Elk Grove Municipal Code Art. XI Public Nuisances

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 abandon or vacate, or cause to be abandoned or vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use, or to allow the same to become infested with vermin or rodents, or to become a menace to the health or safety of the public.

The following requirements must be completed to secure an abandoned and/or vacant building or structure:

A. Duty to Maintain Property. It is unlawful for an owner to maintain property or to permit property to be maintained in such a manner that any one (1) or more of the conditions described in the following subsections are found to exist:

1. Any abandoned or vacant structure that is open and accessible and/or not secured by boarding in compliance with subsection (B) of this section;

2. Any vacant structure whose interior contains any waste, rubbish, debris or graffiti;

3. Any vacant structure whose premises contain any waste, rubbish, debris, excessive vegetation or graffiti;

4. Any vacant structure whose doors, windows or other openings are secured by boarding in compliance with subsection (B) of this section or by any other method permitted by subsection (B) of this section at any time at which there is no current and valid boarding permit as required by subsection (C) of this section;

5. Any vacant structure that promotes a criminal activity on the property, to include but not limited to use and sale of controlled substances, prostitution and criminal gang activity.

B. Standards of Securing. Except as provided in subsection (B)(14) of this section, the owner shall secure a vacant structure according to all of the following specifications and requirements:

1. Remove all waste, rubbish or debris from the interior of the structure;

2. Remove all waste, rubbish, debris or excessive vegetation from the premises surrounding the vacant structure;

3. Barricade all unsecured doorways, windows visible from the public right-of-way, or exterior openings with minimum one-half (0.5") inch thickness exterior grade plywood, or clear polycarbonate sheeting, or plexiglass, at the discretion of the City, which shall extend to the molding stops or studs;

4. Barricade all unsecured doorways and garage doors visible from the public right-of-way with a minimum one-half (0.5") inch thickness exterior grade plywood, which shall extend to the molding stops or studs. These barricades shall be secured from the interior of the structure, so that the barricade is not visible from the public right-of-way, whenever possible;

5. Barricade all unsecured doorways, windows, and exterior openings not visible from the public right-of-way with minimum one-half (0.5") inch thickness exterior grade plywood, which shall extend to the molding stops or studs; one exit/egress door to be plywood hinged with solid clasps on opposite side then padlocked in order to allow faster access to emergency responders;

6. When using plywood as the barricade material, mount at least two (2) wood stocks of minimum two by four (2" x 4") inch thickness to the reverse face of the plywood with minimum three-eighths (0.375") inch carriage bolts mated with nuts and two (2) flat washers;

7. Extend the stock a minimum of eight (8") inches on each side of the interior wall;

8. Cause all hardware to be galvanized or cadmium plated;

9. Paint all exterior barricade material the predominant color of the structure;

10. Terminate all utility service to the dwelling or building by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the Building Official as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit;

11. If applicable, cap the sewer in a manner approved by the Building Official to prevent the accumulation of methane gas in the dwelling or building;

12. Post the Premises. One (1) or more metal signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information:

13. The Building Official or Code Enforcement Manager may require the owner to erect a fence that meets the specifications of the Building Inspection Department on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances;

14. In lieu of requiring the owner to board a vacant structure as set forth in subsections (B)(1) through (13) of this section, the Building Official may allow the owner to board the vacant structure in a manner that the Building Official determines adequately prevents unauthorized entry or vandalism. In any event, an owner shall post the premises as set forth in this section.

C. Permit Required for Securing an Abandoned or Vacant Dwelling or Building.

1. No owner of a vacant structure shall install, place or maintain boards over the doors, windows or other openings of any vacant structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the dwelling or building without having first applied for and received a boarding permit from the Building Official.

2. An owner of a vacant structure must apply to the Building Official for a boarding permit within thirty (30) days after the structure becomes vacant.

3. The application for a boarding permit shall include all of the following information:

a. The expected period of vacancy;

b. A plan for regular maintenance during the period of vacancy;

c. A plan and timeline for the lawful occupancy, rehabilitation or demolition of the vacant structure or, alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure.

4. The Building Official will issue a boarding permit required by subsection (C)(1) of this section upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee.

5. The owner of a vacant structure must board or otherwise secure the vacant structure in compliance with subsections (A) and (B) of this section within ten (10) days of receiving a boarding permit. The Building Official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with subsections (A) and (B) of this section.

