Etna Municipal Code Art. VIII 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 maintain on any such premises or property any condition that constitutes an attractive nuisance including, but not limited to, the following: abandoned, damaged or broken equipment, vehicles, machinery or household items, junk, or rubbish.

(Ord. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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 minor repair and maintenance of vehicles as defined in the zoning code, machinery or equipment which belongs to the person residing at the property, and which is either performed inside an enclosed structure such as a garage or performed outside but is not visible for longer than 24 consecutive hours.

(Ord. 217, 2015)

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 parked operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and boat to be used for a residential occupancy exceeding 15 days, except on property zoned for mobile home parks or camping.

(Ord. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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 weeds at a height of over 12 inches which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire hazard when dry, or which are otherwise noxious or dangerous to be present on any front and visible side yards.

(Ord. 217, 2015)

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. 217, 2015)

The parking, storing, placing and allowing to remain on front yards, parking strips, sidewalks, curbs and streets serving residential, commercial and industrial areas within the city, of disabled motor vehicles, motor vehicle bodies, parts, equipment, machinery, tools and other metal materials of any kind, as well as greases, oils, paints and their containers, for a period of more than 48 hours in any one calendar month is prohibited.

(Ord. 217, 2015)

It shall be unlawful to park more than three abandoned or "junk" cars upon any lot within the city without the erection of a suitable board fence no less than six feet in height erected in such manner as to eliminate unsightly conditions.

(Ord. 217, 2015)