Covina 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 also 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 violations of this chapter 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. 12-2017 § 2, 2013)

As used in 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.

A.

"Abandoned structure"

shall mean 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 and/or notice of trustee's sale, 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; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

B.

"Abandoned personal property"

shall mean and refers to 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.

C.

"Abatement costs"

shall mean all costs, fees, and expenses, incidental or otherwise, incurred by the city in investigating and abating a public nuisance.

D.

"Attractive nuisance"

shall mean any condition, device, equipment, instrument, item or machine that is unsafe, 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 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.

E.

"Building"

shall mean 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.

F.

"City"

shall mean the city of Covina.

G.

"City manager"

shall mean the city manager or designee thereof.

H.

"City personnel"

shall mean any city employee, representative, agent, contractor, or service provider designated by the city manager to abate a public nuisance.

I.

"Code," "codes," and "Covina City Municipal Code"

shall mean the Covina Municipal Code and any code, law, or regulation incorporated therein by reference, including the Covina comprehensive zoning ordinance (CMC Title 17), and any adopted and uncodified ordinances.

J.

"Code enforcement officer" and "officer"

shall mean any city employee with obligations to enforce the Covina Municipal Code. Enforcement officers shall include the personnel of the public works department and Covina police officers. The city manager may designate additional employees of other city departments to act as officers for purposes of implementing the provisions of this chapter.

K.

"Commercial vehicle"

shall mean 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.

L.

"Compliance period"

shall mean 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.

M.

"Controlled substances"

shall mean any substance that is declared by state or federal law to be a controlled substance.

N.

"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.

O.

"Graffiti"

shall mean 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.

P.

"Hazardous materials"

shall mean 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.

Q.

"Hearing officer"

shall mean the city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of abatement.

R.

"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.

S.

"Inoperable vehicle"

shall mean and include, 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, 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.

T.

"Junk"

shall mean and include, 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:

Condition of damage, deterioration, disrepair or nonuse.

Approximate age and degree of obsolescence.

Location.

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

Cost of rehabilitation or repair versus its market value.

U.

"Junkyard"

means 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 CMC Title 17, and all other applicable provisions of the Covina Municipal Code, as well as all future amendments and additions thereto.

V.

"Notice of abatement"

shall mean a notice of public nuisance and intention to abate with city personnel, as described in CMC § 8.40.070.

W.

"Order of abatement"

shall mean an order issued by a hearing officer following an appeal of a notice of abatement.

X.

"Owner"

shall mean and include 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.

Y.

"Person"

shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture 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.

Z.

"Personal property"

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

AA.

"Police chief"

shall mean the highest-ranking officer of the police department or his/her designee.

BB.

"Police department"

shall mean the Covina police department.

CC.

"Public nuisance"

means 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 Covina 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 Covina Municipal Code.

DD.

"Real property" or "premises"

means 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 Covina.

EE.

"Responsible person"

means 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 Covina 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.

FF.

"Structure"

means 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 Covina Municipal Code.

GG.

"Vacant"

shall mean 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.

HH.

"Vehicle"

means 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.

II.

"Violation"

shall mean and include 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.

JJ.

"Weeds"

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

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

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

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

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

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. 12-2017 § 2, 2013)

The city council finds and declares that, notwithstanding any other provision of the Covina Municipal Code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain, the following:

A. Any real property or premises in the city in such a manner that any one or more of the following conditions are found to exist thereon:

1. Land, the topography, geology or configuration of which, whether in natural state or as a result of the 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.

2. 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. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

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

b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

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

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

e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

f. 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 completing nuisance abatement actions.

g. 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.

h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

3. Real property, or any building or structure thereon, that is abandoned or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six months.

4. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as walkways, pedestrian ways, driveways, parking areas, and any detached or freestanding structure, that have become defective, 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, this code, or other applicable law.

5. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

6. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

7. Windows or doors that remain boarded up or sealed after 10 calendar days' written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.

8. 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.

9. Abandoned personal property that is visible from public or private property.

10. Any form of an attractive nuisance.

11. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, 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 interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates, or is contrary to, this code or other applicable law.

