Alhambra Municipal Code Art. I Nuisances Enumerated

(A) Findings. The City Council finds and declares as follows:

(1) Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(2) California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.

(3) California Government Code Section 38772 et seq. further provides that legislative bodies of cities may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.

(4) Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

(B) Purpose and intent. The purpose and intent of this chapter are as follows:

(1) To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

(2) To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the City.

(3) To establish administrative procedures for the City’s use, upon its election, to correct or abate public nuisances on real property throughout the City.

(4) This chapter is not intended to be applied, construed or given effect in a manner that

imposes upon the City, or upon any officer or employee thereof, any duty towards persons or property within the City or outside of the City that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. 4667, passed 2-9-15)

As used in this chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms elsewhere in this code.

ABANDONED STRUCTURE. Real property, or any building or structure thereon, that is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of default, notice of trustee’s sale, and/or pending tax assessor’s lien sale, or that is vacant and has been the subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure. Factors that may also be considered in a determination of an ABANDONED STRUCTURE include, without limitation: present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; the age and degree of obsolescence of the structure; and the cost of rehabilitation or repair versus its market value.

ABANDONED PERSONAL PROPERTY. Any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. ABANDONED PERSONAL PROPERTY may include junk and vehicles.

ABATEMENT COSTS. All costs, fees, and expenses, incidental or otherwise, including attorney’s fees and costs, incurred by the City in investigating and abating a public nuisance.

ATTRACTIVE NUISANCE. Any building condition, device, equipment, instrument, item or machine that is unsafe and/or unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned structure that is open or accessible to the public; any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An ATTRACTIVE NUISANCE shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier, thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

BUILDING. Any structure designed, used, or maintained for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

CITY. The City of Alhambra.

CITY MANAGER. The City manager or his or her designee.

CITY PERSONNEL. Any City employee, representative, agent, contractor, or service provider designated by the City manager to abate a public nuisance.

CODE, CODES, and ALHAMBRA CITY MUNICIPAL CODE. The Alhambra Municipal Code and any code, law, or regulation incorporated therein by reference, including the Alhambra comprehensive zoning ordinance (Municipal Code Title 23), and any adopted and uncodified ordinances.

CODE ENFORCEMENT OFFICER and OFFICER. Any City employee with obligations to enforce the Alhambra Municipal Code. ENFORCEMENT OFFICERS shall include the personnel of the Public Works Department, Community Development Department, and Alhambra Police Department. The City Manager may designate additional employees of other City departments to act as officers for purposes of implementing the provisions of this chapter.

COMMERCIAL VEHICLE. Any vehicle of a type required to be registered under the state of California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, trailers, recreational vehicles, and vanpool vehicles are not COMMERCIAL VEHICLES.

COMPLIANCE PERIOD. The period of time and/or required schedule set forth in a notice of abatement and/or an order of abatement within which all nuisance abatement actions referenced in such notice of abatement and/or order of abatement must be completed.

CONTROLLED SUBSTANCES. Any substance that is declared by state or federal law to be a controlled substance.

FIRE HAZARD. Shall include, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the fire department or other emergency service personnel or the egress of the occupants in the event of fire.

FLAMMABLE LIQUID. A liquid that has a flash point below 100° Fahrenheit, which includes, but is not limited to all forms of alcohol, ethanol, butane and synthetic chemicals.

GRAFFITI. Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

HAZARDOUS MATERIALS. Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

HEARING OFFICER. The City employee or representative appointed by the City Manager, or a designee thereof including a contract agent of the City, to hear all timely appeals from a notice of abatement.

INCIDENTAL EXPENSES. Shall include, but shall not be limited to, the actual expenses and costs of the City, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder’s office or other governmental agency, and the costs of administration and legal services.

INOPERABLE VEHICLE. Means and includes, without limitation, any vehicle that is incapable of being lawfully driven on a street and/or highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a “planned nonoperational” status with the California Department of Motor Vehicles, and vehicles lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

JUNK. Means and includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. JUNK may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is JUNK include, without limitation, its:

(1) Condition of damage, deterioration, disrepair or nonuse.

(2) Approximate age and degree of obsolescence.

(3) Location.

(4) Present operability, functional utility and status of registration or licensing, where applicable.

(5) Cost of rehabilitation or repair versus its market value.

JUNKYARD. Real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a JUNKYARD is not a nuisance when it is an expressly permitted use in the applicable zone and it is in full compliance with all provisions of Municipal Code Title 23, and all other applicable provisions of the Alhambra Municipal Code, as well as all future amendments and additions thereto.

