The purpose of this chapter is to identify property maintenance standards, and establish procedures for the prosecution and abatement of public nuisance conditions to eliminate visual blight, protect the value of adjacent properties, and to protect the health, safety and general welfare of the community as a whole.

(Ord. 348 § 1 (part), 2007)

The words and phrases contained in Section 17.79.020 shall, for the purposes of this chapter, be defined as follows, except where the context clearly indicates a different meaning.

"City code enforcement officer" means the city code enforcement officer or a designee.

"Commercial vehicle" means any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.

Inoperative Vehicle. A vehicle is "inoperative" if it is:

1.

Mechanically incapable of being driven; or

2.

Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000, 5202, 24002, or 40001.

"On or adjacent to real property" means and includes all areas of the real property including but not limited to the rear side, or front yard areas, parkways, sidewalks, or on abutting streets in all zones in the City except for items contained within a receptacle for collection of solid waste pursuant to the City of Huron Municipal Code.

Owner, Vehicle. "Vehicle owner" means the last registered owner and the legal owner of record.

"Parkway" means the area between any real property line and the edge of the pavement of a public street.

"Public nuisance" means:

1.

Any property that is not maintained pursuant to Section 17.79.060 of this chapter, and is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

2.

The presence of vacant real property in the City that is not properly secured, fenced, boarded up, and maintained pursuant to Section 17.79.070 of this chapter, and which is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

3.

The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private or public property not including streets, except as permitted in Section 17.79.050.

4.

The presence of weeds growing upon any parkway, sidewalk or on private property within the City.

5.

The presence of rubbish upon parkway, sidewalk, or private property.

6.

The breeding and raising of animals whether for domestic, hobby, food, scientific or fur-bearing purposes.

"Public property" means land, buildings, structures, or fixtures that are owned by a public agency. For the purposes of this chapter, "public property" does not include streets.

"Recreational vehicle" means any travel trailer, camper, motor home, or trailer (as defined in State Vehicle Code Sections 242, 243, and 630, respectively), or any camper shell or boat.

"Residential use" means any property zoned for residential use as established in Chapter 17.02 of this title. Sidewalks, parkways, and streets adjacent to residential property shall be considered a residential area for purposes of this chapter.

"Residentially-developed property" means any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.

"Responsible official" means city chief law enforcement official, fire chief, building official, code enforcement officer or designee.

"Responsible party" means the owner, lessee, agent, person, or entity in lawful charge or possession of the property.

"Rubbish" means all waste which includes but is not limited to:

1.

Animal or human offal, asphalt, inoperative bicycles and parts, boards, inoperative boats and parts, bottles, boxes, bricks, cans, cartons, cement, cinder blocks, concrete, containers, crates, dirt, doors, equipment, glass, gravel, hazardous waste, hoses, lumber, machinery, metal, paint, pallets, paper, pipe, plaster, rebar, rocks, rubber, sand, siding boards, stucco, tile, windows, wire, wood, and other similar material;

2.

Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees, vegetables and dirt, and firewood piles;

3.

Rugs, mattresses, furniture, utensils, clothing, toys, appliances, household supplies and equipment;

4.

Vehicle bodies, motors, tires, parts and accessories;

5.

Any other similar item and material of residential, commercial or industrial nature existing in an unusable, inoperative, discarded or abandoned condition.

"Street" means a public street, drive, right-of-way, avenue, highway, place, close, pass, alley, lane, court, or way.

"Temporary accessory parking structure." A parking structure approved by the city of Huron Planning Department and issued a ministerial permit.

"Vacant real property" means any vacant parcel of land, building or structure on real property in all zones in the City where the responsible party has intentionally left such property vacant and unoccupied for a period of time exceeding thirty (30) calendar days.

"Vehicle" means an automobile, truck, motorcycle, trailer, and any other device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power.

"Weeds" means plant material that is noxious or dangerous, and/or dry grass, stubble, brush, or other flammable material that creates a fire hazard, and/or green weeds that are one foot in height or greater.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 362, § 3, 11-16-11)

Except as provided in Section 17.79.050, it shall be unlawful for any responsible party having charge or possession of any real property in the City to:

A.

Operate any business activity in the City without a business license registration certificate and appropriate planning and zoning approval;

B.

Operate any business or other activity in the City not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the City. This includes, but is not limited to, business license registration certificates, home occupation permits and conditional use permits;

C.

Allow upon any premises under his or her control the placement of any temporary or permanent signs without appropriate zoning and building permit approval;

D.

Keep, store, or maintain on or in front of any real property, or in or on any vehicle upon the real property under his or her control any litter, rubbish or weeds, when such material is open to view at street level from a parkway, street, or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property;

E.

Not maintain any parcel of land, building, or structure on real property in conformance with the standards contained in Section 17.79.060 of this chapter;

F.

Permit any parcel of land, building, or structure on real property to remain a vacant real property without properly securing and maintaining the property pursuant to Section 17.79.070 vacant property maintenance standards of this chapter;

G.

