Port Hueneme Municipal Code Part B Use and Maintenance Standards

The purpose of this Chapter is to protect the health, safety and welfare of the residents of the City, to regulate buildings used for human habitation in conformance with Part 1.5, Division 13 of the California Health and Safety Code, and to provide an orderly method of eliminating blighting influences which cause neighborhood deterioration.

A. General. For the purpose of this Chapter, "Property Maintenance" means the external components and their state of repair of any real property within the City, including, but not limited to, structures, accessory structures, landscaping, appurtenances, or any other aspects of real property which are visible from any public right-of-way.

B. Deficient Structures. It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this City to maintain such property in such a manner that any of the following conditions are found to exist thereon:

1. Buildings that are left in a state of partial construction after expiration of a building permit or buildings which are abandoned, boarded up, or partially destroyed;

2. Buildings which are susceptible to dry rot, warping or termite infestation as a result of unpainted, chipped or peeling exteriors;

3. Buildings which contain or house broken windows; or

4. Building exteriors which are maintained in such an unsightly, defective, deteriorated, or disrepaired fashion that the same causes significant diminution of the property values of surrounding property. This condition includes, but is not limited to, unsightly and unnecessary markings, drawings, decorations, or graffiti on exterior surfaces which are visible from any public right-of-way; or any device, design, fence, accessory structure, clothesline, or vegetation which is unsightly by reason of its condition or location.

C. Property Nuisances. It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property or premises in this City to allow any of the following uses or conditions to exist upon such real property or premises:

1. Overgrown vegetation, dead trees, weeds or debris;

2. Storage or parking of equipment, machinery, or vehicles, either operative or inoperative, in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public right-of-way; provided, however, operable campers, boats, automobile trailers, trucks of less than six thousand (6,000) pounds gross vehicle weight, and automobiles may be parked on a monolithic asphalt-concrete or portland cement slab or driveway which covers less than fifty (50) percent of the required front yard area and is connected to a public right-of-way by a curb cut;

3. Hazardous pools, ponds or excavations;

4. Storage of packing boxes, broken or discarded furniture, vehicle parts, household items, appliances, yard or building debris, garbage cans or any other similar item on a driveway or in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public right-of-way; provided, however, that refuse awaiting collection by the City in compliance with this Article shall be exempt from this standard;

5. Clotheslines in front yards or unscreened side yards which are visible from any public right-of-way;

6. Conditions which constitute a public nuisance as defined by Section 3480 of the California Civil Code;

7. Real property or premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; or

8. Real property or premises in such a condition as to depreciate values of neighboring properties to such an extent that the capacity to pay taxes is reduced and tax receipts for such neighboring properties are inadequate for the cost of public services rendered therein.

9. Disassemble, repair, or otherwise perform any work upon any vehicle, machine, motor, appliance or other similar device on any property within the City unless such activity is incidental to a permitted or conditionally permitted use applicable to the underlying zone classification and is conducted within a building or within an area wholly enclosed from public view by a wall or fence conforming to the requirements of this Article.

D. Housing Code Violations. The Uniform Housing Code, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code as the Housing Code of this City. The purpose of this Housing Code is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. Nuisance conditions in violation of the Housing Code include, but are not limited to, the following:

1. Any public nuisance known at common law or equity jurisprudence;

2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors;

3. Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer;

4. Insufficient ventilation or illumination;

5. Overcrowding of a room with occupants;

6. Inadequate or unsanitary sewage or plumbing facilities;

7. Uncleanliness, as determined by the Health Officer; or

8. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

E. Substandard Buildings. Under the provisions of the Housing Code, any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the below listed conditions to an extent that endanger life, limb, health, property, safety, or welfare of the public or occupants thereof, shall be deemed and is hereby declared to be a substandard building. Where any of the following described conditions conflict with the definition of substandard building as set forth in Section 17920.3 of the Health and Safety Code of the State of California, the later shall govern.

1. Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:

a. Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit or lodging house;

b. Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel;

c. Lack of, or improper kitchen sink, in a dwelling unit;

d. Lack of hot and cold running water to plumbing fixtures in a hotel;

e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house;

f. Lack of adequate heating facilities;

g. Lack of, or improper operation of required ventilation equipment;

h. Lack of the minimum amounts of natural light or ventilation required by the Housing Code;

i. Room and space dimensions less than required by the Housing Code;

j. Lack of required electrical lighting;

k. Dampness of habitable rooms;

l. Infestation of insects, vermin or rodents as determined by the Health Officer;

m. General dilapidation or improper maintenance;

n. Lack of connection to required sewage disposal system; or

o. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

2. Structural Hazards. All structural hazards shall include, but not be limited to, the following:

a. Deteriorated or inadequate foundations;

b. Defective or deteriorated flooring or floor supports;

c. Flooring or floor supports in insufficient size to carry imposed loads with safety;

d. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

e. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

f. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

g. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle or of insufficient size to carry imposed loads with safety;

h. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; or

i. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

4. Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.

5. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

6. Faulty Weather Protection. All faulty weather protection including, but not limited to, any of the following:

a. Deteriorated, crumbling or loose plaster;

b. Deteriorated or ineffective water proofing of exterior walls, roof, foundation, or floors, including broken windows or doors;

c. Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering; or

d. Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire Hazards. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the fire department or his deputy, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

8. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by the Housing Code and the Building Regulations, adopted pursuant to Article VIII of this code, and which have been adequately maintained in good and safe condition.

9. Hazardous or Unsanitary Premises. Hazardous or unsanitary premises which are hereby defined as premises upon which exist an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health or safety hazards.

10. Inadequate Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Regulations.

11. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by the Housing Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws in effect at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

12. Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Housing Code except those buildings or portions thereof which conformed with all applicable laws in effect at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

F. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code is, is hereby adopted as the Abatement of Dangerous Building Code of this City. Any building or structure which has any or all of the following conditions or defects shall be deemed to be a dangerous building, provided that such conditions exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half the working stress or stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose or location;

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code for new buildings of similar structure, purpose or location;

5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

6. Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Uniform Building Code for such buildings;

7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse;

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;

11. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;

12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the Building Regulations adopted pursuant to Article VIII of this code, as specified in the Uniform Housing Code, or of any law or ordinance of this City or the State relating to the condition, location or structure of buildings;

14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member, or portion less than sixty-six (66) percent of the (i) strength; (ii) fire-resisting qualities or characteristics; or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

16. Whenever any building or structure, because of obsolescence, dilapidation, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;

17. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence; or

18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Ord. 626 § 2 (39), 1999)

A. General. For the purposes of this Chapter, "Performance Standards" means the limits within which any real property within the City may be used, including, but not limited to, any operation or process conducted thereon.

B. Criteria. It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in this City to maintain or use such real property in such a manner that any of the following conditions are found to exist thereon:

1. Fire and Explosion Hazards. Storage and transportation of flammable or explosive materials, as defined by the Secretary of Commerce of the United States of America effective April 9, 1941 (as classes A, B and C), which are provided without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices, standard in the industry. Burning of waste materials, except the burning of agricultural materials, in open fire is prohibited at any point;

2. Fissionable, Radioactivity or Electrical Disturbance. Storage or use of fissionable or radioactive material, if their use or storage results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, or any activities which emit electrical disturbances, affecting the operation at any point of any equipment other than that of the creator of such disturbance;

3. Glare, Humidity, Heat and Cold. Direct or sky-reflected glare, whether from flood lights or from high temperature processes, or humidity, heat or cold which is produced and is perceptible without instruments by the average person at the points of measurement specified;

4. Liquid and Solid Wastes. Discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction over such activities;

5. Odors. Emissions or odorous gases or other odorous matter which is produced in such quantities as to be readily detectable by the average person at the points of measurement specified;

6. Particulate Matter and Air Contaminants. Emissions, including but not limited to, fly ash, dust, fumes, vapors, gases, and other forms of air contaminants which are produced from any facility or activity which are readily detectable without instrument by the average person at the points of measurement specified which can cause any damage to health, animals, vegetation or other forms of property, or which can cause excessive soiling at any point;

7. Smoke. Emissions produced at any point of visible gray smoke of a shade equal to or darker than Ringlemann No. l or its equivalent opacity for more than three (3) minutes in any one-hour period;

8. Vibration. Ground vibration which is produced and is discernible without instruments to the average person at the points of measurement specified. Ground vibration caused by motor vehicles, trains, aircraft, and temporary construction or demolition work is exempted from this standard; or

9. Prohibition of Dangerous Elements. Land or buildings which are used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration; glare; liquid or solid refuse or waste; or other dangerous or objectionable substance, condition, or element in such a manner or such an amount as to adversely affect other uses; or

10. Noise. Unless otherwise provided for, no person shall operate or cause to be operated any source of sound at any location in the City, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any receiving property to exceed the noise level limits set forth by the Noise Control Ordinance as adopted and amended;

C. Effect of Other Regulations. Any use, process or operation subject to the criteria specified in Section 10202(B) shall comply with all other authorized governmental standards or regulations which are in effect in this City. More restrictive performance standards or regulations enacted by an authorized governmental agency having jurisdiction in this City on such matters, will take precedence over the provisions of said criteria.

D. Exceptions. Exceptions to the criteria specified in Section 10227(B) may be made during brief periods for reasons such as equipment shakedown, breakdown of equipment, modification or cleaning of equipment, or other similar reasons, when it is evident that such cause was not reasonable preventable. The criteria specified in Section 10227(B) shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified in this Article.

(Ord. 626 § 2 (32), (33), 1999)

In addition to being an infraction, all or any part of premises found to be maintained or used in violation of the provisions of this Chapter are declared to be a public nuisance and may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this Section. No provision of this Chapter shall be deemed to prevent the City from commencing civil or criminal proceedings to abate a public nuisance under the applicable provisions of the law of the State in addition to the proceedings provided herein. Whenever a finding is made that premises within the City are suspected of being maintained or used contrary to one or more of the provisions of this Chapter, the procedures set forth in Article III, Chapter 4 of this code shall apply.

(Ord. 579 § 6 (13), 1992)