MAJOR VEHICLE REPAIR. Any maintenance, repair or replacement not listed in the definition of “minor vehicle repair” in this subsection, including, but not limited to, the removal of engines, rebuilding of engines, repair of internal components, repair or removal of differentials or axles, dismantling of vehicles, and/or body work.

MINOR VEHICLE REPAIR. Maintenance, repair or replacement of the alternator, generator, starter, water pump, battery, brakes or parts thereof; minor tune-up (which consists of distributor cap, rotor, and spark plug replacement); change of oil and filters, fan belts, or hoses; lamp replacement; flat tire repairs; and/or lubrication.

NOTICE OF ABATEMENT. A notice of public nuisance and intention to abate with City personnel, as described in Municipal Code § 6.26.070.

ORDER OF ABATEMENT. An order issued by a hearing officer following an appeal of a notice of abatement.

OWNER. Any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor’s office. OWNERS include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. An OWNER of personal property shall be any person who has legal title, charge, control, or possession of such property.

PERSON. Any individual, partnership of any kind, corporation, limited liability company, association, joint venture, renter, lessor, occupant or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. PERSON also includes any public entity or agency that acts as an owner in the City.

PERSONAL PROPERTY. Property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.

POLICE CHIEF. The highest-ranking officer of the police department or his/her designee.

POLICE DEPARTMENT. The Alhambra police department.

PUBLIC NUISANCE. Anything which is, or is likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Alhambra Municipal Code, are PUBLIC NUISANCES by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A PUBLIC NUISANCE shall also exist when a person fails to comply with any condition of a City approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Alhambra Municipal Code.

REAL PROPERTY or PREMISES. Any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. REAL PROPERTY or PREMISES includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or not owned by the City of Alhambra.

RESPONSIBLE PERSON. Any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of the Alhambra Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A RESPONSIBLE PERSON shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in, which a public nuisance or violation exists or existed. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.

STRUCTURE. That which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this chapter, this definition shall supersede any other definition of this term in the Alhambra Municipal Code.

VACANT. Real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or buildings or structures thereon, is VACANT include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is VACANT.

VEHICLE. Any device by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code and all future amendments thereto. VEHICLE does not include devices (1) that are propelled exclusively by human power such as bicycles and wheelchairs, or (2) those that are used exclusively upon stationary rails or tracks.

VIOLATION. A public nuisance as described in this chapter, or any condition, activity, or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in violation of any other provision, regulation, or requirement of this code, or any applicable county, state, or federal laws or regulations.

WEEDS. Shall include, but shall not be limited to, any of the following:

(1) Any plant, brush, growth, or other vegetation that bears seeds of a downy or wingy nature;

(2) Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard;

(3) Any plant, brush, growth, or other vegetation that is noxious or dangerous;

(4) Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public hearth; or

(5) Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard.

(Ord. 4667, passed 2-9-15)

The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it is a public nuisance and unlawful for any person owning, leasing, occupying, or having charge of any property or premises in the city to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following conditions on such property or premises:

(A) Any real property or premises in the city with one or more of the following conditions:

(1) Unsafe, substandard or dangerous structure, building or property.

(a) Any dangerous building, unsafe building, unsafe structure, substandard building, or substandard property as defined by the Uniform Housing Code, Los Angeles County Building Code, or Los Angeles County Residential Code, as adopted and amended by the Alhambra Municipal Code.

(b) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in California Health and Safety Code Section 17920.3, and any future amendments thereto.

(2) Maintenance of buildings, structures or property.

(a) Openings into vacant buildings or structures, such as doors, vents, windows, and other openings which are unreasonably secured against entry by trespassers.

(b) Broken windows, doors, vents or other openings constituting hazardous, unsightly conditions and/or inviting trespassers and malicious mischief.

(c) Failure to provide and maintain adequate weather protection to buildings or structures (including but not limited to, fences, walls, and retaining walls) in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, deteriorated, or severely damaged paint, stucco or other exterior covering or that otherwise results in or tends to result in the decay, deterioration, or dilapidation of the building or structure.

(d) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures) and/or any detached or freestanding structure (including, but not limited to, fences and walls) and/or interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls floors, basements, mezzanines, and common areas) that have become defective, cracked, broken, unsightly, or no longer viable; or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition creates a hazard to persons using said building, structure, or way; or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties; or where such condition otherwise violates, or is contrary to, the Alhambra Municipal Code, or other applicable law.

(e) Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.

(f) Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. One or more of the following factors may be used by the city to establish whether buildings or other structures, or portions thereof, have been partially constructed or destroyed for an unreasonable period of time:

1. The degree of partial construction or destruction and the cause therefor.

2. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a hazard to the health, safety, or welfare of the occupants or the general public.