Allow upon any premises under his or her control the use of any pay telephone that is used as an instrument for or contributes substantially by its presence to any of the following conditions:

1.

Selling or giving away controlled substances (as defined in Division 10 of the State Health and Safety Code); soliciting, agreeing to engage in, or engaging in any act of prostitution; or other criminal activity,

2.

Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to an alcoholic beverage control license;

H.

Allow upon any premises under his or her control any swimming pool, pond, spa, or other body of water or excavation which is abandoned, unattended, or unfiltered;

I.

Allow the disposal or storage of oil, grease, other petroleum products, noxious chemical, pesticides, or any gaseous, liquid, or solid waste in such a manner to constitute a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties;

J.

Keep, store, or maintain upon any premises under his or her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, except as permitted by Section 17.79.050;

K.

Keep, store, or maintain upon any premises under his or her control any vehicle or recreational vehicle, except as permitted by Section 17.79.050;

L.

Use any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space unless exempted pursuant to Section 17.79.050;

M.

Use a garage, shed or accessory structure, or any portion thereof, as a temporary or permanent living space or as a meeting room;

N.

Keep, store, or maintain in any residential zone or on any residentially-developed property any of the following:

1.

Construction and/or business equipment, supplies, materials, or machinery of any type or description, including cargo containers,

2.

Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers, catering trucks (mobile food services),

3.

Any other commercial vehicle over twenty-five (25) feet long or eight feet in height or ninety (90) inches wide, or

4.

Portable restroom facilities;

O.

Allow accessory structures including but not limited to walls, fences, drainages, sidewalks, sheds, garages, temporary accessory parking structures, playhouses, lean-tos, and wall hedges to fall into a state of disrepair or deterioration.

P.

Abandon or discard any personal property including rubbish as described in Section 17.79.020 on any public property including a street. Except when deposited in an approved City of Huron refuse container in the manner prescribed by Chapter 8.12 of the City of Huron Municipal Code;

Q.

Breed and/or raise animals for domestic, hobby, food, scientific or fur-bearing purposes;

R.

Keep or store any nonoperable vehicle in any, street or residential driveway.

S.

Erect or use a temporary accessory parking structure without obtaining a ministerial permit from the City of Huron Planning Department.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 362, § 4, 11-16-11)

A violation of this chapter is a misdemeanor pursuant to the City of Huron Municipal Code and such violation may be established by evidence obtained by the chief law enforcement official, fire chief, building official, code enforcement officer, or their designees (responsible official).

(Ord. 348 § 1 (part), 2007)

The provisions of this chapter shall not apply to the following:

A.

Any material currently in use in the course of lawful permitted construction, demolition or landscaping on the site;

B.

Any material contained within a fully enclosed structure or lawfully constructed solid, opaque wall, or fence, and such material is not in a condition as to be detrimental to the health, safety, or welfare of the inhabitants of such real property, the public, or any adjoining property;

C.

A mobilehome or recreational vehicle permitted as a temporary dwelling unit pursuant to Table 17-3 and in compliance with the provisions as set forth in Section 17.79.060(K);

D.

Nothing in this section shall be construed as authorizing the maintenance of a public or private nuisance.

(Ord. 348 § 1 (part), 2007)

All developed real property in the City shall be maintained at a level not less than the following standards.

A.

Address Numerals. Street address numerals shall be maintained pursuant to following:

1.

For single-family dwelling units, street addresses shall be visible from the public street and may be displayed either on the front door, on the fascia adjacent to the main entrance, or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley.

2.

For multifamily dwelling units, street address shall be visible from the public street and shall be displayed on the complex identification sign. If there is no complex identification sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Identification of individual units shall be provided adjacent to the unit entrances.

3.

For nonresidential properties, street address shall be visible from the public street and shall be displayed on the freestanding sign as allowed in Chapter 17.61 of this title. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Identification of individual units shall be provided adjacent to the unit entrances.

B.

Building Exteriors and Roofs. Exterior building surfaces and roofs for all buildings including accessory buildings and structures shall be maintained free of significant surface cracks, missing materials, warping and dry rot which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.

C.

Condition of Structures. Structures shall not be partially destroyed, abandoned, unsecured, or permitted to remain in a state of, except properties with valid current building permits on file with the City of Huron building department, partial construction for more than thirty (30) days. Buildings or structures shall not be boarded up for a period in excess of ten days without a valid demolition or building permit on file, except in compliance with Section 17.79.070.

D.

Drainage. On-site drainage improvements shall be maintained in order to prevent deterioration, disrepair, and ineffectiveness.

E.

Excavations. Excavations, abandoned wells, shafts, basements, and other holes shall be properly secured to prevent access by unauthorized persons.

F.

Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.

G.

Landscaping. All landscaping on the property shall be maintained pursuant to Chapter 17.51 of this title and all landscaping visible from a public street shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.

H.

Lighting. All exterior light fixtures shall be maintained in good working order free of broken lamps, lens, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.

I.

