Banning Municipal Code Art. I Nuisance

For purposes of this chapter, words and phrases designated herein shall have the following meanings:

"Building official" means the building official of the city, and, for all provisions of this chapter except Section 8.48.480, his authorized agents, assistants, deputies or representatives.

"Chief" means the chief of the fire department of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.

"City" means the City of Banning, California.

"City council" means the city council of the city.

"City manager" means the city manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.

"Code enforcement manager" means the code enforcement manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.

"Health officer" means the official of the city or the county of Riverside responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to the public health, sanitation, food handling and environmental health including his or her authorized agents, assistants, deputies or representatives.

"Hearing officer" means the abatement hearing officer created by this chapter.

"Official" means any officer or official authorized to take action with respect to the abatement of a nuisance on behalf of the city, including the building official, chief, city manager, health officer, code enforcement manager and their designees.

"Public nuisance" means an act or condition, as specifically set forth herein or otherwise, which poses a danger to the health, welfare or safety of the community or neighborhood, or is indecent or 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 a customary manner of any public park, street, stream or highway. A "public nuisance" affects at the same time the entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(Code 1965, § 11C-1.)

A. The provisions of this section are applicable to all property throughout the city, wherein any conditions, uses or activities hereinafter specified are found to exist. This section shall not be applicable to any condition which would constitute a violation of this chapter but which is duly authorized under the Municipal Code or any applicable state or federal law.

B. The list of activities, uses of property and conditions of property declared to be a public nuisance pursuant to this section is not intended to be exclusive. The city council expressly reserves to itself the right to declare other and additional activities, uses of property, and conditions of property to be nuisances subject to abatement pursuant to this title or by any other means authorized by law.

C. Every owner, tenant, occupant, agent, person having charge or possession of any premises or property, lessee or holder of any possessory interest of real property within the city is required to maintain such property as not to violate the provisions of this section. The owner of the property shall remain liable for violations hereof, regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by the former owner, is liable therefor in the same manner as the one who first created it.

(Code 1965, § 11C-2.)

The owner, lessee, occupant, tenant or other person having charge or control over any premises, property, land or structure constituting a public nuisance as defined in this Code, shall be guilty of a misdemeanor, conviction of which shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. However, the city attorney or city prosecutor is authorized to file or charge any such violation as either a misdemeanor or infraction or reduce any charge filed as a misdemeanor to an infraction. Every day of such violation shall constitute a separate offense.

(Ord. No. 1381, § 11.)

"Refuse and waste matter" is defined for the purpose of this chapter as unused or discarded matter or material, and which consists of such matter and material as rubbish, refuse, debris, and matter of any kind, including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels. Refuse and waste matter as defined, which by reason of its location and character is unsightly, or poses a threat of fire or vermin infestation and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises is declared a public nuisance.

(Code 1965, § 11C-3.)

All weeds, grasses, trees, rubbish, or any material growing upon private property within the city which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which when dry, will in reasonable probability constitute a fire hazard are declared a public nuisance.

(Code 1965, § 11C-4.)

Any animals, fowl, or birds which, with concurrence of the city's animal control officer are kept or permitted to be kept in foul, offensive, obnoxious, filthy or unsightly conditions on any premises are declared a public nuisance.

(Code 1965, § 11C-5.)

It is declared a nuisance to permit any part of the contents of any privy vault, cesspool, septic tank, water closet, urinal, pipe, sewer line, or any sewage, slop water or any other filthy water, matter or substance, to flow or discharge upon the ground or upon the surface of any lot or premises, or in any public street or other public place.

(Code 1965, § 11C-6.)

All buildings, structures, or appendages, both permanent and temporary, maintained in violation of the uniform building codes adopted by the city, or subject to any of the following conditions are declared a public nuisance:

A. Buildings or structures, or parts thereof, not completed within a reasonable time as per the determination of the city's building official and for which the permit for such construction has expired;

B. Unoccupied buildings which are open to or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or by use of materials not approved by the city. Such methods and materials shall be as set forth in the policies of the code enforcement department;

C. Fences or walls in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks;

D. Broken windows constituting hazardous conditions or inviting trespassers;

E. Any violation listed in the State Housing Law at Section 17920.3 of the California Health and Safety Code, or any amendment thereto.

(Code 1965, § 11C-7.)

Any buildings, sign or other structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of the city's zoning ordinance, as amended, and any use of land, building, or premises established, conducted or operated or maintained contrary to the provisions of the city's zoning ordinance, as amended, is declared a public nuisance.

(Code 1965, § 11C-8.)

