Laguna Niguel Municipal Code Art. 2 Prohibition Against Maintenance of Nuisances

(a) For purposes of this division, "public nuisance" or "nuisance" means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway, as determined by the director of community development or their designee. All conditions hereafter enumerated in this division, or that otherwise violate or are contrary to any provision of the Laguna Niguel Municipal Code, are nuisances by definition and declaration, and unlawful, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Laguna Niguel Municipal Code. Subdivision (b) of this section sets forth a non-exclusive list of examples of a public nuisance or nuisance subject to this division.

(b) It is further hereby declared a public nuisance and unlawful for any person owning, leasing, occupying, or having charge, possession or control of any property within the city, to allow, cause, create, maintain, or suffer, or permit others to cause, create, maintain, or suffer, any of the following conditions on such property, buildings, or other structures:

(1) Violations of codes, ordinances, and statutes. Any violation of any provision of the Laguna Niguel Municipal Code, or any statute, ordinance, or regulation of the state of California, the county of Orange, or any other public agency adopted by reference by the city.

(2) Abandonment. Abandoned, broken or neglected equipment, and machinery, pools, ponds, excavations, wells, shafts, basements or other holes, refrigerators or other appliances, shopping carts, motor vehicles, any unsound structures, skateboard ramp, or accumulated lumber.

(3) Feeding of wild animals.

a. Feeding, or allowing, causing or permitting the feeding of, any wild birds on public property.

b. Depositing on or in any public street, public right of way, sidewalk, public building, public parking lot, park or any other public property within the city any food or other attractant that can be consumed by birds.

c. Feeding or in any manner providing food or other attractant for one or more wild birds on private property, except that this prohibition does not apply to any person with a bird feeder provided the feeders are suspended on a cable or other device to make them inaccessible to non-domesticated mammalian predators, non-domesticated rodents, and other wild animals, and the area below the feeders are kept free from the accumulation of seed debris and feces.

d. Feeding or in any manner providing food for one or more non-domesticated mammalian predators, non-domesticated rodents, or other wild animal on public or private property.

e. Leaving or permitting to be left out-of-doors any garbage containing food scraps without first securing said food scraps in trash receptacles or closed containers.

f. Exceptions. The prohibitions in subsections (b), (c), (d), or (e) do not apply to:

1. Any person who is the legal owner/guardian of the wild animal and the wild animal is kept under a valid license or permit issued by the State Department of Fish and Wildlife, and in compliance with all applicable laws.

2. Any person who feeds or provides food to a trapped, injured, or unweaned wild animal between the time that the agency charged with animal control or its designated agent is notified of the wild animal and the wild animal is picked up by said agency.

3. A wildlife rehabilitator or any person who is using an attractant to trap an animal in a legally authorized or permitted manner.

(4) Fire hazards. Any dry or dead shrub, branch, leaves, palm frond or tree, combustible refuse or waste or growing material, or the absence of healthful vegetation, which by reason of its size, manner of growth, condition and/or location, creates, or is likely to cause, create, result in or contribute to an actual or potential fire hazard to a building, structure, crop or other real property or personal property.

(5) Graffiti. Causing, permitting, or allowing any graffiti or other defacement of real or personal property to remain on any property, including, but not limited to, on any building, wall, fence, vehicle or structure, for a period in excess of 24 hours and as described in section 11-8-56 of this Code.

(6) Improper premises maintenance. Maintenance of any property in such condition as to become so defective, unsightly, or deteriorated as to cause, in the estimation of the director of community development or designee, substantial detriment to neighboring properties, including but not limited to, any the following:

a. Maintaining real property, including any land, building or other structure, or any portion thereof:

1. Which has been boarded up for a period in excess of seven consecutive days without a valid demolition or building permit on file with the Laguna Niguel Building Division to abate said boarded up condition.

2. Which has been left open and unsecured from trespassers, children, vandals, or other public access for an unreasonable period of time.

3. Which is partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

(i) The degree of partial construction or destruction and the cause therefor;

(ii) Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others;

(iii) The degree of visibility, if any, of this condition from adjoining or nearby public or private real property;

(iv) The scope and type of work that is needed to abate this nuisance;

(v) The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions;

(vi) Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions;

(vii) Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city;

(viii) Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire; and

(ix) Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

b. Which is in a condition of significant deterioration or disrepair, which may include but is not limited to, broken or failing fences and walls, buildings with crumbling plaster or stucco, peeling paint/lack of paint, broken or inoperable doors or windows, insufficient weatherproofing, water or other structural damage, or broken, cracked, rotted or buckled exterior walls or roofs, or where such condition otherwise violates, or is contrary to the Laguna Niguel Municipal Code, or federal or State law.

c. Which has defective or insufficient lighting so as to render it dangerous or detrimental to the public health, safety or welfare for an unreasonable period of time.

d. Which has a front yard, parkway, landscaped setback area or slope visible from the public right-of-way which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, or has excessive erosion, so as to cause excessive dust or allow the accumulation of debris.

e. Which has dead vegetation that constitutes an unsightly appearance.

f. Which has an encroachment in required yard setback areas which is not specifically permitted under this Code.

g. Which has attractive nuisances dangerous to children in the form of:

1. Hazardous or unfenced pools, spas, ponds, other bodies of water or excavations; or

2. Neglected, broken, unsecured, or abandoned machinery, appliances, or equipment.

h. Any property or portion thereof in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a nuisance as defined by Civil Code § 3479 and/or 3480.