Outdoor Drying. In all residential zones or residential developments, the outdoor airing and/or drying of laundry, clothes, other household linens, or food is permitted only in rear or side yards, provided that the items are not visible from a public street excluding alleys.

J.

Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, fences, and structures shall be maintained in order to prevent decay, excessive cracking, peeling, chalking, dry rot, warping, or termite infestation.

K.

Parking Areas, Sidewalks. Parking areas, private alleys, driveways, sidewalks, and walkways shall be maintained free of potholes, cracks, breaks, lifting, and other deteriorated conditions. The parking and storage of vehicles are subject to the provision in Table 17-7.

Table 17-7

Vehicle Storage and Parking Regulations

P = Permitted

! = Prohibited

1. Excludes buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, catering trucks, or any other commercial vehicle over twenty-five (25) feet long or eight feet in height or ninety (90) inches wide, except as allowed in Section 17.79.050(A).

L.

Pools. Barrier fencing and gates for swimming pools and spas shall be maintained as required by the California Building Code. Swimming pools and spas shall not contain unfiltered or stagnant water.

M.

Rodent and Vermin Control. All property, including landscaped areas, buildings, and structures, shall be maintained free of rodents and other vermin in accordance with the requirements of the District Fresno County Mosquito and Vector Control.

N.

Signs. All signs and sign structures shall be maintained in order to prevent deterioration, disrepair, and unsightliness. The structural integrity of all supporting poles, and mounting fixtures shall be maintained. All sign faces shall be maintained free of missing lettering or lighting.

O.

Trash Bins. Trash bins or dumpsters shall be kept within an enclosed building, trash enclosure, or screened from public view to the maximum extent feasible. Overflowing trash bins or dumpsters due to inadequate number of bins and/or request for service from the trash hauler are prohibited. Use of commercial trash bins for residential uses other than during construction with a valid building permit is prohibited.

P.

Use of Portable Canopies. The use of portable canopies in nonresidential zones is prohibited in any outdoor area. The use of portable canopies in residential zones is prohibited in any outdoor area visible from any public street.

Q.

Use of Tarps. Excluding emergency repairs, the use of tarps for roof and building repairs is prohibited. Additionally, the use of tarps for vehicle covers, carports, or temporary (portable) canopies, enclosures, and/or awnings is prohibited in any outdoor area visible from any public street.

R.

Temporary Accessory Parking Structures. Temporary accessory parking structure shall mean a non-porous covering fastened to vertical and/or horizontal poles fastened to vertical poles integral to the covering material. Vertical poles shall be firmly fastened to the paved surface of the driveway by fixtures easily removed and are not permanently affixed in or to the ground by footings or other means. The occupant of the property shall only use the temporary accessory parking structure for providing shade to only one private operational vehicle per parcel in an R-1-A or R-1 Zone District. Temporary accessory parking structures are not allowed in any other residential, or commercial or industrial zone district. The temporary accessory parking structure shall not substitute for the covered parking required in a residential district. A temporary accessory parking structure may be located in the front yard provided that a ministerial permit is obtained from the planning department according to Section 17.60.06(A)(1).

S.

Walls, Fences, and Trash Enclosures.

T.

Window Screens.

U.

Windows.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 362, § 5, 11-16-11)

A.

Mandatory Standards. All vacant real property in the City shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant real property:

1.

Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.

2.

Rubbish, Litter and Weeds. All landscaped, concrete, dirt or paved open areas on the real property and adjoining public parkway shall be kept clear of rubbish, litter, and weeds. All rubbish, litter and weeds shall be removed according to the following standards:

a.

Small Lots One Acre or Less. Lot is to be scraped of all weeds, trash, and debris, to include all areas outside of property fence (if present) to the edge of pavement or street curbing at front and side streets; and at the rear of alley or center of nondedicated easement if applicable. Grass or weeds unable to be scraped such as in corners of lot or along fences shall be cut to within one inch of ground. All weeds, trash, and debris are to be removed from property and properly disposed of at an approved City/County disposal site.

b.

Large Lots Greater Than One Acre. Parcels exceeding one acre whether residential or nonresidential may be cleaned by scraping, plowing or tilling soil until soil is rolled, creating a path twenty (20) feet in width completely around the perimeter off parcel unless otherwise specked by case officer. All trash and debris in area are to be cleaned are to be removed from property and disposed of at an approved City/County disposal site.

c.

Lots Containing Structures and/or Trees. Lots unable to be scraped shall be cleaned by mowing or cutting grass or weeds to within one inch of the ground. All shrubbery adjacent to structures covering window areas shall be cut or trimmed to windowsill height. Tree branches shall be cut to provide six feet of clear area above ground. All weeds, trash, and debris are to be cleaned and removed from the property and disposed of at an approved City/County disposal site.

Note: Tumbleweeds and similar vegetation must be removed prior to tilling the soil.

B.

Additional Standards. When deemed necessary by the responsible official in order to maintain the safety of persons or property, the following standards may also be imposed:

1.

