Chapter 8.20 NUISANCES GENERALLY

It is declared to be in the public interest to promote the health, safety and welfare of the residents of the city by providing a summary procedure for the abatement of nuisances, which abatement procedures shall be in addition to all other proceedings by this code or otherwise by law.

(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.010)

8.20.020 Definitions.

For the purpose of this chapter the following words and phrases shall have the meaning given in this chapter:

"Abandoned vehicle" means any vehicle which has been left on private property or public property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded; except, if such vehicle is stored as provided in Section 8.20.030(P)(5)(d) of this chapter.

"Abatement" means the demolition, removal, repair, rehabilitation, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.

"Attractive nuisance" means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to: (1) abandoned and/or broken equipment; (2) hazardous pools, ponds, culverts, excavations; (3) neglected machinery; and, (4) dangerous structures.

“Building” means any structure including, but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobilehome, or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or other establishment, warehouse, kiosk, or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.

“Code enforcement officer” means the code enforcement officer for the city.

“Construction debris” means any discarded material from the building or destruction of structures, roads and bridges including concrete, rocks, asphalt, plasterboard, wood and other related material.

"Costs":

1. "Abatement costs" means the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce this code and any applicable federal, state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct the actual abatement of the nuisance, including lawful disposal of abandoned personal property, trash, and debris. Abatement costs include staff costs, including costs of worker's compensation benefits, fringe benefits, administrative overhead administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city. Costs also include those incurred in seeking cost recovery.

2. "Enforcement costs" means all actual and reasonable costs incurred by the city to respond to and enforce compliance with this code and any applicable federal, state, county or city public health and safety law that are not included within abatement costs. These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to this code or federal, state, or county law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of this code or federal, state or county law violations, and reasonable attorneys' fees. Enforcement costs include multiple response and similar costs as permitted by this chapter. Enforcement costs also include those incurred in seeking cost recovery.

“Excavation” means any wells, shafts, basements, cesspools, septic tanks, fish ponds, and other like or similar conditions more than six inches in diameter and eighteen (18) inches in depth.

"Foul" means very offensive to the senses.

"Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance.

"Hazardous materials and waste" means any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the state of California as a "hazardous waste" as defined in 40 C.F.R. Section 261.33, except that for the purposes of this chapter, hazardous waste also shall include household waste as defined in 40 C.F.R.

"Hearing officer" means the individual appointed by the city manager of the city to hear the appeal on a determination of the existence of a nuisance.

"Improved surface" means any surface that resists the growth of weeds or vegetation.

"Junk" shall mean any discarded, scrapped, unusable, or wrecked object, thing, or material including but not limited to broken and discarded household furnishings, appliances, boxes, cartons, lawn maintenance equipment, broken play equipment and/or toys, and similar materials.

"Noxious" means hurtful or unwholesome.

"Odor" means any smell, scent, or fragrance.

"Owner" means any person, agent, firm or corporation having legal or equitable interest in the property.

"Person" means an individual, partnership, corporation, association or organization, or agent of any of the foregoing.

"Premises" means any lot or parcel of land upon which a building is situated, including any portion

"Property" means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.

"Public Nuisance" means one which affects at the same time an entire community, neighborhood, any considerable number of persons, or an individual although the extent of the annoyance or damage inflicted upon individuals may be unequal.

"Public View" means within normal visual range by a person within the public right-of-way such as a public street or public sidewalk.

“Refuse” means any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.

“Responsible party” shall have the same meaning as set forth in Section 1.04.010.

"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

"Unmerchantable" means unsalable.

"Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.

“Violator” means any responsible party.

“Waste matter” means any rubbish or construction material.

“Weeds” means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.

(Ord. 608-24 §§ 4 and 5, 2024; Ord. 551 § 3, 2019; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.020)

8.20.030 Declaration of nuisance.

It is unlawful and is declared a nuisance for any person owning, leasing, renting, occupying, charged with the management of or having charge or possession of any property in the city to maintain or fail to maintain the property in such a manner that any of the following conditions are present:

A. To maintain property containing an unsafe building or structure as defined in Section 203 of the Uniform Building Code as adopted and in force within the city.

