Manhattan Beach Municipal Code Ch. 4.60 Miscellaneous Offenses—dangerous and Defective Conditions

In adopting this chapter the Council is mindful of the fact that in the past dangerous and defective conditions of properties have resulted in great injury and damage to persons and property and in many instances to the loss of lives, and the Council is desirous of eliminating from the City all dangerous and defective conditions, so far as reasonably possible; and the Council further realize that in every metropolitan community many dangerous situations may exist and be developed in the lawful pursuit of industry and of commercial activity and in the possession, ownership and enjoyment of property, but the Council also feels that in all such cases due and adequate steps, precautions and provisions should be provided, established, taken and maintained to effectively guard against accidents, injuries and damages due to such conditions. The Council feels any failure to take such steps, precautions and provisions should be construed as constituting wilfulness on the part of the parties responsible therefor, or who own, possess or control the property upon which such conditions exist, and that such parties should be liable to and for the penalties prescribed by this Code.

(§ 2, Ord. 648)

It shall be unlawful for any person, whether as principal, agent, employee, servant, representative or otherwise, owning, possessing or controlling any real property within the City to wilfully create, maintain, permit or allow to exist, be in or upon any property so owned, possessed or controlled by him any dangerous or defective structure, accumulation, pile or arrangement of any material, excavation, growth, instrumentality, condition or means of any kind, which by reason of its existence, location, accessibility, nature, concealment, construction, weakness, arrangement, position or character is apt or liable to cause injury or damage to persons or property, or which constitutes a then present menace or threat to life or property.

(§ 1, Ord. 648)

The Council, pursuant to the power and authority vested in it so to do under the provisions of Section 38771 of the Government Code of the State, does hereby find and declare that any dangerous or defective structure, accumulation, pile or arrangement of any material, excavation, growth, instrumentality, condition or means of any kind, which by reason of its existence, location, accessibility, nature, concealment, construction, weakness, arrangement, position or character, is apt or liable to cause injury or damage to persons or property, or which constitutes a then present menace or threat to life or property, constitutes and is a nuisance and shall be subject to abatement as such by civil action or summarily as provided by law.

(§ 3, Ord. 648)