(7) Improper storage. The storage or maintenance inside or upon or inside any property of any of the following:

a. The keeping, disposal, scattering or accumulation of flammable, combustible, or other materials, including but not limiting to, composting, firewood, lumber, junk, trash, dirt, animal or human feces, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property in interior or exterior areas of buildings or other structures or on real property, which:

1. Renders the premises unsanitary or substandard as defined by the State Housing Law, the Building Code of the City of Laguna Niguel, or other applicable local, State, or Federal law, ordinance, rule, or regulation; or

2. Causes, creates, results in or contributes to, a fire or safety hazard; or

3. Harbors, promotes, or contributes to, the presence of rats, vermin, insects and/or other disease carriers; or

4. Causes, creates, or contributes to, an offensive odor.

b. The storage of hazardous or toxic materials or substances on any property, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

c. Trailers, campers, boats or motor vehicles present on vacant real property, or in front yard areas of developed lots other than in driveways.

d. Inoperative, abandoned, wrecked or dismantled vehicles or parts thereof present on any real property for a period in excess of ten consecutive days, excepting vehicles or parts thereof which are completely enclosed within a building.

This section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from a street or other public or private property. This section shall also not apply to a vehicle or part thereof which is stored or parked in a lawful manner on private real property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined in this division or in any provisions of law other than this division.

e. Abandoned, broken or discarded furniture, household appliances or equipment visible from a public street or other public or private real property for a period in excess of seven consecutive days.

f. Furniture, other than lawn or patio furniture, on porches, or in required front or side yards for an unreasonable period of time.

g. Garbage cans or refuse and recyclable receptacles as described in section 6-3-45 in front or side yards and visible from a public street or other public right-of-way, except as permitted by Title 6 of this Code.

h. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities or businesses that is kept parked, placed, or stored on public or private real property, except when such item is being used during excavation, construction, or demolition operations at the site where said equipment machinery or vehicle is located pursuant to an active permit issued by the city.

i. Obstructions of any kind, cause, or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.

(8) Improper uses. Using, maintaining, allowing, permitting or causing any of the following on real property, including land, building or structure:

a. The use of private real property for the recreational driving of any motor vehicle or other vehicle of any kind, including but not limited to, a motorized bicycle, moped, motor-driven cycle, motorized scooter, as such terms are defined by the California Vehicle Code. This provision does not apply to a motorized self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.

b. The use of any building or other structure, or portion thereof, for living, sleeping or cooking purposes when such building or other structure or portion thereof was not designed or intended to be used for such occupancies.

c. The use of any real property, including any land, building or other structure, or portion thereof, in any manner not permitted by Title 9 of the Laguna Niguel Municipal Code.

d. The use of real property, including any land, building or other structure, for any business or other activity inconsistent with or in violation of the terms and conditions of applicable zoning and land use approvals and approved plans granted by the city.

e. The use of real property conducted without a valid certificate of occupancy, or which has a certificate of occupancy inconsistent with the actual occupancy of the real property.

f. Any condition to occur on any real property, or conducting any use of real property, that conflicts with California law or Federal law.

g. Any discharge of any substance or material, other than storm water, to enter the city's storm sewer system in violation of the Laguna Niguel Municipal Code or any provision of federal or state law, or any permit issued by the city or any other local, state or federal agency.

(9) Infestation. Buildings and other structures shall be kept free from insect and rodent infestation. Buildings or other structures in which insects or rodents are found shall be promptly fumigated to exterminate and/or otherwise eliminate the infestation, by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. Failure or refusal to comply with any provision of this Subsection shall constitute a public nuisance.

(10) Land, the topography, geology, or configuration of which, whether in natural state or as a result of grading operations, excavation, fill, or other alterations, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to or adjacent or other properties, or to the public health, safety and welfare.