Access Points. All windows, doors, and other open access features to the structures on the real property shall be boarded up and secured according to the following standards (alternate materials may be used if approved by responsible official):

a.

Any missing or broken windows or doors shall be covered as specified. Complete boarding of all unbroken windows shall only be required when specified by the case officer.

b.

Exterior door openings may be secured against entry by locking or using #10 minimum flathead wood screws penetrating a minimum of three-fourths inch into framing members, only if doors do not contain glazing panes.

c.

All wood used to cover openings shall be new or comparable (to be approved by case officer), exterior grade one-half inch nominal thickness plywood or O.S.B. board. Only one piece of plywood or O.S.B. board shall be used per opening unless the opening requires more than one four-foot by eight-foot sheet in which case, splices shall have two-inch by four-inch backing the complete length of the splice. Plywood or O.S.B. board shall extend two inches minimum beyond opening on all sides and shall be seared by #10 minimum flathead wood screws. Screws shall be spaced twelve (12) inches can center around complete opening and shall penetrate framing members a minimum of three-fourths inch.

d.

Where applicable, plywood or O.S.B. board shall extend flush to top of door threshold and protruding windowsills.

e.

All variations from above requirements shall be approved by case officer.

f.

Contactor shall first confer with officer prior to submitting bid for special board-up conditions such as apartment buildings, motels, or commercial buildings.

g.

All boards visible from the building's exterior shall be painted to match the buildings' exterior.

h.

Refill holes, which are more than one foot in depth.

2.

A building shall be permitted to be boarded up for no longer than six months. If a demo permit or building permit are not issued, within six months, the City shall initiate abatement proceedings.

3.

Fencing. The property shall be temporarily fenced on all sides along the property line with a chain link fence or other type of secure fencing at a minimum height of six feet from grade, or greater, as determined by the fire chief or building official. The fence shall be properly posted with no trespassing signs, and kept clear of all other signs, except lawfully installed real estate signs for the lease or sale of the property and signs identifying ownership of the property or fencing.

4.

Security Lighting. All structures which could be used for human habitation shall have a minimum of one light each in the front and rear yards. Such lighting shall be capable of illuminating the structure's exterior so as to be visible from the street or alley from dusk to dawn. However, the lights shall be shielded to avoid lighting adjacent properties.

(Ord. 348 § 1 (part), 2007)

Compliance with the standards contained in this chapter shall be at the sole cost of the responsible party for the vacant real property and shall not limit the remedies or recovery of costs for the abatement of any vacant real property found to be in violation by city council or its designee pursuant to this title.

(Ord. 348 § 1 (part), 2007)

A.

Abatement Administrative Costs.

1.

City Council Authority. Upon discovering that a property is in violation of this chapter, the city council or its designee shall have the authority to cause the abatement and removal of the violation in accordance with the procedures prescribed in this chapter.

2.

Administrative Costs. The city council shall determine and fix the amount to be assessed as administrative costs in addition to the actual costs for removal of the public nuisance conditions on the real property pursuant to this chapter.

B.

Abatement Authorized.

1.

Responsible Officials. The building official, code enforcement officer, fire chief or their designees are authorized to abate any dangerous building or conditions found to exist on real property subject to this chapter. Such abatement action may include but is not limited to the implementation of standards in Sections 17.79.060 and 17.79.070 of this chapter.

2.

Weed and Rubbish Abatement. The fire chief, code enforcement officer or any responsible official is authorized to abate any rubbish or weeds found to exist on any real property subject to this chapter.

3.

Abandoned, Wrecked, Dismantled, or Inoperative Vehicles. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, on private property or, public property within the City, the responsible officer shall have the authority to cause its abatement and removal in accordance with the procedure prescribed in this chapter.

C.

Abatement Procedures, Excepting Abandoned, Wrecked, Dismantled, or Inoperative Vehicles.

1.

Resolution. Where the responsible official or their designees find conditions to exist on any real property in the City that violates this chapter, the city council by resolution may declare such conditions a public nuisance. A resolution shall refer to the real property by the name under which it is commonly known, or by the street upon which the private property fronts or abuts or nearest to which the private property is located. The resolution shall describe the property upon which the public nuisance appears, in the manner set forth in subsection (C)(2) of this section.

2.

Property Description. The resolution shall describe the property upon which or in front of which the public nuisance exists by describing the property in accordance with the map used in describing property for taxation purposes. No other description shall be necessary. If the private property fronts or abuts upon more than one street, it shall be necessary to refer to only one of the streets. Any number of streets or parcels of private property may be included in one resolution.

3.

Notice. Notice of the hearing at which the city council will consider a resolution declaring a public nuisance shall be provided at least ten days in advance of the hearing to the owner of the affected premises, as shown on the latest real property tax assessment roll, any known responsible party, and shall, if practical, be posted on the affected premises. The responsible official is hereby designated as the person to give notice to the responsible party to abate the public nuisance conditions on the real property. The responsible official shall have the power to develop such regulations, forms, and procedures as are necessary to accomplish the purposes of this chapter. After city council has passed a resolution pursuant to this section, the notice to the responsible party to abate the public nuisance conditions shall comply with the following:

a.

