It is unlawful and a public nuisance for any property owner or any person leasing, occupying or having possession or control or dominion of any premises in this city to maintain such premises or to permit, suffer or allow such premises to be maintained in such a manner that any one or more of the conditions or activities described in the following divisions are found to exist, with such list not intended to be exclusive:
(A) Property inadequately maintained.
(1) (a) The keeping, storage, depositing or accumulation on the premises of any personal property, including, but not limited to, abandoned, wrecked, dismantled, discarded or inoperable equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, solid waste, rubbish, trash and debris, dirt, sand, gravel, concrete or similar materials that is visible from the public right-of-way and:
1. Poses a risk of harm to the public; or
2. Constitutes visual blight or reduces the aesthetic appearance of the neighborhood; or
3. Is offensive to the senses; or
4. Is detrimental to the use and enjoyment of nearby properties; or
5. Reduces nearby property values due to the visibility from the public right-of-way.
(b) However, wood and building materials being used or to be used for a project of repair or renovation for which a valid and current building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project not to exceed one year;
(2) Premises on which overgrown, dead or decayed trees, weeds or other vegetation pose a risk of harm to the public, or constitute visual blight or reduce the aesthetic appearance of the neighborhood, or are offensive to the senses, or are detrimental to the use and enjoyment of nearby properties, or reduce nearby property values due to its visibility from the public right-of-way;
(3) Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered or otherwise not maintained, resulting in the water becoming polluted by excess bacterial growth or by the presence of garbage, refuse, debris, papers or any other foreign matter or material which creates an unhealthy or unsafe condition;
(4) Maintenance of premises in such a manner that matter, including, but not limited to, smoke, odors, dust, dirt, paint spray, or debris, is permitted to be transported by wind or water or otherwise upon any street, course, alley, sidewalk or other public property or onto neighboring or adjacent properties so as to pose a risk of harm to the public, or to create a condition which is offensive to the senses, or detrimental to the use and enjoyment of nearby properties, or reduces nearby property values;
(5) Failure to install or to maintain landscaping required by this Code or other requirements of the city or Antioch Development Agency. Required landscape maintenance under this section includes, but is not limited to, providing adequate watering to maintain and prevent dead and dying lawns or other landscaping plantings in all residential districts when any residential lawn or landscaping planting has been installed and is visible from the public right-of-way, except in the event that water rationing measures have been imposed;
(6) Storage of solid waste, green waste or recyclable containers, receptacles or bins in front or side yards that are visible from the public right-of-way in excess of 48 hours, unless the City Manager grants an exception because the layout or configuration of the premises would impose a substantial hardship upon the property owner seeking to comply with this section, with such determination not subject to an appeal;
(7) Premises on which any condition poses a potential fire hazard;
(8) The placement, use or maintenance of any clothesline in any front yard area of any premises visible from the public right-of-way;
(9) Any vacant or undeveloped lot on which there is an accumulation of trash, rubbish, garbage, or debris;
(a) Upon written notice to the owner of record, by mail to the last mailing address as listed in the county or city records, that the lot or parcel is the site of illegal dumping or contains trash, rubbish or garbage, the owner shall remove all such trash, rubbish, garbage or debris within the time stated in the notice.
(b) Upon two or more violations of this section within a 24-month period, the property owner shall, at the owner's expense, erect a six-foot cyclone fence with posts in the ground, unless some other type of fence is approved by the Community Development Director, around the vacant lot or parcel to prevent illegal dumping and/or the unlawful accumulation of trash, rubbish, garbage, or debris and/or unauthorized entry within 30 days of the second notice of violation. The second notice of violation shall include a notice that a fence is required under this section.
(c) If the property owner, after being given written notice that a fence is required, fails to erect such fence within 30 days of date of the written notice, the city may apply for an abatement warrant to erect such fence, and upon obtaining the warrant may erect the fence. All costs of obtaining the warrant (including attorneys' fees) and erecting the fence shall, at the city's sole election, be placed on the property as a special assessment lien or collected as a debt against the property owner.
(d) It is unlawful for any person or entity to remove, damage, breach or in any way interfere with a fence erected under this section. The property owner shall at all times properly maintain such fence, including repair or replacement, in the event of damage or deterioration.
(e) The property owner may apply in writing to the City Manager to remove a fence erected under this section in the event the lot is being developed and all necessary grading or building permits have been obtained. Such permission shall not be withheld if such permits have been issued or if the lot or parcel is no longer vacant.
(B) Buildings or structures in a state of disrepair.
