{"t": "Ord. No. 2023-05. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AMENDING AMERICAN CANYON MUNICIPAL CODE CHAPTER 9.04 \"NEIGHBORHOOD PRESERVATION\" TO PROHIBIT SMOKING IN ANY UNIT OF A MULTI-UNIT RESIDENCE AND ANY COMMON AREA OF A MULTI-UNIT RESIDENCE IN THE CITY OF AMERICAN CANYON.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5", "et": "document", "sc": "Ord. No. 2023-05", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05", "sd": true, "c": [{"t": "1", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#1", "et": "section", "sc": "Section 1", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|1", "x": "That smoking in all its forms in multiunit living environments is a nuisanc"}, {"t": "2", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#2", "et": "section", "sc": "Section 2", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|2", "x": "The purpose of this ordinance is to: (1) protect the public health and welf"}, {"t": "3", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3", "et": "section", "sc": "Section 3", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|3", "c": [{"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Any property, building or other improvements found to be maintained in viol"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Any property, building, or other improvement found to be maintained in such"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "This chapter does not exclusively regulate the conditions and use of proper"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "The procedures for abatement set forth in this chapter are not exclusive an"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "c": [{"t": "1.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.1.", "et": "para", "sc": "Section 3A.1.", "c": [{"t": "a.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.1.a.", "et": "para", "sc": "Section 3A.1.a.", "x": "Constitute a fire hazard or a condition considered dangerous to the public "}, {"t": "b.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.1.b.", "et": "para", "sc": "Section 3A.1.b.", "x": "Are likely to harbor rats, vermin or other pests. This provision identifies"}], "x": "Overgrown, diseased, dead or decayed trees, weeds or other vegetation which"}, {"t": "2.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.2.", "et": "para", "sc": "Section 3A.2.", "x": "Accumulations of debris, rubbish and trash in the front or side yard areas "}, {"t": "3.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.", "et": "para", "sc": "Section 3A.3.", "c": [{"t": "a.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.a.", "et": "para", "sc": "Section 3A.3.a.", "x": "Abandoned, inoperative, wrecked or dismantled motor vehicles of any kind, a"}, {"t": "b.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.b.", "et": "para", "sc": "Section 3A.3.b.", "x": "Broken or discarded household furnishings and fixtures, appliances, boxes a"}, {"t": "c.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.c.", "et": "para", "sc": "Section 3A.3.c.", "x": "Discarded, wrecked or inoperable machinery and tools,"}, {"t": "d.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.d.", "et": "para", "sc": "Section 3A.3.d.", "x": "Salvage materials, scrap metal or building and construction materials, incl"}], "x": "Storage, as to be visible at ground level from a public street or adjoining"}, {"t": "4.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.4.", "et": "para", "sc": "Section 3A.4.", "x": "Garbage or trash cans which cause offensive odors to neighbors or container"}, {"t": "5.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.", "et": "para", "sc": "Section 3A.5.", "c": [{"t": "a.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.a.", "et": "para", "sc": "Section 3A.5.a.", "x": "Unused and/or broken equipment such as ice boxes and refrigerators,"}, {"t": "b.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.b.", "et": "para", "sc": "Section 3A.5.b.", "x": "Abandoned wells, shafts or basements,"}, {"t": "c.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.c.", "et": "para", "sc": "Section 3A.5.c.", "x": "Hazardous or unprotected pools, pits, ponds or excavations,"}, {"t": "d.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.d.", "et": "para", "sc": "Section 3A.5.d.", "x": "Machinery which is inadequately secured or protected,"}, {"t": "e.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.e.", "et": "para", "sc": "Section 3A.5.e.", "x": "Accumulations of lumber, refuse and waste matter, or discarded materials, i"}], "x": "Conditions which, due to their accessibility to the public, may prove hazar"}, {"t": "6.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.6.", "et": "para", "sc": "Section 3A.6.", "x": "Parking or storing construction equipment or machinery except during excava"}, {"t": "7.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.7.", "et": "para", "sc": "Section 3A.7.", "x": "Parking of any motor vehicle, including a recreational vehicle, trailer, ca"}, {"t": "8.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.8.", "et": "para", "sc": "Section 3A.8.", "x": "Parking of any motor vehicle, including a recreational vehicle, trailer, ca"}, {"t": "9.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.9.", "et": "para", "sc": "Section 3A.9.", "c": [{"t": "i.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.9.i.", "et": "para", "sc": "Section 3A.9.i.", "x": "\"Smoke\" or \"smoking\" \"Smoking\" means inhaling, exhaling, burning, or carryi"}, {"t": "ii.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.9.ii.", "et": "para", "sc": "Section 3A.9.ii.", "x": "\"Common area of multi-unit residence\" means any enclosed area or unenclosed"}, {"t": "iii.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.9.iii.", "et": "para", "sc": "Section 3A.9.iii.", "x": "\"Dwelling Unit\" means one or more rooms designed for residential use by a s"}, {"t": "iv.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.9.iv.", "et": "para", "sc": "Section 3A.9.iv.", "x": "\"Multiunit Residence\" means a building or portion thereof designed or used "}], "x": "Smoking in any dwelling unit of a multi-unit residence and any common area "}], "x": "Property Conditions."}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "c": [{"t": "1.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.1.", "et": "para", "sc": "Section 3B.1.", "x": "Are structurally unsafe, either entirely or in part;"}, {"t": "2.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.2.", "et": "para", "sc": "Section 3B.2.", "x": "Constitute a fire hazard;"}, {"t": "3.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.3.", "et": "para", "sc": "Section 3B.3.", "x": "Have a faulty weather protection, including but not limited to crumbling, c"}, {"t": "4.