Suisun City Municipal Code Art. I Nuisances Declared

A. Any violation of any provision of the Suisun City Municipal Code is hereby declared to be a public nuisance.

B. Any violation of a State of California, Solano County, or Suisun City emergency order and/or declaration shall constitute a public nuisance.

(Ord. No. 806, § 2, 10-17-2023)

It shall be unlawful for any responsible party in the city to maintain real property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by this Code or other applicable state or federal law or regulation. Conditions that meet one or more of the following criteria are declared to be public nuisances per se, and subject to abatement and cost recovery as prescribed in this chapter. These conditions substantially detract from the appearance of the immediate neighborhood, reduce the property value in the immediate neighborhood, are an attractive nuisance, are materially detrimental to nearby properties and improvements, are a visual blight, are offensive to the senses, or are otherwise dangerous to public health, safety, or welfare.

A. Buildings and Structures. Buildings and structures that are abandoned, vacant, partially destroyed, constitute a fire hazard, left in an unreasonable state of partial construction, structurally unsafe, or are otherwise dangerous, attractive nuisances, or not in compliance with current building codes; buildings and structures that have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the city's building official, but fails to complete construction and obtain final approval from the city in accordance with applicable laws and regulations within the time period provided by the city's building official. The California Building Code, Uniform Code for the Abatement of Dangerous Buildings, and the California Health and Safety Code shall apply to the determination of whether a building is dangerous.

B. Broken Windows. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass.

C. Building Codes. Violations of the Suisun City Uniform Codes, the International Property Maintenance Code, and the California Abatement of Dangerous Buildings Code, and violation of any other law or regulation that the city council may adopt by reference.

D. Building Materials and Household Fixtures, Furniture, and Equipment. Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded, or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment:

1. Stored so as to be visible at ground level from a public street, alley, or from an adjoining property; or

2. Stored in a manner out of view but in an unsecured area accessible to minors; or

3. Stored in a manner as to harbor rodents, insects, or other vermin; or

4. Constitutes a fire hazard.

E. Building Residue. Residue from a fire or demolition such as concrete or brick foundations and flatwork.

F. Burning Garbage, Non-seasoned Wood, or Certain Materials. The following materials shall not be burned in a wood-burning or other device: garbage, treated wood, non-seasoned wood, used or contaminated wood pallets, plastic products, rubber products, waste petroleum products, paints and paint solvents, coal, animal carcasses, glossy or colored paper, salt water driftwood, particle board, and any material not intended by a manufacturer for use as a fuel in a wood burning devise. Visible smoke emissions from a fireplace or other permitted wood burning devise are allowed from the startup of a new fire for a period of 20 consecutive minutes in any consecutive four-hour period.

G. Construction Equipment. Construction equipment or machinery of any type, parked or stored on a property when it is readily visible to the general public, except while excavation, construction, or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

H. Deteriorated Improvements. Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements, which have become deteriorated, hazardous, defective, or unsightly.

I. Encroachments. Any encroachment onto public property for which no encroachment permit has been issued, or which is in violation of the provisions of an encroachment permit or any applicable law.

J. Garbage Containers. The leaving of any garbage, rubbish, recyclable, or green waste container in any manner that violates the provisions of Chapters 8.08 or 8.10.

K. Graffiti. Graffiti or other defacing words, letters or drawings which remain in excess of 48 hours on the exterior of any building or fence or other structure that has not been removed or covered with paint matching the structure that was defaced.

L. Hazardous Liquids and Other Substances. Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained and maintained on site in approved storage containers and pursuant to all applicable laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.

M. Hazardous Pools, Ponds, and Excavations. Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner, which may affect the health or safety of the public, including providing a breeding place for mosquitoes and algae, failing to comply with state and safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area.

N. Human or Animal Waste. Human or animal urine or fecal matter that is disposed of has accumulated outside of approved toilets, receptacles, or equipment intended for the disposal of such matter, so as to create a hazardous condition.

O. Landscaping, Vegetation, and Landscape Materials.

1. Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn, turf and/or other material determined to be acceptable or required by the city enforcement official. Landscaping must be maintained in good and tidy condition, and in accordance with any approved permit, site plan, or landscaping plan.

