Pacifica Municipal Code Art. 1 Public Nuisances—Generally

The purpose and intent of the regulations contained herein are as follows:

(a) To define as public nuisances and violations of this chapter those conditions which constitute visual blight or which could result in conditions which are harmful or deleterious to the public health, safety and welfare;

(b) To develop regulations that will promote the sound maintenance of property and the enhancement of the habitability, community appearance, neighborhood safety, and the social, economic, and environmental conditions of the community;

(c) To establish guidelines or procedures for the correction of property maintenance violations and nuisances that afford due process and procedural guarantees to affected property owners and tenants; and

(d) To provide proper authority, guidelines, regulations, administration and enforcement for the implementation of the purposes and intent of this chapter.

(e) This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof a mandatory duty of care towards persons or property within the City or outside of the City so as to be a basis for civil liability for damages, except as otherwise imposed by law.

(§ 6, Ord. 687-C.S., eff. June 28, 2001)

As used in this chapter:

(a) "Backyard" means that portion of property between the back of the primary residential structure and the rear property line.

(b) "Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.

(c) "City" means the City of Pacifica.

(d) "City Manager" means the City Manager or his or her duly authorized representative.

(e) "Code Enforcement Officer" means any individual employed by the City with primary enforcement authority for this chapter, or his or her duly authorized representative.

(f) "Front yard" means that portion of property between the abutting frontal street and the primary building or residential structure.

(g) "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, wood chips, tree trimmings or cuttings, metal, sand, organic matter or other substance.

(h) "Junkyard" means any property on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.

(i) "Owner" The term "owner" and "property owner," as used herein, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, renting, occupying or having charge or possession of any property in the City to and including any person identified as owning property as shown on the last equalized assessment roll.

(j) "Person" as used in this chapter, means any individual, partnership, corporation, limited liability company, association, or other organization, however formed, including heirs in possession, executors, administrators, or assigns.

(k) "Property" or "premises" means any real property, or improvements thereon, or portions thereof, as the case may be.

(l) "Public nuisance" means anything which is or is likely to become, injurious to health or safety, or 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, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions enumerated by the City Council in Section 5-25.03 are public nuisances by definition and declaration, and said enumerated conditions shall in no way be construed to be exclusive or exhaustive.

(m) "Public Nuisance Hearing Officer" means the hearing officer appointed by the City Manager under this chapter to hear all timely appeals of any determination or declaration of a public nuisance made under this chapter.

(n) "Side yard" means that portion of property between the side of the building or residential structure and the property line.

(o) "Vehicle" references the current definition of same contained at Section 670 of the California Vehicle Code, and means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Vehicles do not include wheelchairs.

(§ 6, Ord. 687-C.S., eff. June 28, 2001)

The City Council finds and declares that it is a public nuisance and unlawful for any person owning, leasing, occupying or having charge of any property within the City to maintain, or to allow or permit others to maintain, such property in such a manner that:

(A) Said property constitutes a public nuisance as defined by California Civil Code section 3479, or by California Civil Code section 3480, or by Section 5-25.02(m) of this chapter; or,

(B) Any one or more of the following conditions or activities, which are specifically declared to constitute public nuisances, are found to exist:

(1) Land, the topography, geology or configuration of which whether in natural state or as a result of the 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.

(2) Buildings or other structures which are abandoned, partially destroyed, partially constructed or allowed to remain unreasonably in a state of partial construction or neglect.

(3) The maintenance of vacant or abandoned buildings or structures with doorways, windows or other openings left open, unlocked, unsecured or otherwise easily accessible to trespassers, vagrants, vandals or other persons not authorized to enter.

(4) Building exteriors, walls, fences, driveways, sidewalks, walkways and parking areas which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that they cause depreciation of the values of surrounding property or are materially detrimental to nearby properties and improvements.

(5) The maintenance of broken windows constituting hazardous conditions, or contributing to neighborhood blight, or resulting in unsecured property inviting trespassers and malicious mischief;

(6) Overgrown vegetation including, but not limited to, any one of the following:

(a) Vegetation likely to harbor rats, vermin and other nuisances;

(b) Vegetation causing detriment to neighboring properties, or out of conformity with neighboring community standards to such an extent as to result in appreciable diminution of property values; or

(c) Vegetation causing or adding to a fire hazard;

(d) Vegetation growing on or upon the roof of any structure.

(7) Dead, decayed, diseased or hazardous trees, weeds, and other vegetation that cause or contribute to any one of the following conditions:

(a) A danger to public health, safety and welfare; or

(b) Detrimental to nearby property; or

(c) Causing or adding to a fire hazard.

