Modesto Municipal Code Art. 5 Nuisance Conditions

A public nuisance consists of doing any act, or permitting or allowing any condition or thing to exist, occur, or accumulate upon any property within the City that is injurious to health, indecent or 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 and endangers the health or safety of others.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

All properties within the City of Modesto or portions thereof which are determined to be in violation as defined in this chapter, are hereby declared to be public nuisances and shall be abated by cleaning, restoring, desisting the use or violation, board-up, painting, monitoring, fencing or removal in accordance with the procedures set forth in Article 6 of Chapter 6 of Title 1 of the Modesto Municipal Code.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful, and constitutes a public nuisance to place wires, cables, hoses, including unattended garden hoses, and other objects across or on public sidewalks in such a manner that they may cause a tripping or other hazard for those using the sidewalk, or otherwise substantially impair the public use of the sidewalk.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful, and constitutes a public nuisance, to allow on property in public view within the City, exterior perimeter walls and fences that either are structurally unsound so as to constitute a hazard to persons or property or are partially destroyed or permitted to remain in a state of partial construction for a period of one hundred eighty (180) days or more, and which by reason of such condition are either defective or are in such a condition of deterioration or disrepair that they are considered visual blight.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful and constitutes a public nuisance for any responsible party or owner of any property in the City to fail to install, or to fail to use, reasonable security measures to prevent unauthorized entry into any vacant or uninhabited building upon such property. Except when the owner or responsible party is personally upon the property, all exterior openings, such as doors and windows, affording entry into any building upon such property shall be reasonably secured against unauthorized entry into such building in accordance with Section 9-9.605 of this Code.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful and constitutes a public nuisance for any responsible party to park vehicles on unimproved surfaces like dirt or any other surfaces which are in violation of Sections 10-2.2001 and 10-2.2005 of this Code, and will contribute to elicit discharges, in violation of Sections 5-10.102, 5-10.201, 5-10.204 and/or 5-10.205 of this Code. The purpose of this section is to protect and control the pollutants being discharged into the City of Modesto's MS4 system.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful and constitutes a public nuisance for any responsible party to fail to install, remove or fail to maintain in good repair any fencing required as a condition of any permit or development approval or included in the project plans or application, as approved by the City, including, but not limited to, those fences which abut major thoroughfares, sound walls, fences securing a swimming pool or those fences required by a variance, use permit, or plan development. Any required fence must be maintained so as to match the materials used when the fence was originally constructed.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful and constitutes a public nuisance for any responsible party to engage in any land use which causes an unreasonable amount of noise, light, odor, dust, mud, vibration or electrical interference which adversely affects the lawful use of adjoining properties.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful, and a public nuisance, for any responsible party, to maintain or allow to be maintained, permit or cause the property, including adjacent parkways, sidewalks, alleys or streets, to be maintained with any of the following conditions which are visible from the street, sidewalk, alley or public right-of-way:

(a) The accumulation of weeds, dirt, litter, rubbish or debris on the property to such an extent that it constitutes visual blight.

(b) Neglected or inadequately maintained landscaping, trees, hedges, lawns, shrubs, plants or other vegetation which:

(1) Is dead, decayed, diseased, debris laden, weed infested, overgrown, or dying as a result of neglect, physical damage, disease, pest infestation or lack of water;

(2) Is overgrown as to be blighted or likely to harbor rats or vermin;

(3) Could create a fire hazard or is otherwise dangerous to the public health, safety, and welfare;

(4) Interferes with or impedes the flow of traffic, whether vehicular or pedestrian, or obstructs visibility on streets, intersections, clear vision triangles, sidewalks, alleys or other public rights-of-way or is in violation as defined in Section 10-2.2314 of this Code; or

(5) Creates a blighted appearance due to lack of water; provided, however, that the provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought, as determined by the City's Water Contingency Plan. For purposes of this subsection, a lawn area shall be deemed overgrown if any part exceeds twelve (12) inches in height.