6. The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six (6) months from the date of issuance.

7. The boarding permit may be renewed after the initial period for up to an additional six (6) months, upon the submission of a written application by the owner of the structure. The submission of the application must occur no later than ten (10) business days before the original permit expires, upon the payment of the required fee and upon the confirmation through inspection by the Building Official that the boarding or other method of securing the structure has been completed in accordance with subsections (A) and (B) of this section. The application shall include the information required by subsection (C)(3) of this section.

8. A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the Building Official within one (1) year of the expiration date of the prior permit, unless all of the following occur:

a. The owner of the structure submits a written application for extension that includes the information required by subsection (C)(3) of this section;

b. The owner of the structure pays the required fee;

c. The Building Official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with subsections (A) and (B) of this section;

d. Good cause for the renewal exists. “Good cause” shall require a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner’s control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, “good cause” shall also require a showing by the owner that he or she has exercised reasonable and due diligence in attempting to complete the needed repair, rehabilitation or correction or in attempting to sell the property. If the Building Official determines that good cause exists to renew the permit and that all other conditions are met, the permit may be renewed by the Building Official for a period of up to, but not more than, an additional six (6) months, subject to all of the same conditions imposed on the original renewal permit.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 5, eff. 2-7-2014; Ord. 31-2017 § 4 (Exh. B), eff. 2-9-2018)

Repealed by Ord. 7-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

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, the following: A) abandoned and or vacant building and/or structure, damaged or broken equipment, vehicles, machinery or household items; B) unprotected, hazardous, filled pools without required fencing or unfilled pools or ponds; and C) unfenced or otherwise unprotected wells or excavations.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 6, eff. 2-7-2014)

The City may declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Sections 3479 and 3480 of the California Civil Code.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City may: A) declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Section 11570 of the California Health and Safety Code; and B) commence any action or proceeding pursuant to the California Drug Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City may: A) declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Section 11225 of the California Penal Code; and B) commence any action or proceeding pursuant to the California Red Light Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It shall be deemed a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity specifically identified as a public nuisance by this code and/or applicable statute, rule, code or regulation.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to permit on any premises or property within the City any matter or substance from a private vault, cesspool, septic tank, water closet, privy vault, urinal, pipe, sewer line or any sewage, effluent, slop water, polluted water or any other filthy water, matter or substance to flow or discharge upon the ground or upon any public sidewalk, street or other public place.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to operate or maintain any premises or property within the City in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace and quiet of the neighborhood which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, battery, acts of vandalism, excessive littering, illegal parking, loud noises, traffic violations, curfew violations, or police detentions and arrests.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property in such a manner that has resulted in the accumulation of dry or dead plant matter, combustible refuse and waste or any other matter which by reason of its size, manner of growth and location constitutes a fire hazard to any building, improvement, crop or other property.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 any hazardous substances which because of their quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed, or if hazardous waste to be unlawfully released, discharged, placed or deposited upon any premises or onto any City property.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable State or local law or regulation relating to the condition, use or maintenance of such building or structure.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and 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 have any unlawful activities of a criminal gang, as defined in Sections 186.22, 186.22a, and 186.25 of the Penal Code and Section 11570 of the Health and Safety Code.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property with garbage or trash containers stored in the public right-of-way, except on scheduled waste collection days.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property in such a manner that has any inscription, word, figure, picture, design or other graphic representation prohibited by law or unauthorized by the owner or person in possession of the subject property, which is marked, etched, scratched, drawn, painted or otherwise applied on any building or other public or private facility, and can be seen by any person using any public right-of-way. “Graffiti” includes, but is not limited to: A) any authored inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property; B) representations of any gang-type group; C) projection of threats; D) insults to any race, creed or religion; or E) expressions of profanity.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 any front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material as determined to be acceptable or required by the Code Enforcement Manager or his or her designee. For single-family and two-family residential zoning districts, a minimum of twenty-five (25%) percent of the net lot area and forty (40%) percent of the front yard area shall comprise a pervious surface.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to allow or perform on such premises or property the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from an adjoining property. This prohibition shall not apply to work which is specifically authorized by State or local law or regulation and shall not apply to personal, noncommercial minor repair and maintenance of vehicles, machinery or equipment which belongs to the person residing at the property, and which is performed inside an enclosed structure such as a garage or performed outside, but is not visible for longer than twenty-four (24) consecutive hours. Vehicles, machinery, and equipment must be stored in an enclosed structure when repair or maintenance work is not being performed on these items.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 25-2016 § 3, eff. 1-13-2017)

It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City upon which there is stagnant or still water or a marshy condition which harbors and breeds mosquitoes or other poisonous or objectionable insects.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

A. Any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire any controlled substance is declared to be a nuisance, and the vehicle may be enjoined and abated as provided in this chapter.

B. Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is guilty of creating a public nuisance.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 31-2014.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to erect a portable basketball hoop, skateboard ramp, tetherball pole, or other portable recreational or sporting equipment on a public right-of-way, street, easement, sidewalk or roadway.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 fail to maintain in good condition any parking lot striping and handicapped markings on such premises or property.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to engage in the intentional burning of any material, structure, matter or thing on any premises or property within the City without a validly issued permit that allows such burning.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City in a manner that has resulted in an accumulation of rubbish, refuse and dirt.

The City Council may: A) declare by resolution pursuant to Section 39561 et seq. of the California Government Code that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in an accumulation of rubbish, refuse and dirt upon parkways, sidewalks or private property in the City; and B) commence any action or proceeding pursuant to Section 39561 et seq. of the California Government Code to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City in a manner that presents an imminent safety hazard and/or which creates a present and immediate danger to life, property, health or public safety, including, but not limited to, clandestine drug labs and fire-damaged and vacant open and accessible structures.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 fail to properly connect any inhabited improvements on such premises or property to a sewage disposal system or sanitary sewer and/or to permit sewage seepage.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City may: A) declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Sections 17910 through 17995.5 of the California Health and Safety Code; and B) commence any action or proceeding set forth therein to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 upon any such premises or property the exterior storage or maintenance in a residential, agricultural residential, or agricultural zone of storage bins or cargo/shipping containers without a temporary use permit, excepting that such bins or containers may be located on site for a maximum of twenty-four (24) hours as part of the active loading and unloading of the container without a temporary use permit. Any such bins or containers shall be located a minimum of ten (10' 0") feet from any front or side street property line, a minimum of five (5' 0") feet from any other structure or container. At no time shall the container obstruct the clear vision triangle as required by the Zoning Code. For residential uses, containers may not be placed within the required front or side yard area.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 upon any such premises or property any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained resulting in the water becoming polluted and/or providing for mosquito breeding.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property in a manner that results in creating a habitat for termites, insects, vermin or rodents that presents a threat to the health and safety of the public and/or a threat to property and adjacent properties.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property in such a manner that has resulted in: A) trees and shrubs with dead or fallen limbs or branches that present a safety hazard or restrict, impede or obstruct the use of a public right-of-way, easement, sidewalk or roadway; or B) branches from any tree or shrub not trimmed to the height of ten (10' 0") feet over the public sidewalk and to the height of thirteen (13' 0") feet over the public street, easement, sidewalk or roadway where such growth restricts, impedes or obstructs pedestrian or vehicular use of said public right-of-way, easement, sidewalk or roadway; or C) trees, tree limbs and branches that present a safety hazard or restrict, impede or obstruct street signs, traffic signal lights or street lamps from illuminating the public right-of-way, easement, sidewalk or roadway.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 7, eff. 2-7-2014)

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 on such premises or property any operable or inoperable vehicle, vessel, recreational vehicle, motor home, trailer, camper, camper shell or boat to be parked or stored outside of a garage or carport on an unimproved surface.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 8, eff. 2-7-2014)

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises, vehicle or property in the City to maintain such premises, vehicle or property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection or pedestrian walkway.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain any such premises or property or improvement thereon in such a manner as to cause or to allow the premises, property or improvement to become defective, unsightly, or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the City. Visual blight conditions include, but are not limited to, any of the following conditions:

A. The presence of any improvement (including, but not limited to, buildings, garages, carports, wooden fences, block walls, roofs or gutters) in which the condition of the patio, stucco, siding or other exterior coating has become so deteriorated as to permit decay, excessive checking, cracking or warping so as to render the improvement or property unsightly and in a state of disrepair;

