(A) Activities prohibited by Cal. Penal Code, Part 1, Title 10, §§ 370 and 371 and Cal. Penal Code §§ 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.
(B) It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:
(1) Any condition recognized in law or equity as constituting a public nuisance;
(2) Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
(3) Any condition that is in violation of any duly enacted ordinance of the city Code of Ordinances, or resolutions or lawful order promulgated by authorized city officials;
(4) Any condition in violation of Chapter 153 of this Code of Ordinances, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the City Council or the Planning Commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;
(5) Anything defined as a nuisance pursuant to state and federal law including but not limited to Cal. Civil Code §§ 3479 et seq.;
(6) Any condition in violation of the weed and rubbish abatement laws defined at Cal. Gov't Code §§ 39501 et seq. and §§ 39560 et seq. as enacted or hereafter amended and enforced by city ordinance and resolutions;
(7) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;
(8) Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators or excavations;
(9) Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable, non-permitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
(a) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials.
(b) Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.
(c) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof not screened from general view of the public right-of-way or neighboring properties, except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this chapter, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or non-consecutive, out of any 12-month period. Antique and classic automobiles under an active state of renovation or restoration may exceed this time limit by a written letter to the Community Development Department indicating the extent of renovation and restoration and a time line for completion of such. Under no circumstances may any automobile under active state of renovation or restoration interfere with the peaceful enjoyment of neighboring properties, including unreasonable noise, air emissions, illegal water discharges to the storm water system or other environmental factors.
(d) Stagnant water or excavations.
(e) Any personal property, object, device, decoration, design, fence, structure, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.
(f) Vehicles parked on any surface other than an improved driveway.
(10) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which 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; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project and in no case shall said storage of material exceed 30 days.
(11) The use of vehicles, motor homes, boats, trailers, campers or camper shells, similar vehicles or equipment used for sleeping or cooking purposes in areas and/or at times where and when such use is not specifically authorized under its particular zoning district designation or as otherwise delineated within the Municipal Code.
(12) Any condition of a building or structure deemed to be unsafe or that in the discretion of the Building Official or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law.
(13) Any condition of a building or portion thereof which constitutes a substandard building, as defined in Cal. Health and Safety Code § 17920.3 or its successor.
(14) Filling of an above ground or in-ground swimming pool with water prior to the final electrical safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city.
(Ord. 2008-016, passed 1-12-09)