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The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it is a public nuisance and unlawful for any person owning, leasing, occupying, or having charge of any property or premises in the city to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following conditions on such property or premises:
(A) Any real property or premises in the city with one or more of the following conditions:
(1) Unsafe, substandard or dangerous structure, building or property.
(a) Any dangerous building, unsafe building, unsafe structure, substandard building, or substandard property as defined by the Uniform Housing Code, Los Angeles County Building Code, or Los Angeles County Residential Code, as adopted and amended by the Alhambra Municipal Code.
(b) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in California Health and Safety Code Section 17920.3, and any future amendments thereto.
(2) Maintenance of buildings, structures or property.
(a) Openings into vacant buildings or structures, such as doors, vents, windows, and other openings which are unreasonably secured against entry by trespassers.
(b) Broken windows, doors, vents or other openings constituting hazardous, unsightly conditions and/or inviting trespassers and malicious mischief.
(c) Failure to provide and maintain adequate weather protection to buildings or structures (including but not limited to, fences, walls, and retaining walls) in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, deteriorated, or severely damaged paint, stucco or other exterior covering or that otherwise results in or tends to result in the decay, deterioration, or dilapidation of the building or structure.
(d) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures) and/or any detached or freestanding structure (including, but not limited to, fences and walls) and/or interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls floors, basements, mezzanines, and common areas) that have become defective, cracked, broken, unsightly, or no longer viable; or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition creates a hazard to persons using said building, structure, or way; or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties; or where such condition otherwise violates, or is contrary to, the Alhambra Municipal Code, or other applicable law.
(e) Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
(f) Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. One or more of the following factors may be used by the city to establish whether buildings or other structures, or portions thereof, have been partially constructed or destroyed for an unreasonable period of time:
1. The degree of partial construction or destruction and the cause therefor.
2. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a hazard to the health, safety, or welfare of the occupants or the general public.
3. The degree of visibility, if any, of this condition from public or adjoining private real property.
4. The scope and type of work that is needed to abate this nuisance.
5. The existence of any current and valid approvals, permits, or other entitlements for the partially constructed or destroyed building or structure.
6. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the necessary construction or demolition.
7. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while performing the necessary construction or demolition.
8. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.
9. Whether or not a responsible person has made substantial progress, as determined by the city, in performing the necessary construction or demolition under a technical code permit that has expired, or is about to expire.
10. Whether delays in completing the necessary construction or demolition under a technical code permit have occurred, and the reasons for such delays.
(g) Any building, structure, or property that is damaged, hazardous, unsanitary, broken, warped, dry rotted, blighted, infested, unsightly, unmaintained, decayed, defective, deteriorated, unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease or likely to cause injury to the health, safety or general welfare of occupants or the general public.
(h) Any building, structure, or use of real property that violates or fails to comply with:
1. Any applicable approval, permit, license, or entitlement or condition relating to the building, structure, or use of real property;
2. Any ordinance of the city, including, but not limited to, any provision of this code; or
3. Any applicable county, state, or federal law or regulation.
(i) Closed, vacant, abandoned, or inoperable automobile service stations, which shall include, but not be limited to the following: buildings, pumps, pump islands, above-ground or underground storage tanks, storage vessels, mechanical equipment, wells, cesspools, septic tanks, foundations, paving, or any other materials originally placed on the property in connection with the automobile service station.
(j) An accumulation of dirt, litter, trash or debris in driveways, parking lots, vestibules, porches, patios, doorways or the adjoining sidewalks or walkway of a building.
(k) The presence of graffiti or other defacement of real or personal property on a building, structure or vehicle, or portion thereof, or the presence of graffiti on a building, structure, or vehicle that has been painted over with a color that does not match the exterior of the remaining portion of the building or structure, in such instances where the paint, graffiti, or defacement is visible from a public right-of-way or from private real property.
(l) Unsanitary, polluted or unhealthful pools, ponds, standing water, or excavations containing water that constitute an attractive nuisance or that are otherwise likely to attract or harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.
(m) Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.
(n) Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar non durable material) or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade, except as otherwise approved pursuant to a current and valid city approval or permit.
(o) Maintenance of signs, or sign structures, on real property more than 45 days after uses are no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Alhambra Municipal Code, including the Alhambra Zoning Code.
(p) The use, parking, or storing of any recreational vehicle as temporary or permanent living space, unless otherwise authorized in accordance with § 11.34.10 or other applicable provisions of this Code;
(q) Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed pursuant to § 11.28.132;
(r) Construction activity and/or the construction sites that are not conducted or maintained in accordance with accepted and approved best management practices, as determined by the Directors of Building and Safety, Engineering, and/or Public Works Divisions.
(3) Maintenance of landscaping.
(a) Overgrown vegetation, including, but not limited to, any one of the following:
1. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects; or
2. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:
a. Lawns with grass in excess of six inches in height; or
b. Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.
(b) Vegetation that creates, or tends to create, the existence of a fire hazard.
(c) Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.
