(A) Substandard buildings specified. Any building or structure, or any portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following conditions to the extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and is declared to be a substandard building and a public nuisance.
(1) Inadequate sanitation. Inadequate sanitation shall include, but not be limited to, the following:
(a) Lack of, or improper, water closet, lavatory, bathtub, or shower in a dwelling unit, lodging house, or congregate residence;
(b) Lack of, or improper, water closets, lavatories, and bath tubs, or showers per number of guests in a hotel;
(c) Lack of, or improper, kitchen sink;
(d) Lack of hot and cold running water to plumbing fixtures in a dwelling unit, lodging house, hotel, or congregate residence;
(e) Lack of adequate heating facilities;
(f) Lack of, or improper operation of, required ventilating equipment;
(g) Lack of minimum amounts of natural light and ventilation required by the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city;
(h) Room and space dimension less than required by the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration or conversion;
(i) Lack of required electrical lighting;
(j) Dampness of habitable rooms;
(k) Infestation of insects, vermin, or rodents as determined by the enforcement officer;
(l) General dilapidation or improper maintenance;
(m) Lack of connection to required sewage disposal system; and
(n) Lack of adequate garbage and rubbish storage and removal facilities as determined by the enforcement officer.
(2) Structural hazards. Structural hazards shall include, but not be limited to, the following:
(a) Deteriorated or inadequate foundations;
(b) Defective or deteriorated flooring or floor supports;
(c) Flooring or floor supports of insufficient size to carry imposed loads with safety;
(d) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;
(e) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;
(f) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that sag, split, or buckle due to defective material or deterioration;
(g) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;
(h) Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration; and
(i) Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.
(3) Nuisances. Any nuisance as defined in this code, state law, or common law.
(4) Hazardous wiring. Hazardous wiring includes all wiring not installed, maintained or used in conformance with the Red Bluff Municipal Code, the California Building Code, the California Electrical Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and is being used in a safe manner.
(5) Hazardous plumbing. Hazardous plumbing includes all plumbing not installed, maintained or used in conformance with the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous plumbing shall not include plumbing that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and that is free of cross-connections and siphonage between fixtures.
(6) Hazardous mechanical equipment. Hazardous mechanical equipment includes all mechanical equipment, including vents, not installed, maintained or used in conformance with the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous mechanical equipment shall not include mechanical equipment that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and is being used in a safe manner.
(7) Faulty weather protection. Faulty weather protection, which shall include, but not be limited to, the following:
(a) Deteriorated, crumbling or loose plaster;
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering; and
(d) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(8) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the building official or Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause, shall be deemed to be a fire hazard.
(9) Faulty materials of construction. Faulty materials of construction shall include all materials of construction except those that are specifically allowed or approved by Red Bluff Municipal Code, the California Building Code, and any other code adopted by the city, and that have been adequately maintained in good and safe condition.
(10) Hazardous or unsanitary properties. Hazardous or unsanitary properties shall include those properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions that, in the opinion of city officials or the health officer, constitute fire, health or safety hazards.
(11) Unsafe building. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Red Bluff Municipal Code, the California Building Code, the California Fire Code or any other code adopted by the city.
(12) Inadequate exits.
(a) Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Red Bluff Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law, or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(b) When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.
(13) Inadequate fire-protection or fire-fighting equipment. Inadequate fire-protection or fire-fighting equipment includes all buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Red Bluff Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(14) Improper occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies.
(15) Inadequate structural resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building that conformed with all applicable laws at the time of its construction and that has been adequately maintained in a good and safe condition and is being used in a safe manner.
(B) Public nuisances specified. It is declared a public nuisance for any person owning, leasing, subleasing, occupying, or having charge or possession of any property in this city to maintain such property in such a manner that any one or more of the following conditions or activities are found to exist.