The notice shall be substantially in the following form:

NOTICE TO ABATE PUBLIC NUISANCE

Notice is hereby given that on the _____ day of _______, 20___, the City Council of the City of Huron passed a Resolution declaring that conditions detrimental to the public health, safety or welfare exist upon the real property on or nearest to Street/road/avenue in the City, and that the conditions constitute a Public Nuisance which must be abated by the City, and the cost of removal assessed upon the land from which such Public Nuisance conditions were removed and will constitute a lien upon such land until paid. Reference is hereby made to Resolution No. _____ for more particulars. A copy of the Resolution is on file in the Office of the City Clerk, 746 - 8th Street, Huron, CA 93280.

All property owners and other Responsible Parties having any objections to the proposed removal of such Public Nuisance conditions are hereby notified to attend the meeting of the City Council to be held on _______ when their objections will be heard and given due consideration.

Dated this _____ day of _______, 20___.

Responsible Official

b.

After the adoption of a resolution by city council, the notice shall be mailed by certified first class mail to the property owner(s) as shown by the most recently received real property tax assessment roll, and to any other responsible party, to the extent that his or her address is known.

C.

Proof of notice shall be provided to city council at the hearing on protests as set forth in this section.

4.

Public Hearing (Hearing). At the time stated in the notice set forth in subsection (C)(3) of this section, the city council shall hear and consider all objections or protests, if any, to the proposed removal of the public nuisance conditions and may continue the hearing. Upon conclusion of the hearing, the city council shall allow or overrule by resolution or motion any or all objections, whereupon the city council shall acquire jurisdiction to proceed to perform the work of removal and the decision of the council on the matter shall be final and subject to California Code of Civil Procedure Section 1094.6. If objections have not been made, or if the city council has overruled those made, it shall order the responsible official or their designee to abate the public nuisance by having the public nuisance conditions removed. Such order shall be made by resolution or motion of city council.

5.

Decision. The decision of the city council shall be final.

6.

Contact with Responsible Party. The responsible official or their designee shall not undertake to abate any public nuisance by order of city council pursuant to this section until he or she has made a reasonable effort to personally contact any responsible party protesting the council order to abate, in order to explain the purpose of the program, handle any special problem, and grant the responsible party additional time if warranted to provide his or her own abatement.

7.

Right of Entry. The responsible official or their designee may enter upon private property to inspect or abate any public nuisance prohibited by this chapter upon:

a.

Receipt of consent from the owner or occupant of the affected premises; or

b.

Obtaining a warrant authorizing such an inspection and/or abatement. Such responsible official may enter the private property immediately, if the public nuisance presents a significant and immediate threat to the public health, safety, or welfare.

8.

Removal Before City Representative. Any responsible party may have the public nuisance conditions removed and abated at his or her own expense if it is done before the arrival of the City representative to remove such conditions pursuant to this chapter.

9.

Abatement Work—Costs and Records—Manner of Collection.

a.

Abatement Work. The abatement work may be done by City work forces or by independent contractors.

b.

Records and Costs. The responsible official or their designees who are responsible for carrying out the order of abatement by city council shall keep an account of the cost of abatement of the public nuisance on each separate lot or parcel of land and shall render a written itemized report (Report) to city council for confirmation showing the costs of removing the public nuisance conditions on each separate lot or parcel of land.

i.

Posting of Report Required. Before the report is submitted to the city council, it shall be posted at least three days on the bulletin board at the City Hall with a notice of the time when the report will be submitted to the city council for confirmation.

ii.

Mailing of Notice of Submission. At least seven days prior to the date of submission for confirmation, a postcard notice of the time and place of the submission of the report for confirmation, stating generally the nature of the report, shall be mailed to the owners of the parcels who have filed with the council a written request for a postcard notice within one year prior to the date of mailing the notice.

iii.

Hearing on Report. At the time fixed for receiving and considering the report, the city council shall hear it with any objections of any of the property owners liable to be assessed for the work of abatement. The city council may make such modifications in the report as it deems necessary, after which, by motion or resolution, the report shall be confirmed.

iv.

Costs Lien on Property Affected. The amount of the costs for abating the public nuisance on the lot or parcel of land mentioned in the report, as confirmed, shall constitute special assessments against the respective parcels or lots, and shall be a lien on the property for the amount of the respective assessments. The decision by city council to confirm the costs for abating the public nuisance shall be final and subject to California Code of Civil Procedure Section 1094.6.

c.

Manner of Collection. A certified copy of the report set forth in subsection (C)(9)(b) of this section shall be filed with the County of Fresno assessor on or before August 10th. The description of the parcels reported shall be those used for the same parcels on the Fresno County assessor's map books for the current year. The amount of the assessments shall be collected at the same time and in the same manner as City taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes.

i.

Application of Tax Statutes. All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such special assessment taxes.

ii.