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.4.", "et": "para", "sc": "Section 3B.4.", "x": "Have dry rot or warped materials, or are infested with termites;"}, {"t": "5.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.5.", "et": "para", "sc": "Section 3B.5.", "x": "Are abandoned, partially destroyed or left unreasonably in a state of parti"}, {"t": "6.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.6.", "et": "para", "sc": "Section 3B.6.", "x": "Are unoccupied and have been left unlocked or otherwise open or unsecured f"}, {"t": "7.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.7.", "et": "para", "sc": "Section 3B.7.", "x": "Have exterior walls, fences, driveways or sidewalks which are in hazardous "}], "x": "Structural Conditions. Structures or buildings, both permanent and temporar"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Authorized Representatives. The city manager and the community development "}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Inspection of Premises. Whenever there is a reasonable cause to believe tha"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "c": [{"t": "1.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.1.", "et": "para", "sc": "Section 3A.1.", "x": "Describe the property sufficient to identify the location of the public nui"}, {"t": "2.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.2.", "et": "para", "sc": "Section 3A.2.", "x": "Identify the nuisance and reference the section(s) of this code that have b"}, {"t": "3.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.3.", "et": "para", "sc": "Section 3A.3.", "x": "Direct abatement of the nuisance by a specified date;"}, {"t": "4.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.4.", "et": "para", "sc": "Section 3A.4.", "x": "State the available methods of abatement;"}, {"t": "5.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.5.", "et": "para", "sc": "Section 3A.5.", "x": "Contain a statement of the hearing rights of the owner or occupant of the p"}, {"t": "6.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.6.", "et": "para", "sc": "Section 3A.6.", "x": "Indicate that if no request for hearing is made or that if after a hearing "}], "x": "Contents of Notice. Whenever the city manager or the community development "}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Service of Notice. A notice to abate shall be mailed, by registered or cert"}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "Property Owner Definition. The term \"property owner\" or \"owner\" as used in "}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Following the public hearing, the city council shall consider all evidence "}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "A copy of the statement of findings and order shall be served on the proper"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Failure to Abate. If a declared nuisance is not completely abated by the ow"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Abatement of Motor Vehicles. Abatement of any motor vehicle registered or s"}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "Cost of Abatement Constitute Civil Debt. Upon the abatement of the public n"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "The city manager or designee shall keep an account of the costs, including "}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "At the time fixed for hearing, the city council shall consider the correctn"}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "The term \"incidental expenses\" means and includes, but is not limited to, t"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "The total cost for abating such nuisance, as confirmed, by the city council"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "After such confirmation and recordation, a certified copy of the city counc"}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "In the alternative, after such recordation, such lien may be foreclosed by "}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Prior to the recordation of any nuisance abatement lien, the city shall pro"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "The notice shall be served in the same manner as a summons in a civil actio"}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "The notice of nuisance abatement lien shall specify the amount of the lien,"}, {"t": "D.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3D.", "et": "para", "sc": "Section 3D.", "x": "After recordation of the nuisance abatement lien, the city may foreclose th"}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "Nothing in this chapter shall be deemed to prevent the city council or the "}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Pursuant to Government Code Section 38773.7, upon the entry of a second or "}, {"t": "A.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3A.", "et": "para", "sc": "Section 3A.", "x": "The owner or other person having charge or control of any property, buildin"}, {"t": "B.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3B.", "et": "para", "sc": "Section 3B.", "x": "Any occupant or person in possession of any such building or structure who "}, {"t": "C.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3C.", "et": "para", "sc": "Section 3C.", "x": "Any person who obstructs, impedes or interferes with any authorized represe"}, {"t": "D.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3D.", "et": "para", "sc": "Section 3D.", "x": "Section 1.24.010 provides that each day of violation constitutes a separate"}, {"t": "E.", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#3E.", "et": "para", "sc": "Section 3E.", "x": "Section 9.12.030 provides the penalty for any violation of any provision of"}], "x": "Amend American Canyon Municipal Code Chapter 9.04 \"Neighborhood Preservatio"}, {"t": "4", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#4", "et": "section", "sc": "Section 4", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|4", "x": "CEQA FINDINGS. The City Council finds the municipal code amendment is not s"}, {"t": "5", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#5", "et": "section", "sc": "Section 5", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|5", "x": "Effective Date.  This ordinance shall become effective effect 30 days after"}, {"t": "6", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#6", "et": "section", "sc": "Section 6", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|6", "x": "Severability.  If any section, sentence, clause or phrase of this Ordinance"}, {"t": "7", "p": "/us/ca/cities/american-canyon/ordinances/2023/5#7", "et": "section", "sc": "Section 7", "sp": "library|us/ca/cities/american-canyon/ordinances|2023|City of American Canyon, Cal., Ord. No. 2023-05|7", "x": "Custodian of Records. The documents and materials that constitute the recor"}]}