Victorville Municipal Code Art. 13 Nuisances

(a) It is necessary to further expand upon and supplement the nuisance conditions already listed in the Victorville Municipal Code under Section 13.02 and provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety, or welfare of the general public in such ways to constitute a public nuisance, and:

(1) To safeguard the health, safety, and welfare of the people by maintaining property or premises in good, clean, and healthful condition;

(2) To promote a sound and attractive community appearance; and

(3) To enhance the economic value of the community through the regulation of the maintenance of property or premises.

(b) Accordingly, the City of Victorville finds and declares that the purpose of this Article is to:

(1) Reduce the threat to health, safety, welfare, appearance, and economic value due to nuisance property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated and;

(2) Abatement of such condition(s) is in the best interest of the health, safety, and welfare of the residents of the City because maximum use and enjoyment of property or premises in proximity to one another depends upon maintenance of those properties or premises at or above the minimum standard.

(Ord. No. 2303, § 1, 12-3-13)

It is hereby declared to be unlawful and a public nuisance for any owner or other person in control of said property or premises to keep or maintain property, premises, or rights-of-way in such a manner that any of the following conditions are found to exist:

(a) Inoperable motor vehicles or parts thereof.

(1) No person shall store or keep any dismantled or inoperative vehicles or parts thereof, within the City for a period longer than three days.

(b) Property maintenance.

(1) The open or outside storage and/or accumulation of packing boxes or containers, broken/discarded furniture, household goods, fixtures or equipment, appliances, clothing or other such personal property items, cans, bottles, lumber, wood, scrap metals, junk, trash, debris, refuse or other salvageable materials. Exceptions are trash or refuse items awaiting collection by the Sanitation Department in compliance with this Code and stacked firewood for use by the occupant of a residence on the premises;

(2) Lumber (excluding lumber for a construction project on the property with a valid permit), salvageable materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of seventy-two (72) hours and visible from a public street, walkway, alley, or other public or private property;

(3) Emission of odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract insects;

(4) Any use of private or public property that is contrary to approved land uses in the Development Code or acts which are contrary to the Victorville Municipal Code;

(5) Nothing in this Section should be construed as to prohibit residents from the practice of composting garden trimmings and other vegetative materials, provided that such activity is practiced in such a way as to prevent the generation of objectionable odors, vector or vermin problems, or fire hazards. For purposes of this ordinance, the term "composting" means the managed biological process by which organic material decomposes into a useful soil amendment. All composting activity shall take place in such a way as to prevent materials from scattering off a resident's property. Composting activity shall only take place in the rear yard of a property, and such composting activity shall not be visible from public right-of-way or adjoining properties.

(c) Refrigerator, cabinet accessibility. Except as used in the home, the leaving, storing or keeping of any refrigerator, icebox, deep freeze locker or other cabinet container having a capacity of one and one-half cubic feet or more which has not had the door locks or latches removed to prevent latching or locking of the door in any place accessible to children is a nuisance.

(d) Businesses that operate or conduct any activity in violation of local, state, or Federal law.

(e) Trash and/or recyclable receptacles that are left in the front yard for more than 24 hours after the regularly scheduled pick-up for the property.

(f) Any premises that detrimentally impacts the surrounding neighborhood or property values because of dilapidation, deterioration, decay or lack of maintenance to the structure or front yard landscaping or is unsafe for the purpose for which it is being used, or is not secured, or is improperly secured or as defined in Article 3 of this Chapter as a substandard structure.

(g) Any vacant and abandoned structure or improved lot not maintained and accessible to unauthorized persons including and not limited to juveniles and vagrants for unlawful or hazardous use, or to allow the same to become infested with vermin or rodents, or to become a menace to the health and safety of the public.

(h) Any building or structure, or any part thereof, which is abandoned, boarded up, partially destroyed, or partially constructed or incomplete buildings or structures maintained without a valid building permit.

(i) Buildings, structures or improved lots that are under construction or rehabilitation and are not completed during the term of a valid building permit or building permit extension issued by the City Manager, the Building Official, or their designees.

(j) The use of private or public property that is contrary to approved land uses in the zoning Chapter of this Code or acts which are contrary to the Victorville Municipal Code.

(k) Dirty, filthy, or inadequately maintained toilet open to the public without any of the following:

(1) Toilet paper;

(2) Hand washing facilities;

(3) Soap;

(4) Individual towels and trash receptacle for their disposal.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2388, § 3, 3-19-19)

It is hereby declared to be unlawful and a public nuisance for any person to maintain any premises or property within the City which fails to comply with any condition imposed on any entitlement, permit, contract, or environmental document issued by or approved by the City in connection with such premises or property or improvement located thereon.

