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HomeMy WebLinkAbout01 ORDINANCE 1181 07-07-97 NO. 1 7-7-97 Inter-Com DATE: JULY 7, 1997 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ORDINANCE NO. 1181 - AN AMENDMENT TO ARTICLE 5 OF THE TUSTIN CITY CODE, PUBLIC SAFETY ADDING PROVISIONS REQUIRING THE PAINTING OF EXTERIOR MATERIALS USED TO SECURE OPENINGS WITHIN BUILDINGS RECOMMENDATION That the City Council: · Conduct a public hearing; and IntrOduce Ordinance No. 1181 and set for second reading at the Council's July 21, 1997 meeting. FISCAL IMPACT There are no fiscal impacts associated with this project. Enforcement of this amendment will be handled by Community Development Department Code Enforcement staff. ENVIRONMENTAL ASSESSMENT The California Environmental Quahty Act (CEQA) apphes to projects that have the potential to cause a significant effect on the environment. As per Section 15061, it can be seen with reasonable certainty that the amendment will not result in any actions that cause a significant effect on the environment. Furthermore, enforcement actions that may be necessitated by this amendment will be Categorically Exempt (Class 21) pursuant to the provisions of Section 15321 CEQA. BACKGROUND AND DISCUSSION Concerns have been expressed by the Tustin Pride' Committee and the Planning Commission that vacant buildings at several locations in the City appear blighted 'due to large plywood panels that have been used to cover doors and windows. The plywood panels are generally not painted and detract from the appearance of the surrounding neighborhood. In some cases these City Council Report Code Amendment to Article 5 of the TCC July 7, 1997 Page 2 appurtenances have remained in place for several months, and in at least one case, for a few years. There are no provisions in the City's zoning, building code or property maintenance ordinance that require or regulate the boarding of vacant buildingS. Regulations for securing devices can appropriately be addressed and enforced in the property maintenance section of the Tustin City Code. At the May 27, 1997 meeting, the Planning Commission reviewed the draft amendment and suggested language changes to proposed Ordinance No. 1181 to include the painting of any temporary building opening coverings. The ordinance would apply to vacant and occupied buildings that have exposed openings ( i.e. ATM machines which have been removed and not covered over). The Planning Commission also requested confrrmation whether the amendment could be applied retroactively to several buildings in the City that have been boarded for some time. The City Attorney has reviewed the proposed code amendment and has indicated that since the amendment concerns property nuisance conditions and not zoning or building standards, it could be applied retroactively to existing structures. The proposed amendment would require that all such temporary securing devices including, but not limited to, plywood panels be painted to match one of the existing colors of the building so as to blend with the existing structure. This will eliminate the visual blight of a boarded building and remove nuisance conditions which may encourage graffiti or other acts of vandalism. In addition to the'existing requirement that property owners maintain the appearance of their properties, the proposed amendment will allow the City to require property owners to maintain the securing materials and their appearances. A copy of the current Property Maihtenance Ordinance is attached for the City Council's informatior~ The proposed amendment would add subsection (n) to the Property Maintenance and Nuisance Abatement Regulations and Standards, Chapter 5 of Article 5, Pubhc Safety to read as follows: "(n) Any temporary materials and securing devices including, but not limited to, plywood used to cover building openings, that are not painted to match one of the existing colors of the building on all elevations which are visibl_e, from thepublic right-of-way." ~;~-~- N ..... Ehzabeth A. Binsack Cod~ EnforcementTYfficer Director of Community Development Attachments: Ordinance No. 1181 Code Section 5502 Property Maintenance NuiSances · fi\ccreports\plyw 0od.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, PUBLIC SAFETY, CHAPTER 5, PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS AND STANDARDS,. SECTION 5502 OF THE TUSTIN CITY CODE The City Council of the City of Tustin ordains as follows: Section The City Council finds as follows: no The Tustin Planning commission at their May 26, 1997 meeting considered the property maintenance implication of unpainted materials covering building openings and recommended that the City Council adopt an Ordinance to require the painting of such materials. B o Vacant buildings which have been boarded-up Contribute to visual blight. C. Boarded buildings which appear abandoned encourage graffiti and other acts of vandalism. Section 2. Article 5, Chapter 5, Section 5502, Property Maintenance Nuisances, of the Tustin City Code is hereby amended by adding Subsection (n). to read as follows: "(n) . Any temporary materials and securing devices including, but not limited to, plywood used to cover building openings, that are not painted to match one of the existing colors of the building on all elevations which are visible from the public right-of-way.,. Section 3. Severability Ail of the provisions of the ordinance shall be construed .and applied together in order to accomplish the purpose of these regUlations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or 'unconstitutionally shall apply only to the particular facts, determinations and part of this Ordinance, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 10 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1181 Page 2 Section 4. Passed and adopted by the City Council of the City of Tustin at their regular