Chapter 9.60 — PUBLIC NUISANCES

This chapter is adopted pursuant to the city's police powers; Government Code Sections 38771 through 38773.7 and 53069.3, including any successor statutes; and Civil Procedure Code Section 731, including any successor statutes, for the purposes of identifying public nuisances; authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons for causing or permitting such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the city from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code. (Ord. 19-1090 § 6, 2019)

If a word is not defined in this chapter, then the applicable definitions in Title 19 or other specific cited code section shall apply. If a word is not defined, then the most common dictionary definition is presumed to be correct:

"City" shall mean the City of West Hollywood, State of California, referred to in the West Hollywood Municipal Code as the "city."

"City Council" shall mean the West Hollywood City Council, referred to in the West Hollywood Municipal Code as the "Council."

"Conveyance" means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter.

"Director" shall mean the Director of Community Safety, or other designee as designated by the City Manager.

"Enforcement Officer" or an "enforcement officer" shall mean a Los Angeles County Sheriff's Department Deputy, a City Code Enforcement Officer, or other designee as designated by the City Manager.

"Hardscape" shall mean the man-made features used in landscape architecture, e.g. paths or walls, as contrasted with vegetation. This term includes, but is not limited to, paved areas, driveways, retaining walls, sleeper walls, stairs, walkways, and any other landscaping made up of hard-wearing materials such as wood, stone, and concrete.

"Improvement" shall mean any real property on which a structure is located.

"Inoperable vehicle" means any motor vehicle that is mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000 (unregistered vehicles), 5202 (failure to display license plate), 24002 (unsafe conditions, improper equipment, load) and 40001 (all violations apply to driving or operating on highways).

"Landscape" shall mean an area set aside from structures and parking/driveway uses, which

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.60.020

§ 9.60.040

is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, and other plants. Porous materials, such as rock, mulch, decomposed granite, and synthetic turf, can be used in conjunction with living plant materials; however, landscaped areas must be predominantly of living materials and in compliance with Title 19.

"Materials of construction" shall mean any man-made or natural material which is used is the construction of and contributes to the structural integrity of any structure.

"Municipal Code" shall mean the City of West Hollywood Municipal Code, as it may be amended from time to time by the Council.

"Operator system" shall mean any device which assists the opening, closing, or locking or unlocking of a door, garage door, or gate. This includes, but is not limited to, call boxes, door phones, intercom systems, and remote entry systems for multi-family properties.

"Parkway" shall mean the portion of the public right-of-way located between the street curb and the sidewalk.

"Person," "responsible person" or "responsible party" shall mean any individual or entity who an enforcement officer determines is responsible for causing or maintaining a violation of this code, or applicable state codes or causing or maintaining a public nuisance. The terms "person," "responsible person" or "responsible party" include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business.

"Property" shall mean any land, and anything growing on, affixed to, or built upon the land.

"Structure" shall mean anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this chapter, the term "structure" includes "buildings." (Ord. 19-1090 § 6, 2019; Ord. 24-08, 4/1/2024)

Anything that is detrimental or injurious to health; is indecent; offensive to the senses; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a public nuisance. (Ord. 19-1090 § 6, 2019)

It is unlawful and it is declared to be a public nuisance for any person owning, renting, leasing, occupying, or having charge or possession of any property within the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following:

• a. Nuisances Possibly Dangerous to Children. The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property or the parkway for any length of time.

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City of West Hollywood, CA § 9.60.040

WEST HOLLYWOOD CODE

§ 9.60.040

1. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director.

2. Appliances left unsecured outside for disposal shall have all doors removed.

• b. Deteriorating and Defective Structures. Any and all improvements located on private property shall be presumed to be in violation of this section if any of the following conditions exist:

  1. Peeling paint in excess of a total of four-square feet of the entire façade (e.g., any exterior side) of a structure;

  2. Excessive cracked or broken stucco or other exterior or interior covering as determined by the Director;

  3. Structure exteriors or interiors that are improperly maintained, neglected, or damaged, or in need of repairs (e.g., weatherproofing, insect extermination or water intrusion);