3. The degree of visibility, if any, of this condition from public or adjoining private real property.

4. The scope and type of work that is needed to abate this nuisance.

5. The existence of any current and valid approvals, permits, or other entitlements for the partially constructed or destroyed building or structure.

6. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the necessary construction or demolition.

7. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while performing the necessary construction or demolition.

8. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

9. Whether or not a responsible person has made substantial progress, as determined by the city, in performing the necessary construction or demolition under a technical code permit that has expired, or is about to expire.

10. Whether delays in completing the necessary construction or demolition under a technical code permit have occurred, and the reasons for such delays.

(g) Any building, structure, or property that is damaged, hazardous, unsanitary, broken, warped, dry rotted, blighted, infested, unsightly, unmaintained, decayed, defective, deteriorated, unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease or likely to cause injury to the health, safety or general welfare of occupants or the general public.

(h) Any building, structure, or use of real property that violates or fails to comply with:

1. Any applicable approval, permit, license, or entitlement or condition relating to the building, structure, or use of real property;

2. Any ordinance of the city, including, but not limited to, any provision of this code; or

3. Any applicable county, state, or federal law or regulation.

(i) Closed, vacant, abandoned, or inoperable automobile service stations, which shall include, but not be limited to the following: buildings, pumps, pump islands, above-ground or underground storage tanks, storage vessels, mechanical equipment, wells, cesspools, septic tanks, foundations, paving, or any other materials originally placed on the property in connection with the automobile service station.

(j) An accumulation of dirt, litter, trash or debris in driveways, parking lots, vestibules, porches, patios, doorways or the adjoining sidewalks or walkway of a building.

(k) The presence of graffiti or other defacement of real or personal property on a building, structure or vehicle, or portion thereof, or the presence of graffiti on a building, structure, or vehicle that has been painted over with a color that does not match the exterior of the remaining portion of the building or structure, in such instances where the paint, graffiti, or defacement is visible from a public right-of-way or from private real property.

(l) Unsanitary, polluted or unhealthful pools, ponds, standing water, or excavations containing water that constitute an attractive nuisance or that are otherwise likely to attract or harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

(m) Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

(n) Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar non durable material) or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade, except as otherwise approved pursuant to a current and valid city approval or permit.

(o) Maintenance of signs, or sign structures, on real property more than 45 days after uses are no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Alhambra Municipal Code, including the Alhambra Zoning Code.

(p) The use, parking, or storing of any recreational vehicle as temporary or permanent living space, unless otherwise authorized in accordance with § 11.34.10 or other applicable provisions of this Code;

(q) Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed pursuant to § 11.28.132;

(r) Construction activity and/or the construction sites that are not conducted or maintained in accordance with accepted and approved best management practices, as determined by the Directors of Building and Safety, Engineering, and/or Public Works Divisions.

(3) Maintenance of landscaping.

(a) Overgrown vegetation, including, but not limited to, any one of the following:

1. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects; or

2. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

a. Lawns with grass in excess of six inches in height; or

b. Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.

(b) Vegetation that creates, or tends to create, the existence of a fire hazard.

(c) Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

(d) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:

• 1. An attractive nuisance;
• 2. A fire hazard;
• 3. The creation or promotion of dust or soil erosion;
• 4. A diminution in property values; or
• 5. A detriment to public health, safety or welfare.

(e) Lack of landscaping or other approved ground cover in any yard area as otherwise required by the Alhambra Zoning Code or other provisions of the City Municipal Code, as well as design guidelines or specific plans adopted by the City Council, or so as to otherwise cause or promote the existence of excessive dust or to allow the accumulation of debris. Visible front and side yards shall be mowed, landscaped and otherwise maintained to the satisfaction of the Community Development Director or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock, bark, and sod shall be approved by the Director. Weeds, dirt, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping or ground cover unless approved by the Director. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.

(4) Inoperative vehicles. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof in yard areas and/or driveways visible from the public right-of-way or any adjoining properties, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

(5) Motor vehicle repair restrictions.

(a) Minor motor vehicle repair in any residential zone that meets any one of the following conditions:

1. Outside a fully enclosed structure, except that minor vehicle repair may be performed outside a fully enclosed structure where elapsed time between the beginning and the end of the repair do not exceed 24 hours; or

2. For any commercial and/or nonprofit purpose; or

3. On any vehicle which is not registered to the property and/or the owner of such vehicle is not the property owner, occupant, lessor or renter of the property.