B. The presence of any improvement with cracked or broken windows, roofs in disrepair, damaged porches or broken steps;

C. The presence of any improvement which is abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for more than ninety (90) days;

D. The presence of abandoned, damaged or broken equipment, vehicles or machinery which is visible from a public street or sidewalk or from an adjoining property; or

E. The presence of excessive junk, refuse and garbage which is visible from a public street or sidewalk or from an adjoining property.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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 such premises or property in a manner that has resulted in an accumulation of weeds. For purposes of this section, “weeds” shall mean any of the following: A) weeds which bear seeds of a downy or wingy nature and are at a height of twelve inches (12") or greater; B) sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; C) weeds which are otherwise noxious or dangerous; D) poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health; and/or E) dry grass, stubble, brush, or other similar material which endangers the public safety by creating a fire hazard.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 25-2016 § 4, eff. 1-13-2017)

The City Council may: A) declare by resolution pursuant to Section 39561 et seq. of the California Government Code that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in weeds, as that term is defined in Section 39561.5 of the California Government Code, being grown upon the streets, sidewalks or private property in the City; and B) commence any action or proceeding pursuant to Section 39561 et seq. of the California Government Code to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

It shall be unlawful and constitute a public nuisance for any person who keeps beehives on his, her, or its property not to comply with the following regulations:

A. Failure to comply with any zoning requirements set forth in the Zoning Code or recommendations made by qualified experts retained by the City Manager in conjunction with an investigation conducted under the authority of EGMC Chapter 14.07, Agricultural Disputes.

B. All properties on which beehives are kept must provide for adequate water sources on the property. Adequate sources are ones that provide both an amount of fresh water necessary for the amount of bees or beehives and a method for the bees to be able to gain a good footing to obtain the water. Adequate water sources must be in place prior to bees or beehives being placed on a property to ensure that the bees primarily use the provided water source and do not seek out water sources on neighboring properties prior to the arrival of their own water source.

C. Any time beehives are kept on a property that is not the property of the beekeepers, the bee boxes containing the hives must have the name, address and phone number for the beekeeper stenciled in black one-inch (1") letters on each bee box.

D. Failure to comply with any provision of the California Food and Agricultural Code related to bees and/or beekeeping.

(Ord. 16-2012 § 1, eff. 8-24-2012)

It shall be unlawful and a public nuisance for any property owner to waste water in the form of inefficient landscape irrigation by causing or allowing water runoff from substantially leaving the target landscape due to low head drainage or otherwise, overspray, or other similar conditions where more than incidental water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures.

(Ord. 8-2015, § 1, eff. 6-26-2015)

It shall be unlawful for any person to store or leave unattended personal belongings, furniture; or storage containers on public property, unless such leaving or storage is: (A) expressly authorized, and in conjunction with, a valid encroachment permit issued by the City; (B) otherwise properly and expressly authorized by the City; or (C) within twenty-four (24) hours of a bulky waste pick-up scheduled with the City’s solid waste hauler. Authorized City representatives may remove and dispose of items in violation of this section if the personal belongings, furniture, or storage containers remain on public property twenty-four (24) hour after written notification is provided by the City of the violation.

(Ord. 31-2017 § 4 (Exh. B), eff. 2-9-2018)

A. Any damage done directly or indirectly to any public right-of-way or other public property or improvement, by any person, shall be promptly repaired, at the person’s sole cost and expense, to the complete satisfaction of the City. The responsible person shall reimburse the City for the full costs of the repair work within thirty (30) days after receiving an invoice from the City.

B. It is unlawful and a public nuisance for any person to do any of the following on public property, unless expressly authorized by the City:

1. Damage Public Property. Willfully mark, deface, disfigure, injure, displace or remove, any railing, bench, paving, paving material, water line, signs, notices, or placards (whether temporary or permanent), monuments, stakes, posts, or other boundary markers, wall or rock border, structures, equipment, facilities or public property of any kind;

2. Natural Resources. Remove sand, soil, rock, stones, trees, shrubs, or plants;

3. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord, or wire into, upon, or across any public property;

4. Trees; Shrubbery and Plants. Damage, cut, carve, burn, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant.

(Ord. 31-2017 § 4 (Exh. B), eff. 2-9-2018)