2. Dead, decayed, diseased or hazardous trees, weeds or tall grass more than eight inches tall, except ornamental grasses or native plants, or overgrown vegetation which is a fire hazard or is likely to harbor rats, vermin, or other pests, constitutes an unsightly appearance, is detrimental to neighboring properties or property values, or protrudes over or across a city street or sidewalk so as to substantially obstruct the clear passage of vehicles or pedestrians.

3. The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials in a manner likely to harbor rodents, insects, or other vermin.

P. Land Use Entitlements. The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the city in connection with a property or any improvement thereon.

Q. Offensive Odors. Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other materials, which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.

R. Accumulation of Personal Property. The keeping, storage, depositing, or accumulation of an excessive amount of personal property visible from a public street or alley and/or adjacent private property.

S. Public Right-of-Way. The keeping, storage, depositing, or accumulation of landscaping materials, sporting equipment, garbage cans, or any other personal property within the public right-of-way, including, but not limited to, greenways, landscaped medians, streets, sidewalks, and alleyways.

T. Safety Hazard. The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health, or public safety.

U. Sewage. The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground; failure to maintain a septic tank or sewer line, junction, or any fixture linked to a sewer line such that seepage or discharge of sewage occurs.

V. Signs. Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.

W. Storage Containers and Dumpsters. Storing or keeping boxes, containers, or dumpsters, in excess of 72 consecutive hours, except when otherwise permitted by this Code or the city manager, when engaged in ongoing construction activity.

X. Tarps and Canopies. The keeping or using of tarps, canopies, or other similar items intended to be used as a temporary protective cover or shelter in a state of disrepair or beyond the intended use period, when the item is stored so as to be visible at ground level from a public street, alley, or adjoining property. Temporary use items visible for more than 30 consecutive days or, in the aggregate, 30 days in any calendar year shall be presumed to be beyond their intended period of use.

Y. Tractor-trailers. Any semi-tractor-trailer truck, also known simply as a semi-trailer truck, tractor-trailer truck, semi-tractor truck, semi-truck, big rig, 18-wheeler, trailer truck or tractor truck, or combination of a tractor unit and one or more semi-trailers to carry freight and/or exceeding 10,000 pounds, parked or stored on any driveway, street, an unimproved surface or otherwise in violation of this Code; unless parking or storage on the street is authorized within the zoning district where it is parked or stored.

Z. Unpermitted Construction or Alterations. The building, construction, or placement of any unpermitted structure or building, including, but not limited to, an unpermitted carport, driveway entrance, patio cover, pergola or improvements to a previously approved structure or building.

AA. Vacant Properties. See Section 8.12.116, below.

BB. Vehicle Parts. The keeping, storage, depositing, or accumulation on the premises of motor vehicle parts or scrap, including tires, which is:

1. Visible at ground level from a public street, alley; or visible from adjoining property; or

2. Contains more than personal use items unless allowed by previous city review or permit in appropriate commercial or industrial zones.

CC. Vehicles, Including Motor Homes, Trailers, and Boats.

1. Any vehicle, recreational vehicle, motor home, camper, camper shell, boat, or trailer parked or stored outside of a garage or carport on an unimproved surface, or otherwise in violation of this Code.

2. Any inoperable vehicle, recreational vehicle, motor home, boat, or trailer parked or stored outside of a garage or carport on a driveway, street, an unimproved surface, or otherwise in violation of this Code.

DD. Visibility Hazards. The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection, pedestrian walkway, street sign, street light, or traffic signal.

EE. Weeds and Rubbish. See Section 8.12.216.

(Ord. No. 806, § 2, 10-17-2023)

The following special noise restrictions are hereby established without regard to their sound level impact and may be enforced without the prerequisite of a sound level measurement.

A. General Noise Regulations. It is unlawful for any person to willfully make or continue or permit or cause to be made or continued, any loud, unnecessary, or unusual noise which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

1. The volume of the noise;

2. The intensity of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise is natural or unnatural;

5. The volume and intensity of the background noise, if any;

6. The proximity of the noise to residential sleeping facilities;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area within which the noise emanates;

9. The time of the day or night the noise occurs;

10. The duration of the noise, including whether it is short-term or temporary;

11. Whether the noise is produced by a commercial or noncommercial activity.

B. Specific Prohibitions. The following activities shall constitute prima facie evidence of a violation of this section:

1. Auto Body Repairs. Repair any auto body unless within a completely enclosed building and the noises from such repairs are reasonably confined to such building.

