Article 1 — UNLAWFUL PROPERTY RELATED NUISANCES

It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the city to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by the municipal code. These conditions meet one or more of the following criteria and are considered nuisances subject to abatement and cost recovery pursuant to Chapters 6.12 and 6.13 of Title 6: They substantially detract from the appearance of the immediate neighborhood, reduce the property value in the immediate neighborhood, are an attractive nuisance, are materially detrimental to nearby properties and improvements, are a visual blight, are offensive to the senses, or are otherwise dangerous to public health, safety or welfare.

A.

Abandoned and Partial Buildings. Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the city's building inspector or designee, but fails to complete construction and obtain final approval from the city in accordance with applicable laws and regulations within the time period provided by the building official or designee.

B.

Broken Windows. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass.

C.

Building Materials, Household Fixtures and Equipment. Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment: (1) stored so as to be visible at ground level from a public street, alley or from adjoining property, or (2) stored in a manner out of view but in an unsecured area accessible to minors, or (3) stored in a manner as to harbor rodents, insects, or other vermin.

D.

Building Residue. Residue from a fire or demolition such as concrete or brick foundations and flatwork.

E.

Construction Equipment. Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

F.

Deteriorated Buildings. Buildings which have become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping, or termite infestation.

G.

Deteriorated Improvements. Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.

H.

Encroachment. The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.

I.

Garbage Containers. The leaving of any garbage, rubbish, recyclable, or green waste container in a front yard area visible from a public street except during the times necessary for collection as set forth in Section 6.20.050, which provides for containers to be placed at the curb on the day of pickup and removed within twelve hours after the refuse has been collected.

J.

Graffiti. Graffiti or other defacing words, letters or drawings which remain in excess of forty-eight hours on the exterior of any building or fence or other structure that has not been removed or covered with paint matching the structure that was defaced.

K.

Hazardous Liquids and Other Substances. Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained onsite in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.

L.

Hazardous Pools, Ponds, and Excavations. Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes, failing to comply with State and local

safety requirements for pools and spas, or failing to take adequate measures to prevent public access to the area.

M.

Landscape Materials. The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials for an unreasonable period of time or in a manner as to harbor rodents, insects, or other vermin.

N.

Landscaping. Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the planning director or his or her designee. Landscaping shall also be maintained in accordance with any approved permit, site plan, or landscaping plan.

O.

Land Use Entitlements. The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the city in connection with the property or any improvement located thereon.

P.

Laundry Hanging. The hanging of clothing, laundry or routinely washed articles on porch/stair railings, fences, hedges, or other supporting structures located in front or side yards and visible from a public place.

Q.

Occupied Vehicles. Any vehicle, recreational vehicle, motor home, camper, camper shell, or boat occupied by any person or persons overnight, except as may be permitted in an approved location for such purpose.

R.

Offensive Odors. Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.

S.

Personal Property. The keeping, storage, depositing or accumulation of an excessive amount of personal property visible at ground level from a public street or alley.

T.

Safety Hazard. The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health or public safety.

U.

Sewage. The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.

V.

Signs. Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.

W.

Storage Containers and Dumpsters. Storing or keeping boxes, containers, or dumpsters, in excess of seventy-two consecutive hours, except when otherwise permitted by the municipal code or when engaged in ongoing construction activity.

X.

Tarps and Other Temporary Use Items. The keeping or using of tarps or other similar items intended to be used as a temporary protective cover or shelter in a state of disrepair or beyond the intended use period, when the item is stored so as to be visible at ground level from a public street, alley or from adjoining property. Temporary use items visible for more than thirty consecutive days or thirty days in any calendar year shall be presumed to be beyond their intended period of use.

Y.

Vehicle Parts. The keeping, storage, depositing, or accumulation on the premises of motor vehicle part(s) or scrap, including tires, which is: (1) visible at ground level from a public street, alley or from adjoining property, or (2) contains more than personal use items unless allowed by previous city review or permit in appropriate commercial or industrial zones.

Z.

Vehicles, Including Motor Homes, Trailers, and Boats. Any vehicle, recreational vehicle, motor home, camper, camper shell, boat, or trailer parked or stored outside of a garage or carport on an unpaved surface or otherwise in violation of the municipal code.

AA.

Visibility Hazards. The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection, pedestrian walkway, street sign, street light, or traffic signal.

(Ord. No. 07-2019, § 3, 9-15-2019)

No person, whether such person is the owner, agent, or person in control of any lot or parcel of land within the city, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in any of the following conditions, which are declared to be a public nuisance. It is the duty of the property owner to destroy or remove all such prohibited materials.

