Martinez Municipal Code Ch. 8.36 Property Nuisances

The City Council finds and declares that it is in the public interest and necessary to protect public health and safety, promote civic pride, and preserve property values, to establish minimum standards for the maintenance of real property by prohibiting specified activities and declaring these activities to be public nuisances subject to abatement or enforcement by any lawful means.

(Ord. 1306 C.S. § 1 Exh. A, 2003; Ord. 1309 C.S. § 1, 2003)

As used in this Chapter, the following terms shall have the following meanings:

A.

"Attractive nuisance"

means any condition, machine or instrumentality which is unsafe or unprotected and thereby dangerous to young children, and which may reasonably be expected to attract young children to the property and to risk injury by playing with, in or on it.

B.

"Building official"

means the Director of the Building Department or his or her designated representative who is authorized and directed to enforce this Chapter.

C.

"Dwelling"

shall have the same meaning as set forth in Section 22.04.150.

D.

"Dwelling unit"

shall have the same meaning as set forth in Section 22.04.160.

E.

"Real property"

means a lot located in any zoning district upon which is located a dwelling or dwelling unit, or other structure.

(Ord. 1306 C.S. § 1 Exh. A, 2003; Ord. 1309 C.S. § 1, 2003)

No person owning, leasing, renting, occupying, or having charge or possession of real property shall maintain or allow the maintenance of the property in such a manner that any of the following conditions exist on the property:

A. Any building or structure which is structurally unsafe, partially destroyed, permitted to remain in an unreasonable state of partial construction, a fire hazard, or otherwise dangerous, regardless of the issuance of a building permit to initiate correction of the condition;

B. Building exteriors, walls, roofs, fences, accessory structures, driveways, sidewalks, walkways, or alleys that are maintained in a condition of deterioration or disrepair. A state of disrepair includes maintaining tarps or other covers over any portion of the property;

C. Unpainted structures, structures with peeling paint, cracked or broken stucco, visible decay, warping, termite infestation, or other deteriorating exterior covering or finish, in excess of four square feet of any single facade (i.e., any exterior side) of a structure, or any structures in which the exterior paint, covering, or finish has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, warping, or termite infestation as to render the building unsightly or in a state of disrepair;

D. Broken, cracked, or missing windows or doors, including but not limited to windows and/or doors containing broken or no glass at all, where the window or door is of a type which would normally contain glass; or unsecured doors inviting trespass;

1. Plywood or other material used to cover window and/or door space may be used as a temporary, emergency repair. However, the property owner must replace such plywood with functioning window(s) and/or door(s) within 90 days from the installation of any such plywood, unless the Chief Building Official or designee authorizes a longer period in writing. If plywood coverings will be in place for longer than 10 days, then the property owner must paint the plywood coverings in a paint color matching the exterior of the structure and maintain the plywood coverings in good condition until such time as the window(s) and/or door(s) will replace the plywood coverings;

E. Roofs with missing shingles, tile, or other material used as roof composition; roofing material that is loose or unstable; or roofs covered with material not manufactured as a roofing product;

F. Improperly maintained (torn, tattered, shredded, broken, rusted) awnings;

G. Fences, walls, or gates with peeling paint, broken bricks, broken mortar, cracked or broken stucco, or which are not constructed of uniform materials or in a uniform manner;

H. Storing or allowing the storage of, in outdoor areas visible from public rights-of-way or neighboring properties:

1. Discarded, abandoned, neglected, or broken furniture, appliances, equipment, or machinery; or

2. Personal belongings that are not designed to withstand the elements; or

3. Construction materials, except when permitted construction is occurring nearby;

I. Accumulating any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid, on any part of or in any structure on real property in such a manner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

J. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered or not otherwise properly maintained, resulting in polluted or stagnant water;

K. Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps or walkways in a hazardous condition due to cracked, raised, or missing surface material;

L. Landscaping, weeds, or vegetation that:

1. Is overgrown, dead, decayed, or diseased; or

2. Constitutes a fire hazard, or a condition considered dangerous to the public health, safety, or general welfare; or

3. Is likely to harbor rats, rodents, vermin, or other similar infestations or vectors; or

4. Encroaches upon a public right-of-way; or

5. Restricts or impedes the use of a public right-of-way, easement, sidewalk, or roadway; obstructs street signs or traffic signal lights; or impedes streetlights from illuminating the public right-of-way, easement, sidewalk, or roadway; or

