Yuba County Municipal Code Art. 3 Public Nuisance

(a) Public nuisance. Except as exempted in Sections 7.36.310(b) and 7.36.320(3) and (4), a public nuisance shall be deemed to exist when any of the following conditions or circumstances are present:

(1) Anything which is injurious to health, poses a significant potential to cause economic and/or physical injury or damage to persons or property, or constitutes a significant detriment to the prevention or suppression of fire, or significantly interferes with the provision of emergency services to the public.

(2) The erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion, demolition, use, occupancy or maintenance of any building or structure in violation of the provisions of any and all of the Uniform Codes and any and all of the codes that the State Building Standards Commission requires which includes but is not limited to the International Building Code that has been or is hereafter adopted into the Yuba County Ordinance Code to apply to structures or property within Yuba County.

(3) Any condition in violation of the weed and rubbish abatement laws defined in Government Code Title 4, Div. 3, Pt. 2, Ch. 13. Art. 1 (Government Code § 39500 et seq.) and Government Code Title 4, Div. 3, Pt. 2, Ch. 13, Art. 2 (Government Code § 39560 et seq.).

(4) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a dangerous condition or is otherwise detrimental to the health, safety and welfare of the public. For purposes of this Chapter, a building or structure is not reasonably secured when it is unlocked or the public can gain entry without the consent of the owner.

(5) The maintenance or use of any real property in violation of any provision of the Yuba County Ordinance Code, State law, or Federal law.

(6) Except as exempted in Section 7.36.320(4), property that is not kept free from accumulations of offensive matter including, but not limited to, dead animals, animal parts, and animal feces and urine.

(7) Except as exempted in Section 7.36.320(4), property which is likely to or does harbor rats or other vectors, feral cats, and other non-domesticated animal nuisances.

(8) Failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivision and site plans.

(9) Any violation of Chapter 7.05 of the Yuba County Ordinance Code relating to solid waste disposal.

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

(11) Any condition that constitutes a visual blight. For purposes of this Code, visual blight is any unreasonable or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance, as viewed at ground level from a public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Regardless of the number of persons directly impacted by visual blight, visual blight in and of itself affects the entire community any time it occurs because it detrimentally impacts property values and limits economic growth. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

a. Junk, trash, debris, scrap metal, refuse, paper, demolition and construction wastes, rubbish, packing materials; and/or

b. Objects of equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers that have been abandoned, discarded, or are no longer useful for their original intended purpose.

c. Parking or storage of vehicles including recreational vehicles on the front lawn area of any real property is prohibited.

(12) Property in non-agricultural residential zones that is used for the keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials, for 30 days or more, which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation for which an unexpired building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project.

(13) Yard, garage or estate sales by persons who have not obtained a license pursuant to Chapter 6.35 or Chapter 6.38 of this Code or by persons who do not have an ownership or possessory interest in the real property upon which the sale is conducted or written permission to conduct such a sale from a person with an ownership or possessory interest in the real property upon which the sale is conducted, as well as continuous yard, garage or estate sales by persons who have not obtained a license pursuant to Chapter 6.35 or Chapter 6.38 of this Code. A sale is deemed to be "continuous" if it is conducted for more than one seventy-two hour period within any 30-day period.

(14) Any building or structure, wall, fence, pavement or walkway upon which any graffiti, as viewed at ground level from a public right-of-way or from neighboring premises, is allowed to remain for more than ten days after the Enforcement Official has delivered a notice to remove the graffiti.

(b) Exclusion of legitimate agricultural operations.

(1) Pursuant to Civil Code § 3482.5, no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has lawfully been in continuous operation for more than three years if it was not a nuisance at the time it began.

(2) Subsection (b)(1), above, shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

(3) This Subsection shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Water Code Div. 7 (Water Code § 13000 et seq.), if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a public nuisance, public or private, as specifically defined or described in any such provision.

(4) For purposes of this exclusion, the term "agricultural activity, operation, facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(Prior Code, § 7.36.310; Ord. No. 1303; Ord. No. 1458)

(a) It is hereby declared a public nuisance for any person owning, leasing, or having charge of any premises in the County of Yuba to maintain that property in such a manner that the maintenance of the landscaping, the exterior of any vacant or unoccupied building or the interior of any such building which is readily visible from any public street or adjacent parcel of property is in a state of unsightliness so as to constitute a condition that is detrimental to the quality of life and community values in the neighborhood or otherwise detrimental to the public welfare.

