The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to maintain the following:
A. Any real property or properties in the City in such a manner that any one or more of the following conditions are found to exist thereon:
1. Land, the topography, geology or configuration of which whether in natural state or as a result of the 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.
2. 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. As used herein, an “unreasonable” period shall mean any portion of time exceeding the period given to a responsible person by the City for the complete abatement of a nuisance condition with all required City approvals, permits and inspections. Factors that may be used by the City to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
(a) The degree of partial construction or destruction and the cause therefor.
(b) Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.
(c) The degree of visibility, if any, of this condition from public or adjoining private real property.
(d) The scope and type of work that is needed to abate this nuisance in a manner that conforms to the City’s Building Code.
(e) The promptness with which a responsible person has applied for and obtained all required City approvals and permits in order to lawfully commence the nuisance abatement actions.
(f) 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 completing nuisance abatement actions.
(g) 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.
(h) Whether or not a responsible person has made substantial progress, as determined by the City, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.
(i) Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.
3. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six (6) months.
4. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, pedestrian ways, driveways, parking areas, and any detached or freestanding structure, that have become defective, unsightly, or are 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 Culver City Municipal Code, or other applicable law.
5. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.
6. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.
7. Windows or doors that remain boarded up or sealed after ten (10) calendar days written City notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.
8. Obstructions of any kind, cause or form that interfere with required natural or mechanical light, heat, or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
9. Abandoned personal property that is visible from public or private property.
10. Any form of an attractive nuisance.
11. Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair, or where such condition interferes with the peaceful use, possession and/or enjoyment of occupants or properties in the vicinity, or where such condition otherwise violates, or is contrary to, the Culver City Municipal Code or other applicable law.
12. Items of junk, trash, debris, or other personal property that are kept, placed, 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 Culver City Municipal Code; or items of junk, trash, debris, or other personal property that are visible from public or private real 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.
13. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, 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 California Health & Safety Code, the Culver City Building Code, or other applicable local, State, or Federal law, rule, or regulation;
(b) Violate the Culver City Health Code;
(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;
(f) Are visible from the public right-of-way;
(g) 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 Culver City Zoning Code, and all other applicable provisions of the Culver City Municipal Code and any future amendments and additions thereto, as well as applicable County, State, and/or Federal laws and regulations.
14. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitute an attractive nuisance or that are otherwise likely to 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.
15. Holiday lights, decorations, or displays that are erected, installed, displayed, or maintained on exterior portions of real property more than thirty (30) calendar days before a Federal, State, or religious holiday and/or more than fifteen (15) calendar days after a Federal, State, or religious holiday.
16. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right-of-way.
17. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property or on any other exterior portion of real property that is visible from the public right-of-way, unless otherwise authorized pursuant to a permit or other entitlement from the City.
18. Overgrown vegetation including, but not limited to, any one of the following:
(a) Plant material likely to harbor, or promote the presence of, rats, vermin and/or insects.
(b) Plant material 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:
(1) Lawns with grass in excess of six inches (6") in height.
(i) Xeriscape landscaping and drought tolerant materials are encouraged as an acceptable landscape feature and are not subject to the six inch (6") limitation set forth herein, however, xeriscape landscaping must be maintained as indicated in Subsection 9.04.015(A)(18)(b)(2), hereinbelow.
(2) Plant material that is not maintained in a neat, orderly, and healthy manner for that particular species, as a result of lack of adequate mowing, grooming, trimming, pruning, weeding, fertilizing, watering, and/or replacement.
(c) Plant material that creates, or tends to create, the existence of a fire hazard.
(d) Plant material 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.
(e) Tree branches within three feet (3') of the rooftop of a structure so as to facilitate rodent or animal access thereto.
19. 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:
(a) An attractive nuisance;
(b) A fire hazard;
(c) The creation or promotion of dust or soil erosion;
(d) A diminution in property values; or,
(e) A detriment to public health, safety or welfare.
20. Lack of landscaping or other approved ground cover in any yard area as required by the Culver City Zoning Code or other provisions of the City’s municipal code, or so as to promote or cause dust or soil erosion.
21. Garbage containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas when less than twenty feet from the front or side property line, or, kept, placed, or stored in front of the building line on the property when the building line is less than twenty feet from the front property line, except when placed in places of collection at times permitted and in full compliance with this Code.
22. Recreational vehicles that are parked or stored on any real property for use as temporary or permanent living space, unless authorized pursuant to any City permit or entitlement or as otherwise authorized by law.
23. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Culver City Zoning Code.
24. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface, or on any paved surface that does not have continuously paved access to an adjacent street, alley, highway, or other public right-of-way for vehicular travel.
25. Parking spaces required by the Culver City Municipal Code, including the Culver City Zoning Code, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.
26. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.
27. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the City.
28. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site and/or where said equipment, machinery, or vehicle is located pursuant to an active permit or license issued by the City.
29. Maintenance of signs, or sign structures, on real property relating to uses 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 Culver City Zoning Code.
30. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.
31. Any personal property or structure that obstructs or encroaches on, across, or over any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.
32. Any personal property, vegetation, and/or structure that encroaches on, across, or over any public alley, highway, land, sidewalk, street or other right-of-way, or that is otherwise situated on private property, in such a manner that inhibits, prevents, or interferes with vehicular or pedestrian access or use of said right-of-way, or that otherwise endangers vehicles or persons in the immediate area of said right-of-way.
33. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from private real property.
34. Storage of hazardous or toxic materials or substances, as so classified by any local, State or Federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, State or Federal laws or regulations.
35. Any discharge of any substance or material other than stormwater which enters, or could possibly enter, the City’s storm sewer system in violation of the Culver City Municipal Code.
36. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering on or over any graded surface or hillside, except in the following circumstances:
(a) A state of emergency has been declared by local, County, State, or Federal officials directly impacting the area to be covered;
(b) Covering with a tarp performed pursuant to an active building or grading permit; and/or
(c) Tarps installed during the period from December 1 through March 30 of each year, when required due to rain or other weather forecasted within the subsequent seven (7) calendar days that would be likely to damage or erode the graded surface or hillside.
37. 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 when rain has been forecasted within the subsequent seven (7) calendar days, or when specifically permitted under an active roofing or building permit.
38. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade;
39. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of the Culver City Municipal Code.
40. 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.
B. Pollution.
1. The production of dense smoke, noxious fumes, gas, soot, cinders, or smoke by any commercial or industrial or other organization, through furnaces or other facilities, in such quantities as to be detrimental to the public health or which unnecessarily interferes with the health, comfort, or safety of any person.
2. The pollution of any well, cistern, stream, creek, or other body of water, by sewage, industrial wastes, or other substances detrimental to the public health.
C. Any “unsafe building” or “unsafe structure” as defined by the Culver City Building Code.
D. 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 Cal. Health & Safety Code § 17920.3, and any future amendments thereto.
E. 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, the provisions of the Culver City Municipal Code, or any other ordinance of this City, including, but not limited to the following acts:
1. Unlawful possession, use, and/or sale of controlled substances; and/or
2. Prostitution; and/or
3. Unlawful gambling.
F. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:
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. Harassment of passersby;
6. Theft, assault, battery, or vandalism;
7. Storage or sale of stolen goods;
8. Excessive littering;
9. Illegal parking or traffic violations;
10. Curfew violations;
11. School attendance violations;
12. Lewd and/or lascivious conduct; and/or
13. Excessive responses by the Police Department or other law enforcement personnel.
G. Storage or use of gunpowder, dynamite, fireworks, explosive chemicals, or other explosive materials except in compliance with the terms and conditions of a permit sought from and issued by the City.
H. Noise disturbances.
1. General. Any noise that is made, generated, produced, or continued, whether by a person, activity, animal, fowl, automobile, motorcycle, engine, machine, or other mechanical device, whether on public or private property, in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Culver City Municipal Code, including the regulations set forth in Chapter 9.07 (“Noise Regulations”) and/or the noise limits set forth in the Culver City Zoning Code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to the following:
(a) The volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
(e) The volume and intensity of the background noise, if any;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature of the zoning of the area from which the noise emanates;
(h) The density of inhabitation of the area from which the noise emanates;
(i) The time of day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant;
(l) Whether the noise is produced by commercial or noncommercial activity; and
(m) Whether the noise is a consequence or expected result of an otherwise lawful use.
2. Musical instruments, radios, and the like, in residential districts or immediately adjacent thereto, between 10:00 p.m. and 8:00 a.m. The using, operating or permitting to be played, used or operated, of any musical instrument, radio or phonograph or amplifying device, in such manner as to disturb the peace, comfort or repose of the neighboring inhabitants; the conducting or carrying on of band or orchestral concerts or rehearsals or practice wherein any occupied adjoining building is nearer than 200 feet.