6. Includes branches that (a) allow a clearance of less than 14 feet in height above any vehicular way or right-of-way dedicated to the public, or a clearance of less than eight feet over any sidewalk, or that (b) otherwise restricts, impedes, or obstructs pedestrian or emergency access of said public right-of-way, easement, or roadway; or

7. Is detrimental to aesthetic and property values in the neighborhood or otherwise detrimental to the public welfare; or

8. Is not regularly maintained, irrigated, mowed, or trimmed;

M. Rubbish, refuse, and/or waste materials (including but not limited to lumber, junk, trash, debris, automotive parts or tools, salvage materials, household appliances, fixtures, or equipment, but excluding stacked firewood (not to exceed one cord of such wood) for use on the premises) that is:

1. Accumulated on private property;

2. Accumulated on any public property or right-of-way;

3. Not properly contained and disposed of; or

4. Which, by reason of its location or character, may constitute a fire hazard or threat to the public health, safety, and general welfare, including aesthetic impacts, of the surrounding area;

N. Land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, modifications or excavation, causes erosion, subsidence, or surface water drainage problems that may be potentially injurious to the public health, safety, and welfare or to adjacent properties;

O. Allowing obstructions to water flow to occur or develop within a natural drainage whether from a natural state, vegetative growth, placement of fill or any structures, or an object from an upstream location;

P. Abandoned shopping carts, broken or discarded appliances and furniture, or furniture not intended and manufactured for outdoor use;

Q. Garbage or trash cans in violation of Section 8.16.190 or 8.16.200;

R. Boats, trailers, motorcycles, recreational vehicles, trailers, campers, boats, or parts thereof, or other articles of personal property that are abandoned, dismantled, wrecked, inoperable, or left in a state of partial construction or repair, except:

1. When completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or

2. When stored or parked in a lawful manner on private property in connection with the business or a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

S. Construction and wood debris, vegetation cuttings or clippings, not contained within a waste containers meeting the requirements of Chapter 8.16;

T. Compost piles to the extent that they attract vermin or flies, or emit offensive odors, are a public health and safety hazard due to pathogens or improper decomposition;

U. An attractive nuisance dangerous to children, including, but not limited to, open excavations; unsecured, abandoned, broken, or neglected household appliances (e.g., refrigerators, freezers, etc.), equipment, or machinery; unsecured storage containers; liquid cleaning materials; chemicals; unsecured pools, ponds, or other bodies of water;

V. The outdoor cultivation of cannabis plants in any stage of growth whatsoever, including, but not limited to, mature or immature plants, clones, seedlings or germinating seeds;

W. Commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Cal. Bus. & Prof. Code § 26000) of the Business and Professions Code and Chapter 5.29 (Commercial Cannabis);

X. Any building or structure that is abandoned or vacated, or caused to be abandoned or vacated, so that:

1. It becomes accessible to unauthorized persons; or

2. It is used for storage, use, or manufacture of unlawful or hazardous materials; or

3. It becomes infested with insects, vermin, or rodents; or

4. The inside or outside of the premises contains any waste, rubbish, debris, excessive vegetation, or graffiti; or

5. It attracts or harbors criminal activities; or

6. It becomes a threat to public health or safety; or

7. It is left open and accessible and/or is not secured in accordance with Chapter 8.38 (Vacant Commercial Structures) or Chapter 8.40 (Regulation of Vacant Property);

Y. Obstruction of or unpermitted encroachment into, on, under, over, or upon any public property, including but not limited to any public street, highway, right-of-way, park, or building;

Z. Individual sewage disposal systems in violation of Chapter 13.16 (Individual Systems);

AA. The renting of a residential dwelling, or any portion of a residential dwelling, to a person or persons for less than 30 consecutive days;

BB. A violation of any provision of, or condition of approval imposed in connection with, a lease, permit, license, franchise, agreement, certificate, or other entitlement issued by the City, whether temporary or permanent, including, for example and without limitation, a rezone, variance, or subdivision approval.

(Ord. 1306 C.S. § 1 Exh. A, 2003; Ord. 1309 C.S. § 1, 2003; Ord. No. 1380 C.S., § 4, 5/7/2014; Ord. No. 1478, 10/22/2025)

Any real property maintained in a condition that violates Section 8.36.030 is declared to be a public nuisance. The condition may be abated pursuant to Chapters 1.12 or 1.13 or by any other remedy provided by law.

(Ord. 1306 C.S. § 1 Exh. A, 2003; Ord. 1309 C.S. § 1, 2003)