Chapter 4.22 — Oakley Municipal Code

RESIDENTIAL PROPERTY AND LITTER NUISANCES

§ 4.22.002. Findings.¶

The City Council of the City of Oakley finds and declares that it is in the public interest for the preservation of property values, promotion of civic pride, and protection of the public health and safety to establish minimum standards for the maintenance of residential and other real property by prohibiting specified activities, declaring such activities to be public nuisances subject to abatement or enforcement by any lawful means.

§ 4.22.004. Administration.¶

The provisions of this section shall be administered and enforced by the City Manager or his/her designee. In the enforcement of this chapter, such employees and other persons duly authorized by the City Manager may enter upon private property, as allowed by law.

§ 4.22.006. Definitions.¶

As used in this chapter, the following terms have the following meanings:

a. "Residential real property" means a lot located in any single-family, two-family, or multiple-family residential district, or in a planned unit district, with a structure intended primarily for residential use located thereon.
b. "Unreasonable period of time" means a period of time unreasonable considering the totality of the circumstances, but in no event shall a time period shorter than seven days be considered unreasonable, unless a shorter period is specified herein.

§ 4.22.008. Residential Property Nuisance.¶

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

a. Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment; machinery, refrigerators, or freezers; or unsafe pools, ponds, or excavations.
b. Shopping carts, household equipment or broken or discarded furniture for an unreasonable period of time.
c. Garbage or trashcans for more than 36 hours.
d. Boats, trailers, vehicle parts, or other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time.
e. Construction and wood debris, including cuttings, for an unreasonable period of time.
f. Weeds over 18 inches in height.
g. This section shall apply to all properties designed or used for residential purposes except properties zoned R-15, R-12, R-10, R-7, R-6 and Planned Unit (P-1) Development Districts with single family residential uses

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.22.008

§ 4.22.012

(Ord. 06-08, 4/8/2008)

§ 4.22.010. Nuisance Declaration, Abatement.¶

Any residential real property maintained in a condition violating this section is declared to be a public nuisance. In addition to any other remedy provided by law, such condition may be abated pursuant to Title 1, Chapter 6 of this Code.

§ 4.22.012. Take –Out Food Litter.¶

a. Findings. The City Council finds that the proliferation of trash, litter, and sometimes garbage in neighborhoods located near fast food restaurants and other take-out food establishments is unsightly, unhealthy, and has a negative effect on property values. Therefore, the Council declares that the provisions herein declaring trash, litter and garbage originating from fast food restaurants and other take-out establishments to be a public nuisance and requiring abatement of such nuisance to be in the best Interest of the public, for the reasons stated in Section 4.22.002.
b. Take-Out Establishment Defined. "Take-out establishment" means and includes any business selling perishable food and/or beverages in disposable containers or wrapping for consumption off the premises of the take-out establishment. A business falling under the definition of take-out establishment is a take-out establishment for purposes of this chapter even if the take-out business amounts to only a small portion of the business’ income or sales activity. The term "take-out establishment" does not include food markets or stores selling food and beverage only in prepackaged containers or wrapping or requiring cooking or other preparation prior to consumption.
c. Litter Nuisance. The owner and/or operator of a fast food restaurant or take-out establishment shall be responsible for the deposit of litter, trash, or garbage identifiable as originating from such restaurant or establishment on public property within 300 feet of any boundary of the premises on which such restaurant or establishment is located.
d. Nuisance Declaration, Abatement. Litter, trash, or garbage identifiable as originating from a fast-food restaurant or take-out establishment on public property within 300 feet of any boundary of the premises on which such restaurant or establishment is located is declared to be a public nuisance. In addition to any other remedy provided by law, such condition may be abated pursuant to the provisions of Chapter 1.6 of this Code, except that any lien resulting from abatement shall attach against the real property upon which the fast-food restaurant or take-out establishment is located.