The City Council finds and declares that, notwithstanding any other provision of the Menifee Municipal Code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following:
(A) Any real property or premises 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) Any premises, buildings or other structures, or portions thereof, that is partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used in this section, the term "unreasonable period" means any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits, and inspections. One or more of the following factors may be used by the city to establish a reasonable period for the complete abatement of this nuisance:
(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 hazard to the health, safety, or welfare of the occupants or the general public.
(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.
(e) The existence of any current and valid approvals, permits, or other entitlements for the partially constructed or destroyed building or structure.
(f) The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully comply with the nuisance abatement actions.
(g) 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.
(h) Whether or not a responsible person has applied for extensions to any required 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.
(i) Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under any required permit that has expired, or is about to expire.
(j) Whether delays in completing nuisance abatement actions under any required permit have occurred, and the reasons for such delays.
(3) Any construction site that is not screened in compliance with the applicable provisions of this code, or that is maintained in a condition that endangers public health or safety, or creates an unreasonable interference with the comfortable enjoyment of life or use of property of others.
(4) Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) which is determined after inspection by the building official to be dangerous.
(5) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures) and any detached or freestanding structure (including, but not limited to, fences and walls) that have become defective, cracked, broken, unsightly, or 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 Menifee Municipal Code, or other applicable law.
(6) Sidewalks, walkways, pedestrian ways, driveways, and parking areas that have become defective, cracked, broken, unsightly, or 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 Menifee Municipal Code, or other applicable law.
(7) Failure to provide and maintain adequate weather protection to buildings or structures (including but not limited to, fences, walls, and retaining walls) in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, deteriorated, or severely damaged paint, stucco or other exterior covering or that otherwise results in or tends to result in the decay, deterioration, or dilapidation of the building or structure.
(8) 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.
(9) Any sign located on a property that advertises a commercial activity for a business that has either ceased operation or which does not have a properly issued city permit to operate.
(10) Any sign, pennant, flag, banner, balloon, card, poster, text, or similar attention-seeking device that is displayed, erected, placed, posted, painted or secured in a manner that is not authorized under this code.
(11) Windows or doors that remain boarded up or sealed after 15 calendar days of 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.
(12) Obstructions of any kind, cause, or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
(13) Abandoned, broken, or neglected personal property that is visible from public or private property.
(14) Any form of an attractive nuisance.
(15) 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 to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity; or where such condition otherwise violates, or is contrary to, the Menifee Municipal Code or other applicable law.
(16) Items of junk, trash, debris, waste, 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 Menifee Municipal Code; or items of junk, trash, debris, waste, 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. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Zoning Code (including all approvals and permits required thereby), and all other applicable provisions of the Menifee Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
(17) Dumping or discharge of refuse, sewage, filthy water and waste matter upon the following:
(a) Any public or private highway or road;
(b) Private property where the public is admitted by easement or license;
(c) Private property with or without the consent of the property owner; and
(d) Any public property not designated for such purpose;
(18) Dumping or placing any rocks or dirt upon public or private property without the consent of the State or local agency retaining jurisdiction over such highway or property.
(19) Unless authorized by applicable law, the storage of personal property or belongings on any public property, right-of-way, or park.
(20) Any bin, cart, rolloff box or other container adjacent to or in a street or public right-of-way for collection service more than twelve hours prior to the normal collection time or more than twelve hours after collection.
(21) A shopping cart that is left abandoned on any public or private property. "Shopping cart" includes a basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.
(22) Hoarding, by means of keeping or allowing to exist an accumulation of items, regardless of actual value, on the interior or exterior of a property that results in an unsanitary condition or a restriction, ingress or egress or any other violation of this code.
(23) 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 state housing law, the City Building Code, or other applicable local, state, or federal law, rule, standard, or regulation;
(b) Violate any health code adopted by and/or applicable in the city;
(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; or
(f) 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 Zoning Code, and all other applicable provisions of the Menifee Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws, codes, standards, and regulations.
(24) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitutes an attractive nuisance or that is otherwise likely to attract or harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by, without limitation, 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.
(25) Overgrown vegetation, including, but not limited to, any one of the following:
(a) Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.
(b) Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to likely result in, or contribute to, a diminution of property values, including, but not limited to hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.
(c) Vegetation that creates, or tends to create, the existence of a fire hazard.
(d) Vegetation 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.
(26) 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 likely diminution in property values; or
(e) A detriment to public health, safety, or welfare.
(27) Lack of landscaping or other approved ground cover in any yard area as otherwise required by the Zoning Code or other provisions of the City Municipal Code, as well as design guidelines or specific plans adopted by the City Council, or so as to otherwise cause or promote the existence of excessive dust or to allow the accumulation of debris. Visible front and side yards shall be mowed, landscaped and otherwise maintained to the satisfaction of the Community Development Director or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock, bark, City's artificial turf, and sod. Weeds, dirt, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar materials are not acceptable landscaping or ground cover. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning, and mowing of required landscape and removal of all trimmings.
(28) Any condition causing or inviting bees to enter or remain on a property in an amount to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life or use of property of others.
(29) Abandoned, dismantled, inoperable or wrecked vehicles, boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless expressly authorized under this code.
(30) Parking any vehicle in areas not specifically designed for vehicular parking including, but are not limited to, on front and side yards of any structure and unpaved areas, except under permit.
(31) Except as otherwise provided for in Chapter 12.20, any commercial or construction vehicle, or towed commercial or construction equipment, parked on private property or on public right-of-way. The term commercial or construction vehicle and/or equipment includes, but is not necessarily limited to, utility body trucks, farming and construction tractors, construction vehicles and towed equipment, semi-truck tractors, semi-truck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above. This section shall not apply when the vehicle or equipment is actively being used under an active building permit for the property upon which the vehicle or equipment is found.
(32) To occupy any vehicle, recreational vehicle, motor home, trailer or camper which is not stored or parked in a legal campground or mobile home park and connected to proper sewage disposal facilities.
(33) Any personal property or structure that obstructs or encroaches on 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 or other city approval has been issued authorizing said encroachment or obstruction.
(34) The presence of graffiti or other defacement of real or personal property on a building, structure or vehicle, or portion thereof, or the presence of graffiti on a building, structure, or vehicle that has been painted over with a color that does not match the exterior of the remaining portion of the building or structure, in such instances where the paint, graffiti, or defacement is visible from a public right-of-way or from private real property.
(35) 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.
(36) Accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences that are not stored in accordance with applicable laws.
(37) Any structure, or portion thereof, that has been boarded up for a period of more than 180 days.
(38) Any property that is used for the keeping, sale, use, distribution, or delivery of any controlled substance in violation of any applicable law or any property that is otherwise a drug house.
(39) All conditions or uses that constitutes a public nuisance as defined in this code, or that are contrary to, or in violation of, any provision or requirement of local or state law or regulation thereof, 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.
(40) Any condition, structure, building or premises that violates or fails to comply with an applicable condition, approval, agreement, or permit.
(a) Any dangerous building, unsafe building, unsafe structure, substandard building, or substandard property as defined by the Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, California Building Code, or California Residential Code, as adopted and amended by the Menifee Municipal Code, or any other applicable law, standards, or regulation.
(b) 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 Health and Safety Code section 17920.3, and any future amendments thereto.
(c) Any condition, use, or activity that constitutes a public nuisance as defined by statute, regulation, or ordinance including Civil Code sections 3479 or 3480, and any future amendments thereto or decision, ruling, or opinion declaring a public nuisance.
(Ord. 2018-254, passed 12-5-2018)