It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain upon such premises, or to permit, cause or allow to exist on such premises, any condition which is detrimental to the public health, safety or general welfare or which constitutes a public nuisance as defined by Section 6.01.020(E) of this chapter. Such conditions shall include, but shall not be limited to the following:
A. To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which, in relation to existing use, constitute a hazard to the public health, safety, or general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific requirement or prohibition applicable to the building, structure or property contained in the building regulations of this City, or any law or ordinance of the City or State relating to the conditions, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned, hazardously or inadequately boarded up, partially destroyed, or in a state of partial construction; or
B. To maintain other conditions related to buildings, structures, walls, fences or landscaping which are of a hazardous nature and require immediate correction, repair or adequate and proper maintenance, including, but not limited to, the existence of broken glass in doors or windows, which are located in an area of public access; surfaces showing evidence of dryrot, warping, or termite infestations; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which, because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, is likely to cause sickness, disease, or threat to the public health, safety, or general welfare; or
C. To maintain land, topography, geology or configuration of property which, whether in a natural state or as a result of grading operations, causes erosion, subsidence, or surface water runoff problems, or is of such magnitude as to be injurious or potentially injurious to the public health, safety, or general welfare; or
D. To maintain vegetation, including, but not limited to, trees, or shrubbery weeds or grass, cultivated or uncultivated, which is overgrown (weeds or grass in excess of twelve inches in height), dead, decayed, or diseased or which is likely to harbor rats, vermin, insects, or other nuisances which are dangerous to the public health, safety or general welfare; or
E. To maintain any vegetation or tree which overhangs, impedes or obstructs vehicular or pedestrian traffic on any sidewalk, street, or other public right-of-way; or
F. To store any materials, including but not limited to, equipment, appliances, vehicles, broken or discarded furniture, furniture which is not designed for outdoor use, construction equipment or materials (except for construction equipment or materials for a construction project on the property with a valid permit), boxes, lumber, junk, trash or debris in any front or side or other area that is visible from a public right-of-way or to store such materials in a manner or condition as to be detrimental to the public health, safety, or general welfare; or
G. To store trash or garbage cans, bins, boxes, or other such containers in other than single-family residential areas which are unclean, uncovered or damaged in a front or side yard such that they may be visible from a public right-of-way or highway as defined herein on other than regularly-scheduled pick-up days or to store trash or garbage cans, bins, boxes, or other such containers in such a manner which is otherwise detrimental to the public health, safety or general welfare; or
H. To store trash or garbage cans, bins, boxes, or other such containers in a front or side yard in single-family residential areas in such a manner that they may be visible from a public street or highway as defined herein. No bin, cart, roll-off box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve hours after collection. All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point farthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling; or
I. To store, keep or maintain recyclable items which have not been recycled within thirty (30) calendar days of being deposited on the property and that are open to view from a public right-of-way; or
J. To store, keep or maintain lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials including, but not limited to, auto parts, scrap metals, tires, or other similar materials stored on the premises in excess of seventy-two consecutive hours and which are visible from a public right-of-way; or
K. To place, maintain, hang, dry or air clothing, household fabric or laundry on or from any manmade or natural device, including, but not limited to clotheslines, fences, open windows, balconies, trees or shrubbery, in a front or side yard that is visible from the public right-of-way; or
L. To maintain excavations, ponds, pools, or unenclosed or empty swimming pools contrary to the provisions of Chapter 14.02 of the Fullerton Municipal Code; or
M. To store, discharge, hold, handle, maintain, use or otherwise deal with hazardous, infectious or extremely hazardous wastes as defined by California Health and Safety Code Sections 25115, 25116.5, 25117, and 25117.5 and is generally defined as "any substance that causes or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or posing a substantial present or potential risk to human health or the environment."
This includes, but is not limited to, the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will, or may cause or result in the pollution of any underground or surface water. Examples include, but are not limited to, petroleum products, laboratory wastes, specimens (pathological or surgical) or equipment.
Furthermore, any violation of Federal, State or local laws or regulations, including but not limited to, California Health and Safety Code Sections 24185 through 25100 and Section 4-3 of the Orange County Code, and all their respective amendments, shall constitute a public nuisance under this part; or
N. To keep any animal, reptile or insect that is prohibited by any law or in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way, or to fail to at all times keep cages, coops, pens, yards, hutches, spaces, pasture or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove all excreta and manure where animal is kept, at least daily, and as often as is necessary so as not to become a nuisance to any person in the neighborhood; or
O. To keep, operate or maintain any machinery which, by reason of its dust, exhaust, noise or fumes, creates a health or safety hazard; or
P. To fail to remove underground or above-ground storage vessels or tanks within one year after the use of such tanks or vessels ceases pursuant to Uniform Fire Code Section 79.115 or to maintain underground tanks contrary to the provisions of the California State Health and Safety Code Sections 25280--26399/6 inclusive; or
Q. To maintain or fail to maintain property, or any building or structure thereon, in such condition so that it is defective, unsightly, or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard; or
R. To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons; or
S. Any building or structure constructed, or equipment or fixtures installed, without benefit of a required permit, final inspection, and approval; or if permit is still active has not had any work approved in over 180 days; such nuisance and violation shall continue to exist each day until all inspections are completed including final inspection and approval; or to maintain any building or structure in a state of partial construction where work is abandoned and for which a permit was issued and allowed to expire; or
T. To maintain on the property any accumulation of uncompacted fill more than three feet in height over predominant grade and contrary to adjacent contour for any period of seventy-two hours; or
U. Operation of any commercial activity in any zone without a business license and in direct violation of zoning, licensing and building codes regarding location, compatibility and occupancy; or
V. Any sign or sign structure maintained in violation of Chapter 15.49; or
W. Commercial Auto Repair in Residential Zones. Commercial auto repair shall include those activities of an auto dealer preparing a vehicle for resale or an auto repair shop. "Dealer" shall be a person (not expressively excluded by California Vehicle Code Section 286) who is engaged wholly, or in part, in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not such vehicles are owned by such person. "Repair shop" shall be a place where vehicles subject to registration under the California Vehicle Code are repaired, rebuilt, reconditioned, repainted or in any way maintained for the public; or
X. Maintenance of premises so out of conformance with maintenance standards of properties in the general neighborhood as to cause substantial diminution in value, enjoyment, benefit or use of such properties. Conditions may include, but shall not be limited to, unpainted or peeling paint on interior or exterior of structures, overgrown vegetation, dead trees and weeds, use of material such as tarps for exterior shade structures or to provide weather protection for the interior of a building, fences in a state of disrepair or in a dilapidated condition, loose, cracked or damaged roof covering or other defects in the exterior finish of the structure which admit rain, weather, elements, rodents, insects or vermin and the accumulation of dirt, litter or debris.
Y. Use of structures such as “pop-ups” in public view for more than three days or in violation of any other law or code.
Z. To keep bees or hives in a manner that through action or inaction allows for any of the following conditions to occur:
1. Bee hives are placed on property without first obtaining a Residential Beekeeping Permit.
2. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.
3. Colonies of bees swarm due to failure to requeen or without response to contain or relocate within three days.
4. Colonies of aggressive bee swarm without response to contain or relocate within 24 hours.
5. Bees or hives do not conform to Fullerton Residential Beekeeping Best Management Practices.
6. Hives become abandoned by resident or by the owner.
7. A complaint is received from a person residing on a neighboring property with proof of a medically-certified allergy to the sting of bees.
(Ord. 3255 § 2 (part), 2018; Ord. 3162 § 1, 2011; Ord. 2969 § 2 (part), 2000).