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As used in this chapter:
A. ABATE. To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in his or her judgement determines is necessary in the interest of the general health, safety and welfare of the community.
B. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
C. CITY MANAGER. The
City Manager
and his/her designees.
D. INOPERATIVE VEHICLE. A vehicle in such condition that it either physically or legally cannot be driven upon a street without:
1. Installation of a missing part;
2. Replacement of a defective part; or
3. Registration and licensing.
E. JUNK. Any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material.
F. MAJOR REPAIRS. Pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair and painting, dismantling, and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair.
G. MINOR REPAIRS. Routine maintenance such as changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair.
H. OWNER. Any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.
I. PERSON. Any individual, partnership, corporation, association or other organization, however formed.
J. PROPERTY. All real property, including, but not limited to, the entire premises, parking lots, sidewalks, gutter, driveways, walkways and shall include any building and structure located on such property.
K. REGISTERED/REGISTRATION. a current valid California Registration for a vehicle conforming to California Vehicle Code Sections 4000 or 9840 et seq. for boats.
L. RIGHT-OF-WAY. All or any part of a pedestrian, equestrian or bicycle trail, sidewalk, road, alley, street or highway, used by the general public.
M. STREET. The full width or the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the city system of streets, including streets forming a part of the state highway system. “Street” also includes easements where the city is the grantee of the easement and property owned by the city of Pinole or the redevelopment agency of the city of Pinole.
N. VEHICLE. Unless separately defined, a device by which any person or property may be propelled, moved or drawn upon a highway, road, body of water or in the air, and for purposes of this chapter shall include, but not be limited to, automobiles, recreational vehicles, campers, boats, motorcycles, trailers, mopeds, watercraft and aircraft. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions which are visible from the street or right- of-way are found to exist thereon, except as may be allowed by this code.
A. Unlawful Outdoor Storage:
1. The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to the health or safety of any person or renders any premises unsightly and detrimental to the general public welfare.
Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation and/or conditional use permit,
2. The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street or right-of-way,
3. Attractive nuisances visible from a public street, or right-of-way, dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in Penal Code Section 402(b) and Health and Safety Code § 11570,
4. Materials or other items stacked in a manner as to be visible from the street or right-of-way above any fence. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable zoning designation and/or conditional use permit,
5. The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street or sidewalk,
6. Materials stored or stacked on commercial or industrial property in a disorderly manner in view of the street or right-of-way in zoning districts where outdoor storage is permitted,
7. Boats, trailers, recreation vehicles, commercial vehicles, unmounted camper shells or cab-over campers, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair in locations which are visible from the street or right-of-way,
8. Unmounted camper shells or cab-over campers which are left in front yards, driveways, sideyards, sidewalks or walkways and are visible from the street or right- of-way,
9. Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property for a period of longer than seventy-two hours and visible from the street or right-of-way,
10. Clotheslines or clothes hanging in front yards, sideyards, porches or balconies, and visible from the street or right-of-way adjacent to or across from, the front yard,
11. The storage of firewood or other flammable materials used for heating purposes in excess of standards relating to the safe storage of combustible materials as determined by the city fire department and the Uniform Fire Code. In no circumstance may there be stored more than two cords of wood on any residential parcel within the city.
12. Maintenance of any premises so as to constitute a fire hazard or a harbor for rats, vermin, or insects by reason of wood, rank overgrowth, or an accumulation of debris or standing water, whether the same be a causative or only a contributive factor, or which causes detriment to neighborhood properties or property values;
B. Landscaping/Vegetation:
1. Dead, decayed, diseased or hazardous trees, weeds or other vegetation, dangerous to public safety and welfare,
2. Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties growing into the right-of-way, obstructing the necessary view of drivers on public streets or private driveways and visible from the street,
3. Failure to comply with the requirements set forth in any city zoning approval or permit applicable to the premises,
4. Maintaining or managing, or failing to maintain or manage, slopes, debris, erosion, erosion protection structures or the growth of vegetation, including trees, shrubs, weeds, and ornamental flowers and plants, in such a manner as to restrict or inhibit the flow of waters, including storm and flood waters, in any natural stream or creek bed,
5. The maintenance of street trees as the same are defined in Section 12.16.050 of this code, or of bushes or shrubs in such a manner that the branches of the trees, bushes or shrubs restrict or impede access to or public use of adjacent sidewalks or streets; obstruct official traffic control devices, including traffic signs and signals, or prevent access by city street sweepers to clean the streets;
C. Trash, Litter, Trimmings, Oil and Debris:
1. The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutter, driveways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of the property,
2. Pooled oil, water, or other liquid accumulation, flowing onto the street or right-of-way, or excessive accumulations of grease or oil on paved surfaces;
D. Trash Containers:
1. Trash, garbage or refuse cans, bins, boxes or other such containers stored in view of the street, except on normal trash pick-up days. Nothing in this section shall be construed as prohibiting the outdoor storage of any type of trash receptacle if the receptacle is screened from view from the street or right-of-way in a manner approved by the City Manager,
2. Any property without regular and adequate trash pick-up service,
3. Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris;
4. Excluding emergency repairs, it is prohibited to use tarps for roof and building repairs for a period longer than fifteen days. Additionally, the use of tarps for vehicle covers, or temporary canopies, enclosures, and/or awnings is prohibited in any outdoor area visible from the public right of way for a period longer than fifteen days.