12. Items of junk, trash, debris, or other personal property that are kept, placed, 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 this code; or items of junk, trash, debris, or other personal property that are visible from public or private real 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 Covina comprehensive zoning ordinance (including all approvals and permits required thereby), and all other applicable provisions of this code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

13. The keeping or disposing of, or the scattering or accumulating of, flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, 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 Covina housing code, the State Housing Law, the Covina building code, or other applicable local, state, or federal law, rule, or regulation;

b. Violate the Covina health code, the Los Angeles County health code, or other any other health code adopted by and/or applicable in the city of Covina;

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 in CMC Title 17, and all other applicable provisions of this code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

14. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitutes an attractive nuisance or that is otherwise likely to 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.

15. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right-of-way.

16. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property or in any yard area that is visible from a public right-of-way, unless otherwise authorized pursuant to a permit or other entitlement from the city.

17. Overgrown vegetation including, but not limited to, any one of the following:

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

b. 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:

i. Lawns with grass in excess of six inches in height.

ii. Hedges, trees, lawns, plants, or other vegetation that is 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.

c. Vegetation that creates, or tends to create, the existence of a fire hazard.

d. 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.

e. Tree branches or other vegetation within three feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

18. 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:

a. An attractive nuisance;

b. A fire hazard;

c. The creation or promotion of dust or soil erosion;

d. A diminution in property values; or

e. A detriment to public health, safety or welfare.

19. Lack of landscaping or other ground cover in any yard area as otherwise required by CMC Title 17 or other provisions of this code.

20. 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 said containers are visible from public streets, except when located in places of collection at times permitted and in full compliance with this code.

21. The use, parking, or storing of any recreational vehicle as temporary or permanent living space.

22. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of this code, including CMC Title 17.

23. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface within the front yard setback of any real property.

24. Parking spaces required by this code, including CMC Title 17, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.

25. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

26. 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.

27. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the city.

28. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city or as otherwise authorized by law.

29. Maintenance of signs, or sign structures, on real property relating to uses 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, this code, including CMC Title 17.

30. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high-rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

31. Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

32. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from private real property.

33. Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

34. Any discharge of any substance or material other than storm water which enters, or could possibly enter, the city's storm sewer system in violation of the Covina Municipal Code.

35. Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:

a. A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered; and/or

b. Covering with a tarp performed pursuant to an active building or grading permit.

36. Maintenance of any tarp 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.

37. Maintenance of any tarp or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade.

38. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of this code.

39. Any noise that is made, generated, produced, or continued in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Covina Municipal Code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to, the following:

a. The volume of the noise;

b. The intensity of the noise;

c. Whether the nature of the noise is usual or unusual;

d. Whether the origin of the noise is natural or unnatural;

e. The volume and intensity of the background noise, if any;

f. The proximity of the noise to residential sleeping facilities;

g. The nature of the zoning of the area from which the noise emanates;

h. The density of inhabitation of the area from which the noise emanates;

i. The time of day or night the noise occurs;

j. The duration of the noise;

k. Whether the noise is recurrent, intermittent, or constant;

l. Whether the noise is produced by commercial or noncommercial activity; and

m. Whether the noise is a consequence or expected result of an otherwise lawful use.

40. 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.

41. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

B. Any "unsafe building," "unsafe structure," "substandard building," or "substandard property" as defined by any provision or provisions in CMC Title 14.

C. 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 Section 17920.3 of the California Health and Safety Code, and any future amendments thereto.

D. 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 Covina Municipal Code, including, but not limited to, the following acts:

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

2. Prostitution; and/or

3. Unlawful gambling.

E. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:

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. Harassment of passersby;

6. Theft, assault, battery, or vandalism;

7. Storage or sale of stolen goods;

8. Excessive littering;

9. Illegal parking or traffic violations;

10. Curfew violations;

11. School attendance violations;

12. Lewd and/or lascivious conduct; and/or

13. Excessive responses by the police department or other law enforcement personnel.

F. Any condition, use, or activity that constitutes a public nuisance as defined by Section 3479 or 3480 of the California Civil Code, and any future amendments thereto.

G. 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 thereto, (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.

(Ord. 12-2017 § 2, 2013)

A. Notwithstanding any other provision of the Covina 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 CMC § 1.16.010(A). 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. 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. 12-2017 § 2, 2013)