San Marino Municipal Code Art. 02 Nuisance Conditions

The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it is a public nuisance and unlawful for any person (as defined in Section 01.04.01) to allow, cause, create, maintain, or suffer, or permit others to allow, cause, create, maintain, or suffer the following:

A. Overgrown vegetation or dead, decayed or diseased trees or other vegetation which:

1. Constitutes an unsightly appearance to such an extent as to result in, or contribute to, a diminution of property values or which is dangerous to public safety or welfare;

2. Is likely to harbor, or promote the presence of, rats, vermin and/or insects;

3. Creates, or tends to create, the existence of a fire hazard; or

4. Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

B. Land, topography, geology or configuration, whether in a natural state or as a result of grading operations, excavation or fill, which causes erosion, subsidence or water surface drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties.

C. Storage or accumulation of junk, debris, rubbish, or trash visible from the public right of way or neighboring properties for more than twenty four (24) hours.

D. Storage of debris, rubbish or trash which constitutes a fire hazard or is attractive to rodents or other pests.

E. Storage or accumulation of personal property, including but not limited to clothing, motor vehicle parts and tires, broken, discarded or inoperable household furnishings, appliances, tools or machinery, play equipment or other similar items, visible from the public right of way or from neighboring properties, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values.

F. Materials or items of any kind stored on rooftops visible from the public right of way or from neighboring properties.

G. Garbage or trash cans or containers that are:

1. Stored on front or side yard areas which are visible from the public right of way; or

2. Emitting offensive odors to adjacent properties.

H. Any structure, building, or other improvement, either permanent or temporary, which:

1. Are structurally unsafe, either entirely or partially.

2. Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations, floors, windows or doors or lack of paint or other protective finish.

3. Constitute a fire hazard or other threat to public health and safety.

4. Are left in a partially constructed state for one week and for which a construction/building permit, if any, has expired.

5. Are unoccupied or abandoned and which have been left open and unlocked or otherwise unsecured so as to be accessible to persons and animals or unprotected from the elements.

6. Contains any of the conditions listed in Health and Safety Code § 17920.3, and any future amendments thereto.

7. Are in violation of any provision of the City Code or any other law, statute, code or regulation which the City is empowered to enforce.

8. Encroaches onto, obstructs, or interferes with any public right of way except as provided for under an active permit issued by the City.

I. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

J. Fences or walls which are unsightly, unsafe, in a state of disrepair or which hinder or obstruct access to public sidewalks.

K. Attractive nuisances including, but not limited to, unsecured and or hazardous pools, ponds, refrigerators or excavations.

L. On-site and off-site signs which advertise uses no longer conducted or products no longer sold on the property.

M. Commercial signs located on any building which has been vacant for more than forty five (45) days, excluding signs advertising said building for sale, lease or rent.

N. Temporary signs which advertise or relate to events which have already taken place.

O. Abandoned, wrecked, dismantled or inoperative automobiles, trucks, motorhomes, trailers, campers, motorcycles, boats or similar vehicles.

P. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is otherwise materially detrimental to surrounding properties and improvements.

Q. Maintenance of 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.

R. Violation of section 18.03.05 of this code.

S. Any condition, use, or activity that constitutes a public nuisance as defined by Civil Code sections 3479 or 3480, and any future amendments thereto.

T. Any building, structure, or use of real property that violates or fails to comply with any applicable approval, permit, license, entitlement, or condition of approval relating thereto, any ordinance of the city, including, but not limited to, any provision of this Code, and/or applicable county, state, or federal law or regulation.

U. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the provisions of the San Marino Municipal Code, or any other ordinance of the city, including, but not limited to, the following acts:

• 1. Unlawful possession, use, and/or sale of controlled substances;
• 2. Prostitution; and/or
• 3. Unlawful gambling. (Ord. 952, 3-8-1989; amd. Ord. 099-1135, 12-8-1999; Ord. O-22-1389, 4-13-2022)