meeting held on the day of ~, 1997. JEFFERY THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1181 PAMELA STOKER, City clerk and ex-officio of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1181 was duly and regularly introduced at a regular meeting of the City Council held on the day of , 1997 and passed and adopted at a regular meeting of the City Council held on the day of ~, 1997, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk f: \ ccreports\plywood, ord TUSTIiW CITY CODE PROPER~"~' M~do~TEIWA3qCE. ETC. 5501 "Wrecked" means that which has an outward manifestation or appem-ance of damage to parts and contents which is essentiM to operation. (Ord. No. 1080, Sec. 2, 11-18-91) 5502 PROPERTY NLAI.NTENANCE NIJqSA2qCES It is hereby declared to be a public nuisance for any property owner or other'person in . control of said property to keep or maintain said property, including adjacent parkways, sidewalks or streets under fee .ownership .by said person, in such manner that any of the following conditions ~re found to exist: (a) Any abandoned, dismantled, wrecked, inoperable, discarded object~ or equipment such aa, but not limited to automobiles, trucks, trailers, boats, appliances, water heaters, 'refrigerators, furniture, flxtures, miscellaneous machinery and equipments, cans or containers standing or st~red on proper~y or on adjacent parkway sidewalks or streets which can be viewed from a public highway, walkway, or from private or public prope:~.', or which items are readily accessible from sud}~ places, or which are stored on private property, in violation of a_ny other law or ordinance; Co) (c) Any condition which exists upo.n any premises that is dangerous to human li£e or is detrknental to heMth as determined by an appropriate city official; · .Any. alteration of land, the topography or co~figur.ation of which in any man-made stat~, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence or surface water drainage problems of such magnitude aa' to be injurious to public health, safety and welfare of any real property; (d) D.isposal o7 presence of oil, grease, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid waate in such a manner [as] to consist [constitute] z health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighbo~ng properties; (e) Lumber (excluding stacked ir~rewood not visible from a public street, alley or adjoining property for use on the property, or lumber for a construction project on the property ~ith a valid pe.,-m_it), junk~ trash, salvage materials (including but not limited to auto · parts, scrap metals, tires, tin cans and bottles), or packing boxes or other debris stored on premises in excess of seventy-two (72) hou_~; (fl An)' oerformance of work on motor Q, ehicles, vehicle engines or parts, or household £~x-tures, on a public right-of-way or performance of such work in.yard areas of resi- dentiaI prope~ies so .as to be Visible from a public right-oDway or neighboring prop- erties other than emergency repairs or minor maintenance being performed by the owner o£ the vehicle or fix~cure; · (g) Any swimming pool, pond, spa or other body 'of water or excavation which is aban- doned, unat~.ended, or unfiltered; REV: i.92 PS-5-5 TUSTiN C]'T¥ CODE PROPERTY MAINTENA.NCE, ETC. 55021h) ih) Trailers not Within established mobilehome parks, dumpsters or similar vehicles ur equipment used £or sleeping purposes; (i) Accumulations of asphalt, concrete, plaster, tile, rocks, bricks, building materials and fill dirt resulting from ex'ovations on or off the property; (j) Use o£ a parked or stored Vehicle, boat, camper shell, trailer or other similar item ns temporary or permanen~ H~dng space; .. ~) Any vehicle, boat, cam,~r shell or other similar item parked or stored on an unpaved surface or which blocks access to a required parking space; (1) Presence of graffiti, float i~, City unauthorized inscribing, spraying of paint, or making o£ ~'mbols using paint, Spray paint, ink, chalk, dye, or similar materials on public or private struc-tm-~, buildings, or places. · . . (m) ProPerty failing to meet minimum levels o£ maintenance and care as set forth as follows: (1) Landscaping. All landscaping shall Be maintained in a healthy condition free of dead, de,yeti, ovargrown or discarded plant mater~al; · (2) Lan~c~Pe irr~n~ion. ~Pe irrigation pipes and ~Prinkler he, ds shall-be maintained in g~d working order so as to cover ail la~uds~aped areas; (3) Walls, fence~ '~-ud other ~ruc~res. Ail walls, fences and trash enclosures nnd other struct~es shall Be maintained free of significan~ surface cracks, dry-rot, warping, missing p~nels or blocks wkich either (i) threaten structural integrity, or (ii) result in a ~gapidated, decaying, disfigured, partially ruined, appearance; (4) ParkSng and related surfaces. Parking surfaces and pedestrian walkw~.ays shall he maintained in ~ safe ~ondi~ion such that ~_uy concrete, asphalt or other dri~dng or walk_lng surfaces are free of potholes, bucl~ed or cracked surfaces or raised areas; ($) Building elev~tior~ and roofs. Ex-~erior building surfaces and roofs shall be main. · t~ined free of signi~canl surface cracks, missing materials, warping, dLyrot or bloc -1~, which either (9 threaten sr-~uctural integrity, or (i~) result ~n a dilapidated~' decaying, disfigured, partially ruined, appearance. (6) Trash and debris. The proPerty shall be maintained free of the accumulation of · trash and debris. Trash and debris associated wit5 permitted uses are t~ be stored solely in designated l-rnsh enclosures. · · A~y viola~on of subsection 5502(m)(5) is hereby declared to he a misdemeanor. (Ord." No. 1080, Sec. 2, 11-18-91)' 5503 PUBLIC NUIS.4_NCE a Authority to Abate and Impose Sanctions F. nrorceme~t of this chapter may be accomplished by the enforcement officer in any manner · authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not REV: 1-92 PS-5-6'