(Ord. No. 2360, § 3, 12-20-16)

The following are unlawful and deemed public nuisances affecting public health, safety or welfare:

(a) All diseased animals running at large;

(b) Swimming pool, pond, spa, other body of water, or excavation which is stagnant, unsanitary abandoned, unattended, empty, which is not securely fenced, or which is determined to be detrimental to life, health, or safety;

(c) Carcasses of animals not buried or destroyed within twenty-four hours after death;

(d) Accumulations of manure or rubbish;

(e) Privy vaults or garbage cans that are not secured so as to prevent them from being tipped or moved by an outside force such as wind;

(f) The pollution of any public or private well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;

(g) Failure to properly connect inhabited improvements on any premises or property to a sewage disposal system or sanitary sewer and/or permit sewage seepage;

(h) All noxious weeds and other rank growths upon public or private property;

(i) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;

(j) All limbs of trees which are less than eight feet above the surface of any street or sidewalk;

(k) All explosives, flammable liquids, and other dangerous substances stored in any manner or in any amount in violation of any law or regulation;

(l) Storage of oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) which constitutes a fire or environmental hazard, or is detrimental to human life, health, or safety;

(m) The storage or accumulation of any combustible or noncombustible materials declared a fire hazard by the City Inspector;

(n) All buildings and alterations to buildings made or erected in violation of any applicable law or regulation concerning manner or materials of construction;

(o) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by law;

(p) All dangerous unguarded machinery in any public place or so situated or operated on private property as to attract the public;

(q) All other conditions or things which are liable to cause injury to the person or property of anyone;

(r) Overgrown, dead, diseased, or decayed vegetation, including but not limited to grass, trees, shrubs, and plants, that are injurious to the public health, safety and welfare; or are a detriment to neighboring properties and/or property values;

(s) All other acts, omissions of acts, occupations and uses of property which are deemed by the county health department to be a nuisance to the health of the inhabitants of this City or any considerable number thereof.

(1) No smoking regulations: The San Bernardino County Health Department shall have the primary enforcement authority regarding any violation of the "No Smoking" regulations set forth in California Labor Code Section 6404.5. Nothing in this Section, however, nothing shall preclude or prohibit the Police Department or Code Enforcement Division from exercising any enforcement authority regarding said Labor Code provisions.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2360, § 3, 12-20-16)

(a) No person shall throw or deposit any litter, refuse or trash in or upon any street, sidewalk or other public place within the City except in public receptacles or in official city dump sites.

(b) No person shall throw or deposit any litter, refuse or trash into any private receptacles or enclosures for collection unless such person has obtained prior authorization from the owner or person in control of such private receptacles or enclosures.

(Ord. 1550 § 1, 1991: Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Such receptacles shall have lids or covers.

(Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

(Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.

(Ord. 628 § 1 (part), 1979)

(Ord. No. 2303, § 1, 12-3-13)

Any person who knowingly causes or creates a nuisance or permits any nuisance to be created upon or to remain upon any premises owned or occupied by him is guilty of a violation of this code.

(Ord. 356 § 1 (part), 1972)

(Ord. No. 2303, § 1, 12-3-13)

The owner, occupant, lessee, or tenant of any property within the City shall be responsible for the maintenance of property and premises in a manner consistent with the provisions of this Chapter and this Code.

(Ord. No. 2303, § 1, 12-3-13)

Whenever in this Article a permit is required for the doing of any of the acts or things enumerated in this Article, the City Manager or his/her designee shall require a written application to be filed, giving sufficient information concerning the subject matter thereof so as to permit such official to obtain a clear understanding of the applicant's proposal, with such details as may be necessary for the official to determine whether there is a clear and present danger of the thing, act or operation covered by the application, adversely or detrimentally affecting the public health, safety or general welfare or unduly or unnecessarily disturbing the comfort or the peace and quiet of the community. The Planning Commission shall receive, consider, and take action upon every application; and if in their opinion, a clear and present danger does appear, then the application shall be denied. In granting the request, the Commission may attach any and all conditions as they deem necessary to preserve and protect the intent of the permit. Approval shall be made valid only for a specified time.

(Ord. 356 § 1 (part), 1972)

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

The City may choose to abate any public nuisance or violation of this Code in accordance with the provisions established in Sections 16-6.01.110, 16-6.01.120, and 16-6.04.030 of the Victorville Municipal Code. Nothing contained in this Article shall be construed as limiting, prejudicing, or adversely affecting the City's ability to concurrently or consecutively use any proceeding as the City may deem is applicable. Proceeding under this Section will not preclude the City from proceeding under other Sections of this Code. Whenever an enforcement officer determines that any condition exists in violation of the provisions of this Article, he/she may take enforcement action pursuant to this Section.

(Ord. No. 2303, § 1, 12-3-13)

In order to enforce the provisions of this Article, when the City Manager or his/her duly authorized agents and representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or summarily abate the violation thereof in accordance with Sections 16-6.01.120 and 16-6.01.130 of the Victorville Municipal Code. The cost of such cleanup or summary abatement may be recovered by the City. Such emergency cleanup or summary abatement will not relieve the responsible person from further action including, and not limited to, liability for any other violations of this Code or any other applicable provisions of State or Federal law.

(Ord. No. 2303, § 1, 12-3-13)