A. Parking, setting down, or placing of any item(s), upon or within the limits of a parcel of land, that is vacant or upon which are present only vacant structure(s), by any person other than the owner of such parcel, under such circumstances as to present an offer of the item(s) for sale, when the offer of sale of the item(s) is to open to observation by persons who are within the public right-of-way, and when such offer of sale is contrary to the provisions of this Code including the city's Zoning Code, is declared a nuisance.

B. The owner or person in possession and control of such item(s) constituting a nuisance under this section who fails to comply with any written or other order to abate any such public nuisance shall, on the first such violation be guilty of an infraction and shall be subject to a fine not to exceed one hundred dollars; a fine not to exceed two hundred dollars shall be imposed upon conviction for a second violation of the same offense within one year shall constitute a misdemeanor punishable by a fine not to exceed one thousand dollars, six months in jail or both such fine and imprisonment. Every day of such violation shall constitute a separate offense.

C. For purposes of this section, "item" shall include, but is not limited to, any automobile, automotive part or accessory, trailer, any and all food items, decorative plant, toy, furniture, equipment, housewares, textile, clothing, jewelry, firewood, or art.

(Code 1965, § 11C-8.1.)

Graffiti which is visible from adjacent properties or from a public street or right-of-way is declared a public nuisance.

(Code 1965, § 11C-9.)

"Polluted water" is defined for the purpose of this chapter as water contained in a swimming pool, pond or other body of water, which contains any of the following: organic matter conducive to bacterial growth including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse and waste matter, debris, papers, or any other foreign matter or material which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted as defined, is declared a public nuisance.

(Code 1965, § 11C-10.)

Any premises maintained so as to cause the accumulation of stagnant or still water, or any other condition which harbors and breeds mosquitoes or any other poisonous or objectionable insect is declared a public nuisance.

(Code 1965, § 11C-11.)

Any building, vacant lot, premises, vehicle, or place maintained in such a manner as to permit the breeding or harboring therein or thereon of flies, bedbugs, cockroaches, black widow spiders, lice, fleas or any other vermin is declared a public nuisance.

(Code 1965, § 11C-12.)

Any animal or fowl kept, maintained or permitted to remain on any lot or parcel of land which by any sound or cry disturbs the peace and comfort of any neighborhood, or interferes with one or more persons in the reasonable and comfortable enjoyment of life and property is declared a public nuisance.

(Code 1965, § 11C-13.)

Accumulations of limbs, branches, prunings, trimmings, stumps and parts of domestic or cultivated fruit trees, cut, removed, fallen or severed from such trees are declared a public nuisance.

(Code 1965, § 11C-14.)

Any fruit tree or ornamental tree or shrub infested with red, yellow, or black scale, mistletoe, mealy bug or other insect pests or diseases detrimental to agricultural crops, as determined by the Riverside agricultural commissioner, is declared a public nuisance.

(Code 1965, § 11C-15.)

Any privy vault maintained in violation of this Code is declared a public nuisance.

(Code 1965, § 11C-16.)

Every sign or advertising structure subject to any of the following conditions is declared a public nuisance:

A. The sign or advertising structure was unlawfully erected on public or private property, or declared to be hazardous or unsafe by the building official;

B. The sign or advertising structure advertises or is related to events which have already taken place;

C. The sign was legally erected, but its use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of ninety days or more;

D. Signs legally erected which later become nonconforming as a result of the adoption of an ordinance on which the amortization period provided by the ordinance or other law has expired, and for which conformance has not been accomplished.

(Code 1965, § 11C-17.)

Any structure, fence, conduit, wall, tree, masonry, pipe, lumber, or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel, or watercourse is declared a public nuisance.

(Code 1965, § 11C-18.)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises or property within the city to maintain such property in such a manner that any of the following conditions are found to exist thereon:

A. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;

B. Buildings or structures which are partially destroyed, damaged, abandoned, or permitted to remain in a state of partial construction for more than six months after the issuance of a building permit, or any extension thereof;

C. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition as to become defective, unsightly, cracked or no longer viable;

D. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation;

E. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four hours;

F. Broken windows;

G. The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, landscaped or other areas;

H. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property;

I. Temporary service bins or construction debris storage bins stored in excess of fifteen days on a public street or any front or side yard setback area without the express approval of the community development director;

J. Refuse or trash placed as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with this Code;

K. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table;

L. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering as to cause excessive dust or allow the accumulation of debris;

M. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way, including but not limited to streets, alleys, or sidewalks, as to constitute either a danger to the public safety or property or any impediment to public travel;

