Chapter 7 — ACCUMULATION OF JUNK

*Note--Added by Ord. No. 2871 (N.S.), effective 10-7-65; amended by Ord. No. 10927 (N.S.), effective 1-10-25.

Cross reference(s)--Junkyards and motor vehicle wrecking yards, § 21.601 et seq.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them in this section:

(a) "FRONT LOT LINE" means the line separating the front of the lot from the street. If a lot is bounded by more than one street then the front lot line is the line most nearly facing the front of the main building on the lot; provided, that if there is no building on the lot the front lot line may be designated by the owner of the lot.

(b) "FRONT YARD" means a yard extending across the full width of a lot and extending from the front lot line to the front

foundation line, and its prolongations, of the main building, as shown in Figure 1 of this Section. If the lot is vacant, the front yard depth shall be 50 feet.

(c) "JUNK" means any combustible or noncombustible nonputrescible waste, including but not limited to trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.

(d) "LOT" means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person.

(e) "LOT USED FOR RESIDENTIAL PURPOSES" means a lot on which one or more dwellings are located.

(f) "REAR LOT LINE" means the lot boundary line or lines most distance from and generally opposite the front lot line.

(g) "SIDE LOT LINE" means any lot boundary line that is not a front or rear lot line.

(Amended by Ord. No. 8085 (N.S.), effective 7-10-92; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Cross reference(s)--Definitions, § 12.101 et seq.

No person shall accumulate junk:

(a) On any lot that is not in his ownership or possession, unless he has permission from the owner of such lot to do so.

(b) On any lot used for residential purposes, unless done in strict compliance with Section68.703.

(c) On any parcel of land adjacent to a lot used for residential purposes, except:

(1) As a part of and incident to a lawfully established and conducted commercial or industrial enterprise; or

(2) When done in strict compliance with Section 68.703.

(a) No person shall accumulate junk or permit junk to be accumulated, on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes:

(1) Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall

which is constructed of non-flammable material and is not used for structural support of a building;

(2) Within 15 feet of any rear lot line;

(3) Within 10 feet of any side lot line; or

(4) In the front yard.

(b) No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with all of the following regulations:

(1) The accumulation shall be stored in sturdy, vermin-proof, closed containers, or on platforms elevated not less than

18 inches above the ground;

(2) The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,

rodents, vermin or pests;

(3) The accumulation shall not be strewn about or maintained in an unsightly condition;

(4) The accumulation shall be maintained so as not to constitute a fire hazard;

(5) The accumulation, if not contained in metal or opaque containers, shall be kept in an area enclosed by a lawfully

constructed opaque fence or wall at least two feet higher than the accumulation or, alternatively, said accumulation shall be completely covered with canvas, a tarpaulin, opaque plastic or like material; and

(6) The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health,

safety or welfare.

This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junk yard, motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by The Zoning Ordinance and/or this code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junk yard, motor vehicle storage or wrecking yard, or salvage yard.

This chapter does not prohibit the accumulation of junk in accordance with the conditions and requirements of, and for the purposes authorized by, Sections 68.530 et seq. and 68.540 et seq. of this code, or for a reasonable time prior to disposal thereof in a public dump or other place where disposal lawfully may be made.

This chapter does not prohibit the accumulation of used lumber, scraps and/or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly stacked and shall be maintained in accordance with the provisions of Subsections (1) and (4) of subparagraph (a), and of subsections (2), (3) and (4) of subparagraph (b) of Section 68.703; and provided, further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width.

The Director of Planning and Development Services shall enforce this Chapter.

(Amended by Ord. No. 3877 (N.S.), effective 5-25-72; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director of Planning and Development Services shall determine whether or not a person is accumulating junk in such manner as to constitute a violation of this Chapter. In making such determination the Director of Planning may consider the nature, size and extent of the accumulation; the length of time the accumulation has been permitted to remain; whether, and to what extent, the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship.

(Amended by Ord. No. 3877 (N.S.), effective 5-25-72; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

If the Director of Planning and Development Services determines that an accumulation of junk exists in violation of this Chapter, he or she shall declare a public nuisance and issue a Notice and Order to Abate in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section16.201) of this Code.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

(Amended by Ord. No. 3877 (N.S.), effective 5-25-72; repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

(Amended by Ord. No. 3877 (N.S.), effective 5-25-72; amended by Ord. No. 5200 (N.S.), effective 8-10-78; repealed by Ord. No. 7141 (N.S.), effective 6-26-86)

The accumulation of junk contrary to this Chapter is hereby declared to be a public nuisance. Upon direction of the Board of Supervisors the County Counsel shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction and such action shall be in addition to any other remedy provided in this Chapter or any other provision of law.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Within 90 days following the effective date of this Chapter, every person owning or in possession of land on which there is an accumulation of junk which does not conform to the provisions of this Chapter shall remove said accumulation of junk or bring said accumulation of junk into conformity with such requirements.