Each and every one of the following conditions or acts is declared to be a public nuisance:
A. Trash and Debris. Accumulated trash and debris shall be declared a public nuisance and shall not be kept, stored, or maintained by any person owning, leasing, occupying, or having charge or possession of any real property. It shall also be considered a public nuisance for any person to dump, drop, bury, or otherwise dispose of trash and/or debris on public or private property not under ownership of said person. Trash and debris shall include, but not be limited to, boxes, containers, broken or discarded furniture, household goods, appliances, inoperable equipment and/or machine parts, clothing, cans, bottles, lumber, wood, metals, garbage, rags, discarded bedding, plastics, tires, refuse, animal wastes not picked up on a weekly basis, excessive amounts of yard and tree trimmings, and any other material which interferes with the neighbors’ reasonable enjoyment of their property.
1. Exceptions.
a. Materials safely stored within a legally permitted structure not violating any other provisions of this Code;
b. Firewood (five [5] cords or less) stored on site for use entirely by the building occupants on site;
c. Material storage permitted by other provisions of this Code;
d. Materials which are bundled, boxed, or stored and waiting for the next available removal by the franchised waste hauler;
e. Refuse or containers or receptacles for refuse placed in the public street or right-of-way in accordance with Section 8.01.300.C.
B. Inoperative Vehicles. Inoperative vehicles as described in Section 8.15.020 are declared a public nuisance and shall not be kept, stored or maintained by any person owning, leasing, occupying or having charge or possession of any real property. Inoperative vehicles shall include the presence of any abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on public or private property, not including highways. This Section shall not preclude any other legal method enacted by the City or State to remove abandoned vehicles.
1. Exceptions.
a. Vehicles or parts completely enclosed within buildings permitted for such use and not visible from the public right-of-way or public or private property;
b. Vehicles or parts thereof, legally stored or parked on private property in connection with a licensed vehicle dealer, licensed dismantler, licensed junk dealer, or when such storage or parking is necessary to the operations of a lawfully established business;
c. Not more than two (2) vehicles may be stored in a rear yard area at least fifteen (15) feet from any residence, if not encroaching within the building setback areas.
C. Health and Safety. The following health and safety concerns are declared a public nuisance and shall not be kept, stored, maintained or allowed by any person owning, leasing, occupying or having charge or possession of any real property. Health and safety nuisances shall include, but not be limited to, the following:
1. Open, unused, or abandoned wells, pools, ponds, pits, shafts, and other unsafe and/or unsecured situations;
2. Manure or rubbish accumulations not disposed of on a weekly basis;
3. Animal carcasses for animals not weighing more than one hundred (100) pounds not buried or destroyed within twenty-four (24) hours of the animal’s death. Animal carcasses for animals greater than one hundred (100) pounds must be removed by or delivered to a licensed disposal service within twenty-four (24) hours of the animal’s death;
4. Any hazardous or infectious material including, but not limited to, explosives, dangerous substances, toxic substances, sewage, human waste, gray water and infectious wastes, not kept with appropriate permits. Gray water shall be used in compliance with State law;
5. Outdoor water usage causing water to run onto the public right-of-way;
6. Breeding or harborage places for animals known to carry or transmit disease to humans (e.g., mosquito breeding in stored tires where rainwater can be trapped);
7. 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;
8. 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;
9. Any use of property abutting upon a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets and sidewalks;
10. Other conditions or things which are likely to cause injuury to the person or property of anyone, or which may be detrimental to public health and safety as defined in the California Health and Safety Code;
11. Outside storage of operable or inoperable refrigerators, freezers, washing machines, dishwashers, televisions, clothes dryers or other appliances;
12. Any pool, pond or body of water which contains excessive or unhealthy levels of bacterial or algal growth, remains of animals or insects, refuse, debris, or any other foreign matter which may cause an unhealthy or unsafe condition.
D. Property Maintenance. Any property upon which any of the following unpermitted conditions exists shall be deemed to be a public nuisance:
1. Any grading or construction, including but not limited to walls and fences, which increases, concentrates, or redirects storm flows which can or may cause damage to adjacent or nearby public property;
2. Any hole, trench, ditch, or excavation greater than two (2) feet in depth with sides steeper than two (2) horizontal to one (1) vertical (2:1);
3. Any attractive nuisance, where minors may obtain access and be injured;
4. Improper maintenance of landscaping or irrigation systems, including, but not limited to, any landscaping required as part of a City land use approval (e.g., grass, rock, xeriscape);
5. Encroachment by any structure within required building setbacks;
6. Overgrown or unmaintained vegetation that may cause detriment to neighboring properties or may cause a hazardous condition for motorists or pedestrians;
7. Dead or dying plants or trees which may be dangerous to the public;
8. Any vehicle or trailer parked on or near the public right-of-way for the primary purpose of advertising or directing attention to a place of business. This shall not apply to the business owner’s vehicle when located at his/her place of business;
9. A clothesline, or clothes, hanging in the front yard or on fences in other yards;
10. Buildings, structures, walls or fences constructed of materials not approved for exterior use or improperly maintained. Improperly maintained may include but not be limited to listing from the vertical axis, moveable with a lateral force of ten (10) pounds or less, dilapidation or similar structural deficiency.
E. Dangerous Building; Substandard Housing. Any building or structure which has any of the conditions described hereinafter shall be deemed to be a dangerous building and a public nuisance:
1. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of the City, as specified in the Building Code or Section 8.25.060 or of any law or ordinance of this State or jurisdiction relating to the condition, location or structure of buildings.
2. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
3. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.
4. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
5. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to continue such building or portion thereof an attractive nuisance or hazard to the public.
6. Any building or structure used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance as specified in California Health and Safety Code Section 11570.
7. Any building or structure wherein any activity declared illegal or unlawful by any other applicable federal, State, County or local law or ordinance is conducted, including but not limited to, gang activity in California Penal Code Section 186.22(a).
F. Other Conditions Declared a Public Nuisance. The following conditions shall be deemed to be and constitute a public nuisance:
1. Limbs of trees which are less than eight (8) feet above the surface of any public street or sidewalk.
2. Loud noises and annoying vibrations.
3. Dangerous unguarded machinery in any public place or so situated or operated on private property as to attract the public.
4. Use of stationary loudspeakers in any part of the City in such a manner as to annoy City residents of businesses.
5. The giving of a report of the existence of any emergency to any police officer, any City employee or to any other person, with the intent or request that the same be transmitted to a City employee, knowing such report to be false.
G. Any violation of this Code or any other unlawful condition is hereby declared to be a public nuisance as set forth in Chapter 1.20 of this Code.
[Ord. No. 568, Section 10, 5/10/17.]