Rancho Cordova Municipal Code Art. IV Nuisances Specified

It is hereby declared a violation of this code for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:

A. The keeping, storage, depositing, or accumulation on the premises of any personal property, including but not limited to abandoned, wrecked, dismantled or inoperative vehicles, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, and debris, which is within the view of persons on adjacent or nearby real property or the public right-of-way and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that wood and building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such a period of time as is necessary expeditiously to complete the project.

B. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials, which constitutes blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

C. The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to a special use permit.

D. Any abandoned drive-in enterprise.

E. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public.

F. Any condition so as to create any of the following conditions on adjacent or contiguous public property, except as may be allowed by the Rancho Cordova Municipal Code or zoning code:

1. Outdoor Storage, Operations or Encroachment.

a. The tracking of mud, dirt, sand, gravel, and concrete onto the street or public right-of-way.

b. The spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or other public right-of-way.

c. Vehicles and/or other materials associated with business activity stored on the street or in the public right-of-way.

d. Trash receptacles stored in the street or in the public right-of-way anytime outside of the 12 hours before or after the designated pickup time.

2. Miscellaneous.

a. Any other condition or use of property which gives rise to a reasonable determination that the effect of said use or condition on adjacent public property represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.

G. Any condition recognized in law or in equity as constituting a public nuisance.

H. The maintenance of the exterior of any vacant or unoccupied building or the interior of any such building which is readily visible from any public street or adjacent parcel of property in a state of unsightliness so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the public welfare.

I. Any unimproved real property which has become a dumping ground for litter, garbage, junk, debris, or discarded vehicles, vehicle parts and/or vehicle hulks, and which real property has been subject to abatement on one or more occasions by the city.

Once proceedings have been commenced pursuant to this chapter to declare a property to be a public nuisance under this subsection, no such property shall be deemed to be in compliance with this chapter solely because such property thereafter becomes occupied.

J. The maintenance or keeping of the premises in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety and/or general welfare of the public, or which is readily visible from any public right-of-way or adjacent parcel of property and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values. The provisions of this section are intended to apply to the exterior and interior of buildings or other structures on the premises and any fixtures thereto. Conditions in violation of this provision shall include, but will not be limited to: untended vegetation or landscaping; broken doors, windows or other fixtures; the accumulation of junk, rubbish and debris; and buildings, fences or other structures that are cracked, leaning, fallen, decayed, deteriorated or defaced.

K. The maintenance or keeping of any vacant or unoccupied building in an unsecured condition. Conditions in violation of this provision shall include, but not be limited to, broken exterior doors or windows, or the absence of locks or other security devices on exterior doors or windows.

L. The maintenance or accumulation on the premises of any junk, rubbish, debris, vegetation or other condition that impedes or impairs access to, or the use of, any public right-of-way or traffic control device.

M. The maintenance or keeping of any commercial signage in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety and/or general welfare of the public, or which is readily visible from any public right-of-way or adjacent parcel of property and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

N. The maintenance or keeping of any commercial parking lot or sidewalk, which is open to use by the public, in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety and/or general welfare of the public, or which is readily visible from any public right-of-way or adjacent parcel of property and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

O. The maintenance or keeping of any parking lot or sidewalk open for common use in a multifamily housing complex in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety and/or general welfare of the public, or which is readily visible from any public right-of-way or adjacent parcel of property and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

P. The maintenance or keeping of clotheslines or clothes hanging in front yards, side yards, porches or balconies, and visible from the public right-of-way adjacent to or across from the front yard.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 4; Ord. 25-2005 § 1)

A. Any building for which a notice and order has been issued is not brought into compliance with the provisions of this code merely by vacating the building and securing it against entry. Such interim action does not constitute a satisfactory correction or abatement of violations of state building standards. Vacant buildings, even if boarded and fenced, can create a fire hazard, and may contribute to unhealthy, blighting and deteriorating influences in the neighborhood. Complete corrective action must be accomplished according to a reasonable and feasible schedule for expeditious repair.

B. Any vacant building that is unrepaired after one year from the date a notice of violation and order to correct concerning it has been issued by the city under this chapter, Chapter 16.20 or 16.22 RCMC may be abated by the city through the actions and procedures established in Article V of this chapter (RCMC § 16.18.501 through § 16.18.513).

C. Notwithstanding any provision of this code to the contrary, where the city determines that the health, safety and welfare of the public require, the city may, at any time, commence any appropriate action or proceeding to correct or abate the violations or nuisance.

D. For purposes of subsection (B) of this section, a building is "vacant" if, on more than one occasion, during a previous 12-month period, it has had no lawful occupant present during a consecutive 48-hour period.

E. For purposes of subsection (B) of this section, a building is "unrepaired" if actual work correcting all violations on the premises is not being diligently pursued under a reasonable and feasible schedule of expeditious repair. Securing the property against entry, such as by boarding or fencing the premises, shall not constitute actual work correcting all violations on the premises. Failure to obtain necessary permits and failure to commence actual on-site work to correct all violations shall constitute satisfactory evidence of lack of diligence.

F. In an action or proceeding brought hereunder it shall be presumed that the owner of the subject property has failed to make a timely choice of repairing or demolishing the building under Section 17980(b) of the Health and Safety Code.

G. If unusual or mitigating circumstances warrant, the enforcement official or designee may extend the one-year period referenced in subsection (B) of this section. In such cases, the enforcement official will seek input from the complainant, neighborhood associations or block watches in the area, area residents, or other staff as appropriate, to assist in making a determination.

H. A building or structure in good repair, or which is actively being offered for sale or rent, or is involved in legal proceedings prohibiting repair, sale or lease may be exempted by the enforcement official if the property owner demonstrates that the building or structure does not pose a threat to the health, safety or welfare of any person.

(SCC 1031 § 1, 1996; SCC 1146 § 4, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)