(d) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:
1. An attractive nuisance;
2. A fire hazard;
3. The creation or promotion of dust or soil erosion;
4. A diminution in property values; or
5. A detriment to public health, safety or welfare.
(e) Lack of landscaping or other approved ground cover in any yard area as otherwise required by the Alhambra Zoning Code or other provisions of the City Municipal Code, as well as design guidelines or specific plans adopted by the City Council, or so as to otherwise cause or promote the existence of excessive dust or to allow the accumulation of debris. Visible front and side yards shall be mowed, landscaped and otherwise maintained to the satisfaction of the Community Development Director or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock, bark, and sod shall be approved by the Director. Weeds, dirt, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping or ground cover unless approved by the Director. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.
(4) Inoperative vehicles. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof in yard areas and/or driveways visible from the public right-of-way or any adjoining properties, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.
(5) Motor vehicle repair restrictions.
(a) Minor motor vehicle repair in any residential zone that meets any one of the following conditions:
1. Outside a fully enclosed structure, except that minor vehicle repair may be performed outside a fully enclosed structure where elapsed time between the beginning and the end of the repair do not exceed 24 hours; or
2. For any commercial and/or nonprofit purpose; or
3. On any vehicle which is not registered to the property and/or the owner of such vehicle is not the property owner, occupant, lessor or renter of the property.
(b) Major motor vehicle repair in any residential zone that meets any one of the following conditions:
1. Outside or inside a fully enclosed structure; or
2. For any commercial and/or nonprofit purpose; or
3. On any vehicle which is not registered to the property and/or the owner of such vehicle is not the property owner, occupant, lessor or renter of the property; or
4. Painting the body of any vehicle is not permitted in any residential zone.
(6) Refuse, waste and illegal storage.
(a) Items of junk, trash, debris, waste, or other personal property that are kept, placed, maintained, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Alhambra Municipal Code; or items of junk, trash, debris, waste, or other personal property that are visible from public or private property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Alhambra Zoning Code (including all approvals and permits required thereby), and all other applicable provisions of the Alhambra Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
(b) Maintaining, storing, or keeping storage bins, dumpsters or storage containers in public view or visible from adjoining properties except as permitted by the city.
(c) The hanging, drying, or airing of clothing or household fabrics on balconies, fences, trees, or shrubberies, or the existence of clotheslines that are visible to the public from right-of-ways or adjoining properties.
(d) Any device, decoration, design, fence, structure or vegetation which is unsightly by reason of its condition or its inappropriate location.
(e) Unmaintained, unsightly, deteriorated and/or dilapidated trash enclosures and loading areas.
(7) Improper maintenance of premises. Any condition, use, or activity that constitutes a public nuisance as defined by Civil Code §§ 3479 or 3480, and any future amendments thereto.
(8) Attractive nuisance. Any form of an attractive nuisance.
(9) Trash cans in public view. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that the containers are visible from public streets, except when located in places of collection at times permitted and in full compliance with this Code.
(10) Unsanitary condition of private property. Any chicken coop, yard, cow house, stable, cellar, drain, vault, pool, sewer or sink that is in a foul, offensive, noxious or filthy condition; or any animal carcass left upon any lot, premises or place owned, controlled or occupied by him or her, for a period of more than 24 hours.
(11) Unharmonious property. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.
(12) Maintenance of adverse topography. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation, or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.
(13) Hazardous substances. The storage, discharge, holding, handling, maintaining, or use of hazardous substances, as defined by applicable federal, state or local laws or regulations:
(a) In violation of federal, state, county or local laws or regulations;
(b) In such a manner to affect in any way air or water quality, and/or
(c) In such a manner as to create an identifiable risk of accidental release of the substances which release might adversely affect the health or safety of persons, damage property or adversely affect air or water quality.
(14) Flammable materials or liquids. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials or liquids including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, papers, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:
(a) Render premises unsanitary or substandard as defined by the Uniform Housing Code, the state housing law, the Alhambra Building Code, or other applicable local, state, or federal law, rule, or regulation;
(b) Violate the Alhambra Health Code, Los Angeles County Public Health Code, or other any other health code adopted by and/or applicable in the City of Alhambra;
(c) Cause, create, or tend to contribute to, a fire or safety hazard;
(d) Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;
(e) Cause, create, or tend to contribute to, an offensive odor; or
(f) Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Alhambra Zoning Code, and all other applicable provisions of the Alhambra Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
(B) Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, or the provisions of the Alhambra Municipal Code, including, but not limited to, the following acts and/or land uses:
(1) Unlawful possession, use, and/or sale of controlled substances; and/or
(2) Prostitution; or
(3) Unlawful gambling; and/or
(4) Solicitation for any unlawful conduct.
(C) Any real property, or any building or structure thereon, that is used by any person to cause, allow, contribute to, permit, or suffer any of the following acts including, but not limited to:
(1) Disturbances of the peace;
(2) Excessive and/or loud noise disturbances;
(3) Consumption of alcohol in public and/or public intoxication;
(4) Urination in public;
(5) Excessive littering;
(6) Lewd and/or lascivious conduct;
(7) Excessive responses by the police department or other law enforcement personnel; and/or
(8) Unpermitted or unlicensed massage therapist or massage establishment.
(Ord. 4667, passed 2-9-15; Am. Ord. 4735, passed 5-14-18)