Logo courtesy of the City of Live Oak

LIVE OAK, CA (MPG) - At the Aug. 19 meeting, the Live Oak City Council held a public hearing to consider repealing two chapters of the municipal code regarding nuisance abatement and the neighborhood and community preservation program, to be replaced by one comprehensive chapter.

Community and Economic Development Director Jaspreet Kaur said nuisance policies were listed in both chapters in the current code, which can cause confusion since there were some discrepancies between the listed policies.

The proposed code updates meet council priorities to reduce blight and promote increased property maintenance, which will improve community pride and quality of life for residents.

Kaur said it’s difficult to tell property owners what to fix if the code doesn’t have clear definitions, and the goal is to encourage voluntary compliance through notices and education. Updates include specific nuisance definitions, as well as clarifications on violations, fees, notices and the appeal process.

Enforcement tools include administrative citations, special assessments, property liens and the authority to clean and then bill owners in the case of hazardous buildings that need to be addressed.

The recommendation also included updates to the master fee schedule, with fines listed at $100 for the first violation, $200 for the second, $500 for the third and any subsequent violation.

Councilmember Nancy Santana said she would like to see a document showing the old codes compared with the proposed changes. Kaur said much of the information carries over, and this update cleans it up and consolidates it into one chapter for improved clarity.

Santana also expressed concern about the section regarding the right of entry for code enforcement officers to inspect and correct violations. She said she wants less government control of property owners, not an increase. City Manager Ben Moody said the right of entry uses the standard legal language for serious cases of emergency or hazardous situations.

Mayor Jeramy Chapdelaine said the proposed updates are aligned with state requirements for health and safety codes and typical right of entry. He asked for clarification about whether the fines are per violation or compounded per day. Moody explained that after each notice and fine, owners have time to correct the violation. If not corrected, it moves to the next fine level, with another chance for correction. Only after the final violation level is reached and ignored will the city begin to impose daily fines.

Councilmember Bob Woten said he thinks it will be good for the community to focus on making these improvements to properties in the city.

Councilmember Ashley Hernandez appreciated the work that went into getting these codes clarified and consolidated.

During public comments, a resident said the policy regarding garbage bins was too restrictive since it specified that the bins can only be out on the curb for 12 hours before and 12 hours after trash pickup, and rules about keeping the bins out of public view outside of the collection window were not feasible for every property.

Santana agreed that the trash container requirements should be adjusted, again citing an overreach of government control over property owners.

Moody said the language was selected based on regional policies, but the council can choose what works best for the Live Oak community as long as it conforms with the law. Code enforcement violations are complaint-based, and Moody suggested it would be highly unlikely that a trash bin on the curb is going to go through the administrative fine process. Even if a complaint were submitted, the owner would have 10 days to move the bin off the curb before any fine would be imposed.

The council consensus was to make a slight change so that bins can be within public view but must be at least 15 feet back from the curb except during the collection window. Most councilmembers felt that because the curb is part of the public right of way, leaving bins there for too long would interfere with street sweeping and make parking on the street more difficult for residents.

Chapdelaine said most of the changes are not to the actual violations themselves, but on the administrative side to enable efficient enforcement. He said discrepancies between the two chapters meant that the policy had no teeth to actually solve the issues, and this update will address that.

The council voted 3-1 to approve the code updates, with Santana dissenting and Vice Mayor Aaron Pamma absent.

The next Live Oak City Council meeting is scheduled for Sept. 2.