La Quinta Municipal Code Ch. 11.72 Public Nuisances

Footnotes:

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Prior ordinance history—Ords. 10, 72, 79.

As used in this chapter the following terms shall have the meanings indicated:

"Polluted water" means water in a swimming pool, pond, or other body of water containing bacterial growth, algae, remains of insects or deceased animals, reptiles, rubbish, refuse, debris, papers or any other foreign material constituting an unhealthy, unsafe or unsightly condition.

"Premises" means any lot or lots and the buildings or structures located thereon.

"Property owner" means the owner of the premises where a public nuisance is located as indicated on the last available tax assessment roll.

"Refuse and waste matter" means unused or discarded matter having little or no substantial market value, including, but not limited to: rubble, asphalt, concrete and building materials, plaster, tile, rocks, bricks, soil, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture, inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.

"State of partial construction" means buildings and structures which are partially constructed when the building permit for such construction has expired.

(Ord. 568 § 14, 2018; Ord. 160 § 1, 1989)

No person shall create, maintain, or allow any nuisance as declared in this chapter to remain on any premises within the city.

(Ord. 568 § 14, 2018; Ord. 160 § 1, 1989)

The following are declared public nuisances:

A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construction;

B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly;

C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly;

D. Broken windows, damaged doors or gates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children;

E. Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit;

F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare;

G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb;

H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety;

I. Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city;

J. Allowing the following to exist on a property:

1. Any property, excluding water that has been artificially altered from its natural condition so that it now supports the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance,

2. Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance,

3. Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors,

4. "Vector" as used herein means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates,

5. "Public nuisance" as used herein shall not include agricultural operations that are designed and managed consistent with the accepted standards and practices for controlling fly development, as defined in Health and Safety Code Section 2062(b);

K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls or soil;

L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), storm channel, or any other surface open to public view which is commonly known as graffiti;

M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code;

N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties;

O. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four (4) feet in diameter;

P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure;

Q. Stockpiling fill dirt or other material without a grading permit;

R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties;

S. Landfills containing organic materials except those permitted by the city manager;

T. Allowing the following to exist on property:

1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way,

2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, excavations, and unsecured dwellings,

3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of-way,

4. Materials stored on rooftops which are visible from the public right-of-way,

5. Trash containers or plastic bags causing offensive odors or a breeding place for flies,

6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights-of-way, buildings, structures, walls or fences,

7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals,

8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard;

U. Dumping or discharge of refuse, sewage, filthy water and waste matter upon the following:

1. Any public or private highway or road,

2. Private property where the public is admitted by easement or license,

3. Private property with or without the consent of the property owner, and

4. Any public property not designated for such purpose;

V. Dumping or placing any rocks or dirt upon public or private property without the consent of the state or local agency retaining jurisdiction over such highway or property;

W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless:

1. Such activities are completely enclosed and not visible from the public right-of-way, or

2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy-two (72) hours;

X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated;

Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone;

Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view;

AA. Storage of any item in a residential zone in a manner which endangers public health and safety;

BB. Any business, factory, yard, establishment or other place which generates into or pollutes the atmosphere with any unwholesome, offensive, or deleterious gas, fumes, dust, smoke, or odors, or allows offensive odors to be emitted from offal, garbage or any animal or vegetable matter;

CC. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare;

DD. Marijuana Dispensaries. As used in this chapter, a "marijuana dispensary" is a facility or location which provides, makes available, or distributes recreational or medical marijuana, or both, to a primary caregiver, a qualified patient, or any person, with or without an identification card, as may otherwise be permissible under Division 10 (commencing with Section 26000) of the California Business and Professions Code, Article 2 (commencing with Section 11357) or Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the California Health and Safety Code, or any other law or regulation of the state of California;

EE. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city.

(Ord. 568 § 14, 2018; Ord. 462 § 1, 2008; Ord. 438 § 1, 2007; Ord. 265 § 1, 1995; Ord. 177 § 1, 1990; Ord. 160 § 1, 1989)

A. Authorized Representative. The city manager or representative(s) are authorized to make inspections and take such actions as may be required by this chapter to provide for the abatement of public nuisances.

B. Right of Entry. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance the city manager or representative(s) may enter the premises at a reasonable time for the purpose of inspection. If such premises are occupied, entry shall be requested and proper credentials shall be presented. If such premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property owner cannot be located after a reasonable time, a twenty-four (24)-hour written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner has the right to refuse entry and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises.

(Ord. 568 § 14, 2018; Ord. 160 § 1, 1989)

A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings.

B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read "Notice of Public Nuisance," and shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance.

C. Service. The notice of public nuisance shall be served in accordance with Section 1.01.300 of this code.

D. Time to Abate. Public nuisances shall be abated by the property owner no more than thirty (30) days from the date of service as defined by Section 1.01.300 of this code. If a public nuisance constitutes an immediate fire hazard, the public nuisance shall be abated within five (5) days of service.

E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency presenting imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance.

F. Appeal Procedure. Within ten (10) days from the date of service the property owner may appeal the determination that a public nuisance exists to the city manager pursuant to Chapter 2.08 of this code. The appeal shall be in writing and filed with the city clerk.

G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall apply:

1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three (3) infractions.

2. City to Abate. The city may cause the public nuisance to be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be reported to the city council by the city manager or designee immediately following abatement.

3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attorney's fees and costs may be collected by the city in any action to abate a public nuisance.

(Ord. 568 § 14, 2018; Ord. 160 § 1, 1989)

A. Responsibility for Costs. If the city abates a public nuisance pursuant to this chapter, the cost of abatement may be collected as a recorded nuisance abatement lien or may be collected as a special assessment against the property together with an additional twenty-five percent (25%) of the cost of abatement for inspection and any administrative and incidental costs incurred by the city to abate the public nuisance.

B. Hearing on Assessment. To determine if the cost of abatement shall be collected as a recorded nuisance abatement lien or a special assessment against the property, a public hearing shall be held by the city council. The city clerk shall schedule the hearing for the first regular meeting that is held at least seven (7) days following the filing of the report on the costs and manner of abating the public nuisance pursuant to Section 11.72.050(B). The property owner shall be served notice advising him/her of the date, time and location of the hearing in accordance with Section 1.01.300 of this code. A property owner may pay the assessment to the city clerk prior to the hearing to avoid a lien or special assessment being placed against the property. The city council shall consider any objections to the lien or special assessment at the hearing. If the city council determines that the cost of abatement shall be collected as a recorded nuisance abatement lien or a special assessment against the property, a resolution shall be adopted by the city council stating the amount of the assessment. The city clerk shall prepare and file a certified copy of the resolution with the county recorder-auditor-controller.

C. Assessment and Collection. Government Code Sections 38773.1 and 38773.5 are incorporated by reference as it currently exists and may be subsequently amended. Section 38773.5 provides that the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. If payment is delinquent the assessment shall be subject to the same penalties and procedure and sale as provided for ordinary municipal taxes.

(Ord. 568 § 14, 2018; Ord. 160 § 1, 1989)