(1) The keeping, storage, depositing, or accumulation on the property of any personal property that is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. For purposes of this section, PERSONAL PROPERTY includes, but is not limited to, junk as defined in § 15.3 of this chapter; abandoned, wrecked or dismantled automobiles; abandoned, wrecked, dismantled, or not seaworthy boats or vessels; automotive parts and equipment; appliances; furniture; containers; packing materials; scrap metal; wood; building materials; rubbish and debris. Wood and building materials being used or to be used for a project of repair or renovation for which an active building permit is in existence may be stored for such period of time as is necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the permit, the wood and building materials of any nature for the project must be immediately removed.
(2) The keeping, storage, depositing or accumulation on the property of any dead grass, weeds, brush, combustible materials, or rubbish of any kind in such a manner as to constitute a fire hazard, or any manure, dead animals, decayed vegetables, offal, or other similar matter that is in the view of persons on adjacent or nearby real property or the public right-of-way when such items constitutes visual blight, a danger to the health, safety or welfare of the public, reduces the aesthetic appearance of the neighborhood, or is offensive to the senses or is detrimental to nearby property or property values.
(3) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.
(4) The operation of a junk yard or automobile dismantling yard, except in the M-2, General Industrial district.
(5) Any dangerous, unsightly or blighted condition that is detrimental to the health, safety or welfare of the public.
(6) Any condition in violation of Chapter 4 (Animals and Fowl) of the Red Bluff Municipal Code.
(7) Any condition in violation of Chapter 8 (Fire Department) of the Red Bluff Municipal Code or in violation of the California Fire Code.
(8) Any condition in violation of Chapter 5 (Building and Construction) of the Red Bluff Municipal Code.
(9) Faulty materials of construction. Faulty materials of construction shall include all materials of construction except those that are specifically allowed or approved by Red Bluff Municipal Code, the California Building Code, and any other code adopted by the city, and that have been adequately maintained in good and safe condition.
(10) Hazardous or unsanitary properties. Hazardous or unsanitary properties shall include those properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions that, in the opinion of city officials or the health officer, constitute fire, health or safety hazards.
(11) Unsafe building. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Red Bluff Municipal Code, the California Building Code, the California Fire Code or any other code adopted by the city.
(12) Inadequate exits.
(a) Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Red Bluff Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law, or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(b) When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.
(13) Inadequate fire-protection or fire-fighting equipment. Inadequate fire-protection or fire-fighting equipment includes all buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems, or equipment required by the Red Bluff Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(14) Improper occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies.
(15) Inadequate structural resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Red Bluff Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building that conformed with all applicable laws at the time of its construction and that has been adequately maintained in a good and safe condition and is being used in a safe manner.
(C) Blighted property. Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter:
(1) Abandoned building or structure.
(a) A building or structure that is not inhabited, occupied or used, and is unsecured. For purposes of this section, a building or structure is unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner.
(b) A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned.
(2) Attractive nuisance. Property which is in an unsecured state to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
(3) A building or structure that is in a state of disrepair.
(a) Exterior wall and/or roof coverings that have deteriorated and do not provide adequate weather protection.
(b) Broken or missing windows or doors that constitute a hazardous condition or a potential attraction to trespassers.
(c) Building exteriors, walls, fences, and retaining walls that are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; and driveways or walkways that are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to public safety. For purposes of this section, defacing includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti."
(d) Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.
(4) Property inadequately maintained.
(a) Overgrown, diseased, dead or decayed trees, weeds, or other vegetation that:
1. Constitute a fire hazard, or a condition considered dangerous to the public health, safety and general welfare;
2. Are likely to harbor rats, vermin, and other nuisances; or
3. Detract from the property values of neighboring properties.
(b) Landscaping that is not installed or maintained as required by this code or any permit issued pursuant to this code.
(c) Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this section, solid waste means all putrescible and non-putrescible solid and semisolid waste material including without limitation garbage, rubbish, demolition and construction wastes, industrial wastes, vegetable, and animal solid and semisolid wastes, reusable or recyclable material, bulky goods, and other discarded solid and semisolid wastes.
(d) Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial, or industrial buildings.
(e) Any swimming pool that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For purposes of this section, POLLUTED WATER means water which contains bacterial growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or material constitutes an unhealthy or unsafe condition or water which is defined as POLLUTED WATER or other similar term under state or federal law.
(5) Property that creates a dangerous condition.
