Part 5 — DESCRIPTIONS OF PROPERTY BLIGHT

The existence of any one or more of the conditions or activities described in this part constitutes property blight.

(Ords. 21973, 22283, 24315, 26443, 26710.)

Any building or structure that is unsecured constitutes property blight. A building or structure is unsecured when either of the following conditions exist:

A.

The building or structure is inhabited, occupied or used without the consent of the owner or the agent of the owner; or

B.

Unauthorized persons can readily gain entry to the building or structure without the consent of the owner or the agent of the owner.

(Ords. 21973, 22283, 24315, 26443, 26710.)

A partially constructed, reconstructed or demolished building or structure upon which work has been abandoned constitutes property blight. Work is deemed abandoned when there is no valid current building or demolition permit for the work or when there has not been any substantial work on the building or structure for a period of six months or more.

(Ords. 21973, 22283, 24315, 26443, 26710.)

Any property that is unsecured and constitutes an attraction to children or a harbor for vagrants, criminals or other unauthorized persons, or is in a condition such that persons can resort thereto for the purpose of committing a nuisance or unlawful act constitutes property blight.

(Ords. 21973, 22283, 24315, 26443, 26710.)

Any building or structure that is in a state of disrepair constitutes property blight. A building or structure is in a state of disrepair when any of the following conditions exist:

A.

Exterior walls or roof coverings have become deteriorated, do not provide adequate weather protection, or show evidence of the presence of termite infestation or dry rot; or

B.

Broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers; or

C.

Building exteriors, walls, fences, retaining walls, driveways, or walkways that are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties.

(Ords. 21973, 22283, 24315, 26443, 26710, 27509.)

The existence of any one or more of the following exterior property conditions constitutes property blight:

A.

The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that:

Constitutes a fire hazard or other condition that is dangerous to the public health, safety, welfare; or

Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or

Substantially detracts from the aesthetic and property values of neighboring properties; or

Is overgrown onto a public right-of-way at least twelve inches; or

Is completely dead, over twelve inches in height, and covers more than fifty percent of the front or side yard visible from any street.

B.

The property fails to comply with applicable development permit requirements with respect to any landscaping requirements.

(Ord. 26710.)

A.

A single-family dwelling subject to a Development Permit under Title 20 of this Code or Tract Map pursuant to Title 19 of this Code shall be landscaped in accordance with the requirements of the Development Permit or Tract Map. A single-family dwelling with new and rehabilitated landscaping subject to Chapter 15.11 of this Code shall be landscaped and maintained in accordance with the water efficiency landscaping requirements of that Chapter.

B.

Subject to the paved surface limitations set forth in Section 20.30.440 of this Code and Subsection C. below, all single-family dwellings not subject to a Development Permit under Title 20 of this Code or a Tract

Map under Title 19 or the landscaping water efficiency requirements of Chapter 15.11 of this Code shall meet all of the following requirements:

The site of the single-family dwelling shall have landscaping installed in the non-paved portions of the front and side yards that are visible from any street; and

All roof rain leaders and down spouts shall be disconnected from the storm drain system and shall drain to splash blocks that flow to onsite landscaped areas.

For the purposes of this Subsection B. only, "landscaping" means live trees, shrubs, lawns, other live plant materials or decorative landscaping.

C.

Notwithstanding the provisions of Subsection B.2. above, where the Building Official makes a determination that it is technically infeasible for a particular single-family dwelling to meet the requirements set forth in Subsection B.2. above, the Building Official may consider equivalent alternatives to those set forth in Subsection B.2. above to prevent flows of storm water to the storm drain system, so long as those equivalent alternatives are consistent with the California Regional Water Quality Control Board, San Francisco Bay Region Municipal Regional Stormwater NPDES Permit, as amended. Such equivalent alternatives can include:

Direct roof runoff to a rainwater harvesting system (rain barrels or cisterns) for on-site non-potable use; or

Direct stormwater runoff from driveways, walkways, patios, and/or uncovered parking areas to on-site landscaped areas; or

Construct driveways, walkways, patios, and/or uncovered parking areas with permeable surfaces.