(11) Overgrown or dead vegetation. Vegetation and/or weeds that:

a. Cause an obstruction to the vision of motorists or a hazardous condition to pedestrian or vehicle traffic;

b. Cause visual obstruction of any street sign and/or light so as to be detrimental to the public health, safety or welfare.

c. Creates a fire hazard, dangerous condition, or attractive nuisance to the public, or is likely to cause, create, result in or contribute to a hazard to the public health or safety.

d. Constitutes an unsightly appearance due to the failure to comply with applicable customary and reasonable standards for landscape maintenance of residential, commercial or industrial properties within the city.

e. Prevents, impedes or otherwise restricts access to electric, water or gas or other utility meters, or to any other public equipment or facilities, by persons representing the city or any other utility or public agency requiring or seeking access thereto; or

For purposes of this subsection it shall be a presumption that any real property upon which weeds exceeding six inches in height creates any of the conditions set forth in subsection (4)(a) through (e), although weeds of lesser height may also meet such criteria if so determined by the director of community development or his/her designee.

(12) Polluted waters. A swimming pool, spa, pond, excavation containing water, or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted. For purposes of this section, the term "polluted water" means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, waste, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition or obscures the bottom of the swimming pool, spa, pond, or other body of water.

(13) Public burning. The intentional outdoor burning of any personal or real property, including but not limited to, any trees, plants, landscaping, vegetation, waste refuse, trash, material, building, structure, item, matter or thing of any kind unless specifically authorized by the fire marshal. This provision shall not prohibit the burning of wood or coals in a properly maintained and operated outdoor grill in connection with preparation of food.

(14) Refuse and waste. The keeping of any refuse or waste on any property for a period in excess of seven consecutive days. "Refuse or waste" shall include, but is not limited to, an accumulation of any of the following:

a. Any trash or debris of any kind including without limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels; or

b. The accumulation of any garbage or refuse, human or animal excrement or fecal material, uneaten food or food wastes, waste matter or material that emits an offensive odor or encourages the breeding of flies or other insects; or

c. The accumulation of dirt, litter, fences, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas; or

d. Rubbish or trash placed so as to be readily visible from nearby public or private property, except for those times scheduled for collection; or

e. Any property with an accumulation of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fence, or from which any such material flows or seeps on to any public street or other public or private property.

(15) Unsafe buildings and other structures. Any building, flatwork, hardscape or structure which has any of the following conditions or defects:

a. Any door, aisle, passageway, stairway or other means of exit that is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit, in case of fire or other emergency, for persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit.

b. Any damage caused by or resulting from earthquake, wind, flood or by any other cause to such an extent that the structural strength or stability of such building or other structure is appreciably less than the minimum requirements of the building code for a new building or similar structure, purpose or location.

c. Any portion, structural member or appurtenance of a building or structure that is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property.

d. Any structural member, appurtenance or ornamentation on the exterior of any building or structure, or any portion thereof, that 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-load or dead-load as specified in the building code without exceeding the working stresses permitted in the building code.

e. That because of dilapidation, deterioration, decay or faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause or condition, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

f. Is manifestly unsafe for the purpose for which it is used due to any cause or reason whatsoever.

g. Any damage by fire, wind, earthquake or flood or other calamity, or dilapidation or deterioration that constitutes an attractive nuisance to children who might play therein to their danger, or that affords a harbor for trespassers, homeless persons, vagrants, criminals, or immoral persons, or enables persons to resort thereto for the purpose of committing a nuisance, or other unlawful or immoral acts.

h. Any construction in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of this as set forth in the Building Standards Codes or California Health and Safety Code, or of any law or ordinance of this state or city relating to the construction, condition, location or structure of buildings.

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

j. That is used or intended to be used for dwelling purposes that has inadequate light, air and sanitation facilities to protect the health, safety or general welfare of persons living within.

k. That is in such condition as to be a fire hazard or 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.

l. Any building that meets the definition of a substandard building in Uniform Housing Code chapter 10, California Health and Safety Code, or the International Property Maintenance Code (IPMC).

m. Any building or other structure, or any portion thereof, that is maintained in violation of section 8-1-15.

n. Any sidewalk, walkway, driveway, parking lot or any other flat work or hardscape which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said sidewalk, walkway, driveway, parking lot or other flat work or hardscape.

(16) Unlawful signs. Any sign or advertising device or display as defined in Title 9, erected or maintained in violation of the Uniform Building Code, Uniform Electrical Code as adopted by the city, Title 9 of this Code or adopted Specific Plan.

(17) Unsafe swimming pools and other outdoor bodies of water. Any swimming pool, spa, or other outdoor body of water maintained in violation of any of the enclosure requirements contained in Article 2, Division 8 of this title, or any other provision of law.

(18) Utility cabinets. Any utility cabinet, meter pedestal, transformer, irrigation controller, and other equipment on private property and visible from the public right-of-way that (1) is obsolete, dilapidated, deteriorated or damaged, (2) is leaning or has fallen or (3) has faded or peeling paint, rust, or graffiti.

(Ord. No. 2020-205, § 3, 8-4-20)