  4. Broken, cracked, or missing windows or doors;

  5. Damaged, poorly fitting, or missing window screens, or screens covering vent areas (under floors, in ceilings), or damaged, poorly fitting screens for entrance or balcony doors, or deteriorated metal security doors;

  6. Roofs missing shingles, tile, or other material used as roof composition or the material is loose or unstable;

  7. Roof and flashing that is not sound, tight and weatherproof. Roof drainage that fails to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts that are not maintained in good repair and free from obstructions. Roof water that is discharged in a manner that creates a public nuisance;

  8. Improperly maintained awnings;

  9. Fences, walls, posts, cross-members, slats, and gates that are not plumb and true, not in good repair, rotted, fire damaged, have peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are not constructed of materials treated in a uniform manner;

  10. Exterior gates, gate assemblies, operator systems if provided, hardware, and latches that are not maintained in good repair or proper operating condition;

  11. Unpainted structures experiencing dry rot, termite infestation, or warping;

12. Any decoration, design, device, graffiti, fence, structure, or clothesline which is unsightly by reason of its condition or its inappropriate location as determined by the Director or a designated City official;

13. Faulty materials of construction in any improvements including those materials which are not allowed or approved by the Building Code as adopted by the city and as reported to the Director by the Building Official, or which have not been maintained in a good and safe condition; and

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.60.040

§ 9.60.040

14. A conveyance in a multi-unit residential building that the State of California Division of Occupational Safety and Health, Elevator Ride and Tramway Unit, or other agency designated by the Director, has found to be inoperable, or not maintained in a proper, safe and good working condition.

• c. Rodent, Insect, Pest Infestation. Harborage and infestation of rodents, insects, and pests. When found, these conditions shall be exterminated by a licensed professional in a manner that is not injurious to human health. After extermination, documentation of treatment by a licensed professional shall be provided to the Director, and proper precautions and measures shall be taken to prevent future harborage and infestation.

• d.

Fire Hazard.

1. All violations of applicable conditions of the Fire Code as adopted by the city in Municipal Code Section 14.04.010, and as reported to the Director by the Los Angeles County Fire Department.

2. All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing or found upon public or private property, which by reason of their size, condition, manner of growth, or location constitute a fire hazard to any structure, improvements, crops, or other property, or when dry will, in reasonable probability, constitute a fire hazard.

• e.

  • Hazardous and Unsanitary Conditions.
  1. Accumulating, discharging, or releasing any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property.

• f. All violations of applicable conditions of the Health Code as adopted by the city in Municipal Code Section 7.04.010, and as reported to the Director by the Los Angeles County Department of Public Health, or any similar agency providing services to the city under the Health Code. Improper Parking or Storage of Goods, Equipment, and Vehicles.

  1. Any violation of Section 19.28.030(C) (Location of Parking), Section 19.20.150(D)(4) (Storage), or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property.

  2. Using or allowing use of any hardscape area for parking which prevents or hinders access to elevators, entrances, exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel.

3. The keeping or storing, or allowing the keeping or storage, of boats, camper shells, inoperable vehicles, trailers, cargo containers, and other equipment for more than seventy-two hours in the public right-of-way without a permit, in yard areas or driveways in which storage is not allowed, where the items are not screened from view of public streets or highways.

   4. Outdoor storage or display in violation of Section 19.36.230.

• g.

• Inadequate or Faulty Mechanical Equipment.

1. Lack of safe, adequate heating facilities in any dwelling unit or units, hotel, or motel.

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City of West Hollywood, CA § 9.60.040

WEST HOLLYWOOD CODE

§ 9.60.040

  - A. The use of space heaters as the primary source of heat shall not be permitted without prior written consent from the Building Official. 

2. All violations of applicable conditions of the Mechanical Code as adopted by the city in Municipal Code Section 13.16.010, and as reported to the Director or designated city official by the Building Official.

3. Mechanical equipment and required screening, including vents, that does not conform with all applicable laws in effect at the time of installation, or which has not been maintained in good and safe condition.

• h.

  • Inadequate or Faulty Plumbing.

  1. Lack of plumbing fixtures required by the Building Code as adopted by the city, as reported to the Director by the Building Official.

  2. All violations of applicable conditions of the Plumbing Code as adopted by the city in Municipal Code Section 13.12.010, and as reported to the Director by the Building Official.

