Article 4 — RESIDENTIAL PROPERTY MAINTENANCE STANDARDS

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or more of the following described conditions are found to exist:

• a. Overgrown, diseased, dead or decayed trees, shrubbery, weeds, lawns or other vegetation that:

  • 1. Constitutes a fire hazard or other condition that is dangerous to the public peace, health, safety, welfare; or
  • 2. Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or
  • 3. Is overgrown onto a public right-of-way at least six inches.

• b. Any trees, shrubbery, or other vegetation that overhang onto streets and sidewalks and are not trimmed or maintained in accordance with the following standards:

  • 1. At least twelve (12) feet above the street and gutter along streets which are not used for bus routes.
  • 2. At least eight feet above the entire sidewalk.
  • 3. At least sixteen (16) feet above the street and gutter along streets which are used for bus routes.

• c. Any trees, shrubbery or other vegetation that is completely dead, over eight inches in height and covers more than fifty percent (50%) of the front or side yard visible from any public street.

• d. A violation of any landscaping requirement under an applicable development permit.

• e. The improved surface of the property exceeds fifty percent (50%) of the required front yard area setback (including the driveway), except when the property is developed in a manner consistent with Section 9.1.1122(f), or enhancements to required front yards include improved surfaces consisting of drought tolerant and decorative hardscape that is designed and located in a manner where it may not be accessed by vehicles, or used as parking for vehicles, subject to review and approval of the Code Enforcement Manager.

• f. A property on which the unimproved surfaces are not maintained in good condition or repair, including without limitation any property which contains excessive weeds, rubbish or debris. Landscaping shall be installed and maintained in any unimproved portion of the front and side yards that is visible from any public right-of-way. If only Decorative Landscaping is used to meet the requirements of this section, "Weed Block" shall also be used.

• (Ord. 18-16, 8/9/2016)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.404

§ 4.29.406

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or more of the following described conditions are found to exist:

• a. The accumulation of garbage, refuse, or rubbish

  • i. In any area which is visible from a public street for a period of more than seven (7) consecutive days; or

  • ii. In such a manner as to threaten the public health, safety or welfare; or

  • iii. In such a manner so as to create a significant blight upon the surrounding neighborhood.

• b. The accumulation of construction materials, including wood, dirt, rubbish or other debris in any area which is visible from a public street for more than thirty (30) consecutive days, where there is no valid current building or demolition permit on the property.

• c. The keeping or storage of garbage, refuse or recycling containers, carts, trashcans or shopping carts in a location that is visible from a public street for more than twenty-four (24) hours following the scheduled pickup date. For lots that do not have side yard access, such containers shall be screened from public view and placed behind the front yard setback.

• d. The placement of storage containers, shipping containers, cargo containers, box cars, moving containers, within the front yard setback up to two (2) times per calendar year, for no more than thirty (30) consecutive days on each occasion. Where there is a valid current building or demolition permit on the property, the Chief Building Official may allow an extension of these timeframes as part of the building permit process.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or more of the following described conditions are found to exist:

• a. An attractive nuisance in any area which is unsecured, accessible to the public or substantially screened from view from a public street. For purposes of this section, an area is deemed to be "substantially screened" if it is completely enclosed by a "Closed Fence" as defined in Section 9.1.202(b)36.a. or an "Open Fence" as defined in Section 9.1.202(b)36.b. of the Municipal Code.

• b. Any wall or fence in a condition where it is missing a fence board, or any portion thereof, or is kept in any other poorly maintained condition. For purposes of this section, a poorly maintained condition shall include any fence that is sagging, leaning, fallen, decayed or is otherwise structurally unsound or unsafe and which is visible from any public right-of-way for a period of more than (30) consecutive days.

• c. Any hazardous condition including without limitation:

  • i. Any condition or object, including landscaping, motor vehicles, fencing or signs that

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City of Oakley, CA § 4.29.406

OAKLEY CODE

§ 4.29.408

obscures the visibility of traffic, pedestrians, or street intersections in a manner that constitutes a hazard.

• ii. Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming a Polluted Water.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to engage in or allow others to engage in any one or more of the following activities on such property:

• a. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting or servicing, in the front yard setback, any motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property. Nothing in this section shall prohibit the routine maintenance of personal property that is owned, leased or rented by the owner, lessee, or occupant of the property so long as (1) any routine maintenance performed shall be completed within a seventy-two (72) consecutive hour period, (2) the activity does not result in a violation of Section 4.1.102, et seq., of this Code (3) the property is cleaned of all debris, oil, grease, gasoline, cloths, rags, equipment or other materials used in the work and (4) the property is left in a condition so as not to create a hazard to persons or property. For purposes of this section, routine maintenance means and includes changing oil and tires, replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs, and similar work but not major auto repairs.

• b. The parking of any motor vehicle, trailer, camper or boat on any unimproved surface, unless it is located outside of the required front yard setback and screened by a minimum six-foot-tall solid fence. For the purpose of this subsection, a resident is allowed to park no more than two trailers, campers or boats in the front yard setback, on a legally established driveway per Section 9.1.1122(f). The trailer, camper or boat must be registered to the owner or renter of the property where it is parked. This allowance shall not supersede any CC&R or home owner association provisions that may prohibit this parking.

• c. The parking of any disabled vehicle, boat, camper or trailer, or any that appear inoperable, within the front yard or side yard setback from a period of more than seventy-two (72) hours. Any of the following characteristics shall apply to this subsection: flat tire or tires; litter or vegetation under the vehicle; significant body damage; lack of a motor, doors or other body parts; broken window or windows.

• d. Welding or burning operations at any time in any front or street side yard setback.