3. Loud speakers and amplifying devices in public places - permit required. The playing or operating, or permitting the playing or operating, of any musical instrument, radio or phonograph, or the operation and use of any loud speaker or sound amplifying device, either mobile or stationary, through which device the spoken word, or other sounds, are produced or reproduced in such increased volume as to be clearly audible to a person of normal hearing under normal and ordinary conditions, for a distance of more than 200 feet from the source of such sound, upon the public street, or in any public place, or outside of any doorway of any building facing upon a business street in the City, except in compliance with the terms and conditions of a permit sought from and issued by the City.
4. Mechanical noise or construction noise near residential zones.
(a) The use or operation of any automobile, motorcycle, engine, machine, or mechanical device, or other contrivance or facility, or the carrying on of any trade or business, causing between the hours of 8:00 p.m. and 8:00 a.m., any loud or unusual noise or sound, disturbing the peace of residents of a residentially zoned neighborhood.
(b) Any construction or excavation work, except between the hours of 8:00 a.m. and 8:00 p.m. Mondays through Fridays, or between the hours of 9:00 a.m. and 7:00 p.m. on Saturdays, or between the hours of 10:00 a.m. and 7:00 p.m. on Sundays.
5. Mechanical devices, and the like, interfering with business or industrial operations. The operation of any automobile, motorcycle, engine, machine or mechanical device or other contrivance or facility, or the carrying on of any trade or business, any loud or unusual noise or sound from which interferes with the transaction or conduct of any business or industrial operation in the surrounding area, unless the making of such noise is incident to the construction or repair of buildings or equipment or is otherwise necessary to the protection or preservation of the property from which such noise or sound emanates.
6. Vulgar or obscene language through loud speaker. The uttering through any loud speaker, sound making or sound amplifying device, or otherwise, of any obscene, vulgar, profane or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction or damage to property or injury to any person, or intended to, or which would reasonably be expected to, incite others to do any unlawful act or which utterance would reasonably be expected to create a condition which would result in a clear and present danger of the commission of such unlawful acts.
I. Use of leaf blowers. The commercial use or operation of any leaf blower or other portable machine powered with an internal combustion engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns and other surfaces, without first having obtained a leaf blower operator’s permitissued by the City pursuant to this Section. A leaf blower operator’s permit shall not be required for an individual operating a leaf blower for private use and not as part of a commercial business.
1. Each applicant for a leaf blower operator’s permit shall be required to demonstrate conformance with the City’s guidelines for leaf blower usage as set forth in the permit application and provide evidence of a current business tax certificate.
2. It shall be unlawful for any person to operate a leaf blower or other machine described in this Section within the City of Culver City, except between the hours of 8:00 a.m. and 6:00 p.m. Mondays through Fridays and between the hours of 10:00 a.m. and 5:00 p.m. on Saturdays and Sundays.
3. It shall be unlawful for any person to operate, within the City of Culver City, a leaf blower with a sound level exceeding 65 decibels.
4. It shall be unlawful for any business to sell, within the City of Culver City, a leaf blower with a sound level exceeding 65 decibels.
5. Upon request by the City, any person operating a leaf blower must allow the City’s inspection of the leaf blower to verify compliance with this Section, and must present to the City, upon request, documentation from the manufacturer evidencing the leaf blower’s decibel level.
6. The City may revoke a permit issued pursuant to this Section as a result of any violation of Subsection I.2, I.3 or I.5.
7. An applicant for a leaf blower operator’s permit who has had a permit revoked, or been convicted of or pled guilty or no contest to a criminal charge alleging a violation of this Section, within the prior six (6) months shall not be issued a permit.
8. Subsections I.3, I.4 and I.5 shall become effective on November 23, 2022.
J. The keeping or maintaining of decayed or unwholesome food, sold, or offered for sale to the public.
K. Any condition recognized in local or State law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.
L. Any condition, use, or activity that constitutes a public nuisance as defined by Sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.
M. Any building, structure, or use of real property that violates or fails to comply with (I) any applicable approval, permit, license, or entitlement or condition relating thereto, (ii) any ordinance of the City, including, but not limited to any provision of this Code, or (iii) any applicable County, State, or Federal law or regulation.
(Ord. No. 2013-009, § 4 (part); Ord. No. 2017-015, § 1)