  3. Plumbing which does not conform with applicable laws in effect at the time of installation or which has not been maintained in good condition and free of cross connections.

  4. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

  5. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the Director upon request.

• i. Inadequate or Hazardous Electrical Supply, Lighting, and Wiring.

  1. Lack of required or improperly maintained electrical lighting or convenience outlets in existing residential or commercial occupancies as reported to the Director by the Building Official.

  2. Lack of maintenance and repair of lighting fixtures inside dwelling units and in common areas of residential and commercial structures, including courtyards, garages, hallways, lobbies, parking areas and lots, public toilets, and walkways.

3. Broken, malfunctioning, or improperly installed or maintained building entry and intercom systems.

   4. All violations of applicable conditions of the Electrical Code as adopted by the city in Municipal Code Section 13.08.010, and as reported to the Director by the Building Official.

   5. Wiring that does not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner.

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.60.040

§ 9.60.040

• j. Inadequate Sanitation and Ventilation.

  1. Lack of hot or cold running water to plumbing fixtures as reported to the Director by the Building Official.

  2. Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the city, in Municipal Code Section 13.04.010.

  3. Room and space dimensions less than required by the Building Code as adopted by the city.

  4. Dampness in habitable rooms.

• k. Non-Maintenance of Landscape and Hardscape.

  1. A violation of Municipal Code Sections 11.16.060 (Obligation to Maintain), 11.16.070 (Cleaning of Sidewalks), 19.36.280(B)(5) (Front Yard Paving), 19.36.320(C) (Front Yard Paving), Chapter 19.26 (Landscaping Standards), and Chapter 19.28 (Off-Street Parking and Loading Standards), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways.

  2. Maintaining or allowing the maintenance of private property or parkway with a lack of adequate landscaping or ground cover sufficient to prevent blowing dust or erosion, or allowing the landscaping on private property or in a parkway to cause a hazard or inconvenience to pedestrians using the public sidewalk.

  3. Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials.

• l. Overgrown, Dying or Dead Vegetation. Overgrown, dying or dead vegetation on private property or within parkway areas. The following additional requirement shall apply to all vegetation on private property and within parkway areas:

  1. Groundcover, weeds, and similar vegetation shall not be permitted to grow taller than six inches.

  2. Dead or fallen branches, palm fronds, or similar vegetation shall be promptly removed from the ground or plant.

     • A. Fallen leaves or other yard waste shall not be permitted to accumulate on any paved surface. Use of leaves as mulch in dirt areas is exempt from this requirement.

  3. Vegetation shall be continuously trimmed back to ensure that it does not grow within three feet of overhead power or utility lines.

  4. Vegetation, excluding street trees, shall not be permitted to encroach on or obstruct any portion of the street, alley, or sidewalk.

  5. Vegetation shall not be permitted to grow in a manner that:

• A. Blocks, obstructs, or interferes with public improvements, streetlights, or

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City of West Hollywood, CA § 9.60.040

WEST HOLLYWOOD CODE

§ 9.60.040

signage to any degree as determined by the Director;

• B. Obstructs a person's view, to any degree, of approaching or nearby pedestrians or vehicles on public property;

• C. Obstructs any person's view, to any degree, of signs or traffic lights on public property; or

• D. Obstructs access to, or use of, a sidewalk, street or highway, or a public easement or dedication to any degree.

A determination that vegetation on private property or on an adjoining parkway is dead or dying may include, without limitation, consideration of the following factors: any physical characteristic of appearance evidencing a lack of proper watering or feeding; the creation or promotion of a fire hazard by reason therefor; the existence of an infestation of any kind that is injurious to such vegetation; or when diseased or dying vegetation does not substantially respond to remedial care. The city shall require replacement of dead or dying vegetation and the abatement of such a condition. In this event, a responsible person shall first obtain applicable permits and comply with all applicable landscape regulations and requirements in the Municipal Code.

• m. Polluted Water. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water. Such structures shall be covered or filled with soil to prevent the accumulation of water. Standing water shall be immediately drained or removed.

• n. Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. This includes maintaining or allowing to be maintained refuse and waste materials on private or public property. Compost piles are not considered refuse and waste.

