San Mateo Municipal Code Ch. 7.16 Public Nuisances

(a) A public nuisance is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway and which affects at the same time a community, neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(b) This chapter, as well as other sections of the code, declare certain uses, actions, and activities to be public nuisances. It is the express intent of the Council that those declarations are in addition to, and not subject to, the generic determinations of public nuisances contained in and authorized by this section. Further, none of the express declarations of public nuisances contained in this chapter or the code are to or shall be construed to be exclusive or in any other way to limit the authority of the City to identify and abate public nuisances pursuant to City, County, State, or Federal law.

It is unlawful for any person or entity to maintain, create, cause, or permit any public nuisance.

The following are expressly declared to be public nuisances adversely affecting the public health:

(a) Decaying, infected, or unwholesome food, bartered, sold, or offered for sale to the public, or designed or offered for human consumption.

(b) Animals affected with disease, or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals.

(c) Ponds or pools holding stagnant water.

(d) Uncovered or inadequately covered accumulations of manure, animal feces, plant material, fruits, or rubbish that provide a breeding place for flies, mosquitoes, or vermin, or which release gases or which produce a noxious or offensive odor.

(e) Pollution or contamination of any water supply or water course by sewage, industrial, chemical, oil, junk, debris, or any other waste or product.

(f) Smoke, fumes, gas, dust, soot, cinders, or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person of ordinary sensibilities.

(g) Any other acts, conditions, occupations, and uses of property that are a menace to the public health.

The following are expressly declared to be public nuisances adversely affecting the public peace and safety:

(a) Storage, leakage, release, or use of any explosive, flammable liquid, or other dangerous, toxic, or hazardous substance in any manner or in any amount other than as permitted pursuant to this code and County, State, or Federal laws.

(b) All buildings and alteration of buildings, or parts thereof, made or erected in violation of City ordinances or any applicable County, State, or Federal laws prescribing the manner and materials for the construction or alteration, including construction without required permits.

(c) Uses of property that violate City ordinances, including the Zoning Code, unless such uses are legally nonconforming uses.

(d) Obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way, or sidewalk except when and as permitted pursuant to this code or State law.

(e) Rainwater, well water or drainage water issuing in a collected or directed manner or falling from any building, structure, well or paved area upon any sidewalk or public pedestrian way, or flowing across any sidewalk or public pedestrian way.

(f) Any dangerous, unguarded machinery or appliances left in any public place or so operated or situated on private property so as to be accessible to the public.

(g) Any dead, diseased, infected, or dying tree or shrub on any property so near to a street, public right-of-way, or a public utility easement as to constitute a danger to street trees, public utility services, streets, sidewalks, vehicle travel, persons, or property, other than that of the owner of the tree.

(h) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire, or electrolier.

(i) Branches, roots, trees, shrubs, or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along, any portion of any public street or sidewalk.

(j) Hedges or dense, thorny shrubs extending into the public right-of-way.

(k) Branches of trees or shrubs that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street.

(l) Fences, hedges, or growths of like nature that violate the restrictions imposed by Chapter 27.84.

(m) Generation of intense glare or heat that unreasonably affects use and enjoyment of neighboring property or confuses or interferes with travel along a street or sidewalk.

(n) Excavations, holes, ponds or any other dangerous property condition that are open and unsecured from access by the public.

(o) Any barbed wire or electrified fence within a plane of four horizontal feet from any public street, way, sidewalk, path, or park; any wire, twine, or rope fences, consisting of one or more strands of wire, twine, or rope that is less than three feet in height and less than three feet from any public street, way, sidewalk, path, or park.

(p) Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety.

The following are expressly declared to be public nuisances:

(a) Buildings or structures that are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human safety and life.

(b) Buildings that are in violation of Chapter 7.14, Title 23, Title 27.

(c) Erosion, undercutting, sliding, excessive sloping, subsidence, saturation of soil, or surface water drainage of such magnitude or effect to be potentially injurious to the public whether caused by grading operations, excavations, or fill, directed or disregarded drainage or as a result of the topography, geology, or configuration of the land in its natural or altered state.

(d) Accumulation of debris, rank overgrowth of trees, bushes, vegetation, weeds, or uncultivated grass over 12 inches in height.

(e) Buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of 90 days or more, except in the case of partial construction, in which case the time shall be for a period of 180 days or more, and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare.

(f) Unpainted buildings or buildings with substantial missing or peeling paint otherwise causing or tending to cause dry rot, warping, or termite infestation.

(g) Buildings with windows containing broken glass or missing glass.

(h) Any wrecked, disabled, inoperative, salvaged or dismantled vehicle, vessel, equipment, appliances, or parts stored or parked visible from a public street, unless they are stored or parked pursuant to the provisions of this code.

(i) Broken, inoperative, or discarded furniture or other household equipment, litter, garbage or other refuse visible from a public street.

(j) Clothes hanging in any visible portion of a front yard.

(k) Garbage cans visible from a public street for more than 24 hours.

(l) Condition of premises that is so defective, unsightly, deteriorated, or disrepaired as to be materially detrimental to the use and enjoyment or value of nearby properties and improvements.

(m) Emanation of noise or vibrations of such a loud, unusual, unnecessary, penetrating. lengthy, raucous, annoying, untimely, or boisterous nature as to unreasonably disturb, annoy, injure, interfere with, or endanger the comfort, repose, health, peace, safety, or welfare of the users of neighboring property.

(n) Items stored and stacked outside of an outdoor recycling collection area and otherwise in violation of Chapter 27.86.