Issuance of Separate Tax Bills, Receipts. The Fresno County tax assessor, in his or her discretion, may issue separate bills for such special assessment taxes and separate receipts for collection on account of such assessments.

iii.

Cancellation or Refund Required—Grounds. All or any portion of any such special assessment, penalty or costs heretofore or hereafter entered shall, on order of the city council, be canceled by the Fresno County assessor if uncollected, or, except as provided in subsection (C)(9)(c) hereof, be refunded by the director of finance if collected, if it was entered, charged or paid:

(A)

More than once;

(B)

Through clerical error;

(C)

Through the error or mistake of the city council or of the responsible official in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows that the City abated the nuisance but such was not the actual fact;

(D)

Illegally;

(E)

On property acquired after the lien date by the State or by any county, city, school district or other political subdivision, and because of this public ownership is not subject to sale for delinquent taxes.

iv.

Claim or Refund. The provisions of this section shall not apply to cancellations. No order for a refund under this section shall be made except on a claim:

(A)

Verified by the person who paid the special assessment, his guardian, executor or administrator;

(B)

Filed with the city clerk on or before March 1st after the tax became due and payable.

10.

Demolition. Where the responsible official or their designee find that a real property contains a structure that violates this chapter and presents a threat to the safety or health of the public, city council by resolution may declare the structure a public nuisance and order the demolition of the structure where it finds the property violates this chapter, presents an immediate threat to the safety or health of the public and finds that persons have continued to enter, occupy or inhabit such structures despite the application of the standards in Sections 17.79.060 and 17.79.070. The demolition of a structure pursuant to this section shall not occur until the abatement procedures are complied with as set forth in this chapter.

11.

Emergency Abatement. In the event the public nuisance constitutes a significant and immediate threat to the public health, safety, or welfare, the responsible official or their designee, may enter the property upon which the public nuisance exists, abate the public nuisance, and restore any property affected by the public nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner/occupant thereof and without judicial warrant.

a.

Imminent danger shall include, but is not limited to, circumstances that present a significant and immediate threat to the public health, safety, or welfare.

b.

Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing before the city council shall follow the abatement action. The hearing on the emergency abatement action shall be held within five business days following the action of abatement, unless the hearing (or the time required for the hearing) is waived in writing by the parties subject to the abatement action. A request for a hearing shall not be required of the person whose property is the subject of the abatement action. The city council at the hearing will determine the reasons for the abatement.

D.

Abatement Procedures for Abandoned, Wrecked, Dismantled, or Inoperative Vehicles.

1.

Notice Required. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PART THEREOF AS A PUBLIC NUISANCE.

(Name and address of owner of the property on which the vehicle is located)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Title 17, (Huron Municipal Code) has determined that there exists upon said land an (or part of an) abandoned, wrecked, dismantled or Inoperative Vehicle registered to ___________, license number _______, which constitutes a Public Nuisance. You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10-days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Huron, and the costs thereof, together with administrative costs, assessed to you as Responsible Party on which said Vehicle (or said part of a Vehicle) is located.

As Responsible Party on which said Vehicle (or said part of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within the 10-day period, the City of Huron shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) as a Public Nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said Vehicle (or said part of a Vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the Vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed ________

(Date) CITY OF HURON By ___________Responsible Official

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART THEREOF AS A PUBLIC NUISANCE,

(Name and address of last registered and legal owner(s) of record of Vehicle-notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of Vehicle-make, model, license, etc.) you are hereby notified that the undersigned, pursuant to Title 17, Huron Municipal Code, has determined that said Vehicle (or part of a Vehicle) exists as an abandoned, wrecked, dismantled or Inoperative Vehicle at (describe location on public or private property) and constitutes a Public Nuisance pursuant to the provisions of said Municipal Code.

You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said Vehicle (or said part of a Vehicle), you are hereby notified that you may, within ten 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such 10-day period, the City Council shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) without a hearing,

Notice Mailed ________

(Date) CITY OF HURON By ___________Responsible Official

2.

Public Hearing upon Written Request. Upon request by the owner of the vehicle or the owner of the property on which the vehicle is located received by the City within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle, or part thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the costs of removal of the vehicle, or part thereof, against the property on which it is located.

3.

Public Hearing upon Constructive Request—Notice of Hearing—Authority to Abate and Remove without Hearing. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, or part thereof, as a public nuisance without holding a public hearing.

4.

City Council to Hear Facts and Testimony. All hearings under this chapter shall be held before the city council, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the property on which the vehicle is located may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his or her reasons for such denial.

5.

General Powers of City Council—Notice of Council's Decision.

a.

The city council may impose such conditions and take such other action, as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is an inoperative vehicle on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the responsible party. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

b.

If it is determined at the hearing that the vehicle, or part thereof, was placed on the land without the consent of the owner of the property on which the vehicle is located and that he or she has not subsequently acquiesced in its presence, the city council shall not assess the costs of administration or removal of the vehicle, or part thereof, against the property upon which the vehicle, or part thereof, is located or otherwise attempt to collect such costs from such owner of the property on which the vehicle is located.

