Article I — NUISANCES ENUMERATED

The purpose and intent of this chapter is as follows:

(1)

To promote and sustain a high quality of life within the city and to protect the health, safety, and welfare of the city's residents, business community, and guests by developing and utilizing regulations that promote the sound maintenance of property and that enhance the appearance, habitability, occupancy, use, and safety of all structures and premises in the city.

(2)

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.

(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, while protecting the right of responsible persons to due process of law.

(4)

To set forth procedures for providing sufficient notification of substandard, hazardous, and other nuisance conditions to non-owners of real property who have an actual or potential interest in the real property.

(5)

To responsibly defray the costs associated with the investigation and enforcement of applicable laws, and the abatement of substandard, hazardous, and/or other nuisance conditions by adopting and utilizing administrative procedures to collect fees, costs or charges as authorized by state statutes or as otherwise allowed pursuant to the city's police powers.

(6)

This chapter is not intended to enforce conditions, covenants and restrictions ("CC&Rs") on real property, or to supersede any less restrictive CC&Rs. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowners' association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&Rs may be the same, more restrictive, or may not be covered by this chapter.

(7)

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. No. 2020-01, § 2(Exh. B), 2-26-2020)

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.

Abandoned structure means 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 non-functional, 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.

Abandoned personal property means 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.

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

Attractive nuisance means any building, structure, device, equipment, instrument, item, machine, or condition 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 structure or open and accessible building, structure, well, shaft, basement or excavation; any abandoned refrigerators and abandoned or inoperable 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 means 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 means the City of Eastvale.

City manager means the city manager or designee thereof.

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

Code, codes, and Eastvale Municipal Code means, to the Eastvale Municipal Code and any code, law, or regulation incorporated therein by reference, the Eastvale Zoning Code, and any adopted and uncodified ordinances.

Code enforcement fees means fees imposed by the city to defray its costs of code enforcement actions, pursuant to Government Code § 54988 and Health and Safety Code § 17951 (and any successor statutes thereto), the Eastvale Building Codes, and any other applicable local, state, or federal law, as well as by the city's police powers as authorized by the California Constitution, including, but not limited to, the time and other resources of public officials and city consultants expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a real property. Examples of code enforcement actions include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings with other officials of the city or other agencies, engaging in conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the commencement or pendency of a judicial or administrative hearing. The time and resources that public officials and city consultants further expend to confirm that a real property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a property remains pending before a reviewing authority in an administrative action shall also constitute code enforcement actions.

Code enforcement officer means any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative.

Compliance period means 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 means any substance that is declared by state or federal law to be a controlled substance.

Fire hazard includes, 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.

Graffiti means 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 means 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 means the city manager or any city employee or other person appointed by the city manager to hear all timely appeals as set forth in this chapter.

Incidental expenses includes, 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 non-operational 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.

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. The term "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 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 the Eastvale Zoning Code, and all other applicable provisions of the Eastvale Municipal Code, as well as all future amendments and additions thereto.

Notice of abatement means a notice of public nuisance and intention to abate with city personnel, as described in section 8.18.070.

Order of abatement means an order issued by a hearing officer following an appeal of a notice of abatement.

Owner means and includes 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 Riverside 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 means and includes 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. The term "person" also includes any public entity or agency that acts as an owner in the city.

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

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 Eastvale 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 Eastvale Municipal Code.

Real property or premises means any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. The term "real property" or "premises" includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or not owned by the City of Eastvale.

Responsible person means any person, whether as an owner as defined in this section, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of the Eastvale 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. The term "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 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 Eastvale Municipal Code.

Vacant means 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 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. The term "vehicle" does not include devices that are propelled exclusively by human power such as bicycles and wheelchairs, or those that are used exclusively upon stationary rails or tracks.

Violation means and includes any prohibited activity, condition, or use on land or in connection with a building or a structure that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in disregard of, or in nonconformity with, any other provision, regulation, prohibition, or requirement of the Eastvale Municipal Code, or any applicable county, state, or federal laws or regulations. Any such violation shall also constitute an unlawful public nuisance for each and every day or part thereof, during which it is allowed, committed, continued, maintained or permitted by a responsible person

Weeds includes, 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 health; 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. No. 2020-01, § 2(Exh. B), 2-26-2020)

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 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 in this section, the term "unreasonable period" means 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. One or more of the following factors may be used by the city to establish a reasonable period for the complete abatement of this nuisance:

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 hazard to the health, safety, or welfare of the occupants or the general public.