(a) Land having a topography, geology or configuration which, as a result of grading operations or improvements to such land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.
(b) Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include without limitation vehicles, landscaping, fencing and signs.
(c) Conditions that due to their accessibility to the public may prove hazardous or dangerous, including without limitation:
1. Unused and broken equipment;
2. Abandoned wells, shafts or basements;
3. Hazardous or unprotected pools, ponds, or excavations with barriers and/or fences that are dilapidated and unsafe;
4. Structurally unsound fences, walls or structures;
5. Machinery that is inadequately secured or protected;
6. Lumber, trash, fences, solid waste or debris that may prove a hazard for the public. For purposes of this section, solid waste is defined as set forth in division (C)((4)(c) of this section;
7. Storing or keeping chemicals, gasoline, motor oil, or other substances that may prove a hazard to the public.
(6) Signage conditions.
(a) Signs that have not been maintained or are in a state of disrepair for a period of more than 30 days, including without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, or signs out of plumb.
(b) Signs that are unsafe, dangerous to the public, or a hazard to traffic.
(c) Illegal signs.
(d) Abandoned signs as defined in Section 8 of the City of Red Bluff Sign Regulations.
(e) Defaced signs. For purposes of this section, defacing includes without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.
(7) Parking, storing, or maintaining of the following items in areas zoned for residential uses or zoned unclassified and designated by the Red Bluff General Plan as residential:
(a) Any airplane or other aircraft, or any parts thereof, in the front yard. Airplane or other aircraft, or any parts thereof, may be stored in the side or back yards if such items are concealed by a fence.
(b) Any construction equipment, machinery, vehicles or material except as follows:
1. Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid.
2. Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery or other similar means.
(c) Any commercial equipment, machinery, vehicles, or material not authorized by a valid city permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property or property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid city permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are screened by a fence, shrubbery, or other similar means.
(d) Special mobile equipment as defined in § 575 of the California Vehicle Code or a utility trailer or boat and/or boat trailer for a period of time in excess of 72 consecutive hours in front yard areas or in side yard or rear yard areas not screened by a fence, shrubbery or similar means.
1. Any parking, keeping or storing of such items in the side yard or rear yard area shall be either in an accessory building constructed, located, and used in accordance with the provisions of this code or in an area concealed by a fence, shrubbery, or other similar means.
2. No such item shall be parked, stored or kept within five feet of any required exit, including exit windows.
3. For purposes of this section, an item is unlawfully parked, kept or stored in any area for a period of time in excess of 72 consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of 72 consecutive hours, or the item has been parked, kept or stored during the intervening period of time upon any public street.
(e) Any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period in excess of 72 consecutive hours. For purposes of this section, an item is unlawfully kept or stored in any area for a period in excess of 72 consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of 72 consecutive hours, or the item has been parked, kept or stored during the intervening period of time upon any public street. This section does not prohibit the following:
1. Machinery installed in the rear setback areas for household or recreational use.
2. Furniture designed and used for outdoor activities.
3. Any item stored or kept within an enclosed storage structure or unit. For this section, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.
(f) Storing or keeping packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this code for the purposes of construction, in any areas visible from public property or neighboring properties for a period in excess of 72 consecutive hours. For purposes of this section, solid waste is defined as set forth in division (C)(4)(c) of this section. For purposes of this section, an item is unlawfully kept or stored in any area for a period in excess of 72 consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of 72 consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street.
(8) Permit requirement. Any use which does not have all permits pursuant to Chapter 5: Construction Regulations of this code or where such permits have lapsed or been revoked or where such use is not in compliance with such permits.
(9) General conditions.
(a) Any condition that is detrimental to the public health, safety or general welfare, or that constitutes a nuisance under any other city ordinance, state law or common law.
(10) Exceptions. This chapter shall not prohibit the following:
(a) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(b) A vehicle or part thereof that is stored or parked in a lawful manner on private property on which is conducted the business of a licensed dismantler, licensed vehicle dealer, or a junkyard which is a legal nonconforming use. This exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.
(Ord. 1074, passed 7-18-2023)