1.14.030 Nuisance defined.

   For purposes of this chapter, “nuisance” means any of the following:

   A.   A condition of real property or a building, structure, improvement or other thing located on real property that violates any provision of this code, state or federal law, including but not limited to:

      1.   Real property developed or used in a manner that violates the land use regulations adopted directly or by reference in this code;

      2.   A substandard building or a dangerous building or structure maintained in violation of the housing regulations or dangerous building regulations adopted by or pursuant to this code;

      3.   A building or structure constructed, maintained or used in violation of the building regulations or fire regulations adopted by or pursuant to this code;

      4.   Vehicles, whether motorized or nonmotorized, shall not be parked on or within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable zoning code provisions. Therefore, parking on residential property is limited to parking on driveways and parking pads. Parking on lawns and on dirt is prohibited;

      5.   Vehicles, whether motorized or nonmotorized, shall not be parked on a public street perpendicular or diagonally to any residence unless otherwise specifically allowed by this code;

      6.   Vehicles, whether motorized or nonmotorized, shall not be parked on driveways or parking pads where a portion of the parked vehicle also extends into the sidewalk or street unless otherwise specifically allowed by this code;

      7.   Placing, permitting or allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the edge of street improvements of a given parcel. This section is intended to supplement and not stand in conflict with the provisions of Streets and Highways Code, entitled “Maintenance of Sidewalks” (Streets and Highways Code Sections 5600, et seq.);

      8.   Graffiti or other words, lettering or drawings, other than allowed advertisement, which remain on the exterior of any building or fence. Gang-related or other graffiti constituting a public safety hazard and/or tagging shall be removed pursuant to Chapter 9.46 of this code;

      9.   The storage of flammable materials in violation of Chapter 16.R.42 of this code;

      10.   Outdoor cultivation of marijuana plants in violation of Chapter 19.75 of this code;

      11.   The placement of items of business inventory, refuse containers, equipment, vehicles, or similar obstructions on the street or sidewalk without prior city approval, if prior city approval for the same is required by law; or

      12.   It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the city to cause, allow, permit, maintain or to allow to be maintained upon such property any improvement upon such property without prior approval by the city or without prior approval by any other applicable public entity authority if such prior approval is required by law.

   B.   A condition of real property or a building, structure, improvement, or other thing on real property that endangers the public health, safety or welfare, including but not limited to:

      1.   A vacant parcel containing plants, animals and/or other items in a manner that endangers the public health, safety or welfare of persons on or near the property;

      2.   A parcel containing a vacant or boarded up building or structure that is not regularly maintained or is not protected from unauthorized access and that endangers the public health, safety or welfare of persons on or near the property;

      3.   Buildings left in a state of partial construction for six months, absent compelling extenuating circumstances;

      4.   Buildings subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued;

      5.   Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief;

      6.   Unsecured or structurally damaged/unsound awnings or overhangs, porches or building appurtenances;

      7.   Occupied buildings lacking functioning, city-approved electrical utility service. Exempt from this definition are buildings with a city-approved electricity system not requiring city-provided service. Exempt from this definition is the use of temporary electrical generation in the case of emergency or power loss, but only to the extent of the emergency and/or power loss;

      8.   Occupied buildings lacking functioning, city-approved water service;

      9.   Occupied buildings lacking functioning, city-approved sanitary sewer service;

      10.   Exterior wall and/or roof coverings that have become substantially deteriorated and do not provide adequate weather protection, unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing or insect infestations;

      11.   Fences, gates, building exteriors, walls, signs, retaining walls or other structures on private property abutting, fronting upon, or visible from any public street, which are unsafely leaning, fallen, decayed, or in an otherwise dilapidated, unsafe or unsightly condition;

      12.   The performance of major repairs or dismantling of any motorized or nonmotorized vehicle, including but not limited to, cars, boats, vessels, recreational vehicles, all-terrain vehicles, motorcycles, or part thereof, in a location visible from the street. This provision shall not be construed as prohibiting the registered owner of a motorized or nonmotorized vehicle, or part thereof, from performing minor repair of the vehicle in the driveway or other paved surface of a residence. However, the vehicle must be registered to someone living in the residence and the duration of the repair shall not exceed 14 days. Proof of registration of any vehicle on which minor repair is occurring shall be provided to any police officer or code enforcement officer upon request;