2. Engine Repair and Testing. Repair, rebuild, or testing of any engine in a manner that can be heard on neighboring properties between the hours of 9:00 p.m. and 7:00 a.m.

3. Animals. The keeping of any animal that causes frequent or persistent noise plainly audible by inhabitants or occupants of any adjacent or neighboring residential properties or units, or plainly audible at a distance of 50 feet from any nonresidential building or structure, shall be presumed to disturb the comfort and repose of any person on a nearby property, following regulations of Title 6 (Animals); however, nothing in this subsection shall be construed to apply to occasional noises emanating from a legally operated kennel, animal hospital or veterinary clinic, humane society, or pound.

4. Generators. Generators are considered accessory structures in residentially zoned lots and shall meet the setbacks described in Table 18.31.005 (Table of Development Standards in Residential Zones) for accessory structures in residential zones. Generators in commercially zoned lots located near noise sensitive land uses must meet the guidelines of Section 18.20.080 (Trash and Storage Areas) and meet the setbacks described in Table 18.32.010 (Table of Development Standards in Commercial Zones) for enclosed structures for generators in commercial zones, the openings of the structure shall not face noise sensitive zones. Portable generators must meet the setbacks described in Table 18.31.005 (Table of Development Standards in Residential Zones) for accessory structures in residential zones, unless manufacturer's decibel rating is below 70 dB (consistent with air conditioning unit).

5. Domestic Power Tools. Operating or permitting the operation of any domestic power tools, small power equipment, or similar device used in residential areas between the hours of 9:00 p.m. and 7:00 a.m. so as to cause noise that can be heard across a residential real property boundary.

6. Sounding Horns and Signal Devices. The sounding of any horn or signaling device on any automobile, motor vehicle or any other vehicle on any street or public street except as a danger warning; the creation by means of any such signaling device of any unreasonably and unnecessarily loud or harsh sounds; the sounding of any such signaling device for an unnecessarily or unreasonably long period of time; or the use of any horn, whistle or other device operated by engine exhaust.

7. Vehicle Noise.

a. Defect in Vehicle or Load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.

b. Motor Vehicle Noises. Any loud or annoying noise made by any motor vehicle and not reasonably necessary to the operation thereof under the circumstances, including, but not limited to, noise caused by screeching of tires; racing or accelerating the engine; backfiring the engine; or the emission of exhaust from the engine tail pipe or muffler. Vehicles must be maintained in compliance with Sections 27150, 27151, 27200 of the Vehicle Code, 13 CCR 1036, including amendments and successor statutes thereto, and any other relevant state laws and regulations.

c. Large Vehicle Delivery and Loading Within 50 Feet of Residential Uses. The loading, unloading, or delivery of goods, merchandise, vehicles or supplies by large trucks, tractor-trailers, or other similar vehicles between the hours of 9:00 p.m. and 7:00 a.m. unless a sound wall or other hours have been allowed through a use permit.

8. Musical Instruments and Sound Amplifiers. Use or operate any musical instrument or any device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise as follows:

a. Use or operate any device, machine, apparatus, or instrument for intensification or amplification of musical instruments, the human voice, or of any other sound without first obtaining a special event permit:

i. In or on a public place that is clearly audible from 50 feet;

ii. In or on any property that is audible at adjoining or adjacent properties.

b. Use of any unamplified musical instrument, or other apparatus that is clearly audible from a distance of 50 feet, without first obtaining a special event permit:

i. In or on a public place that is clearly audible from 50 feet;

ii. In or on any property that is audible at adjoining or adjacent properties.

c. Operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device, which produces, reproduces, or amplifies sound in any public place such that the noise level disturbs a reasonable person owning, using, or occupying property in the neighborhood between the hours of 9:00 p.m. and 7:00 a.m.

d. Use, operate, or play, or permit to be played, used, or operated, of any radio receiving set, musical instrument, audio system, loudspeaker, sound amplifying equipment or other machine or device for the producing or reproducing of sound, which casts sound upon the streets for the purpose of commercial or noncommercial advertising, or attracting the attention of the public to any building, structure or attraction:

i. Such that the sound therefrom creates noise in a residential area; or

ii. On a public place without first obtaining a special event permit.

