Laguna Niguel Municipal Code Art. 1 Statement of Purpose

Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private) and/or are hazardous or injurious to the health, safety, or welfare of the general public. The purpose of this division is to provide remedies for public nuisances. This division is not exclusive and is supplementary to other remedies provided in this Code and other state and ordinance sanctions for maintenance of nuisances and provisions for abatement of nuisances.

The purpose and intent of this division includes:

(1) To further define as nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or hazardous or injurious to the health, safety, or welfare of the general public.

(2) To develop regulations that will promote the sound maintenance of property and enhance the conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

(3) To provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. Such acts are destructive of the rights and values of private property owners as well as of the entire community. It is the further intent of the city council, through the adoption of this division, to provide notice to all those who disregard the property rights of others, that the city will strictly enforce the law and seek prosecution against those persons engaging in the defacement of public or private properties.

(4) To establish administrative procedures for the city's use, upon its election, to, correct or abate violations of this division on real property throughout the city. The procedures for abatement in this part shall not be exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available by law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of nuisances, in any other manner provided by this Code or any other provision of law. The determination of which remedy to use to resolve any nuisance shall remain in the city's sole discretion.

(Ord. No. 2020-205, § 3, 8-4-20)

For purposes of this division, the following terms or phrases shall have the following meanings:

Abandoned means any building, facility, structure, use, or operation of which has ceased or been suspended; any real property, personal property, or any other item, object, thing, material, or substance on public or private property that, by its condition of damage, deterioration, disrepair, use, nonuse, suspension or cessation of operations, obsolescence or location, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the building, facility, structure, real property, personal property, or other item, object, thing, material or substance cannot be used for its intended or designed purpose.

Attractant means any substance which could reasonably be expected to attract a wild animal or does attract a wild animal, including but not limited to, garbage, trash, food products, pet food, feed, grain, salt, or any other edible thing.

City personnel means any city employee, representative, agent, contractor, or service provider designated by the city manager to abate a public nuisance.

Controlled substances mean any substance that is declared by state or federal law to be a controlled substance.

Hazardous materials mean any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

Junk means and includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

(1) Condition of damage, deterioration, disrepair or nonuse.

(2) Approximate age and degree of obsolescence.

(3) Location.

(4) Present operability, functional utility and status of registration or licensing, where applicable.

(5) Cost of rehabilitation or repair versus its market value.

Non-domesticated mammalian predator means, but is not limited to, coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats.

Non-domesticated rodent means, but is not limited to, rats, mice, and ground squirrels.

Owner, with reference to real property, means any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Orange County assessor's office. Owner, with reference to personal property, means any person who has legal title, charge, control or possession of such personal property. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers.

Personal property means property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.

Property means any personal property or real property of any kind.

Real property means any land and any improvements, fixtures, buildings, and other structures of any kind located on or attached to land.

Responsible person means a responsible person as defined in section 1-3-12 of article 2 citations of division 3 of title 1 this Code.

Vacant shall mean real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or buildings or structures thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Vehicle means any device by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code § 670, and all future amendments thereto. Vehicle does not include devices that are: (1) propelled exclusively by human power such as bicycles and wheelchairs; or (2) used exclusively upon stationary rails or tracks. In addition:

(1) Motor vehicle means a motor vehicle as defined in Section 415 of the California Vehicle Code.

(2) An inoperative motor vehicle includes, but is not limited to, a vehicle that cannot be immediately started and driven due to a lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning systems or parts, a lack of one or more wheels or tires or a complete or nearly complete lack of air in any of the vehicle's tires.

Wildlife rehabilitator shall mean any person acting on behalf of a wildlife rehabilitation facility with a valid permit or license from the State Department of Fish and Wildlife.

(Ord. No. 2020-205, § 3, 8-4-20)