      13.   Except as may be otherwise allowed by this code, any property that is maintained or allowed to be maintained for any purposes that would create the following conditions on adjacent or contiguous public property: (1) the tracking of mud, dirt, sand, gravel, and concrete onto the street or public right of way; (2) the spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or other public right-of-way; or (3) the use of public property for storage of vehicles and/or other materials associated with business activity on the street, in the public right-of-way, or on other public property;

      14.   An obstruction to the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway;

      15.   A tree that is subject to disease or insect infestation likely to spread or is structurally unsound by reason of old age, disease, fire or other cause;

      16.   A failing private sewage disposal system;

      17.   An unprotected excavation or an abandoned and uncovered well;

      18.   A well with a casing not sealed as required by applicable regulations;

      19.   Items stacked or stored so as to present a safety hazard;

      20.   Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting a danger to public safety and welfare;

      21.   Overgrown vegetation likely to harbor rats, vermin and other nuisances resulting in potential health hazards;

      22.   Vegetation growing into the public right-of-way, obstructing the necessary view of drivers on public streets, rights-of-way or private driveways;

      23.   Pooled oil, water, or other liquid accumulation, flowing onto the street, or excessive accumulations of grease or oil on paved surfaces;

      24.   The accumulation of litter, debris, trimmings, trash, wood, rocks, blocks, hazardous chemicals, flammable chemicals, oil, gasoline, other petroleum products, antifreeze, power tools, broken or discarded furniture, or household appliances stored, accumulated, or placed on private property, in a yard, or a portion thereof, including sidewalks, gutters, driveways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of, the property;

      25.   Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris;

      26.   Except on normal trash pick-up days, trash, garbage or refuse cans, bins, boxes or other such containers shall be stored out of or screened from public view where practical, but in any event on private property as close to the residential structure as possible;

      27.   Any condition, arrangement, or use of property that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as standard by persons in the public service of preventing, suppressing, or extinguishing a fire including, but not limited to: (1) the accumulation of dry or dead shrubs, trees, other vegetation, combustible waste, refuse, or material determined to add to the potential severity of a fire; (2) the operation of welding equipment, cutting torches, tar pots, grinding devices or other tools or equipment that may produce a spark, fire or flame in a manner that unreasonably increases the risk of an uncontrolled fire occurring; (3) any act, activity, process, operation or omission which increases or may increase the threat of a fire that endangers public safety; and (4) any condition which may hinder, delay or obstruct the prevention or suppression of a fire;

      28.   A swimming pool, pond or other body of water large enough in size to constitute a hazard to human health and safety, and that is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted with bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers and any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition; or

      29.   Any other condition or use of property which gives rise to a reasonable determination by the code enforcement officer that the condition or use represents a threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature.

   C.   A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties, including but not limited to:

      1.   An accumulation of lumber, unused equipment, or junk visible from a public right-of-way or surrounding properties;

         i.   "Junk" shall include, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, inoperable vehicle, vehicle parts and equipment, machine parts, container, shopping cart, packaging materials, plant cuttings, rubbish, debris, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its: (1) condition of damage, deterioration, disrepair or non-use; (2) approximate age and degree of obsolescence; (3) location; (4) present operability, functional utility and status of registration or licensing, where applicable; and (5) cost of rehabilitation or repair versus its market value;

      2.   An abandoned and dilapidated building or portion of a building;

      3.   Dilapidated furniture in yards or on driveways, sidewalks, roofs or unenclosed balconies or porches;

      4.   Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance detrimental to neighboring property or property values; or

      5.   Any other condition or use of property which gives rise to a reasonable determination by the code enforcement officer that the condition or use, if permitted to continue, will cause the substantial diminution of the enjoyment, use and property values of such properties.

   D.   A condition of real property or a building, structure, improvement or other thing on real property that is an attractive nuisance (i.e., a dangerous or potentially dangerous condition of property likely to attract children and other curious people) including, but not limited to:

      1.   A parcel containing a vacant or boarded up building or structure that is not regularly maintained and is not protected from unauthorized access;

      2.   Any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible building, structures, wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound buildings, structures, walls, or fences; or, any lumber, trash, walls, fences, debris, chemicals, flammable material or vegetation which may prove hazardous or dangerous to minors; or

      3.   An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

   E.   A condition of real property, or of a building, structure, or improvement on real property, resulting directly or indirectly from the violation of:

      1.   Any regulatory or prohibitory provision of city, state or federal law or regulation applicable to the property or the occupancy of any structure; or

      2.   Any condition of approval or mitigation measure imposed upon the subdivision of land, any permit or any other entitlement for the use of land.