9. Explosives, Firearms, and Similar Devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise across a real property boundary or on a public place, except when part of a government-authorized honor guard.

10. Construction or Demolition Work. Construction or demolition work not in conformance with Section 15.04.075 (Construction Work Hours) of this Code.

11. Late Night Disturbances. Disturbances of any kind that are plainly audible by inhabitants or occupants of any adjacent or neighboring residential properties or units, or are plainly audible at a distance of 50 feet from a real property boundary, that occur between 9:00 p.m. and 7:00 a.m., shall be prima facie evidence of violation of this subsection.

12. Persistent Noise Not Otherwise Allowed.

C. Exemptions. The following are exempt from the provisions of this section:

1. Sound or noise associated with emergencies or emergency work, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including, but not limited to, sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment.

2. Sound or noise associated with construction or maintenance of city facilities and other activities by any city department or its contractors, utilities, waste hauler, or any other public entity.

3. Sounds typically associated with residential uses (e.g., children at play, air conditioning and similar equipment in good working order, but not animal and fowl noises in violation of Subsection (B)(3), above).

4. Sounds typically associated with property maintenance (e.g., domestic power tools not performed by a commercial entity) provided such activities take place between the hours of 7:00 a.m. and 9:00 p.m.

5. Safety, warning, and alarm devices, including house and car alarms, and other warning devices that are designed to protect the health, safety and welfare, provided such devices are not negligently maintained or operated. The sounding of burglar alarms shall not constitute a violation of this section except after 20 minutes of continuous activation. Further, on or after one year from the effective date of the ordinance from which this section is derived, no owner of a motor vehicle, dwelling or commercial property shall have in operation an audible burglar alarm therein unless such burglar alarm shall be capable of terminating its operation within 20 minutes of its being activated.

6. The sounding of any horn, bell, whistle, siren or other audible warning device which is operated in compliance with Section 7604 of the California Public Utilities Code, or other state or federal laws governing railroad operations.

7. Sounds associated with the operation of radio systems operated by FCC licensees in the regular course of business.

8. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities, such as school bands and school athletic events.

9. Any activity related to the construction, development, manufacture, maintenance, testing, or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated, or under the jurisdiction of the United States.

10. Any other activity to the extent regulation thereof has been preempted by state or federal law or regulations.

11. Activities or events whose noise is regulated by a city issued permit with conditions that specify the type of noise and hours permitted to operate, such as but not limited to, a special use permit, special event permit, special construction permit.

(Ord. No. 806, § 2, 10-17-2023)

The following shall also constitute public nuisances that may be abated in accordance with this chapter.

A. Obstructing Public Passageways. It shall be unlawful for any person to obstruct ingress or egress to any building, or to obstruct the passage of persons or vehicles passing along any street, alley, sidewalk, or other public right-of-way.

B. Breach of the Peace. No person shall make in any public place, including, but not limited to, parks, greenways, landscaped medians, common city spaces, streets, sidewalks and/or alleyways, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. "Disturbance" and "breach of the peace" mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting.

C. Interference with Right of Assembly. No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people.

D. Public Excretion. No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose.

E. Swimming in Canals. No person shall bathe or swim in any canal within the city.

F. Motor Vehicle Racing. It is unlawful for any person to operate, conduct, maintain, promote, participate or engage in any motor vehicle race within the city, unless such race is expressly allowed by city permit or occurs in a facility permitted for such activity. For the purposes of this section.

(Ord. No. 806, § 2, 10-17-2023)

A. Maintenance Required. Vacant residential, commercial, and industrial buildings and all yards surrounding the building must be maintained, actively monitored, and secured in accordance with the following standards or the property will be considered blighted and a nuisance subject to abatement pursuant to the procedures set forth in this chapter, and any other available enforcement mechanisms.

1. Yard Maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all vegetation controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including parkways, with acceptable landscaping, installed and maintained in a trimmed, live, and healthy condition.