(b) The existence of any one or more of the following exterior property conditions constitutes a violation of this Subsection:

(1) The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that:

a. Constitutes a fire hazard or other condition that is dangerous to the public health, safety and/or welfare; or

b. Creates the potential for the harboring of rats, vermin, vector or other similar nuisances; or

c. Substantially detracts from the aesthetic by reducing or harming the quality of life or values in the neighborhood and/or community; or

d. Is overgrown at least twelve inches onto a public right-of-way or easement.

(2) The property fails to comply with applicable development permit requirements with respect to any landscaping requirements.

(c) For purposes of this Subsection, a building shall be deemed vacant and unoccupied if it has stood vacant for more than 30 days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the department head or his/her designees that one of the following applies:

(1) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

(2) The building does not contribute to, and is not likely to contribute to, blight because the owner is actively maintaining and monitoring the building. Calls for service to local law enforcement are a factor that will be considered in determining whether the building contributes to blight. Active maintenance and monitoring shall include all of the following:

a. Maintenance of landscaping and plant material in good condition; and

b. Maintenance of the exterior of the building including, but not limited to, paint and finishes, in good condition; and

c. Prompt and regular removal of all exterior trash, debris, and graffiti; and

d. Maintenance of the building in continuing compliance with all applicable codes and regulations; and

e. Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, graffiti, prostitution, criminal street gang activity, loitering or trespassing.

(3) The building is vacant due to fire, flood, earthquake or other form of natural disaster and the owner is actively pursuing assistance for demolition, rehabilitation or restoration of the building and/or premises from local, State, or Federal assistance programs or from insurance agencies.

(Prior Code, § 7.36.311; Ord. No. 1459)

Where a condition or circumstance exists that is deemed to be a public nuisance, the burden of proof shall rest with the official or agency making the allegation or determination; and in all civil and administrative actions, shall be based on a preponderance of the evidence as follows:

(1) Evidence supporting an allegation of the existence of a public nuisance as defined in Section 7.36.310(a)(1) through (a)(9), as related to health and safety issues, shall demonstrate that the condition or circumstance poses a threat or detriment to surrounding property, or that reasonable measures have not been instituted to prevent injury to persons through the physical containment or restriction of access to the condition or circumstance, or that it could significantly contribute to the breeding of vectors or the spread of disease, or that it poses a significant fire hazard, or that access to residences, businesses, public buildings or any other place where emergency services may be required has been impaired.

(2) Evidence supporting an allegation of the existence of a public nuisance, as defined in Section 7.36.310(a)(10) through (a)(14), shall demonstrate that a reasonable person would consider the condition or circumstance to be indecent or offensive to the senses or otherwise detrimental and that the alleged nuisance is, in fact, public in nature as related to the community, neighborhood or location where the condition or circumstance exists.

(3) The existence of a condition or circumstance that is not a health or safety hazard as defined in Section 7.36.310(a)(1) through (a)(9), and that is otherwise not visible from a public right-of-way and is either not visible from neighboring property or is not considered to be a nuisance by all persons having ownership or possessory interest in any neighboring property, and does not emit offensive odors or sound beyond the property boundaries, except as would reasonably occur from agricultural operations excluded in Section 7.36.310(b), above or from activity occurring upon any property in the County zoned "S/E", where all County, State and Federal laws have been complied with, so that such activity occurring on property zoned "S/E" has been conducted in a lawful manner, shall not be considered a public nuisance.

(4) Existence of circumstances or conditions defined in Section 7.36.310(a)(6) and (7) on undeveloped or otherwise unimproved areas of properties where zoning permits timber production or other agricultural activity that naturally support these conditions shall not be deemed a public nuisance. Specifically:

a. Wood stored for domestic heating purposes that otherwise conforms to the requirements of Section 7.36.320(3), above, shall not be deemed a public nuisance based on being "likely to harbor" any nuisance cited in Section 7.36.310(a)(7). Wood stored for domestic heating purposes shall not include construction debris, plywood, wood shingles, and/or other treated or processed woods.

b. Brush and logging slash piled for burning shall not constitute a public nuisance during periods when it is unsafe or illegal to burn and when it is otherwise unsafe or illegal to dispose of in some other manner, or when it otherwise conforms to Section 7.36.320(3), above.

c. Agricultural activity conducted in a manner consistent with accepted customs and established standards shall not be deemed a public nuisance provided there is no actual threat to public health or safety. Examples include, but are not limited to, the raising of livestock, vegetable gardens, family orchards and 4-H projects.

(Prior Code, § 7.36.320; Ord. No. 1303)