Montclair Municipal Code Art. 1 Nuisances Enumerated

A. Findings. The City Council finds and declares as follows:

1. Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.

3. California Government Code Section 38772 et seq. further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.

4. 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.

B. Purpose and Intent. The purpose and intent of this chapter are as follows:

1. To define as public 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 are 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 of conditions of appearance, habitability, occupancy, use, and safety of all structures and premises in the City.

3. To establish administrative procedures for the City's use, upon its election, to, correct or abate violations of this chapter on real property throughout the City.

4. Nothing in this chapter shall be deemed to prevent the City at any time from commencing an administrative, civil, or criminal proceeding to abate a public nuisance or from pursuing other means available to it under the provisions of any applicable law to correct substandard, hazardous, or nuisance conditions or deficiencies in real property in addition to or as an alternative to the proceedings set forth herein.

5. This chapter is not the exclusive regulation of property maintenance, nor is it intended to affect or otherwise alter nuisance abatement procedures established or that may be established in other chapters of this Code. It shall be supplemental and in addition to other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, State of California, or other legal entity or agency having jurisdiction.

6. This chapter is not intended to be applied, construed, or given effect in a manner that imposes upon the City, or upon any officer or employee thereof, any duty towards persons or property within the City or outside of the City that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. No. 09-911, § 3, 1-4-10)

The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to maintain, real property or premises in the City in such a manner that:

A. Any one or more of the following conditions are found to exist thereon:

1. Land, the topography, geology, or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety, and welfare or to adjacent properties including, but not limited to:

a. Accumulations of uncompacted fill over three feet in height over predominant grade and contrary to adjacent contour for any period of time.

2. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant for a period of more than six months.

3. Buildings or other structures, or portions thereof, that are 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:

a. The degree of partial construction or destruction and the cause therefor.

b. 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.

c. The degree of visibility, if any, of this condition from public or adjoining private real property.

d. The scope and type of work that is needed to abate this nuisance.

e. 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.

f. 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.

g. 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.

h. 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.

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

4. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, driveways and parking areas, that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties; or where such condition otherwise violates, or is contrary to, the Montclair Municipal Code, or State law.

5. Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates, or is contrary to, the Montclair Municipal Code or State law.

6. 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.

7. Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause or promote the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco, or other exterior covering.

8. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

9. Windows or doors that remain boarded up or sealed after 10 calendar days written City notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.

10. Any form of an attractive nuisance.

11. Abandoned personal property that is visible from public or private property.

12. Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Montclair Municipal Code, or items of junk, trash, debris, or other personal property that are visible from public or private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Montclair Zoning Ordinance (including all approvals and permits required thereby), and all other applicable provisions of the Montclair Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

13. The keeping or disposing of, or the scattering or accumulating of flammable, combustible, or other materials including, but not limited to, composting, firewood, lumber, junk, trash, 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 structures, when such items or accumulations:

a. Render premises unsanitary or substandard as defined by the Montclair Housing Code, the State Housing Law, the Montclair Building Code, or other applicable local, state, or federal law, rule, or regulation.

b. Violate the San Bernardino County Health Code.

c. Cause, create, or tend to contribute to, a fire or safety hazard.

d. Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects.

e. Create, or tend to contribute to, an offensive odor.

f. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values. Provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Montclair Zoning Ordinance, and all other applicable provisions of the Montclair Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

14. Overgrown vegetation including, but not limited to, any one of the following:

a. Vegetation likely to harbor or promote the presence of rats, vermin and/or insects.

b. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

i. Lawns with grass in excess of 6 inches in height.

ii. Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.

iii. Front and side yard vegetable gardens/plants visible from public streets.

c. Vegetation that creates or promotes the existence of a fire hazard.

d. Vegetation that overhangs or grows onto or into any public property including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-of-way so as to cause an obstruction to any person or vehicle using such public property.

e. Tree branches or other vegetation within 2 feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

15. Dead, decayed, diseased, or hazardous trees, weeds, ground cover, and other vegetation or the absence of healthful vegetation that causes, contributes to, or promotes any one of the following conditions or consequences:

a. An attractive nuisance;

b. A fire hazard;

c. The creation or promotion of dust or soil erosion;

d. A diminution in property values;

e. A detriment to public health, safety, or welfare.