N. Overgrown, dead, decayed, or hazardous vegetation which:

1. May harbor rats, vermin, or other disease carriers,

2. Is maintained as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic,

3. Constitutes a fire hazard to any building, improvement, crop, or other property,

4. Constitutes an unsightly appearance, or

5. Creates a danger or attractive nuisance to the public;

O. Land, which the topography or configuration of which, in any man-made state, 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 properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;

P. Any other condition declared by any state, county, or city statute, Code, or regulation to be a public nuisance;

Q. Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited pursuant to the laws of the State of California, the provisions of this Code or any other penal ordinance of this city, including but not limited to the following acts:

1. Unlawful possession or use of controlled substances;

2. Prostitution;

3. Gambling; or

4. Solicitation for any unlawful conduct.

(Code 1965, § 11C-19.)

Any excessive smoke, soot or cinders permitted to be emitted from any engine, firebox, stove, furnace, chimney or smokestack in a manner so as to annoy any resident of the neighborhood and which in the opinion of the city's fire marshal constitutes a fire hazard, or to operate any engine or machinery using fuel oil, emitting offensive odors, or smoke or soot which extends to dwelling houses in the neighborhood to such an extent as to render their occupancy materially uncomfortable, or to interfere with the use and comfortable enjoyment of property is declared a public nuisance.

(Code 1965, § 11C-20.)

Any stationary internal combustion engine used, run, or otherwise operated within three hundred feet of any private residence, roominghouse or lodginghouse without first obtaining the consent of all persons residing within such distance is declared a public nuisance; provided, that such consent shall be unnecessary if the exhaust and noise therefrom is muffled so as to prevent the emission of any excessive soot, smoke or noise. This section shall not apply to the use of generators during public emergencies.

(Code 1965, § 11C-21.)

Any lumber, junk, trash, debris, refuse, matter, waste matter or other salvage materials, visible from a public right-of-way or adjoining property is declared a public nuisance.

(Code 1965, § 11C-22.)

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain on any such premises or property any condition that constitutes an attractive nuisance, including, but not limited to, abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, debris, or vegetation which may reasonably attract children to such abandoned or neglected conditions.

(Code 1965, § 11C-23.)

Abandoned or discarded furniture, appliances, play equipment or other household fixtures or other equipment, stored so as to be visible from public right-of-way or from adjoining property is declared a public nuisance.

(Code 1965, § 11C-24.)

Clotheslines in front or side yard areas of corner lots or clothes hung to dry on walls, fences, trees, bushes or carport areas where such is viewable from the public right-of-way are declared a public nuisance.

(Code 1965, § 11C-25.)

Materials or items of any type stored on roofs and visible from the public right-of-way are declared a public nuisance.

(Code 1965, § 11C-26.)

Garbage or trash cans, containers or plastic bags stored in front or side yards, visible from the public right-of-way, or which cause offensive odors are declared a public nuisance.

(Code 1965, § 11C-27.)

Any dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation, cultivated or uncultivated, which are likely to harbor rats or vermin, which constitutes an unsightly appearance, which are detrimental to neighboring properties or property values, or which are grown over the public right-of-way and impair vehicular or pedestrian traffic are declared a public nuisance.

(Code 1965, § 11C-28.)

Any structure occupied as a residence to which a regular and lawful flow of water, or to which a lawful flow of electricity has not been provided for seventy-two hours is declared a public nuisance.

(Code 1965, § 11C-28.1.)

In order to safeguard the quantity and quality of the water supply, it is declared that any private water well, whether for injection, extraction or observation, established in the city after date of this chapter is a nuisance unless otherwise agreed by the city and the owner of the well prior to commencement of the drilling of such well. This section shall supersede any inconsistent provisions of Chapter 32A of the Banning Ordinance Code.

(Code 1965, § 11C-28.2.)

Any real or personal property utilized in the manufacture, sales, or storage of any drug which is illegal under any state or federal law is declared a nuisance. This section shall not apply to the manufacture, sale or storage of marijuana or cannabis permitted under Chapters 5.33, 5.34, and 5.35 of this Code.

(Code 1965, § 11C-28.3.; Ord. No. 1506, § 2, 3-14-17)

(Ord. No. 1455, § 2(b), 10-9-12; Ord. No. 1505, § 2, 12-12-16; Ord. No. 1577, § 11, 9-28-21)

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to permit, accumulate or store on such premises or property (not including highways) any abandoned, wrecked, dismantled, or inoperative vehicle, except as expressly provided in the Municipal Code or any applicable state or federal law.

(Code 1965, § 11C-28.4.)