   F.   Any other condition of real property, or of any building, structure, or improvement on real property, declared to be a nuisance by any statute of the State of California, or recognized to be a public nuisance by the common law of this state.

(Ord. 1891 (part), Ord. 2312 §1, Ord. 2592 §1 (part))

1.14.040 Manner of serving notices.

   Except as expressly otherwise provided by this chapter, any notice or other document required to be served on an owner of property pursuant to this chapter shall be deemed served when either personally delivered to such property owner or when deposited in the United States mail, certified and return receipt requested, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte, whichever is more current. Service by mail of a notice or other document in the manner provided for herein shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice.

(Ord. 1891 (part), Ord. 2268)

1.14.050 Request to abate nuisance.

   If the director determines that a nuisance exists that may be abated under this chapter, the director shall serve the owner of such property with a written request to abate that nuisance prior to initiating nuisance abatement proceedings under this chapter. The request shall describe the nuisance to be abated, set forth a reasonable time to abate the nuisance, and advise the property owner that if the nuisance is not so abated, the owner of the property may be subject to proceedings under this chapter or other provisions of law appropriate to achieve abatement of the nuisance. However, when nuisance conditions arise out of a violation of the provisions of this code or any condition of approval of a subdivision or any permit or other entitlement for the use of land, and a written notice of such violation was previously served on the property owner by the director or by any other city officer or employee, the director shall not be required to serve the owner with a separate request to abate the nuisance.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2312 §2, Ord. 2364 §3)

1.14.060 Nuisance abatement order - Initiation of proceedings.

   A.   Upon determining that a nuisance exists, the director may initiate proceedings before an administrative hearing officer to abate the nuisance by preparing a proposed nuisance abatement order, transmitting such order to the city clerk, and giving the notice required by Section 1.14.070. The clerk shall schedule the order for consideration by the administrative hearing officer at the next date the administrative hearing officer is available after 10 days have elapsed since the notice was given. The administrative hearing officer shall be selected by the city manager. The administrative hearing officer selected by the city manager shall be the city manager or another designee. However, the city manager shall not designate the director as the administrative hearing office.

   B.   The proposed nuisance abatement order shall:

      1.   Describe the alleged nuisance with particularity and the property on which such nuisance is located, by a legal description, assessor's parcel number and, where possible, a street address;

      2.   Include as an exhibit a map depicting the property and, where possible, the map shall identify the general location where the nuisance exists on the property;

      3.   Identify the owner of the property;

      4.   Include any terms or conditions the director deems appropriate in the circumstances, including but not limited to any requirements for permits related to work that caused the nuisance or that is required for its abatement; and

      5.   Set a date by which the nuisance must be abated in accordance with the terms of such order.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2312 §3, Ord 2364 §4, Ord. 2592 §1 (part))

1.14.070 Nuisance abatement order - Notice of hearing .

   At least 10 days prior to the scheduled date of a public hearing before the administrative hearing officer on a proposed nuisance abatement order, the director shall cause notice of the time and place of such hearing and a copy of such order to be served on the owner of the property on which the alleged nuisance is located, and on any person known to the building official to be occupying all or any part of such property if such person or persons is someone other than the owner of the property. In addition, at least 10 days prior to the date of a public hearing before the administrative hearing officer on a proposed nuisance abatement order, the director shall cause a notice which sets forth the time, date and place of the hearing on such order as well as a statement of the substance of the order to be posted in a conspicuous place on or near the property on which the alleged nuisance is located.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord 2364 §5, Ord. 2592 §1 (part))

1.14.080 Nuisance abatement order - Hearing on proposed order.

   At the time and place set for the hearing on the proposed nuisance abatement order, the administrative hearing officer shall consider a report of the director on such order and all other relevant evidence bearing on the order, including, in particular, any objection to the order presented by the owner of the property upon which the alleged nuisance is located. At the conclusion of the hearing, the administrative hearing officer, based on such evidence, shall determine whether any of the alleged nuisance conditions described in the proposed nuisance abatement order exist on the real property which is the subject of the order, whether such conditions constitute a nuisance within the meaning of this chapter, and if a nuisance is found to exist on the property which is the subject of the order, whether the time for abating the nuisance as set forth in the proposed order is appropriate, given all of the circumstances of the case.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §6, Ord. 2592 §1 (part))