C.

If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, he or she shall be notified in writing of the decision.

6.

Appeal. Any rehearing or judicial review of the city council decision shall be according to the procedures set forth in Chapter 17.75.

7.

Disposal. Seven days after adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or seven days from the date of mailing of notice of the decision if such notice is required by this section, the vehicle, or part thereof, may be disposed of by removal to a scrap yard or automobile dismantled yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

8.

Notice of Removal to Department of Motor Vehicles. Within five days after the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles identifying, the vehicle, or part thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to the registration card, certificates of ownership, and license plates.

9.

Costs of Removal Assessed. If the administrative costs and the cost of removal which are charged against the owner of the property on which the vehicle is located or any other known responsible party pursuant to this chapter are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel (and pursuant to Section 38773.5 of the Government Code), and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other City taxes.

10.

Nonexclusive Remedy. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles with the City of Huron. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of Huron, the State, or any other legal entity or agency having jurisdiction.

(Ord. 348 § 1 (part), 2007)

Table 17-1

City of Huron

Permitted and Conditional Uses

Nonresidential Zones

¹  In conjunction with permitted use.
²  Not to exceed one hundred (100) square feet in area, to be used for purposes of maintaining the lot, and to contain no provisions for residential or commercial use.
³  Within or behind the main building.
⁴  Conditional if bar is included.
⁵  Bone, feathers, hair, horns, paints (not employing a boiling process), rubber.
⁶  Small animals only.
⁷  Excluding retail sales, storage of stock in trade, and storage of equipment not used exclusively in said offices.
⁸  When related to the administration and operation of permitted industrial uses.
⁹  Public service only.
P Permitted.
C Conditional.

(Ord. No. 369 , § 1, 4-6-2016)

Table 17-2

City of Huron

Development Standards

Nonresidential Zones

DU - Dwelling Unit

NR- No Requirement

;sup\sup; See code for exceptions and further details.

ⁱⁱ  Except a maximum of one caretaker's residence per industrial use.

ⁱⁱⁱ  The yard shall be equal to the largest adjacent residential yard required for the adjacent district, however, in no event need such a yard be greater than twenty (20) feet.

^iv  Nonresidential uses only.

Table 17-3

City of Huron

Permitted, Conditional and Ministerial Permitted Uses

Residential Zones

¹  No dwelling structure may exceed one story or twenty (20) feet in height.

²  Only for the sale of agricultural products produced on the same site.

³  Wholesale only.

⁴  Not to exceed ten children.

⁵  Not to exceed ten children when lot is occupied by only one dwelling unit.

⁶  Not to exceed ten children, on a single-family lot only.

⁷  Single-family only, not more than one per lot.

⁸  Conditional permit required if the park allows overnight or short-term transient occupancy.

⁹  Does not include temporary parking structure as defined in Chapter 17.03.02, Definitions of this Zoning Ordinance.

¹⁰  Ministerial permit issued by the planning department, see Chapter 15.75.02 for further explanation.

(Ord. No. 362, § 6, 11-16-11)

Table 17-4

City of Huron

Development Standards

Residential Zones

;sup\sup; See code for exceptions and special cases not listed in this table.

ⁱⁱ  Before any building or structure, with the exception of a single-family dwelling, is constructed within this district, a site plan shall be submitted to the city administrator.

ⁱⁱⁱ  These dimensions apply to the park as a whole. Each mobilehome space must be thirty (30) feet in width, and have a minimum area of one thousand five hundred (1,500) square foot.

^iv  Single-family only.

^v  Single-family only, except in PUDs.

^vi  Not to exceed four dwelling units per lot.

^vii  The remaining forty (40) percent shall be devoted to landscaping, lawn, and outdoor recreation facilities incidental to residential developments (see code for details).

^viii  Twenty-five (25) feet for cul-de-sac lots.

^ix  PUDs only.

^x  And not within eighty (80) feet of the front property line of the subject property.

^xi  A mobilehome park shall be entirely enclosed within a six-foot, solid block wall, with the exception of required yards, said wall shall be reduced to three feet.

Table 17-5

City of Huron

Parking Requirements

Table 17-6

City of Huron

Signs Permitted

Table 17-7

City of Huron

Off-Street Parking Standards

R = Required

P = Permitted

! = Prohibited

¹  Not required, but permitted, in the R-A zone.

²  Where no wall is required along a boundary of an area covered by this section, there shall be a concrete curb or timber barrier not less than six inches high.

³  Applies to all R zones except R-A.

Appendix A

NOTICE OF FAIR HOUSING ACCOMMODATION
PROCEDURES FOR PEOPLE WITH DISABILITIES

THIS IS NOT A COMPREHENSIVE EXPLANATION OF YOUR RIGHTS UNDER THE FEDERAL FAIR HOUSING AMENDMENTS ACT.