A.

Refuge for Vermin. Dead, decayed, diseased or hazardous trees, weeds, grass, rubbish, refuse, dirt, debris, or any other matter or material which may provide a breeding place or refuge for rodents, insects, or other vermin.

B.

Vegetation Near Chimneys. Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet of the outlet of a chimney.

C.

Pollen. Weeds which may produce pollen which is injurious to the health, safety, comfort, or welfare of the residents of the city.

D.

Fire Hazard—Fire Hydrants. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within thirty-six inches of a fire hydrant.

E.

Overhanging Vegetation. Vegetative growth overhanging a public street by less than fourteen feet in height or a public sidewalk by less than eight feet in height.

F.

Other Vegetation. Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire or health hazard, including weeds which are otherwise subject to abatement by law.

(Ord. No. 07-2019, § 3, 9-15-2019)

A.

Public Right-of-Way. No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any refuse matter, garbage, or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidewalk for more than one hour at a time, except as may be permitted by the municipal code.

B.

Private Property. No person in control of any lot or parcel of land within the city, whether such person is the owner, agent, or tenant, shall maintain, permit, or allow any refuse matter, garbage, or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers.

C.

Summary Abatement. The existence of one or more of these conditions shall be considered nuisances subject to summary abatement and cost recovery pursuant to Chapters 6.12 and 6.13 of Title 6.

(Ord. No. 07-2019, § 3, 9-15-2019)

It is unlawful for any person to keep, maintain, or deposit on any property in the city any abandoned motor vehicle or any inoperative vehicle as deemed in Chapter 10.60 of this code, or the California Vehicle Code, or any part thereof, unless such vehicle or part is completely enclosed within a building in a lawful manner or is not visible from the street or from other public or private property, or unless such vehicle or part is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junkyard. A violation of this article is a nuisance subject to the abatement and cost recovery procedures set forth in Chapters 6.12 and 6.13 of Title 6 except as follows:

A.

Notice to Property and Vehicle Owner. Any notice and order to abate a public nuisance shall be personally served or mailed by certified mail to the property owner as shown on the last equalized assessment roll, supplemental roll of the county, or as otherwise known to the enforcement official or his/her designee by virtue of more recent or reliable information and to the registered and legal owners of the vehicle or part, unless the vehicle or part is in such condition that identification numbers are not available. The notice and order to abate shall provide not less than fifteen days to abate the nuisance before the vehicle is removed. A notice and order to abate a public nuisance in such condition shall not be required if both the property owner and the registered and legal owners of the vehicle or part have signed releases authorizing removal and waiving further interest in the vehicle or part.

B.

Notice of Hearing and Right to Deny Responsibility. The notice and order shall contain advice of the rights of the property owner, and of the registered and legal owners of the vehicle or part, to request a hearing within fifteen days of the date of the notice. Such advice shall also notify the property owner of the right to submit a sworn statement in lieu of requesting a hearing denying responsibility for the presence of the vehicle or part, and explaining the reasons for such denial.

C.

Removal of Vehicle or Part—Costs Assessable Against Property Owner. At the conclusion of the hearing, or if no hearing is requested, a vehicle or part may be removed and the costs of removal assessed against the property owner pursuant to the procedures set forth in this section and Chapters 6.12 and 6.13 of Title 6. If it is determined at the hearing, or in the absence of a hearing, by the police department personnel responsible for implementing this article, that the vehicle or part was placed on the property without the consent of the property owner and that the property owner has not subsequently acquiesced in its presence, then the city shall not assess the costs of abatement, penalties, or other administrative fees against the property owner.

D.

Disposal of Vehicle or Part. After a vehicle or part has been removed pursuant to this section, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies under California Vehicle Code Section 5004 for either horseless carriage license plates or historical license plates.

E.

Non-liability. Neither the city nor a contractor thereof shall be liable for damages caused to a vehicle or part removed pursuant to this section.

F.

Notice to DMV. Notice shall be given to the Department of Motor Vehicles of the State of California within five days after the day of removal, identifying the vehicle or part and any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates. Prior to the final disposition of a vehicle or part which has been valued at less than two hundred dollars, in conformance with California Vehicle Code Section 22661(c), for which evidence of registration was recovered, the city shall provide notice to the registered and legal owners of its intent to make final disposition of the vehicle or part if such notice has not already been provided under this section.

(Ord. No. 07-2019, § 3, 9-15-2019)