• e. The use of any motor vehicle for living or sleeping quarters in any place in the City, except in a location lawfully operated as a mobile home park or travel trailer park, subject to the following:

  • i. Nothing contained in this section shall be deemed to prohibit bona fide guests of a City resident from occupying a recreational vehicle upon residential premises with the consent of the resident for a period not to exceed seven (7) days, as long as it is parked on an improved surface.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.408

§ 4.29.410

• ii. Any recreational vehicle so used shall not discharge any waste or sewage into the sewer system except through the residential discharge connection of the residential premises on which the recreational vehicle is parked.

• (Ord. 04-13, 4/9/2013; Ord. 18-14, 11/18/2014; Ord. 18-16, 8/9/2016; Ord. 12-18, 8/14/2018)

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or more of the following described conditions are found to exist:

• a. Any unsecured building or structure. For purposes of this section, an unsecured building or structure shall mean:

  • i. Any building or structure which is inhabited, occupied or used without the consent of the owner or the agent of the owner; or

  • ii. Any building or structure to which unauthorized persons can readily gain entry without the consent of the owner or the agent of the owner; or

  • iii. Any vacant building or structure which contains broken, missing or unsecured windows, doors or other openings for more than seventy-two (72) consecutive hours; or

  • iv. Any occupied building or structure which contains broken, missing or unsecured windows, doors or other openings within public view for more than fourteen (14) consecutive days.

• b. Any building or structure which is kept or maintained in a state of disrepair. For purposes of this section, a building or structure "in a state of disrepair" means:

  • i. Exterior walls or roof covering have become deteriorated, do not provide adequate weather protection, or which evidence the presence of termite infestation or dry rot; or

  • ii. Broken, missing or unsecured windows, doors or other openings in the building or structure that create a hazardous condition, a potential attraction to trespassers or result in an unsecured building or structure as defined in Section 4.29.310(a); or

  • iii. Boarded up windows, doors or other openings in an occupied building or structure for more than thirty (30) consecutive days, unless the Chief Building Official has granted an extension of time in which to make repairs or otherwise abate the condition; or

  • iv. The maintenance of any building or structure in a state of substantial deterioration, including without limitation the substantial peeling of paint on an exterior façade; exterior walls or roofs that do not provide adequate weather protection; or exterior walls or roofs which show evidence of the presence of termite infestation or dry rot, or damaged porches, broken steps or walkways to the extent that the disrepair is visible from a public street; or

  • v. Any building or structure which, by reason of obsolescence, has inadequate electrical wiring, gas connections, heating apparatus, or other deficiencies that cause a fire hazard and is so situated as to endanger life or other buildings or property in the

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City of Oakley, CA § 4.29.410

OAKLEY CODE

§ 4.29.414

vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause; or

• vi. Any building or structure in which the stress of any material member, or portion thereof, of a structure, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the California Building Code; or

• vii. Any building or structure, or any portion thereof, which has been damaged by earthquake, wind, flood or by any other cause, or has become so dilapidated or deteriorated such that the structural strength or stability thereof is appreciably less than it was before such damage was incurred and is less than the minimum requirements of this Code for a new building or similar structure; or

  • viii. Any building or structure, or any portion thereof, which has been damaged by earthquake, wind, flood or by any other cause, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children who might enter the same or remain therein to their danger or hazard, or as to afford a harborage for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing any nuisance or any unlawful or immoral act; or

  • ix. Any building or structure, or any portion thereof, that is, in the opinion of the Chief Building Official, likely to fail, become detached or dislodged, or collapse; or

  • x. Any building or structure which is used or intended to be used for dwelling purposes which does not have light, air, and sanitation facilities adequate to protect the health, safety or general welfare of persons living within said building or structure.

• c. Any partially constructed, reconstructed or demolished building or structure upon which work has been abandoned. Work is deemed abandoned when there is no valid current building or demolition permit for the work or when there has not been any substantial work on the building or structure for a period of six (6) months or more.

• d. Any building or structure which has been abandoned, partially destroyed, or left unreasonably in a state of dilapidation.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or more of the following described conditions are found to exist:

• a. Any artificial alteration of property, excluding water, from its natural condition, resulting in it supporting the development, attraction or harborage of vectors, with the presence of vectors in their developmental states on property being prima facie evidence that the property is a public nuisance; or

• b. Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property to maintain such property in such a manner that any one or

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.414

§ 4.29.414

more of the following described conditions are found to exist:

• a. Any condition that is detrimental to the public peace, health, safety or general welfare or that constitutes a public nuisance as defined by law or equity, including but not limited to California Civil Code Section 3480, California Penal Code sections 11225 through 11235, and California Health and Safety Code section 11570;

• b. Any condition in violation of the California Building Code, National Electrical Code, California Mechanical Code, Uniform Housing Code, California Health and Safety Code Section 17920.3, California Plumbing Code, Uniform Code for Abatement for Dangerous Buildings, California Fire Code, Uniform Security Code, Title 24 of the California Code of Regulations, or the State Building Standards Code, as adopted by reference in this Code, subject to any amendments, additions or deletions made thereto;

• c. Any condition in violation of any section or subsection of the Oakley Municipal Code or City rule or regulation or permit issued by the City;

• d. Any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties;

• e. Any property maintained, permitted, or allowed to remain in such a condition so as to be defective, unsightly, or in a state of deterioration, disrepair or neglect whereby the condition causes, or may cause, a health, safety or fire hazard, or diminution of surrounding property values, or a blight upon the aesthetic quality or appearance of the neighborhood, or an attractive nuisance as defined herein.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.502

§ 4.29.508