It is declared a public nuisance for any person, owning, leasing, occupying, or having charge or possession of any real property in this city:
(A) To maintain any building or structure on the property which is structurally unsafe, or is not provided with adequate ingress and egress, or which constitutes a fire hazard, or is otherwise dangerous to human life.
(B) To maintain the property, the topography or configuration of which, whether in natural state or as a result of grading operations, causes or will cause erosion, subsidence, or surface water runoff problems which will, or may, be injurious to the public health, safety and welfare or to adjacent properties.
(C) To maintain upon such property clotheslines in any front yard area visible from a public place or in any backyard area which is not surrounded by a six-foot solid fence.
(D) To maintain upon such property trash, garbage or refuse cans, bins, boxes, or other such containers:
(1) In any front or side yard where such container is visible from any public place except as is otherwise permitted by a code or ordinance; or
(2) In any rear yard where such container is visible to adjacent properties, except as is otherwise permitted by a code or ordinance; or
(3) In any place in such condition so as to cause offensive odors on any other property.
(E) To maintain upon such property lumber, junk, trash, debris or salvage materials visible from a public place or from any adjoining property, except as is otherwise permitted by a code or ordinance.
(F) To maintain upon such property an attractive nuisance dangerous to children. For purposes of this division, an attractive nuisance includes, but is not limited to, abandoned, broken, or neglected equipment and machinery, refrigerators and freezers, and hazardous pools, ponds, or excavations.
(G) To maintain upon such property abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible from a public place or from any adjoining property, except as is otherwise permitted by a code or ordinance.
(H) To maintain upon such property any building or structure:
(1) Which does not have paint, sealant, or other protective coating appropriate to the material of the building or structure on all parts of the building or structure not surfaced with stone, brick or other material not requiring such coating; or
(2) Which has dry rot, warping or termite infestation; or
(3) Which has peeling, chipped, or cracked paint, sealant, or other coating material upon any portion of such building or structure which is visible from a public place or from any adjoining property.
(I) (1) To maintain upon such property:
(a) Overgrown vegetation; or
(b) Dead, decayed, diseased or hazardous trees; or
(c) Weeds and other vegetation likely to harbor rats, vermin or nuisances or which may be a fire hazard.
(2) This division shall not apply to trees in the parkways which the city maintains pursuant to §97.130.
(J) To maintain the property as a dumping ground or lot for illegal parking. Whenever it has been determined that any unimproved real property within the city has become a dumping ground for litter, garbage, junk, debris, discarded furniture, appliances, vehicles, vehicle parts or vehicle hulks, or has become a site for repeated illegal vehicle parking, the Director may order the property owner(s) to secure the property to prevent further dumping on the property by requiring the owner(s) to erect and maintain a minimum six-foot high fence of chain link or such other material as is determined by the Director to reduce or eliminate accessibility to the property.
(K) To maintain upon such property a building or structure which is not completed within a reasonable time or for which the permit for the construction has expired.
(L) To maintain upon such property fences or walls:
(1) Which violate the requirements of a code or ordinance regarding height, setbacks, or materials; or
(2) Which are in a hazardous condition; or
(3) Which are in disrepair; or
(4) Which hinder free access to public sidewalks.
(M) To maintain any building or structure which has been constructed or is maintained in violation of any requirement or prohibition applicable to the building or structure contained in any code or ordinance, or contained in any statute, law, regulation, or order of the state relating to the condition, location, or construction of buildings.
(N) To maintain any building or structure where by reason of obsolescence, dilapidated condition, deterioration, or damage, the building or structure is in such condition as to constitute a fire hazard or to provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
(O) To abandon or vacate any building or structure so that the same becomes available to unauthorized persons, including, but not limited to, juveniles.
(P) To maintain any building or structure in dangerous condition. For the purpose of this section, a building or structure shall be deemed to be in a dangerous condition under any of the following circumstances:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
(2) Whenever the load on any materials, member or portion thereof, due to all dead and live loads, exceeds the allowable load for new buildings of similar structure, purpose or location.
(3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe.
(4) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(5) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure.
(6) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(7) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay or inadequacy of its foundation; or any other cause.
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(9) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.
(10) Whenever the building or structure, exclusive of the foundation, shows 25% or more damage or deterioration of its supporting member or members, or 35% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(11) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance or to be capable of being occupied by an unauthorized person.
(12) Whenever any building or structure has been constructed, exists or is maintained in violation of any requirement or prohibition applicable to the building or structure contained in any code or ordinance or contained in any statute, law, regulation, or order of the state relating to the condition, location, or construction of buildings.
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than 65%, or in any supporting part, member, or portion less than 75% of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(14) 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 a city, county or other governmental health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
(15) 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.
(16) 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.
(17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure.
(18) Whenever any building or structure is abandoned for a period in excess of six months so as to constitute the building or portion thereof an attractive nuisance or hazard to the public.
(Q) To store or maintain any toxic or hazardous waste or material on any such property in any manner which is not in full compliance with all laws and regulations governing storage and maintenance of such waste or material or which is, or may become, injurious to persons or to adjacent properties.
(R) To maintain any such property which is vacant and located in any commercial or industrial zone without lawn or groundcover over the entirety thereof, or without an appropriate irrigation system to maintain such lawn or groundcover. With the prior written approval of the Director, xeriscape (i.e., drought tolerant landscaping for which irrigation is not required) may be substituted for such lawn or groundcover.
(S) To maintain inadequate landscaping upon any portion of such property that is visible from any public place if the property is located in a residential zone; or to maintain inadequate landscaping upon any portion of any such property in any commercial or industrial zone. For purposes of this division, inadequate landscaping means such landscaping as results in a diminution of the appearance of the subject property as compared with adjacent property, or degrades the aesthetic quality of the subject property, or reduces property values in the immediate neighborhood, and includes but is not limited to the following:
(1) Lack of groundcover or lawns, shrubs, or other vegetation on any portion of the property not otherwise developed with a structure, paving, or landscaping hardscape;
(2) Insufficient groundcover, lawn, or other landscaping material on the property, resulting in blowing dust ad/or soil erosion;
(3) Trees, shrubs, lawn, or other plants that are dying from lack of water, fertilizer or maintenance, or from disease;
(4) Failure to comply with any landscaping plan approved by the city in connection with the issuance of any land use approval for the property.
(T) To maintain upon such property any operable vehicle in any yard area visible from any public place other than on a paved driveway installed in accordance with a code or ordinance.
(U) To maintain upon such property any trailer, camper shell, boat, or inoperable vehicle in any yard area visible from any public place, including but not limited to on any paved driveway, for any period in excess of 72 hours.
(V) To maintain, for a period in excess of 48 hours, graffiti or other inscribed material upon any building or structure on such property, or upon any vehicle parked in any area of property which is visible from any public place. For purposes of this division GRAFFITI OR OTHER INSCRIBED MATERIAL includes any inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real property or any building, structure, or other fixture thereon, or on any private property placed on such real property, without the consent of the owner or lessee of such property, or on any poster, paper or other support attached to real or personal property by staples, glue or other means without the consent of the owner or lessee of such property.
(W) To maintain upon such property any sign, notice or announcement, where the matter or event to which such sign, notice or announcement relates has passed, or the time period for which such sign, notice or announcement is relevant has otherwise expired. The provisions of this section shall not be deemed to constitute a waiver of any other provisions of a code or ordinance relating to signs, notices and/or announcements.
(X) To maintain any property for which a discretionary approval has been obtained, including but not limited to a subdivision map, conditional use permit, or variance, in any manner which is not in compliance with the conditions of approval established by such discretionary approval.
(Ord. 1281, passed 3-1-06)