E. Buildings and Structures:
1. Buildings or other structures which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction for an unreasonable period of time, buildings or other structures subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued, and such buildings or other structures which are unpainted or where the paint on the building exterior is cracking, peeling, chalking or mostly worn off, or where the roof is in the state of disrepair,
2. Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief,
3. Awnings, covers, canopies, umbrellas, screens or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or in some other state of disrepair;
F. Fences and Gates:
1. Fences or other structures on private property abutting, fronting upon, or visible from any public street, or right-of-way, which is sagging, leaning, fallen, decayed, extending into the right-of-way or other dilapidated or unsafe condition;
For amended graffiti regulations, see Sections 8.24.300 et seq.
For amended vehicle regulations, see Section 8.24.035.
G. Parking Strips: Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, commonly known as a “parking strip.”
This section is intended to supplement and not conflict with the provisions of Chapter 22, Division 7, Part 3 of the Streets and Highways Code, entitled “Maintenance of Sidewalks”; and any city sidewalk repair program;
H. Uniform Code Violations:
1. The maintenance or tolerance of any building or condition that violates the Uniform Building, Electrical, Plumbing, Mechanical, Fire, Abatement of Dangerous Buildings, or Uniform Housing Codes as adopted by the city, or which violate any provision of state or federal law relating to health, safety, and/or environmental protection or any local ordinance, resolution, approval, permit, agreement, rule or regulation. Buildings in existence at the time of the adoption of the ordinance codified in this chapter may have their existing use of occupancy continued, if such use or occupancy was legal at the time of adoption of the codes they were constructed under, provided such continued use is not dangerous to life;
I. Miscellaneous:
1. Maintenance of night security lighting that adversely affects the darkness within bedroom, or living room windows of a neighboring property,
2. Any encroachment on a public street or rightof-way for which no encroachment permit has been issued, any fence, wall or other permanent structure which has been erected in violation of this code and which encroaches upon a right-of-way,
3. Maintenance for a period of six months or longer of any on-site sign, including its supporting structure or structures, which is so disfigured or obsolete that it no longer identifies the current occupancy of the premises upon which such sign is located or otherwise fails to serve its intended purpose,
4. Maintenance of any unsafe or insecure sign or supporting structure(s) thereof or of any sign or supporting structure which is damaged to the point of presenting a possible safety hazard,
5. Any violation of any provision of the Pinole Municipal Code,
6. Any violation of any provisions of residential or commercial covenants, conditions and restrictions (CC&Rs) which by their terms are enforceable by the city,
7. Any other condition recognized in law or in equity as constituting a public nuisance,
8. Any other condition or use of property which gives rise to a reasonable determination that the condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. (Ord. 2004-10, § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Findings.
1. These regulations are adopted to regulate garage sales in order to advance the substantial governmental interest in protecting the public health, safety and welfare. The regulations have been drafted to directly advance that interest in the narrowest fashion.
2. The intent of this section is to eliminate perpetual, prolonged and extended garage and yard sales. Perpetual, prolonged and extended garage sales have been found to detract from the character of the city by congesting traffic circulation and parking, inconveniencing neighbors, and creating aesthetic degradation through visual clutter. Businesses lawfully operating within the city comply with numerous city, county, state, and federal statutes and regulations applicable to businesses; thus, the non-regulation of perpetual, prolonged and extended garage sales provides an unfair business advantage.
3. Garage sale signs have certain deleterious effects specific to this form of commercial advertising. Garage sale signs create traffic safety problems by causing driver distractions. Garage sale signs undermine neighborhood aesthetics by creating visual clutter. Garage sale signs create a public nuisance that must be abated through expenditures of public funds to remove abandoned signs.
B. Definitions.
GARAGE SALE.
A yard sale, patio sale, garage sale, or any similar sale of merchandise consisting of personal items, by an individual or group, for profit, when the merchandise to be sold is offered to the general public, all of which sales shall be conducted within a building and/or on private property.
C. Time, place and manner restrictions.
1. Garage sales shall be limited to four per calendar year, of a duration not longer than two consecutive days, or one garage sale per calendar year for a duration of not more than seven days, on the same residentially zoned parcel in any one calendar year.
2. Such garage sales shall not be conducted before seven a.m. or after seven p.m.
3. Garage sales be conducted on private property and shall not be permitted on public sidewalks, alleys, streets or other public rights-of-way.
D. Signs. Signs advertising a garage sale may be placed or erected at any location where otherwise legally permissible, subject to the following conditions:
1. No such sign shall exceed four square feet in area;
2. No such sign shall be displayed more than twenty-four hours prior to, nor more than 24 hours following, the event advertised thereon.
3. All signs posted pursuant to this section shall specify on the face of such sign the dates of the garage sale advertised.
E. Enforcement.
1. Every person who, for himself or herself or as an agent of another, commences, engages in, conducts or carries on any garage sale in violation of this section shall be prosecuted for an infraction for a first offense; second and subsequent offenses within one year may be prosecuted as an infraction or misdemeanor.
2. Additionally, any violation of this section shall be declared a public nuisance.
3. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. Additionally, the remedies of this section shall not limit the City nor any person from seeking any other legal remedy available by law, including but not limited to an action for private or public nuisance and any remedy found elsewhere in this Code. (Ord. 2004-10 § 2(part), 2004)
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any private property in the city to use, maintain or allow to be maintained such property for any purposes so as to create any of the following conditions on adjacent or contiguous public property, except as may be allowed by this code:
A. Outdoor Storage, Operations or Encroachment:
1. The tracking of mud, dirt, sand, gravel, and concrete onto the street or right-of-way,
2. The spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or right-of-way,
3. Vehicles and/or other materials associated with business activity stored on the street or in the right-of-way;
B. Miscellaneous: Any other condition or use of property which gives rise to a reasonable determination that the effect of the use or condition on adjacent public property represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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