B. To maintain any building or structure in a condition such that it would constitute a "dangerous building" as defined in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or as prepared by the International Conference of Building Officials and adopted in force within the city.

C. To maintain any building or structure in a condition that would constitute a substandard building as defined in Chapter 10 of the Uniform Housing Code.

D. To abandon or permanently vacate, or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use.

E. To maintain property containing attractive nuisances in the form of:

1. Abandoned or broken equipment or machinery, other than implements of husbandry kept on a lot in the R-R, R-A, or A-I zone which are stored as provided for in Section of this chapter.

2. Unfenced or otherwise unprotected wells, swimming pools, spas, ponds or excavations.

F. To maintain property, including any sidewalks and parkways adjacent thereto, containing weeds, dry grasses, dead trees, dead shrubs or any other material which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees, or shrubs, including but not limited to sagebrush, chaparral, and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blow onto adjoining property by prevailing winds; except, as otherwise exempted by Chapter 8.32 of this code.

G. To maintain property containing refuse, rubbish, broken or discarded furniture or household equipment visible from Public View: This includes, but is not limited to, the keeping of or disposing of or the scattering over the property or premises of any of the following:

1. Junk, trash or debris;

2. Abandoned or discarded objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, boxes or other containers.

H. To maintain property containing stagnant water, refuse, rubbish, garbage, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person(s), or which may cause or attract the migration of insects.

I. To maintain premises with garbage or trash containers stored in front yard setback and visible from the public right-of-way, except when in places of collection, not to exceed twenty-four (24) hours prior to collection and twenty-four (24) hours after collection.

J. To operate or maintain, any device, instrument, vehicle or machinery in such a manner as to create loud or unusual noise, cause vibrations, or unreasonable light spillage or glare which cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of the public or of any person using or occupying other property in the vicinity.

K. The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises or onto any city property, storm drain, gutter, or public right-ofway.

L. To maintain property in such a manner as to cause a hazard to the public by obscuring visibility of or at any public right-of-way, road intersection or pedestrian walkway.

M. To maintain any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of buildings.

N. To maintain property in such condition as to create a detriment or hazard to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

O. To allow or perform the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway or easement visible from Public View. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment which belong to the person residing on the property, and which is performed inside an enclosed structure such as a garage or which is performed outside but is not visible for longer than seventy-two (72) consecutive hours.

P. To maintain any property or structure in such a manner as to cause or allow the property or structure to become defective, unsightly or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values of, or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the city. This includes but is not limited to any of the following:

1. Any improvement on the property, including but not limited to buildings, garages, carports, or roofs or gutters which the condition of the patio, stucco, siding, other exterior coating, has become so deteriorated as to permit decay, weathered woodwork, peeling paint, excessive checking, cracking, broken windows or warping so as to render the building unsightly and in a state of disrepair.

2. Building or structures which are abandoned, boarded up, partially destroyed, or left in a state of partial construction or repair for an unreasonable time; a period of ninety (90) days shall serve as a guide in determining whether an unreasonable time has gone by. Boarded-up structures / properties shall be done so, with material(s) which match existing paint color of the structure, so as to diminish its effect on surrounding properties by causing diminution to property values or become an attractive nuisance to minors or vagrants.

3. Maintenance of property containing abandoned or broken equipment or machinery, visible from Public View.

4. Property with excessive trash and debris, that is visible from Public View.

5. Property which is not in compliance with the following minimum standard requirements:

a. Front and visible side yards, except for lots in the R-R, R-A, and A-I zones, one acre or larger, shall be landscaped (except for improved surfaces including but not limited to walks and driveways) with ground cover, plant material, decorative rock, redwood bark and/or lawn, so as to prevent excessive dust, accumulation of debris, or depreciated values of adjacent properties. Lots in the R-R, R-A, and A-I zones, five acres or larger, shall comply with the provisions of Chapter 8.32 of this code relating to the abatement of seasonal and recurrent weeds. Trees and shrubs shall not be planted in public right-of-way easements.