(8) Attractive nuisances dangerous to children in any of the following forms:

(a) Abandoned, broken or neglected equipment, machinery, vehicles, furniture or appliances;

(b) Pools, standing water or excavations containing water, which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded or unclear, including, but not limited to, the following: bacterial growth; algae; insect remains, animal remains; rubbish, refuse, debris, or any other foreign materials; or

(9) The accumulation or storage of junk, trash or debris, including but not limited to tires, lumber, household appliances or parts thereof, furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, debris, or salvage materials, which constitute a fire hazard or safety hazard and/or are stored or accumulated in such a manner as to constitute visual blight or to be visible from a public street, alley or adjoining property.

(10) Garbage cans and recycling containers stored in front or side yards and visible from public streets, other than as permitted by Sections 6-5.106, 6-5.207 and 6-5.208 of this Code.

(11) Packing boxes, lumber, pallets, trash, dirt and other junk deposited or stored for unreasonable periods either inside or outside buildings, visible from the street or nearby property which constitute visual blight or are offensive to the senses or are detrimental to nearby property values.

(12) Heavy commercial vehicles, construction equipment, or machinery of any type or description parked or stored without a permit on property where it is readily visible to the general public, except during excavation, construction or demolition operations pursuant to an active building permit in progress on the subject property or on adjoining property.

(13) Improper maintenance of signs, or sign structures, on property relating to uses no longer conducted or products no longer sold on property or signs in violation of the Pacifica Sign Ordinance, Title 9, Chapter 4, Article 29.

(14) Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that it causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements.

(15) Any property maintained in such a manner as to result in substantial pooled-oil accumulation, oil flowing onto public rights-of-way, or excessive accumulations of grease, oil, or petroleum-based products of any kind on paved surfaces, buildings, walls or fences.

(16) Any automobile service station which is closed., vacant or Inoperative for a period exceeding sixty (60) days. Inoperative is defined as the failure to sell gas, either retail or wholesale, during the sixty (60) period; however, former gasoline stations undergoing active remediation of environmental contamination shall not be considered a nuisance during environmental remediation and for sixty (60) days following the environmental remediation.

(17) Specialty structures which have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair and constitute a hazardous condition. Such specialty structures includes, but is not limited to, the following: tanks for gas or liquid, lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which 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.

(18) Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, as defined in Title 5, Chapter 1 of this Code.

(19) Obstruction or encroachment on any public property, including but not limited to any public street, public alley, highway, right-of-way, park, building, or other land dedicated to public use.

(20) Causing, maintaining or permitting graffiti as defined in Title 5, Chapter 21 of this Code: (1) to remain on exterior walls or facades of commercial property or multi-unit residential buildings, fences, walls, or other structures of whatever nature; or (2) to remain upon the exterior of motor vehicles, vans or trucks which are parked on public streets or driveways or are otherwise visible to the public.

(21) Storage of hazardous materials in such a manner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.

(22) The use in any residential zoning district or residential planned development district of the City, of barbed wire, concertina wire, razor-cut wire or other such similar fencing material in a dangerous or unsightly fashion.

(23) Stacking or storage of any combustible material, including but not limited to wood, wood chips, tree trimmings or cuttings,, composting, firewood, and any material which would increase or may cause an increase of the hazard or menace of fire, in front yards or side yards, or prohibited portions of rear yards, or on any portion of public property. Stacking or storage of such combustible materials is permissible only in the rear yard at a distance of at least three (′) feet or more from any and all sides of a habitable building, subject to any additional storage requirements or regulations contained in this Code. For purposes of this Section, measurement shall made from the nearest point of the nearest such building side.

(24) Stacking or storage of any organic or synthetic construction, fuel, or other materials, including but not limited to, wood, wood chips, tree trimmings or cuttings, tires, automobile or other mechanical parts, junk, trash, debris, or salvage materials, within ten (10) feet of any creek, stream, canal or other waterway originating or terminating outside any portion of private or public property where the materials are stored. Stacking or storage is permissible only in the rear yard at a distance of at least three (′) feet or more from any and all sides of a habitable building, subject to any additional storage requirements or regulations contained in this Code. For purposes of this section, measurement shall made from the nearest point of the nearest such building side, as well as from the nearest point of the nearest bank or edge of such creek, stream, canal or other waterway.

(25) Throwing or depositing materials into any creek or channel as specifically described in Section 5-9.03 of the Pacifica Municipal Code;

(26) Failure to provide adequate weather protection to structures or buildings, including, but not limited to cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

(27) Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on property which constitutes visual blight, or is a health or safety hazard to the community or neighboring properties.

(28) Any discharge of any materials other than stormwater to the City storm sewer system in violation of Pacifica Municipal Code, Title 6 and NPDES Permit No. CA0029921.

(29) Any violation of the Pacifica Zoning Ordinance.

(30) Any fence which is in a condition of dilapidation or disrepair, including, but not limited to fences which severely lean or list more than fifteen (15) degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot, or other damage.

(31) Residential or commercial development where more than fifteen (15%) percent of the landscaping detailed in the landscaping plans approve(l for the project is not being maintained.