You may request a reasonable accommodation to rules, policies, practices and procedures for the siting, development and use of housing, including housing related services or facilities, if you meet all of the following:

• you have a disability* or the housing is for people with disabilities;

• you may need a reasonable accommodation to existing rules and regulations to have equal opportunity to housing AND;

• your request for accommodation would not be an undue burden on the city or county.

If you believe that you satisfy the above criteria and are entitled to a reasonable accommodation under the Fair Housing Amendments Act of 1988, you may obtain a Fair Housing Accommodation Request form from the front desk. If you need assistance in applying for a reasonable accommodation, the Department will assist you.

* The Fair Housing Act defines "disability" as any of the following: a physical or mental impairment that substantially limits one or more major life activities; a record of having such an impairment or; being regarding has having such an impairment. The Fair Housing Act does not protect individuals currently using illegal substances, unless they have a separate disability.

Appendix B

FAIR HOUSING ACCOMMODATION REQUEST

EXPLANATION OF RIGHTS UNDER THE FAIR HOUSING AMENDMENTS ACT

Before completing the request for a reasonable accommodation, below, please read the following information about who is protected by the Fair Housing Amendments Act and what accommodation may be available under the law. This is not a comprehensive explanation of your rights under the Fair Housing Amendments Act.

Do the protections of the Fair Housing Amendments Act apply to me?

You are protected by the Fair Housing Amendments Act if you have a disability or the housing is for people with disabilities. "Disability" means any one of the following: a physical or mental impairment that substantially limits one or more major life activities or a record of having such an impairment or being regarded by others as having such an impairment. The Fair Housing Amendments Act does not protect an individual currently using illegal substances, unless that person has a separate disability.

What kind of accommodation may I request under the Fair Housing Amendments Act?

If you have a disability or the housing is for people with disabilities, the Fair Housing Amendments Act requires that the city or county provide you with reasonable accommodation in rules, policies, practices and procedures that may be necessary for people with disabilities to have equal opportunity to use and enjoy a dwelling. More specifically, the city or county must provide you with reasonable accommodation in decisions and procedures regulating the siting, funding, development or use of housing, including housing related services or facilities.

How do I request reasonable accommodation from the City or County?

To make a request for reasonable accommodation, answer the questions on the attached one page request form, sign and date the form and return it to the Department. If you need help in answering the questions on the request form, you may ask for assistance from the Department. Your accommodation request will be reviewed by the designee who will issue a written decision on your request within thirty (30) days of the date of the request. If the designee does not issue a written decision within 30 days, your request will automatically be granted. If the designee needs additional information consistent with the Fair Housing Amendments Act to consider your request, the 30 day time period will stop running until you respond to the request.

What if my request for reasonable accommodation is denied?

If your request for accommodation is denied, you may appeal the adverse decision by filing a Notice of Appeal with the appeals designee within thirty (30) days of the decision. You may request reasonable accommodation in the procedure by which an appeal may be conducted. You may also contact your local fair housing or disability rights organization or legal services office for further assistance. Nothing in this accommodation request procedure limits your right to any other available state or federal remedy.

APPLICATION FOR REQUEST FOR
REASONABLE ACCOMMODATION

NOTE: If you need help in completing this request form, the Department will assist you. Please contact the person at the counter where you received this request form for assistance.

PLEASE ATTACH ANY DOCUMENTS THAT YOU THINK SUPPORT YOUR REQUEST FOR REASONABLE ACCOMMODATION AND WOULD ASSIST US IN CONSIDERING YOUR REQUEST.

Appendix C

NOTICE OF DECISION ON FAIR HOUSING ACCOMMODATION REQUEST

1. Date of Application: ________

2. Date of Decision: ________

3. The request for a Fair Housing Accommodation is:

_____ Granted _____ Denied (See Notice below re right to appeal decision.)

4. The reasons for this decision are as follows:

_____

_____

_____

_____

_____

_____

5. The facts relied on in making this decision:

_____

_____

_____

_____

_____

_____

Signature of Designee ___________ Date ________

NOTICE: If your request for accommodation was denied, you may appeal the Designee's decision to the Appeals Designee within thirty (30) days of the date of this decision. To file an appeal, complete and file an Appeal of Denial of Fair Housing Accommodation Request form with the Department. You may request reasonable accommodation in the procedure by which an appeal may be conducted.

Appendix D

APPEAL OF DENIAL OF FAIR HOUSING ACCOMMODATION
REQUEST

NOTICE: PLEASE ATTACH TO THIS APPEAL FORM (1) A COPY OF YOUR FAIR HOUSING ACCOMMODATION REQUEST ALONG WITH ANY ATTACHMENTS SUBMITTED WITH THE REQUEST AND (2) THE NOTICE OFTHE DECISION DENYING YOUR ACCOMMODATION REQUEST.

1. Date of Adverse Decision: ________

2. Date Appeal Filed: ________

3. State why you think the denial of your request for accommodation was wrongly decided:

_____

_____

_____

_____

_____

_____

4. Provide any new information, facts or documents that support your request for accommodation:

_____

_____

_____

_____

_____

_____

5. Signature ___________ Date ________