2. Building Exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.

3. Broken Windows. Board up broken windows within 24 hours and replace broken windows within 72 hours, subject to the provisions of Subsection (B)(1)(g), below.

4. Trash and Debris. Remove all trash and debris within 72 hours of their placement or abandonment on the property.

5. Compliance with Laws. Maintain the building in continuing compliance with all applicable state and local codes and regulations and any applicable city issued permits, including all provisions of this chapter.

6. Prevention of Criminal Activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity.

7. Secure Property. Secure the property, both structure and grounds, against trespassers, including, but not limited to, by the installation and use of fencing, maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding-up, or such other means as shall be accepted by the city manager. Boarding and fencing should be considered a short-term remedy and the city may require alternative methods of maintaining and securing a property. When a building is boarded-up or the property fenced, the owner shall comply with standards established by the city manager.

8. Graffiti. Remove all graffiti on the property within 48 hours of placement on the property.

B. Vacant Property Plan. The city manager may issue an order to submit a vacant property plan to the property owner and require the payment of a fee as required under this section.

1. The vacant property plan shall include the following information and shall be submitted within 30 days of service of the order:

a. Name and address of person submitting the vacant property plan;

b. Name and address of all property owners of the subject property;

c. The name and address of a local agent, if the property owner is not local, that the city manager may contact related to enforcement of this article;

d. The expected period of vacancy;

e. A plan to make any buildings ready for occupancy that could not be legally occupied under state and local law at the time of submission of the plan;

f. If required by the city manager, a plan to either occupy, sell, lease, or demolish the building within 180 days or such other time as determined reasonable by the city manager under the circumstances;

g. A plan for actively monitoring, maintaining, and securing the property and otherwise complying with this article;

h. A letter of written consent by the property owner to the city manager to allow city code enforcement inspectors to enter the property for inspections as reasonably required to enforce the provisions of this article;

i. Any other information required by the city manager in rules and regulations adopted by the city manager under this article.

2. Exception. If the vacant building will be occupied within 30 days of service of the notice, the owner may notify the city manager in writing of this fact and the owner will be excused from submitting a vacant property plan.

3. Vacant Property Plan Fee. When a property owner is ordered to submit a vacant property plan by the city manager they shall also be required to reimburse the city of the actual cost to monitor or inspect the property and to review and approve the vacant property plan. The city manager shall have discretion to determine the number of inspections required to monitor the property upon submission of the plan, based upon the type and condition of the property, and the history of violations at the property.

4. Appeal. An order to submit a vacant property plan and/or a decision by the city manager rejecting a vacant property plan are appealable in accordance with the procedures set forth in this chapter except that both an order to submit a vacant property plan and a rejection of a vacant property plan must be appealed within 15 days from service of the notice of the order or rejection.

5. Approved Vacant Property Plan. A vacant property plan is enforceable immediately upon notice to the property owner of its approval, and shall be valid and enforceable until the city manager releases the property from the approved vacant property plan, or until the property is no longer vacant, whichever occurs first. If at any point the city manager determines that the approved vacant property plan is no longer effective, the property owner shall be required to seek approval of a new vacant property plan and pay a fee for that renewal as set forth in Subsection (B)(3), above.

An approved vacant property plan shall be recorded against the property so as to provide notice to subsequent owners. The city manager's release of a vacant property plan shall similarly be recorded.

6. Noncompliance. Failure by the property owner to submit a vacant property plan, to comply with an approved vacant property plan, or to pay a fee as required under this section is a violation of this Code and a public nuisance, subject to the abatement and cost recovery procedures set forth in this chapter and any other available enforcement mechanisms.

7. Transfer of Vacant Building. The transferee of a vacant building is subject to the requirements of this chapter. The transferee may apply to the city manager to be released from the requirements of the vacant property plan. It shall be in the city manager's discretion to grant such a transfer or require the new property owner to establish a new vacant property plan. The city manager's decision shall be final.

8. Service. Service of an order to submit a vacant property plan, notice of rejection, or approval of a vacant property plan shall be made on the property owner by personal service or first class mail, and/or posted at the property. Where known, a copy may also be provided by e-mail. Failure to achieve or accept service personally on the property owner shall not invalidate the requirements of this section.

(Ord. No. 806, § 2, 10-17-2023)