D.

If only decorative landscaping is used to meet the requirements of this Section, weed block shall also be used.

E.

Failure to meet the requirements of this Section constitutes property blight.

(Ords. 26710, 29169, 30765.)

A.

A multi-family dwelling subject to a Development Permit shall be landscaped in accordance with the requirements of the Development Permit. A multi-family dwelling with new and rehabilitated landscaping subject to Chapter 15.11 of this Code shall be landscaped and maintained in accordance with the water efficiency landscaping requirements of Chapter 15.11.

B.

Subject to the paved surface limitations contained in Section 20.30.440 of Title 20 of this Code, a multi- family dwelling, not subject to a Development Permit or the requirements of Chapter 15.11 of this Code, shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street. For purpose of this subsection only, "landscaping" means that:

At least fifty percent (50%) of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials; and

The remaining portion of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have Decorative Landscaping installed.

C.

If Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used.

D.

Failure to meet the landscaping requirements of this Section constitutes property blight.

(Ords. 26710, 30765.)

A.

Any property subject to a development permit that imposes parkstrip landscaping requirements shall have landscaping installed in the parkstrip in compliance with the development permit.

B.

Any property not subject to a development permit shall have landscaping installed in the nonpaved portions of the parkstrip. For purposes of this subsection, "landscaping" means live trees, shrubs, lawns, other live plant materials or decorative landscaping, have been installed.

C.

If decorative landscaping is used to meet the requirements of this section, weed block shall also be used.

D.

Failure to meet the landscaping requirements of this section constitutes property blight.

(Ord. 26710.)

A.

The accumulation of solid waste, as defined in Section 9.10.280, constitutes property blight in the following situations:

The accumulation of solid waste is visible from a street or neighboring property and is present for more than seventy-two consecutive hours; or

The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any street, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.

B.

The accumulation of dirt, litter, or debris in vestibules or doorways of buildings constitutes property blight if it is visible from any street or neighboring properties and is present for more than seventy-two consecutive hours.

(Ord. 26710.)

Any property upon which there exists a hazardous condition constitutes property blight. A property is considered to have a hazardous condition prohibited by this chapter if any one or more of the following conditions exists on the property:

A.

Land having a topography, geology, or configuration that, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems that pose a threat of injury or are injurious to any neighboring property.

B.

Any condition or object, including without limitation landscaping, motor vehicles, fencing or signs, that obscures the visibility of traffic, pedestrians, or street intersections in a manner that constitutes a hazard.

C.

Items are present that are inadequately secured or protected and, due to their accessibility to the public, may prove hazardous including, without limitation:

Unused or broken equipment or machinery;

Abandoned wells, shafts, or basements;

Unprotected pools, ponds, or excavations;

Structurally unsound fences or structures;

Lumber, or accumulations of lumber or other construction materials; or

Chemicals, motor oil, or other hazardous materials.

D.

Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming polluted water.

(Ord. 26710.)

prohibited.

The parking, storing or maintaining of any one or more of the following items on property designed or used as a residence constitutes property blight:

A.

Any airplane or other aircraft, or any parts thereof in the front or side yard.

B.

Any construction or commercial equipment, machinery, vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more, or construction materials, except that the construction equipment, machinery, vehicle or materials may be temporarily kept within or upon the property for and during the time that the equipment, machinery, vehicle, or materials are required in connection with the delivery, pick-up, construction, installation, repair, or alteration of improvements or facilities on the property,

unless the activity is otherwise prohibited by this Code, by any permit issued pursuant to this Code, or by other applicable law.

C.

Any unmounted camper shell, in an area visible from any street.

D.

Any refrigerator in an area visible from any street or in an area accessible to the public, except when the refrigerator is set out for bulky goods collection in accordance with Chapter 9.10 of this Code.