• o. Structural Hazards.

  1. Deteriorated, damaged, or inadequate foundations.

  2. Defective, deteriorated, or inadequate size flooring or floor supports.

  3. Defective, deteriorated, or inadequate size members of partitions, walls, or other vertical supports.

  4. Defective, deteriorated, damaged, or inadequate size ceiling, roof, or other horizontal supports.

  5. Defective, damaged, or inadequately constructed fireplace or chimney.

• p. Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist:

  1. Lack of safe, potable water for more than seventy-two consecutive hours;

  2. Lack of hot water for seventy-two hours;

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

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§ 9.60.060

3. Lack of a fixed, permanent heat source for more than thirty days;

4. Lack of electricity for seventy-two hours;

5. Lack of gas service for seventy-two hours;

   6. Any substandard building condition listed in the California Health and Safety Code Section 17920.3 where the condition is severe enough to be unsafe for human habitation as determined by the Director or Building Official.

• q. Vacant or Abandoned Properties. Vacant properties shall be maintained in compliance with all requirements found in this chapter and in Chapter 9.64 of the Municipal Code.

• r. Other Provisions of the Municipal Code. A violation of any other provision of the Municipal Code or the Building Code as adopted by the city that pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare.

• s. Impact on Viability of Surrounding Area. To maintain or fail to maintain property, or any structure on it, in a way that its condition contributes to the establishment of a prevalence of depreciated values, impaired investments, and social and economic maladjustments to the extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

• t. Substandard Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3.

• (Ord. 19-1090 § 6, 2019)

• a. Violation Notice. Upon inspection of a property where a violation is identified, the Director may fill out a notice of violation, indicating the sections that are violated and stating the specific violation, the corrections required, as well as the required compliance date in the appropriate spaces.

• b. Delivery of Notice. The Director shall give a copy of the notice of violation to any person owning, renting, leasing, occupying, or having charge or possession of the property who is present at the time of inspection. If a person is not present, the Director may send it by first-class or certified mail to the appropriate persons at the last known address recorded through the Los Angeles County Assessor's office or post a copy of the notice of violation on any real property within the city in which the city has knowledge that the responsible party has a legal interest. The service shall be deemed complete at the time of deposit in the mail or when the notice was posted. Failure of any person notified by mail or posting to receive the notice of violation shall not affect the validity of any proceedings conducted in compliance with this chapter.

• (Ord. 19-1090 § 6, 2019)

The correction of any conditions described in this chapter shall be performed in a way that conforms to the maintenance practices and aesthetic standards of the surrounding neighborhood, maintains the value and enjoyment of surrounding properties, and promotes the public health,

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City of West Hollywood, CA § 9.60.060

WEST HOLLYWOOD CODE

§ 9.60.070

safety, and general welfare of the city.

• a. Code and Ordinance Compliance. Corrections of violations and repairs shall comply with all applicable Building, Electrical, Mechanical, and Plumbing Codes as adopted by the city, and city Zoning Ordinance requirements, including all required permits and inspections.

• b. Manner of Repair. Corrections and repairs of violations shall be performed in a sightly manner in recognition of manufacturer's standards and, where applicable, in compliance with the standards of workmanship of acknowledged trades and as deemed acceptable by the Director.

• c. Conformity with Existing Materials. Exterior repairs and corrections of violations shall conform with the materials and colors of the complete structures being brought into compliance, unless otherwise approved by the Director.

• d. Content. Colors, forms, materials, and shapes used as design elements for any exterior repairs or corrections of violations shall be uniform in content.

• e. Drought-Resistant Plantings. Landscaping that is installed or replaced shall use in whole or in part, drought-resistant plantings and, where applicable, shall comply with the design standards and guidelines in Chapter 19.26 (Landscaping Standards) and Chapter G-26 (Landscape Design Guidelines).

• (Ord. 19-1090 § 6, 2019)

Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this chapter or who does not correct violations in compliance with the requirements of this chapter, is subject to the administrative penalty provisions of Municipal Code Section 1.08.030. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.

The city's authority to prosecute violations of this chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 1.32 (Abatement of Nuisances). (Ord. 19-1090 § 6, 2019)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.64.010

§ 9.64.010