b. In all zones, trees, shrubs, lawns, landscaping, and other plantings shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns, in conformity with the surrounding vicinity. Property_shall also comply with the weed abatement standards in Chapter 8.32 of this code; and, in any case, abate dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values.

c. All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored and in accordance with 10.44.020 of this, Murrieta Municipal Code, as adopted by the city; none of the above shall be occupied for the purpose of human habitation; nor shall any person sleep in, inhabit, or live in any such vehicle while the same is parked in the public right-of-way or on private property; nor shall extension cords, electrical cords, or any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to such vehicle for the purpose of maintaining human habitation. No extension cords, electrical cords, or any type of power cords and/or hoses extending between any such vehicle to a permanent structure or electrical source for the purpose of receiving power and/or charging such a vehicle shall extend over the side walk or any public right-of-way.

d. Abandoned, dismantled, wrecked, inoperative vehicles, or parts thereof, on private property shall be stored or located in such a manner, so that no part is visible to public view; up to the number of such vehicles allowed in accordance with the following provisions:

i. Parcels one-half to one acre in size: Two vehicles allowed.

ii. Parcels from one to three acres in size: Three vehicles allowed.

iii. Parcels from three to five acres in size: Four vehicles allowed.

iv. Parcels from five to ten acres in size: Five vehicles allowed.

Such vehicles shall be completely screened from public view by a solid fence, vegetation, topography or any combination thereof. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law commencing with Section 22650 of the California Vehicle Code and may be subject to the abatement procedure contained within Chapter 10.40 of this code.

e. Walkways on private property, driveways and other improved surfaces shall be maintained in good repair free from unsightly stains and in safe condition, free from accumulation of pooled oil or grease or other hazardous material on paved or unpaved surfaces, buildings, walls, or fences. Parking lots shall be free of pot holes and/or cracks that can cause injury and/or damage to individuals and/or vehicles and parking space striping and handicapped markings shall be maintained in good condition.

f. Buildings, structures, sidewalks and driveways shall be free of graffiti.

g. Property shall be free from infestation of termites, insects, vermin or rodents.

h. Improved property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage.

i. Interiors of all buildings shall be maintained in good repair, sanitary condition and in compliance with all applicable building codes.

j. Swimming pools, ponds, or other bodies of water shall be filtered or maintained so as to not result in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature or location, constitutes an unhealthy or unsafe condition.

Q. To maintain residentially-zoned property by storing or permitting the storage of household items customarily used in the interior of a dwelling, equipment, construction materials or machinery in any front yard setback or driveway area. (This prohibition shall not apply to parcels in the R-R, R-A, A-I zones, wherein the equipment, materials, or machinery is in conjunction with an approved use on a specific lot; or, is in conjunction with a farming or agricultural use, such as implements of husbandry.)

R. To store or place equipment, construction materials or machinery upon public property or public right-of-way (this prohibition shall not apply to otherwise permissible parking of vehicles, nor to permitted temporary placements such as for purposes of loading or unloading a vehicle or for permitted waste collections, or for authorized public equipment or vehicles during necessary work or repairs, or similar authorized uses). Any play equipment, skateboard/bicycle ramp, portable basketball hoop, sport(s) equipment, construction equipment/material(s), outdoor furniture, object or condition which encroaches into, over, or upon any public right-of-way; including but not limited to streets, alleys, parkways, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel, shall constitute a public nuisance and a violation of this code.

S. To maintain, place, or otherwise display upon any fence, wall, tree, bush, or any other structure or portion thereof, any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothes line facility. (For the purpose of this section, the placement of clothes line(s) shall be prohibited within any front yard areas.)

T. The maintenance of premises so out of harmony or conformity with the maintenance standards of abutting or adjacent properties in the surrounding vicinity, as to cause substantial diminution of the enjoyment, use, or property values of such surrounding properties.

U. Garage sales. Property owners may have up to four garage sales per calendar year. Each garage sale is permitted to be no longer than 3 consecutive days in length. No signage is allowed to be placed on any utility poles, stop signs, landscape areas, mailboxes, or on public property. Once the garage sale is over, all remaining items must be stored or discarded properly and placed out of Public View.

(Ord. 551 § 4, 2019; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.030)

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