Irvine Municipal Code Ch. 1 In General

For the purpose of this chapter, the term "nuisance" shall mean:

A. Any public nuisance known at common law or in equity jurisprudence.

B. Any attractive nuisance, which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors.

C. Whatever is dangerous to human life or is detrimental to health as determined by the Health Officer.

D. Overcrowding a room with occupants.

E. Insufficient ventilation or illumination.

F. Inadequate or unsanitary sewerage or plumbing facilities.

G. Uncleanliness, as determined by the Health Officer.

H. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

I. Any condition or use of premises or of building exteriors that is detrimental to the property of others. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:

1. Lumber, junk, trash or debris;

2. Abandoned, discarded or unused objects or equipment such as any vehicle, furniture, stoves, refrigerators, freezers, cans or containers that is in disrepair, broken, missing parts, inoperable, unsightly, or unsafe;

3. Stagnant water or excavations; or

4. Any device, decoration, design, fence, structure, clothesline or vegetation that is unsightly by reason of its condition.

J. Neglect of premises to cause detrimental effect upon nearby property or property values.

K. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.

L. Swimming pools or spas that contain unfiltered or stagnant water, or fencing and gates that are in violation of the City Swimming Pool Ordinance.

M. Buildings and structures which do not have a valid City building permit where:

1. Permit has not been obtained.

2. Permit has expired.

N. Violation of provisions of City Residential Remodeling Ordinance.

O. Violations of the City Building Code or Grading Code.

P. Overgrown, dead, decayed, unkempt or hazardous vegetation which:

1. May harbor rats, vermin or other disease carriers;

2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;

3. Constitutes an unsightly appearance;

4. Creates a danger or attractive nuisance to the public; or

5. Encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel.

Q. Buildings, structures, walls, retaining walls or fences upon which the paint has deteriorated so as to display cracking, peeling, chalking, or upon which the paint has become so deteriorated as to permit decay, excessive cracking, dry rot, warping or termite infestation.

R. Any exterior surfaces, including but not limited to, doors, door and window frames, cornices, eaves, porches, trim, roofs, balconies, decks, walls, and fences not maintained in good condition.

S. Any front yard, parkway, or landscaped area that lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, so as to cause excessive dust, allow the accumulation of debris, or create an unsightly appearance.

T. Placing, erecting, or maintaining any personal property including, but not limited to, basketball hoop, skateboard ramp, tetherball pole, or other recreational or sporting equipment on a public right-of-way, street, easement, sidewalk, or roadway, unless as expressly permitted under this Code or an instrument of law.

U. Placing, erecting, or maintaining a storage bin, trash bin, trash container, or metal container on a public right-of-way, street, easement, sidewalk, or roadway, except as expressly permitted under Title 6, Division 7.

V. Failure to timely comply with any condition or term of any governmental permit, approval or license.

W. Maintaining a condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a public nuisance as defined by Civil Code or established by California decisional law.

X. Violation of any local, State, or Federal code, regulation, standard, or rule.

(Code 1976, § IV.J-101; Ord. No. 9, § 2, 1-5-72; Ord. No. 86-4, 2-11-86; Ord. No. 19-12, Exh. A, 8-13-19)

Whenever the Council finds, based upon the recommendation therefor by the Chief Building Official, that any premises within the City may be maintained in such a way as to constitute a nuisance as defined in this chapter, the Council shall conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Any order by the Council shall be made in form of a resolution which shall describe the premises involved by street address, assessor's parcel number or a brief description thereof, and shall give a brief description of the conditions which may constitute a nuisance.

(Code 1976, § IV.J-102; Ord. No. 9, § 3, 1-5-72; Ord. No. 86-4, 2-11-86)

A. Within 10 days of the public hearing under the provisions of this chapter, the City shall cause to be published in a local newspaper and served upon the owner of the affected premises a copy of the public hearing notice. Service of public hearing notice to the property owner(s) shall be made by mail, addressed to the owner at the last known address of said owner.

B. The City Clerk shall also cause to be conspicuously posted on the premises a certified copy of such resolution and a notice of the time and place of hearing before the Council.

C. Said notice and resolution shall be posted and served, as aforesaid, at least 10 days before the time fixed for such hearing.