(1) Any building or other structure, including, but not limited to, walls, fences, signs or retaining walls, which are broken, deteriorated, or substantially defaced (including defacement by markings commonly referred to as "graffiti") so that the disrepair poses a risk of harm to the public, or constitutes visual blight or reduces the aesthetic appearance of the neighborhood, or is offensive to the senses, or is detrimental to the use and enjoyment of nearby properties, or reduces nearby property values due to its visibility from the public right-of-way;
(2) Any building or structure having dry rot, warping or termite infestation or any building or structure on which the condition of the exterior finish has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation so that the disrepair poses a risk of harm to the public, or constitutes visual blight or reduces the aesthetic appearance of the neighborhood, or is offensive to the senses, or is detrimental to the use and enjoyment of nearby properties, or reduces nearby property values.
(C) Abandoned, unsecured or partially constructed buildings.
(1) Any vacant building, structure or other property that is unlocked or unsecured or has broken or missing doors or windows or other unsecured openings allowing unauthorized access by trespassers, or constituting a potential attraction to children or a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to resort to committing nuisance or other criminal activities:
(a) Except as provided below in division (b), no building or structure shall be left in a boarded up and/or vacant condition in excess of six months unless a valid building permit has been issued and work under that permit is taking place to facilitate reoccupation of the building or to demolish it. In any event, the vacant structure must be maintained in compliance with this Code to prevent a blighted appearance of the premises.
(b) The City Council hereby finds that economic conditions can reasonably cause commercial buildings to remain vacant in excess of six months. However, the vacant commercial structure shall be maintained in such a manner so as to not create a public nuisance. This shall include, but is not limited to, maintaining the exterior of the structure in good repair, maintaining the landscaping, keeping the property free of litter, trash and graffiti, and in securing the property in compliance with division (a) above. Due to the demand for housing, the Council finds that there generally is not a similar real estate justification for residential dwellings to remain vacant in excess of six months.
(2) Any building or structure permitted to remain in a state of partial construction, reconstruction or demolition, whether the partial demolition is due to manmade or natural causes such as fire or earthquake, so that it poses a risk of harm to the public, or constitutes visual blight or reduces the aesthetic appearance of the neighborhood, or is offensive to the senses, or is detrimental to the use and enjoyment of nearby properties, or reduces nearby property values;
(a) No partially constructed, reconstructed or demolished structure shall be considered in a state of partial construction if there exists a valid and current building or demolition permit and substantial work has been done pursuant to such permit within the immediately preceding 90 days.
(b) No building permit shall be extended or renewed beyond one year of the date of the issuance of the original permit, unless the Building Official has made a good cause determination that additional time is necessary due to the scope of the construction and the delay is due to circumstances beyond the control of the owner or contractor, not including financial considerations. In no event shall any structure be permitted to remain in a partial state of construction in excess of two years.
(D) Parking and storage of equipment. Parking or storage of construction equipment or machinery or other industrial or commercial equipment or machinery in any area zoned for residential uses so that it is within the view from the public right-of-way except while excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the property.
(E) Hazardous and attractive nuisances.
(1) Any building, object or condition, whether natural or man-made, which due to its accessibility to the public or potential attraction to children poses a hazard, including, but not limited to, abandoned, unsecured, unused or neglected motor vehicles, machinery, appliances or equipment, abandoned or unprotected wells, shafts, foundations, or basements, hazardous or unprotected pools, ponds, construction sites, or excavations, and stored chemicals, gas, oil, or toxic or flammable substances;
(2) Erosion, subsidence, or surface water drainage problems which are hazardous or injurious to the public or to adjacent properties whether caused by grading operations, excavations or fill or as a result of the topography, geology or configuration of the land in its natural state;
(3) Any unlawful storage or release of hazardous materials or wastes.
(F) Control of vectors including insects and rodents.
(1) Any artificial alteration of premises, excluding water, from its natural condition, resulting in it supporting the development, attraction, or harborage of vectors, with the presence of vectors in their developmental stages on premises being prima facie evidence that the premises is a public nuisance;
(2) Any water that is a breeding place for vectors, with the presence of vectors in their developmental stages in the water being prima facie evidence that the water is a public nuisance;
(3) Any activity or condition that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors.
(G) Paint, paintings or signs. Any condition or maintenance of property in a manner that is unreasonably offensive to the senses or that substantially detracts from the aesthetic or economic values of neighboring properties, including but not limited to painting in a garish manner or obscene paintings or signs.
(Ord. 2010-C-S, passed 2-26-08; Am. Ord. 2022-C-S, passed 2-10-09) Penalty, see §§ 1-2.01 et seq.