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

f.

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.

g.

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.

h.

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.

i.

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.

j.

Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reasons for such delays.

(3)

Abandoned structures.

(4)

Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures) and any detached or freestanding structure (including, but not limited to, fences and walls) 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 Eastvale Municipal Code, or other applicable law.

(5)

Sidewalks, walkways, pedestrian ways, driveways, and parking 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 Eastvale Municipal Code, or other applicable law.

(6)

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.

(7)

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.

(8)

Windows or doors that remain boarded up or sealed after 15 calendar days of 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.

(9)

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.

(10)

Abandoned, broken, or neglected personal property that is visible from public or private property.

(11)

Any form of an attractive nuisance.

(12)

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, the Eastvale Municipal Code or other applicable law.

(13)

Items of junk, trash, debris, waste, 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 the Eastvale Municipal Code; or items of junk, trash, debris, waste, 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 Eastvale Zoning Code (including all approvals and permits required thereby), and all other applicable provisions of the Eastvale Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

(14)

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 Eastvale Housing Code, the state housing law, the Eastvale Building Code, or other applicable local, state, or federal law, rule, or regulation;

b.

Violate any health code adopted by and/or applicable in the City of Eastvale;

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 Eastvale Zoning Code, and all other applicable provisions of the Eastvale Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

(15)

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

(16)

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.

(17)

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 vantage in excess of 72 hours, unless otherwise authorized pursuant to a permit or other entitlement from the city;

(18)

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:

Lawns with grass in excess of six inches in height.

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.

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.

(19)

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.

(20)

Lack of landscaping or other approved ground cover in any yard area as otherwise required by the Eastvale Zoning Code or other provisions of the City Municipal Code, 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, artificial turf, and sod. Weeds, dirt, gravel, broken concrete, asphalt, plastic sheeting, indoor-outdoor carpet or any similar materials are not acceptable landscaping or ground cover. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.

(21)

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.

(22)

Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Eastvale Municipal Code.

(23)

Parking spaces required by the Eastvale Municipal Code, including the Eastvale Zoning Code, that are not maintained in such a manner that said spaces are continuously free and accessible for vehicle parking without the movement of real or personal property.

(24)

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.

(25)

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.

(26)

Any equipment, machinery, storage bin, 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 and is otherwise in compliance with all conditions of said permit and all applicable laws, rules, and regulations.

(27)

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.

(28)

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, the Eastvale Municipal Code, including the Eastvale Zoning Code.

(29)

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 liquids, lateral support structures and bulkheads, 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 smokestacks, and recreational structures such as tennis courts and cabanas.

(30)

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 or other city approval has been issued authorizing said encroachment or obstruction.

(31)

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.

(32)

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.

(33)

Accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences that are not stored in accordance with applicable laws.

(34)

The disposing of, depositing of, or discharge of any substance or material other than stormwater which enters, or could possibly enter, the city's storm sewer system in violation of the Eastvale Municipal Code.

(35)

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

(37)

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.

(38)

The keeping, maintaining, 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 the Eastvale Municipal Code.

(39)

Any noise that is made, generated, produced, or continued (whether from a human, animal, or device) in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood of which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Eastvale Municipal Code, including the noise limits set forth in the Eastvale Zoning Code, or that violates the general plan (public safety element). 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)

Construction activities that occur outside of the approved hours of construction as set forth in chapter 8.52 of the Code or on a permit or other city entitlement as issued the building official, planning commission, or city council, or as otherwise prohibited by the Eastvale Building Code.

(41)

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.

(42)

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 dangerous building, unsafe building, unsafe structure, substandard building, or substandard property as defined by the Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, California Building Code, or California Residential Code, as adopted and amended by the Eastvale Municipal Code.

(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 Health and Safety Code § 17920.3, 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, the provisions of the Eastvale Municipal Code, or any other ordinance of the city, including, but not limited to, the following acts:

(1)

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

(2)

Prostitution; and/or

(3)

Unlawful gambling.

(e)

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

(f)

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

(i)

Any applicable approval, permit, license, or entitlement or condition relating thereto;

(ii)

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

(iii)

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

(Ord. No. 2020-01, § 2(Exh. B), 2-26-2020)

(a)

Notwithstanding any other provision of the Eastvale 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 section 1.01.220. 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 chapter 8.17 of this Code.

(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. No. 2020-01, § 2(Exh. B), 2-26-2020)