(A) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this code, or to violate any provision or fail to comply with any of the requirements of this code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance.
(B) A violation of any of the provisions of this code, or failing to comply with any of the mandatory requirements of this code shall constitute a public nuisance.
(C) In accordance with California Penal Code § 370, the following shall constitute a public nuisance and a violation of this code:
(1) Anything which:
(a) Is injurious to health, or
(b) Is indecent, or
(c) Is offensive to the senses, or
(d) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or
(e) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(D) In accordance with California Civil Code § 3479, the following shall constitute a public nuisance and a violation of this code:
(1) Anything which:
(a) Is injurious to health, including, but not limited to, the illegal sale of controlled substances, or
(b) Is indecent or offensive to the senses, or
(c) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or
(d) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
(E) In accordance with California Government Code § 38771, § 39501, § 39502, § 39560, § 39561, and § 39561.5 the following shall constitute a public nuisance and a violation of this code:
(1) Weeds.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing weeds which:
(i) Bear wingy or downy seeds, or
(ii) Constitute a menace to the public health, or
(iii) Endangers the public safety by creating a fire hazard, or
(iv) May harbor rats, vermin, ticks, or other disease carriers, or pests, or
(v) Constitute an unsightly appearance, or
(vi) Constitute an attractive nuisance, or
(vii) Are otherwise noxious or dangerous.
(b) For purposes of this section "Weeds" include any and all variations of:
(i) Sagebrush, cactus, chaparral, poison oak, poison ivy, grass, stubble, brush, vegetation, and any other bush, shrub, plant, fungus, or other organic growth.
(2) Rubbish.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing rubbish which:
(i) Constitutes a menace to the public health, or
(ii) Endangers the public safety by creating a fire hazard, or
(iii) May harbor rats, vermin, ticks, or other disease carriers, or pests, or
(iv) Constitutes an unsightly appearance, or
(v) Constitutes an attractive nuisance, or
(vi) Is otherwise noxious or dangerous.
(b) For purposes of this section "Rubbish" includes any and all variations of:
(i) Trash, litter, garbage, seeds, plant trimmings, grass clippings, palm fronds, leaves, food, fruit, vegetables, meat, metal, glass, wood, cardboard, plastic, appliances, chemicals, containers, bags, furniture, boxes, clothing, tarps, mattresses, foam, wire, paper, clothing or any other inorganic material, or organic material.
(F) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor except when the violation of a provision of this code is specifically declared to be an infraction.
(G) Notwithstanding any other provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.
(H) Abatement of a public nuisance may be accomplished by any of the methods described in this code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits, or as otherwise allowed under state law.
(Ord. 1809, passed 2-21-24)