Chapter 9.28 — PUBLIC NUISANCES

Prior history: Prior code, §§ 1-3.010—1-3.170 as amended by Ords. 452 and 539.

A.

The city, pursuant to its charter and the constitutional and statutory laws of the state, is authorized to abate public nuisances and assess the cost of abatement against the parcel of real property on which the nuisance exists. The city is further authorized to impose criminal sanctions for maintenance of a public nuisance.

B.

A public nuisance causes the following:

A reduction in property value;

An obstruction to or interference with the comfortable enjoyment of the adjacent property;

Adverse impacts on the aesthetic quality of property, giving the appearance of blighted conditions and a deteriorated environment; or

Conditions which are injurious to the public health, safety and general welfare including, but not limited to, a harborage for rodents and insects, a dangerous attraction for children and potential for fire and health hazards.

(Ord. 651 § 3 (part), 2005)

Whenever the enforcement officer determines that any such conditions exist, he or she may require or provide for abatement pursuant to Chapters 1.10 through 1.15 of this code. In addition, criminal, civil or administrative sanctions may be imposed for the maintenance of a public nuisance as set forth in Chapters 1.10 through 1.15 of this code.

(Ord. 651 § 3 (part), 2005)

A.

Hazardous Obstructions. "Hazardous obstruction" means an obstacle, landscaping or device installed or maintained in the corner setback area reaching a height exceeding four feet above the adjoining top of curb at the applicable corner of the street intersection, or four feet above the adjoining top of curb at the applicable corner of the street intersection, or four feet above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. "Hazardous obstruction" does not mean existing or future permanent buildings, otherwise constructed or maintained, in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk at least eight feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists.

B.

Polluted Water. "Polluted water" means a swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted; "polluted water" means water contained in a swimming pool, pond, or other body of water, which includes, but is not limited to, bacterial growth, including algae, vector breeding, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

C.

Public Burning. "Public burning" means the intentional outdoor burning of any material, structure, matter or thing unless specifically authorized by the city fire department, and the indoor and/or outdoor burning of materials known to cause air pollution as regulated by the local air quality management district.

D.

Refuse and Waste. "Refuse and waste" means refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire, or the obstruction of other public safety or emergency services upon the premises. "Refuse and waste" means unused or discarded matter and material having no substantial market value, and which consists of, but is not limited to, such matter and material as: rubbish, refuse, debris and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and vehicle parts, trimmings from plants, and trees, cans, bottles and barrels.

(Ord. 651 § 3 (part), 2005)

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such manner that any of the following conditions, but not limited thereto, are found to exist thereon:

A.

Buildings which are abandoned, boarded up, partially destroyed, substantially deteriorated, or left unreasonably in a state of partial construction without an active building permit;

B.

Unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds;

C.

Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, and malicious mischief;

D.

Overgrown vegetation:

Causing detriment to neighboring properties or property values,

Causing a hazardous condition to pedestrian and/or vehicular traffic,

Likely to harbor rats, vermin and other nuisances;

E.

Dead trees, weeds and debris:

Constituting unsightly appearance and/or odors,

Dangerous to public safety and welfare,

Detrimental to nearby property or property values,

A ready source of fuel for combustion;

F.

Attractive nuisances dangerous or potentially dangerous to people in the form of:

Abandoned and/or broken equipment,

Pools, ponds or excavations, without adequate barriers,

Neglected, unprotected and/or unsecured machinery,

Unsecured and unoccupied abandoned buildings and structures;

G.

Items such as, and similar to the following, and which are stored in yards and visible from public streets and/or other properties:

Trash, junk, garbage, debris,

Household goods,

Mattresses,

Cans of stains, paints and solvents,

Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.,

Inoperative vehicles, vehicles in various states of disrepair, vehicle parts,

Cabinets,

Furniture,

Clothing,

Appliances,

Boxes,

Construction materials and/or tools,

Yard and garden equipment in excess of that which is reasonable and acceptable for maintaining the property at which it is located,

Bicycles, scooters and like items in excess of that which is reasonable for use by the current occupants of a property,

Items of any sort or of any quantity that are evidence of an illegal operation or business, or create the appearance thereof,

Items as also described in Section 9.28.030(D) of this chapter;

H.

Violations of the city zoning and subdivision ordinances;

I.

Garbage and recycle containers stored in yard areas that are visible from public streets (pursuant to Municipal Code Chapter 8.24);

J.

Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;

K.

Property including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements. This includes the storing or depositing of subsection G of this section and the following:

Any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location, and

Permitting or allowing any graffiti to remain on any building, wall, fence or structure;

L.

Property maintained in a state that substantially depreciates the property values and social and economic standards of the city, detracts from the appearance and value of nearby properties and lowers the tax base of the city;

M.

Any building, structure or portion thereof built to code standards applicable at the time of original construction, or areas of access which have any of the following conditions or defects to a significant degree or as otherwise noted:

Whenever any door, aisle, passageway, stairway, window or other means of exit is not of sufficient dimensions, or is not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway, window or other means of exit,

Whenever any portion thereof has been damaged by earthquake, wind, flood, rain or by any other cause, in such a manner that the structural strength, stability or integrity thereof is appreciably less than is suitable for occupancy and is less than the minimum requirements of building code regulations enforced by the city,

Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property,

Whenever any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-loads or dead-loads as specified in the building code regulations enforced by the city without exceeding the working stresses permitted therein,

Whenever any portion thereof has settled or otherwise been repositioned or reconfigured so that structural portions of buildings and structures have less resistance to winds, earthquakes and/or other forces than is adequate for safe occupancy and/or as is otherwise required by building code regulations enforced by the city,

Whenever buildings or structures, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, infestations or the removal loss, or movement of portion of the soil necessary to adequately support such building structure or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fail, or otherwise fall or give way,

Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used or intended to be used,

Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,

Whenever a building or structure which has been constructed, now exists or is maintained in violation of any requirements or prohibitions, applicable to such building or structure, of the building and housing code regulations enforced by the city,

Whenever a building or structure, used or intended to be or used for dwelling purposes because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to contribute injury to the health, safety or general welfare of those living within,

Whenever a building or structure, by reason of obsolescence, dilapidation, deterioration, damage, substandard electric wiring, gas connections, or heating apparatus, or similar conditions, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause,

Whenever any sidewalk or driveway which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same.

(Ord. 651 § 3 (part), 2005)