It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the city to maintain such property in a manner that any of the following conditions are found to exist:
A. A condition that substantially detracts from the appearance of the immediate neighborhood, reduces the property value in the immediate neighborhood, as an attractive nuisance, is materially detrimental to nearby properties and improvements, is a visual blight, is offensive to the senses, or is otherwise dangerous to public health, safety or welfare is considered a public nuisance.
B. A condition that meets one or more of the following criteria and is considered a nuisance subject to abatement and cost recovery pursuant to title 1, chapter 12, "Administrative Citations", of this code.
C. The following conditions are hereby defined as and declared to be a public nuisance:
1. Abandoned Objects: Abandoned, dismantled, wrecked, inoperable, unlicensed and discarded objects, equipment or appliances such as, but not limited to: vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, cans, or containers standing or stored on property or on sidewalks or streets which can be viewed from a public street or walkway, alley, or other public property which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance.
2. Abandoned And Partial Buildings: Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the city's building official or designee, but fails to complete construction and obtain final approval from the city in accordance with applicable laws and regulations within the time period provided by the building official or designee.
3. Unsanitary Accumulations Of Garbage: Any accumulation of filth, garbage, wastepaper, litter, rubble, rubbish, combustible trash, unsanitary debris or waste material or decaying animal or vegetable matter upon any public or private property unless contained in a proper trash receptacle.
4. Unsanitary Buildings: Any buildings, structures, or portion thereof found to be unsanitary.
5. Contaminated Materials: Any matter or material which constitutes, or is contaminated by, animal or human excrement, urine or other biological fluids.
6. Growth Of Mold Or Mildew: Any visible or otherwise demonstrable growth of mold or mildew in the interior, and/or exterior of any buildings or facilities.
7. Pest Harborage Or Infestation: Any pest harborage or infestation including, but not limited to, rats, pigeons, skunks, raccoons, opossums, snakes, cockroaches, fleas, scabies, lice, spiders or other arachnids, houseflies, wasps or mosquitoes.
8. Detrimental Impacts On Neighborhood: Any premises that detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration, or decay or is unsafe for the purpose for which it is being used, or is not secured, or is improperly secured.
9. Nuisance Properties: Any other condition of property defined as a nuisance, public nuisance or private property maintenance (title 10, chapter 16 of this code) by any other section of this code.
10. Menace To Public: Any other condition on or use of property which is in fact a menace to the public peace, health, or safety.
11. Violations Of Uniform Code: Any violation of any uniform code or city amendment thereto.
12. Violations Of This Code: Any business or use of property in violation of this code.
13. Building Materials And Household Fixtures And Equipment: Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment: a) stored so as to be visible at ground level from a public street, alley or from adjoining property, or b) stored in a manner out of view but in an unsecured area accessible to minors, or c) stored in a manner as to harbor rodents, insects, or other vermin.
14. Building Residue: Residue from a fire or demolition such as concrete or brick foundations and flatwork.
15. Construction Equipment: Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.
16. Deteriorated Buildings: Buildings which have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.
17. Deteriorated Improvements: Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.
18. Hazardous Materials: Discarded putrescibles, garbage, rubbish, refuse, or recyclable items which have not been recycled within thirty (30) days of being deposited on the property which are determined by an enforcement officer to constitute a fire hazard or to be detrimental to human life, health, or safety.
19. Encroachment: The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.
20. Graffiti: Graffiti or other defacing words, letters or drawings which remain in excess of forty eight (48) hours on the exterior of any building or fence or other structure that has not been removed or covered with paint reasonably matching the structure that was defaced.
21. Hazardous Liquids And Other Substances: Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained on site in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.
22. Hazardous Pools, Ponds, And Excavations: Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes, failing to comply with state and local safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area.
23. Land Use Entitlements: The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the city in connection with the property or any improvement located thereon.
24. Storage Of Materials: Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including, but not limited to, auto parts, scrap metals, tires, other materials stored on premises in excess of seventy two (72) hours and visible from a public street, walkway, alley, or other public property.
25. Offensive Odors: Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.
26. Detrimental Materials: Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) which is determined by an enforcement officer to constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety.
27. Receptacles Left In Front Yard: Receptacles for discarded materials and recyclables which are left in the front yard following the day of the regularly scheduled refuse pick up for the property.
28. Safety Hazard: The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health or public safety.
29. Sewage: The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.
30. Signs: Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.
31. Bodies Of Water: Swimming pool, pond, spa, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, which is not securely fenced, or which is determined by the enforcement officer to be detrimental to life, health, or safety.
32. Sight Triangle: The existence within the thirty foot (30') triangle of property at the intersection of streets improved for vehicular traffic, of any tree limb, shrub, hedge, plant or fence exceeding three feet (3') in height where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians so as to create a safety hazard.
33. Fire, Panic Or Life Safety Hazards: The existence of any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder or delay the egress of occupants or response of emergency personnel.
34. Outdoor Storage Of Building Material: The storage or keeping of any used or unused building material, including, but not limited to, lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials, in a location out of doors for more than thirty (30) days within a year.
35. Vehicles Or Equipment: Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, any other commercial vehicle over twenty two feet (22') long or eight feet (8') in height or ninety inches (90") wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. "Commercial vehicle", for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.
36. Visibility Hazards: The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right of way, road intersection, pedestrian walkway, street sign, streetlight, or traffic signal. (Ord. 2016-003, 8-23-2016)