(c) Fences, walls, doors, windows, trash enclosures, parking areas, parking lots or other structures, which are:

(1) Significantly cracked or broken, fallen, decayed, dry-rotted, warped, deteriorated, defective, defaced, in disrepair or missing components, or which either (a) threaten structural integrity, or (b) result in a dilapidated, decaying, disfigured, or partially ruined appearance to such an extent that they contribute to blight or threaten the public health, safety or welfare;

(2) Leaning or listing more than fifteen (15) degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot, lack of maintenance or other damage;

(3) In a state of partial construction for a period of one hundred eighty (180) days or more; or

(4) Poorly maintained so as to become so defective, blighted, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements.

(d) Accumulated junk, as that term is defined in article.

(e) Accumulated unsanitary or stagnant water caused by:

(1) Hazardous pools, spas, ponds, and excavations; or

(2) Improper grading or poor grading maintenance.

(f) Non-permitted land uses in violation of the zoning code, including, but not limited to:

(1) Residential property uses such as repair shops, non-permitted home businesses, unlicensed home businesses, allowing boarders in violation of Section 10-2.502 of this Code, unlicensed residential care facilities, unlicensed day care facilities that cares for nine (9) or more people, failure to comply with all conditions of the planned development, conditional use permits or variances, living in any mobile living quarters in violation of Sections 10-2.2901 and 10-2.2902 of this Code or graffiti on the exterior of any building, fence or other structure.

(2) Nonresidential property uses such as unlawful signs, non-permitted uses, unlicensed businesses, failure to comply with all provisions of the planned development, conditional use permits or variances, living in any mobile living quarters in violation of Sections 10-2.2901 and 10-2.2902 of this Code, or graffiti on the exterior of any building, fence, or other structure.

(3) Any property failure to comply with all provisions of the planned development or use permits parking or storing of vehicles in violation of Sections 10-2.2001 and 10-2.2005 of this Code, and will contribute to elicit discharges, in violation of Sections 5-10.102, 5-10.201, 5-10.204 and/or 5-10.205 of this Code. The purpose of this section is to protect and control the pollutants being discharged into the City of Modesto's MS4 system.

(g) Broken windows constituting blighted or hazardous conditions or which invite trespassers and malicious mischief.

(h) Any article, equipment, or fixture that 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.

(i) Any blighted condition, or condition of deterioration or disrepair that causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements.

(j) The use of buildings, or portions thereof, for living, sleeping, cooking or dining purposes when such buildings, or portions thereof, were not designed or intended to be used for such purposes.

(k) Any hazardous or unsanitary condition as determined by the Health Officer.

(l) Any device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause also know as fire hazard.

(m) Any public nuisance known at common law or in equity jurisprudence.

(n) Any attractive nuisance, which is defined as any condition which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This shall include any abandoned wells, abandoned swimming pools or spas, shafts, basements or excavations, abandoned refrigerators and motor vehicles, and any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(o) Conditions which are dangerous to the life, limb, health or safety of the general public or building occupants.

(p) Inadequate or unsanitary sewage or plumbing hook-ups that have a potential to discharge sewage or any other pollutant onto or into the ground.

(q) Conditions which have a potential to cause the discharge of any known pollutants onto or into the ground.

(r) Any building or structure or condition existing on a property which is defined as a public nuisance under this Code.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)

It is unlawful, and a public nuisance, for any responsible party to maintain or allow to be maintained, permit or cause the property to be maintained with any of the following conditions not in public view.

(a) The accumulation of weeds, vegetation, junk, organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes fire, health or safety hazards.

(b) Any device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(c) Any public nuisance known at common law or in equity jurisprudence.

(d) Attractive nuisances, which are defined as any condition which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, abandoned swimming pools or spas, shafts, basements or excavations, abandoned refrigerators and motor vehicles, structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

(e) Conditions which are dangerous to the life, limb, health or safety of the general public or building occupants.

(f) Any condition in violation of Section 4-12.1403 of this Code.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)