(b) Major motor vehicle repair in any residential zone that meets any one of the following conditions:

1. Outside or inside a fully enclosed structure; or

2. For any commercial and/or nonprofit purpose; or

3. On any vehicle which is not registered to the property and/or the owner of such vehicle is not the property owner, occupant, lessor or renter of the property; or

4. Painting the body of any vehicle is not permitted in any residential zone.

(6) Refuse, waste and illegal storage.

(a) Items of junk, trash, debris, waste, or other personal property that are kept, placed, maintained, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Alhambra Municipal Code; or items of junk, trash, debris, waste, or other personal property that are visible from public or private property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Alhambra Zoning Code (including all approvals and permits required thereby), and all other applicable provisions of the Alhambra Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

(b) Maintaining, storing, or keeping storage bins, dumpsters or storage containers in public view or visible from adjoining properties except as permitted by the city.

(c) The hanging, drying, or airing of clothing or household fabrics on balconies, fences, trees, or shrubberies, or the existence of clotheslines that are visible to the public from right-of-ways or adjoining properties.

(d) Any device, decoration, design, fence, structure or vegetation which is unsightly by reason of its condition or its inappropriate location.

(e) Unmaintained, unsightly, deteriorated and/or dilapidated trash enclosures and loading areas.

(7) Improper maintenance of premises. Any condition, use, or activity that constitutes a public nuisance as defined by Civil Code §§ 3479 or 3480, and any future amendments thereto.

(8) Attractive nuisance. Any form of an attractive nuisance.

(9) Trash cans in public view. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that the containers are visible from public streets, except when located in places of collection at times permitted and in full compliance with this Code.

(10) Unsanitary condition of private property. Any chicken coop, yard, cow house, stable, cellar, drain, vault, pool, sewer or sink that is in a foul, offensive, noxious or filthy condition; or any animal carcass left upon any lot, premises or place owned, controlled or occupied by him or her, for a period of more than 24 hours.

(11) Unharmonious property. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

(12) Maintenance of adverse topography. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation, or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

(13) Hazardous substances. The storage, discharge, holding, handling, maintaining, or use of hazardous substances, as defined by applicable federal, state or local laws or regulations:

(a) In violation of federal, state, county or local laws or regulations;

(b) In such a manner to affect in any way air or water quality, and/or

(c) In such a manner as to create an identifiable risk of accidental release of the substances which release might adversely affect the health or safety of persons, damage property or adversely affect air or water quality.

(14) Flammable materials or liquids. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials or liquids including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, papers, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:

(a) Render premises unsanitary or substandard as defined by the Uniform Housing Code, the state housing law, the Alhambra Building Code, or other applicable local, state, or federal law, rule, or regulation;

(b) Violate the Alhambra Health Code, Los Angeles County Public Health Code, or other any other health code adopted by and/or applicable in the City of Alhambra;

(c) Cause, create, or tend to contribute to, a fire or safety hazard;

(d) Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;

(e) Cause, create, or tend to contribute to, an offensive odor; or

(f) Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Alhambra Zoning Code, and all other applicable provisions of the Alhambra Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

(B) Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, or the provisions of the Alhambra Municipal Code, including, but not limited to, the following acts and/or land uses:

(1) Unlawful possession, use, and/or sale of controlled substances; and/or

(2) Prostitution; or

(3) Unlawful gambling; and/or

(4) Solicitation for any unlawful conduct.

(C) Any real property, or any building or structure thereon, that is used by any person to cause, allow, contribute to, permit, or suffer any of the following acts including, but not limited to:

(1) Disturbances of the peace;

(2) Excessive and/or loud noise disturbances;

(3) Consumption of alcohol in public and/or public intoxication;

(4) Urination in public;

(5) Excessive littering;

(6) Lewd and/or lascivious conduct;

(7) Excessive responses by the police department or other law enforcement personnel; and/or

(8) Unpermitted or unlicensed massage therapist or massage establishment.

(Ord. 4667, passed 2-9-15; Am. Ord. 4735, passed 5-14-18)

(A) Notwithstanding any other provision of the Alhambra Municipal Code to the contrary, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor offense punishable in accordance with Municipal Code § 1.12.010. The City Attorney/ City Prosecutor may at his or her discretion reduce a misdemeanor offense to an infraction pursuant to § 1.12.011. A criminal prosecution and/or civil litigation may be initiated without the commencement of the “nuisance abatement” procedures outlined in Article II of this chapter.

(B) Any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, shall alternatively be subject to an administrative penalty/ fine imposed in accordance with the provisions of Alhambra Municipal Code Chapter 1.13.

(C) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. 4667, passed 2-9-15)