Inoperative vehicle means a vehicle that cannot operate safely or legally upon the streets or highways of the state and includes any vehicle that does not have current valid registration. With respect to a motor vehicle, in addition to the foregoing, inoperative vehicle means a vehicle that is then not capable of self-propulsion.

The City may choose to abate any public nuisance or violation of this Code through any of the abatement methods set forth in this code or in State or Federal law, and nothing contained in this title shall be construed as limiting, prejudicing, or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City may deem are efficient, effective, practicable, or applicable.

A notice of hearing before the Community Relations Commission may be issued by the Director of Community Development, or the Director's designee, to determine whether (1) a public nuisance exists; (2) a violation of Chapter 23 of the municipal code exists; (3) a violation of Chapter 25 of the municipal code exists; or (4) a violation of Chapter 27 of the municipal code exists.

(a) Notice of the time, date, and place of the public hearing on the alleged nuisance or violation will be provided at least 10 days before the date set for the hearing by posting on the premises involved and mailing by first class mail to the following persons:

(1) The owners of the premises as their names appear on the last equalized roll upon which City taxes are collected on the premises; the name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the notice; and

(2) To the occupants of the premises as their names reasonably appear on the premises.

(b) The notice will contain a description of the premises involved by street address, including if appropriate, the lot and block number description, a brief summary of the conditions and violations alleged to exist on the premises, and a brief summary, if any, of the abatement believed necessary.

At the time stated in the notice, or at the time to which the Community Relations Commission may continue the proceeding, the Commission will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the Commission.

(a) Upon the conclusion of the hearing on each matter brought before the Community Relations Commission, the Commission will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or if an order to abate a violation of Title 23, 25, or 27 as applicable, should issue.

(b) If the Community Relations Commission finds that a nuisance does exist, the Commission may order the nuisance to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatement as the Commission finds are just and proper.

(c) If the Community Relations Commission determines that an order to abate a violation of Title 23, 25 or 27 should issue, the Commission may order the violation to be abated, may further require the abatement within a specific time period, and may impose such further conditions on the abatement as the Commission finds are just and proper.

(d) A copy of the order will be posted on the premises. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners in the same manner as for the hearing notice.

Any interested person may appeal a decision of the Community Relations Commission to the City Council by filing a notice of appeal together with the fee established by resolution of the Council no later than 10 days after the decision of the Commission. Upon receipt of such an appeal, the City Clerk will set the matter for hearing before the Council on the first open agenda of the Council that is at least 15 days after the date of receipt.

(a) Notice of a hearing on an appeal of a decision of the Community Relations Commission on a public nuisance or violation will be given in the same manner and to the same persons as for a hearing on a public nuisance or violation before the Commission.

(b) The Council will hear the appeal de novo and consider all relevant facts and testimony presented.

(c) At the conclusion of the hearing, the Council may approve, disapprove, or amend the decision of the Commission, as the Council in its sole discretion determines is just and proper.

(d) Notice of the action of the Council will be given in the same manner as provided for notice of action by the Commission.

At any time and in any case that the City Manager, or the Manager's designated representative, determines is appropriate, the Manager or the representative designated by the Manager may issue a notice of hearing before the City Council for determination of whether a public nuisance exists or an order to abate a violation of Title 23, 25 or 27 should issue, without first referring the question to the Community Relations Commission.

(a) Notice of a hearing on referral to the City Council on an alleged public nuisance or violation will be given in the same manner and to the same persons as for a hearing on an appeal to the Council of a decision by the Community Relations Commission.

(b) At the time set forth in the notice or at the time to which the Council may continue the proceeding, the Council will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the Council.

(c) At the conclusion of the hearing, the Council will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or an order to abate a violation of Title 23, 25 or 27 should issue, all as specified in the notice of the proceeding. If the Council finds that such a nuisance does exist or such an order should issue, the Council may order the nuisance or violation to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatement as the Council finds are just and proper. In the alternative, the Council may send the complaint to the Community Relations Commission or any other board or commission for further hearing and investigation, or the Council may take such other action as the Council determines is appropriate. A copy of the order will be posted on the premises involved on the following work day. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners as was provided for the hearing notice.

(d) The City official undertaking summary abatement under this section may use City forces or a private contractor, or both, and will keep an account of the costs and expenses incurred by the City.

Mailing of notice of any hearing or order under this chapter to the owners of the real property concern as the owners' names and addresses are shown on the last equalized roll upon which City taxes are collected shall be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this chapter shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents, and the failure of any such occupant, user, or possessor to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings.

Nothing contained herein shall in any way be construed to inhibit or alter any obligations any person may have to report the sale, dismantlement, or destruction of a vehicle or vehicle parts to the State Department of Motor Vehicles in accordance with applicable laws.

Any abatement process undertaken pursuant to this title shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same public nuisance or violation. At the discretion of the prosecuting attorney, any action brought to abate a public nuisance or violation or to seek compensation for damages may also include as a party the owner of the real property that is the site of the use or activity causing the nuisance. It is the express intention of this section to permit the prosecution of real property owners who fail to take reasonable steps after notice to correct nuisances or violations existing on their property even though the property may be leased to others.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

(a) For matters referred to and heard by the Community Relations Commission under Sections 7.16.060 through 7.16.090 of this chapter, an administrative fee shall be imposed if it is found that the violation was in existence eight hours before the noticed time of the Commission hearing; this fee shall be imposed even if the nuisance is subsequently abated.

(b) The administrative fee shall be included in the City of San Mateo Comprehensive Fee Schedule.