(32) Maintenance of any tarp or similar covering over any graded surface or hillside, except in the following circumstances:

(a) A State of Emergency directly impacting the area to be tarped has been declared;

(b) Tarping performed as specifically permitted under an active building or grading permit;

(c) Tarps installed or maintained during the period from December 1 through March 30 of each year, when required due to forecasted rain or other weather likely to damage or erode the hillside or graded surface.

(33) Maintenance of any tarp or similar covering for an unreasonable period of time over any roof of any structure, except in case of rain or when specifically permitted under an active roofing permit.

(34) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, which are likely to harbor mosquitoes or other insects. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

(35) All apiaries maintained for the purposes of keeping bees shall be kept in a manner that does not disturb the peace, health or safety of the neighboring properties or community.

(§ 6, Ord. 687-C.S., eff. June 28, 2001; § 2, Ord. 859-C.S., eff. October 13, 2020)

All property or any condition(s) found to exist in violation of any requirement or prohibition of this chapter, or of this Code as provided in Section 1-2.01(g) of same, is declared to be a public nuisance and shall be abated by rehabilitation, demolition or repair and may be summarily abated by city forces pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not, however, be exclusive and shall not in any manner limit or restrict the City from pursuing any other remedies available at law, whether civil or criminal, or from enforcing other City ordinances, resolutions or policies, or from abating public nuisances in any other manner provided by law.

(§ 6, Ord. 687-C.S., eff. June 28, 2001)

(a) Whenever a Code Enforcement Officer, a police officer or such other city official as may be specified under Section 2-7.01 of the Pacifica Municipal Code, determines that any property or condition within the City is being maintained in a manner constituting a public nuisance subject to abatement as provided in this chapter, or under any other state or local law, he or she may elect to use any, or all, administrative, civil or criminal remedies allowed by law or under this chapter, whether separately or concurrently. Prior to instituting any administrative abatement action, proceeding or remedy under this chapter, however, he or she shall give a written "Declaration of Public Nuisance and Notice of Intent to Abate" to the owner, tenant, and any other known persons responsible for such conditions at said property, stating the sections being violated, and setting forth a reasonable time period, of not less than thirty (30) calendar days, for correcting or abating the violation(s) — except in cases of emergency summary abatement due to an imminent hazard as provided in Section 1-2.08 of the Pacifica Municipal Code. Said declaration and notice shall include a statement of the available right of appeal as provided for in this chapter, and shall also set forth reasonable methods of correcting the nuisance. Said declaration and notice shall be given by personal delivery to the owner(s) and tenant(s) of the property upon which the nuisance is located, or by depositing such notice in the United States mail, or certified mail, postage prepaid, and addressed to the owner(s) thereof at his or her last known address as it appears on the last equalized assessment roll of San Mateo County.

(b) The declaration of public nuisance and notice of intent to abate shall be written in a format consistent with the following:

DECLARATION OF PUBLIC NUISANCE AND NOTICE OF INTENT TO ABATE

Notice is hereby given that based upon conditions observed on [date] at the property known and designated by the street address of [street address], and more particularly described as [legal description or other information], the City Manager or his or her designee, has found that violations of Section(s) of the Pacifica Municipal Code exist, and therefore declares that a public nuisance exists thereon which is subject to abatement by lawful rehabilitation, demolition, or repair pursuant to the procedures set forth in Chapter 5-25 of the Pacifica Municipal Code.

You are hereby directed to abate the nuisance within [ ] calendar days of the date of mailing of this notice by performing the following corrective action:

_____

_____

_____

You are further notified that if the violations are not abated within the time specified, such nuisance may be abated by municipal authorities, or their designees and contractors, in which case all costs of the abatement, including, but not limited to, those listed in Article 3 of Chapter 25 of the Pacifica Municipal Code, shall be assessed against such property as a lien, or as a special assessment.

You are further notified that in the event of abatement by City forces, materials abated shall be removed and destroyed, without regard to salvage value.

You may appeal this finding within ten (10) calendar days of the date of service of this Declaration by written request to the City Clerk in the manner provided in Article 2 of Chapter 5-25 of the Pacifica Municipal Code. Failure to do so within the time indicated constitutes a forfeiture of your right to any further administrative appeal and renders the findings and orders of the City final and binding.

Dated: This _______ day of _______, 20___.

___________

City Manager, or Designee

(c) The notice requirements and timelines contained in this chapter apply specifically, and only, to situations where a public nuisance is officially declared, and abatement by City forces is sought under the abatement provisions of this chapter. In no event does this chapter or its requirements limit the right of city officials to issue informal written or oral notices of code violations to persons specifying shorter compliance periods when abatement by city forces is not the contemplated remedy.

(§ 6, Ord. 687-C.S., eff. June 28, 2001)