Morgan Hill Municipal Code Ch. 9.15 Nuisances

A "nuisance" or "public nuisance" is defined as an act or omission which interferes with the public health, comfort and convenience or by California Civil Code Section 3479, California Penal Code Section 370, case law interpreting such code sections or applicable sections of the Morgan Hill Municipal Code.

(Ord. 1362 N.S. § 1 (part), 1997)

Any one of the following acts or omissions shall constitute a "nuisance per se," which may be abated pursuant to Chapter 1.18, upon proof that the nuisance per se exists:

A. The maintenance or tolerance of any building or condition that violates the Uniform Building, Electrical, Plumbing, Mechanical, Fire, Abatement of Dangerous Buildings, or Uniform Housing Codes as adopted by the city of Morgan Hill, or which violate any provision of state or federal law relating to health, safety, and/or environmental protection. Buildings in existence at the time of the adoption of the ordinance codified in this chapter may have their existing use or occupancy continued, if such use or occupancy was legal at the time of adoption of the codes they were constructed under, provided such continued use is not dangerous to life.

B. The maintenance of the exterior of any vacant or unoccupied building, or of any fence, wall, or vegetation located on vacant or unoccupied premises or of the interior of any vacant or unoccupied building which is readily visible from any public street or adjacent parcel of property in a state so as to constitute a hazard to health, safety and welfare or constitute an attractive nuisance.

C. Maintaining or managing, or failing to maintain or manage, slopes, debris, erosion, protection structures or the growth of vegetation, including trees, shrubs, weeds, and ornamental flowers and plants, in such a manner as to restrict or inhibit the flow of waters, including storm and flood waters, in any natural stream or creek bed.

D. Maintenance of any premises so as to constitute a fire hazard or a harbor for rats, vermin, or insects by reason of wood, rank overgrowth, or an accumulation of debris, whether the same be a causative or only a contributive factor, or which causes detriment to neighborhood properties or property values.

E. Maintenance of any attractive nuisance dangerous to children and consisting of abandoned or broken motor vehicles and equipment; hazardous pools, ponds, or excavations; abandoned, neglected, unused, or unprotected machinery; or any unprotected pool or unprotected reservoir, whether or not the same contains any water or liquid.

F. Maintenance of trees on private property in such a manner that the branches of the trees restrict or impede access to or public use of adjacent sidewalks or streets; obstruct official traffic control devices, including traffic signs and signals.

G. Any encroachment on a public street or right of way for which no encroachment permit has been issued, and any fence, wall or other permanent structure which has been erected in violation of this code and which encroaches upon any public right-of-way; or for which an encroachment permit has been issued, but the encroachment exceeds the terms of the encroachment permit or creates a danger to public safety.

H. Any other condition recognized in law or in equity as constituting a public nuisance.

I. Any violation of any provision of the Morgan Hill Municipal Code, including but not limited to provisions which further define a nuisance or public nuisance.

J. Every other activity, use of property, or condition of property which the city council may from time to time declare to be a nuisance pursuant to state law.

(Ord. 1362 N.S. § 1 (part), 1997)