(Ords. 26710, 27509.)

A.

No Special Mobile Equipment shall be parked, stored, or maintained in an area visible from any street for a period of time in excess of seventy-two (72) consecutive hours.

B.

The parking, storage, or maintenance of Special Mobile Equipment in a side or Rear Yard shall either be:

In an accessory building constructed in accordance with the provisions of this Code; or

In an area that provides for a five-foot (5') setback from any property line and which is not visible from any street. In addition to the setback requirement, at least one thousand five hundred (1,500) square feet, or at least sixty percent (60%) of the remaining Rear Yard area, whichever is less, must be maintained as usable outdoor recreational space or as required by Chapter 15.11.

C.

No Special Mobile Equipment shall be parked, stored, or kept within five feet (5') of any required building exit, including exit windows.

(Ords. 26710, 30765.)

A.

No motor vehicle or boat that has been wrecked, dismantled or disassembled, or any part thereof, or any motor vehicle that is disabled or may not be operated because of the need of repairs or for any other reason shall be parked, stored, or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

B.

Any parking, storage, or maintenance of either a motor vehicle or a boat in a side or rear yard shall either be:

In an accessory building constructed in accordance with the provisions of this Code; or

In an area that provides for a five-foot setback from any property line and is not visible from any street. In addition to the setback requirement, at least one thousand five hundred square feet or sixty percent of the remaining rear yard area, whichever is less, must be maintained as useable outdoor recreational space.

(Ord. 26710.)

A.

No household item shall be stored or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

B.

The storage or maintenance of a household item in a side or rear yard shall either be:

In an accessory building constructed in accordance with the provisions of this Code; or

In an area that provides for a five-foot setback from any property line and, which is not visible from any street. In addition to the setback requirement, at least one thousand five hundred square feet, or at least sixty percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

C.

No household item shall be stored, or maintained within five feet of any required building exit, including exit windows.

D.

This section does not prohibit the storage, or maintenance of any of the following:

Machinery installed in accordance with the provisions of this Code in the rear or side yard setback areas for household or recreational use, or

Furniture designed and used for outdoor activities, or

Any item stored or kept within an enclosed storage structure.

(Ord. 26710.)

A.

No boxes, lumber, dirt, or other debris shall be stored or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

B.

The storage or maintenance of boxes, lumber, dirt, or other debris in a side or rear yard shall either be:

In an accessory building constructed in accordance with the provisions of this Code; or

In an area that provides for a five-foot setback from any property line, and which is not visible from any street. In addition to the setback requirement, at least one thousand five hundred square feet, or at least sixty percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

C.

No boxes, lumber, dirt, or other debris shall be stored or maintained within five feet of any required exit, including exit windows.

(Ord. 26710.)

Subject to Section 17.72.585, the following activities on any property designed or used as a residence constitute property blight:

A.

Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, or servicing, in any setback area, of any airplane, aircraft, motor vehicle, special mobile

equipment, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

B.

The use of any motor vehicle for living or sleeping quarters in any place in the city, except in a location lawfully operated as a mobilehome park or travel trailer park, subject to the following:

Nothing contained in this section shall be deemed to prohibit bona fide guests of a city resident from occupying a recreational vehicle upon residential premises with the consent of the resident for a period not to exceed seventy-two hours; and

Any recreational vehicle so used shall not discharge any waste or sewage into the city's sewer system except through the residential discharge connection of the residential premises on which the recreational vehicle is parked.

(Ord. 26710.)

This chapter shall not prohibit the following:

A.

An owner, lessee, or occupant of the property from repairing, washing, cleaning, or servicing personal property that is owned, leased, or rented by the owner, lessee, or occupant of the property so long as any repairing or servicing performed shall be completed within a seventy-two consecutive hour period; or

B.

Repairing or servicing of a motor vehicle or part thereof within a completely enclosed building in a lawful manner where it is not visible from the street or other public or private property.

(Ords. 21973, 22283, 24315, 26443, 26710.)