Each of the following conditions or acts is declared by the City Council to be an unlawful public nuisance; and the violation of which may be declared to be an infraction and may be abated as provided in this chapter or by other appropriate means. A violation of this chapter may also result in imposition of civil penalties and be subject to any other rights or remedies available to the city.
A. Fire hazards: dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on a street, sidewalk or upon private property within the city, which by reason of its size, manner of growth and location is determined by the City Fire Chief or his or her designee to constitute a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a fire hazard;
B. Hazardous obstructions: an obstacle, landscaping or thing installed or maintained on private property near a roadway intersection or driveway and roadway intersection which by reason of its size, location, and height is determined by the Enforcement Officer or designee to constitute a hazard obstructing the line of vision to the traveling public. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, or trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists;
C. Polluted water: a body of water large enough in size to constitute a hazard to human health and safety, and which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water contained as a body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy or unsafe condition;
D. Refuse and waste: refuse and waste matter, which by reason of its outdoor location and substantive character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon real properties in the city. "Refuse and waste" means unused or discarded matter and material which consists of rubbish, refuse, debris and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, cans, bottle, barrels and old appliances;
E. Zoning ordinance: the violation of a provision of the land use regulations of the city as set forth in Title 17 of this code;
F. Maintenance of property: the existence of any of the following conditions:
1. Graffiti that is not removed within five (5) calendar days after city's Code Enforcement Officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, and walkways.
2. Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.80.
3. Outdoor attractive nuisances that are dangerous and accessible to children including but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.
4. Maintenance of premises in such a condition as to be an attractive nuisance that is dangerous and accessible to children, and/or detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480.
G. Any violation of the provisions of this code pertaining to property maintenance;
H. Any violation of this code declared to be a nuisance.
(Ord. 791-2010 (part), 2010)