The following acts and conditions, when performed or existing upon any lot or parcel of land within the city, are declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding property and/or which cause damage to public rights-of-way:
(A) Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:
(1) Faulty weather protection, including, but not limited to, the following:
(a) Crumbling, cracked, missing, broken or loose exterior plaster, siding of any kind, roofs, foundations or floors;
(b) Broken or missing windows or doors; and
(c) Painted or unpainted surfaces suffering from dry rot, warping or termite infestation;
(2) Building or structures which are under construction or rehabilitation and are not completed within a reasonable time or whose building permit for such construction or rehabilitation has expired;
(3) Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or materials not approved by the Building or Planning Department;
(4) Buildings or structures which are designed for human use or occupancy and which are left vacant for more than 90 days, unless one of the following applies:
(a) The building or structure is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;
(b) The building or structure meets all codes, does not otherwise constitute a public nuisance, is ready for use or occupancy and is actively being offered for sale, lease or rent; or
(c) The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include:
1. Maintenance of landscaping and plant materials in good condition;
2. Maintenance of the exterior of the building or structure, including, but not limited to, its paint and finishes, in good condition;
3. Regular removal of all exterior trash, debris and graffiti;
4. Maintenance of the building or structure in continuing compliance with all applicable codes and regulations;
5. Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity;
(5) Broken or missing windows or doors which constitute a hazardous condition or which otherwise invite trespassers or may lead to criminal activity on the premises;
(6) Fences or walls which are in a hazardous condition, which are in disrepair or which hinder free access to public sidewalks or rights-of-way;
(7) Substantial deterioration of porches, landings, patios, stairways or guardrails which, although not otherwise constituting an unsafe structure as defined in this code, are visible from public rights-of-way or neighboring properties and are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;
(8) Broken or defective decorative elements of a building, structure, parking lot or landscaped area which are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;
(9) Litter, debris or abandoned personal property scattered in the interior of a vacant or unoccupied building or structure in such a manner as to create a fire hazard, health hazard or other condition which is injurious or potentially injurious to public health, safety and welfare;
(B) Vegetation, trees, landscaping or other plant materials which are subject to any of the following conditions:
(1) Overgrown or in such a condition that they are or are likely to:
(a) Harbor rats, vermin or other vectors;
(b) Provide a harboring place for vagrants or other persons; or
(c) Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;
(2) Dead, decayed, diseased, hazardous or in such a condition that they are or are likely to:
(a) Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;
(b) Create a fire hazard or health hazard;
(C) The parking or storage of trailers, campers, boats, vessels, watercraft, recreational vehicles or other similar vehicles and equipment on residentially used property as follows:
(1) In the front yard area. For the purpose of this section, the “front yard area” shall mean any area of the lot or parcel that is not a paved driveway, that is between the front elevation of the residential building and the front property line of the lot or parcel and that extends the entire width of the lot or parcel. For purposes of this section, “paved driveway” shall mean a paved strip of land which meets all applicable zoning and building regulations of the city, which provides access from the street to a garage, carport or parking space and which has a single access point. The paved driveway may have two access points only if the driveway is semi-circular in nature. For purposes of this section, “parking space” shall mean a paved area within the front yard area which meets all applicable zoning and building regulations of the city and which is of sufficient size to be used for the express purpose of parking a vehicle;
(2) On a paved driveway surface when such parking or storage unreasonably prevents routine and useful access to a required garage parking space or other required parking space;
(3) On a paved driveway area when such parking or storage unreasonably obstructs the cross visibility of vehicle or pedestrian traffic and creates an unsafe condition or traffic hazard or when the vehicle or equipment projects over or onto the sidewalk or street;
(4) When stored directly on the ground and not upon a currently registered and operable vehicle, trailer or similar device designed to transport such vehicle or equipment;
(5) In an abandoned, inoperative, wrecked or dismantled condition;
(D) Attractive nuisances, (those objects which, by their nature and according to the law, may attract children or other curious individuals) including, but not limited to, hazardous pools, ponds, iceboxes, refrigerators, neglected machinery, excavations, stagnant water or abandoned wells;
(E) Storage or scattering over the property of any of the following:
(1) Debris, rubbish, rubble, construction debris, litter or trash which is not stored in trash receptacles or which is scattered and blowing onto adjacent public or private property;
(2) Abandoned, broken, wrecked, inoperable or discarded household or office furnishings, housewares, appliances, electronic equipment or devices, machines and tools or similar objects of equipment;
(3) Abandoned, broken, wrecked, inoperable or discarded personal affects, including, but not limited to, books, magazines, newspapers, papers, nicknacks, ornamental objects, clothing or similar articles;
(4) Outdoor storage of usable building materials for more than 180 days, except where construction or remodeling is occurring under a valid permit or as may be permitted by the zoning classification of the property. The material shall be stored in a neat and orderly manner so as not to create a health or fire hazard;
(5) Outdoor storage or scattering of cardboard, newspaper, magazines, scrap metal, tin, wire, aluminum, plastic or glass containers, except within approved refuse or recycling containers or as may be permitted by this code or the zoning classification of the property;
(6) Abandoned, inoperative, wrecked or dismantled vehicles or parts thereof in violation of § 8.04.010 of this code;
(7) Outdoor storage or scattering of materials, equipment or other items on residentially used property which is not typically associated with such use, which is inconsistent with the zoning classification of the property and which creates a fire hazard or health hazard or which is otherwise injurious or potentially injurious to the public health, safety and welfare;
(F) Packing boxes or similar storage containers which are stored in yards or unenclosed patios, porches, carports or storage units and which create a fire hazard or health hazard or which are otherwise injurious or potentially injurious to the public health, safety and welfare;
(G) Clotheslines or clothes hanging in front yard areas or on porches, balconies, fences, walls, trees, bushes or from any other device which is clearly visible from the public streets;
(H) Receptacles for refuse or recyclable materials stored in clear view of the street and on driveways or in the front yard area of a lot or parcel. For the purpose of this division (H), the “front yard area” shall mean any area of the lot or parcel that is between the front elevation of the residential building and the front property line of the lot or parcel and that extends the entire width of the lot or parcel;
(I) Excessive accumulation of grease, oil or other residues on paved or unpaved surface areas open to the public or when such material flows or seeps onto any public street, sidewalk or public property;
(J) Storage or the parking of buses, tow trucks, dump trucks, grading equipment, tractors, commercial trailers or coaches or any other commercial vehicle over 25 feet long, 8 feet high or 90 inches wide in a residential zone;
(K) To allow or permit graffiti to remain on any building, fence, wall, structure, sign or vehicle when visible to the public street, highway, right-of-way or public place for more than 48 hours. For the purpose of this section, “graffiti” means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any surface in violation of this code or other state or local law;
(L) Signs constructed, erected or maintained in violation of the provisions of Titles 15 or 17 of this code or an applicable specific plan ordinance;
(M) Unpaved or deteriorated driveways or parking lots that contain uneven surfaces, potholes, cracks, drainage problems or that are hazardous to the public health, safety and welfare;
(N) Any device, decoration, design, fence or structure which, by reason of its condition or its location, is injurious or potentially injurious to the public health, safety and welfare or has a tendency to degrade the appearance and property values of surrounding property;
(O) Maintenance of buildings, structures or premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3480 or other applicable law.
(`78 Code, § 8.32.030.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)