16. Lack of landscaped area in the front yard and corner lot side yard setback of each lot zoned A, R-1, R-2, R-3 or SL that is not covered in allowed hardscape as provided in subsection (A)(2) of this section. All such front-yard area and setback on any improved property other than that covered in allowed hardscape shall be a landscaped area as defined herein. Exceptions to landscaped area requirements are:

a. Dormant plants and/or seasonal grasses;

b. Major landscape rehabilitation of the property (not to exceed 180 consecutive days).

17. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in parking areas or front or side yards, such that said containers are visible from public streets, except when placed in approved areas for collection at times permitted and in full compliance with this Code.

a. Waste containers, yard waste containers, and recycling containers may be placed at an approved collection location in public view no earlier than 24 hours before scheduled pickup to 10:00 p.m. on the day of scheduled pickup.

b. Dumpsters or storage bins may be located in front yard areas when a building permit that covers excavation, construction, or demolition operations is in full force and effect or for a period not to exceed 72 hours for general cleanup of the subject property.

18. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front or side yards abutting a public street and that is open to view from the street.

19. Abandoned, dismantled, inoperable, or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

20. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment parked or stored for in violation of any provision of the Montclair Municipal Code, including the Montclair Zoning Ordinance.

21. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property, except when parked, placed, or stored pursuant to a valid permit issued by the City.

22. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities 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.

23. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or that are otherwise in violation of, or contrary to, the Montclair Zoning Ordinance.

24. Specialty structures that have been constructed for a specific single use only, and that are unfeasible to convert to other uses, and that are abandoned, partially destroyed, or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulkheads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures that support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high-rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

25. Any building, structure, or personal property that obstructs or encroaches on any public property including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-of-way unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

26. Causing, maintaining, or permitting graffiti or other defacement of real or personal property, as defined in the Montclair Municipal Code or other applicable State law, to be present or remain on a building, structure, or vehicle, or portion thereof, that is visible from a public right-of-way or from private real property.

27. Storage of hazardous or toxic materials or substances on real property, as so classified by any local, state or federal laws or regulations, 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.

28. Unsanitary, polluted, or unhealthful pools, ponds, standing water, or excavations containing water, whether or not they are attractive nuisances but that are nevertheless likely to harbor mosquitoes, insects, or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water that is unclear, murky, clouded, or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or bodies of water that are abandoned, neglected, unfiltered, or otherwise improperly maintained.

29. Any discharge of any substance or material other than stormwater that enters, or could possibly enter, the City's storm drain system in violation of the Montclair Municipal Code.

30. Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:

a. A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered.

b. Covering with a tarp performed pursuant to an active building or grading permit.

31. Maintenance of any tarp or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

32. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property.

33. The use, parking, or storing of any recreational vehicle as temporary or permanent living space.

34. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

35. Any condition recognized in local or state law or in equity as constituting a public nuisance or any condition existing on real property that constitutes, or tends to constitute, blight or that is a health or safety hazard to the community or neighboring properties.

B. Any building or structure, or portion thereof, or the premises on which the same is located in which there exists any of the conditions listed in Section 17920.3 of the California Health and Safety Code and any future amendments thereto.

C. Any building or structure, or portion thereof, or the premises on which same is located in which there exists any of the conditions listed in Chapter 10 of the 1997 Uniform Housing Code as adopted by the Montclair Municipal Code.

D. Any "dangerous building" as defined by the Code for the 1997 Code for the Abatement of Dangerous Buildings as adopted by the Montclair Municipal Code.

E. Any "unsafe structure and/or equipment" as defined by the California Building Code as adopted by the Montclair Municipal Code.

F. Any building or structure used by any person to engage in acts that are prohibited pursuant to the laws of the United States or the State of California, the provisions of the Montclair Municipal Code, or any other Ordinance of this City including, but not limited to, the following acts:

1. Unlawful possession, use, manufacturing, and/or sale of controlled substances;

2. Prostitution;

3. Unlawful gambling.

G. Any condition, use, or activity that constitutes a public nuisance as defined by Sections 3479 or 3480 of the California Civil Code and any future amendments thereto.

H. Any building, structure, or use of real property that violates or fails to comply with (i) any applicable approval, permit, license, or entitlement or condition relating thereto; (ii) any ordinance of the City, including, but not limited to any provision of this Code; or (iii) any applicable county, state, or federal law or regulation.

(Ord. No. 09-911, § 3, 1-4-10; Ord. No. 10-913, § 1, 7-6-10)

A. Notwithstanding any other provision of the Montclair Municipal Code to the contrary, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapter 1.12 of Title 1 of this Code.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. No. 09-911, § 3, 1-4-10)