked.
Section 34-40 - GeneraI obligation.
No person, firm, group, or corporation whether as owner, owner's agent or manager of the
subject property or as lessee, sublessee, or occupant in possession of the property shall maintain
any property in a blighted condition or shall cause or permit a Blighted Property to exist. No
person, firm, group, 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 hereto.
Section 34-50 - Enforcement responsibility—Delegation of authority.
The Town Manager or his or her designees shall be responsible for the enforcement of this
chapter and may make such inspections and take such actions as may be required to enforce the
provisions of this chapter. The Town Manager is authorized to establish guidelines and
interpretations to enforce the provisions of this chapter.
Section 34-60 - Abatement.
A. Any condition set forth in this chapter may be abated by the Town Manager, or his or
her designee, in accordance with the procedures set forth in Chapter 31 (Enforcement
of Code) of this Title.
B. Actions taken to abate conditions set forth in this chapter may include, but are not
limited to, assessment of fees, charges, penalties, and interest; and/or repair or removal
of the condition; and/or installation and maintenance of physical barriers to deter the
recurrence of or illegal access to the condition; and/or any other abatement action
determined by the Town Manager, or his or her designee, to be necessary.
Section 34-70 - Restriction of use or occupancy—Dangerous condition.
Whenever any condition set forth in this chapter is determined by the Town Manager, or his or
her designee, to be dangerous and imminently hazardous to public health and safety, the use or
occupancy of the Blighted Property may be restricted in accordance with the procedures set forth
in Chapter 31 (Enforcement of Code) of this Title. In addition to restricting the use or occupancy,
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the Town Manager, or his or her designee, may require other abatement actions to be taken
including, but not limited to, immediate repair or removal of the condition.
Section 34-80 - Abatement procedures.
The Town Manager, or his or her designee, may institute procedures for abatement of any
conditions set forth in this chapter, except where such conditions are otherwise authorized or
permitted by law. The Town Manager, or his or her designee, is not required to take any action
under this chapter, but may do so at his or her discretion. The provisions as set forth in Chapter
31 of this Title, including but not limited to conditions of compliance that assure expeditious
abatement of conditions by the property owner, shall apply. The noticing requirements set forth
in Title 1, Section 1-7 of this Code shall apply to any such abatement. Fees, charges, penalties,
and interest assessed for any abatement action performed by or on behalf of the town including,
but not limited to, costs incurred in relocating occupants of the Blighted Property shall be
recovered by the town in accordance with the provisions set forth in Title 1, Section 1-10 of this
Code. The Town Manager, or his or her designee, may establish time limits for abating blighting
conditions that serve the best interests of the town and may subsequently limit or extend or
otherwise adjust such durations for good cause.
Section 34-90 - Procedures of this chapter—Cumulative.
A. Procedures used and actions taken for the abatement of property blight are not limited
by this chapter. Procedures and actions under this code may be utilized in conjunction
with, or in addition to, any other procedure applicable to the regulation of buildings,
structures, or property, including, but not limited to, injunctive or other judicial relief,
and the impositions of administrative penalties pursuant to the provisions of Chapter
31 of this Title.
B. All Blighted Property conditions that are required to be abated pursuant to the
provisions and permit requirements of this chapter shall be subject to all provisions of
this code including, but not limited to, building construction, repair or demolition, and
to all housing, zoning, traffic and fire code provisions.
Section 34-100 - Violation—Penalty.
Violation of this chapter shall constitute an infraction.
SECTION 3. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The Town Council of the
Town of Tiburon hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
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more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on May 20, 2015, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on June 3, 2015, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: O'Donnell
FRANK X. DOYLE, MAYO
TOWN OF TIBURON
ATTEST:
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