(Code 1976, § IV.J-103; Ord. No. 9, § 4, 1-5-72; Ord. No. 86-4, 2-11-86; Ord. No. 19-12, Exh. A, 8-13-19)

A. At the time stated in the notice, the Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged nuisance and to proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued from time-to-time.

B. Upon the conclusion of said hearing, the Council shall, based upon such hearing, determine whether the premises or any part thereof, as maintained, constitutes a nuisance as defined in this chapter. If the Council finds that such nuisance exists and that there is sufficient cause to abate it by rehabilitation, demolition or repair, the Council may, by resolution, declare such premises to be a nuisance and order such abatement of the same by the property owner within 30 days, by having such premises, building or structures rehabilitated, demolished or repaired, or other action taken. Said resolution shall contain a detailed list of needed corrections and abatement methods. The Council may grant an extended period of time for abatement when deemed appropriate.

(Code 1976, § IV.J-104; Ord. No. 9, § 5, 1-5-72; Ord. No. 86-4, 2-11-86)

A copy of the resolution of the Council ordering the abatement of a nuisance under the provisions of this chapter shall be served upon the owners of said property. Such service shall be made by mail, addressed to the owner at the last known address of said owner. Any property owner shall have the right to have the nuisance abated in accordance with said resolution and at his or her own expense, provided the same is completed prior to the expiration of the abatement period deadline. Upon such abatement in full by the owners, the proceedings hereunder shall terminate.

(Code 1976, § IV.J-105; Ord. No. 9, § 6, 1-5-72; Ord. No. 86-4, 2-11-86; Ord. No. 19-12, Exh. A, 8-13-19)

If a nuisance is not completely abated by the owner as directed within said 30-day period, the City shall immediately cause the nuisance to be abated by City personnel or private contract; and such personnel or person under contract are expressly authorized to enter upon said premises for such purposes. The owner of said premises shall be liable to the City for all costs of such abatement, including all administrative costs.

(Code 1976, § IV.J-106; Ord. No. 9, § 7, 1-5-72; Ord. No. 86-4, 2-11-86)

A. The personnel or persons who abate the nuisance under the provisions of this chapter shall keep an account of the cost of abatement. Such personnel or persons shall submit to the City Council for confirmation, an itemized written report showing such costs. The City Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution.

B. Pursuant to Government Code § 38773.5, the total cost of abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.

C. If the identity of the owner of the property abated can be determined from the County Assessor or County Recorder's records, notice of the assessment shall be served upon the owner. Such service shall be made by mail, addressed to the owner or by posting of the property. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

D. Such special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes.

(Code 1976, § IV.J-107; Ord. No. 9, § 8, 1-5-72; Ord. No. 86-4, 2-11-86; Ord. No. 19-12, Exh. A, 8-13-19)

It is a violation of this code for any person to create, maintain, or allow any public nuisance to exist on any premises within the City.

(Ord. No. 19-12, Exh. A, 8-13-19)

Nothing in this Chapter shall be deemed to prevent the City from:

A. Authorizing the City Attorney to commence a civil action to enforce the provisions of a final order of abatement including, but not limited, any action to appoint a receiver or seek injunctive relief; and/or

B. Authorizing the City Attorney to commence a civil action to abate a public nuisance as an alternative to an administrative proceeding pursuant to this Chapter.

C. Filing a criminal action for maintaining or causing a public nuisance.

D. Pursuing any other available legal remedy to address the maintenance or creation of a public nuisance. Where such a civil action is filed, if the Court issues an order or a judgment directing and ordering the abatement of a public nuisance, the Court shall also award the prevailing party reasonable attorneys' fees incurred by in any such proceeding.

(Ord. No. 19-12, Exh. A, 8-13-19)

Notwithstanding any other provision of this Code, whenever the City determines that a public nuisance exists within the City, or that the condition of a building or structure constitutes a public nuisance, all as defined in this Chapter or pursuant to other applicable law, and that nuisance constitutes an immediate hazard or danger, the City, without observing the provisions of this Chapter with regard to abatement procedures, shall immediately and forthwith order the abatement of such existing public nuisance, and forthwith report such circumstances to the City Council.

(Ord. No. 19-12, Exh. A, 8-13-19)