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(A) It is unlawful for any person, corporation, or other entity owning, leasing, occupying or having charge or possession of any property in this city, whether commercial, industrial or residential, to keep, maintain or deposit, on the property any public nuisance, described as follows:
(1) Any condition as described in the Uniform Code for the Abatement of Dangerous Buildings. Reference to that code is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provision of that Uniform Code.
(2) Any condition as described in the Uniform Fire Code. Reference to that code is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provision of that Uniform Code, or any other code.
(3) Any building or structure which has been abandoned for a period in excess of two months, such that it constitutes an attractive nuisance or hazard to the public, or which has been so damaged by fire, wind, earthquake, flood, neglect or which has become so dilapidated or deteriorated as to:
(a) Become an attractive nuisance to children;
(b) Become a harbor for a person or persons appearing to engage or engaging in criminal activity; or
(c) Enable persons to resort thereto or utilize the property for the purpose of acts threatening safety of oneself, other persons, or the property.
(4) Gasoline service stations which are not in operation and are boarded up, abandoned, or have removed dirt and other materials from the ground and left open excavations, even if the open excavations have been fenced, for a period of 60 days, unless the station has sought and received remediation plans from a local, state or federal agency relative to the management of hazardous or toxic waste and the actions are pursuant to the remediation plan.
(5) Any building or structure which, because of obsolescence, dilapidated conditions, deterioration, damage, unsafe electrical wiring, unsafe gas connections, or other causes, is in such a condition as to constitute a fire hazard.
(6) Where there is any unauthorized accumulation of lumber, junk, garbage, trash, debris, or salvage materials over and above the required receptacles or other approved containers, or otherwise in violation of this code and which are visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant. JUNK consists of any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, stored, unusable, worn-out, or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiberglass, metal, paper, piles of earth, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance.
(7) Where there is abandoned or unused furniture, appliances, sinks, toilets, cabinets or other fixtures, or equipment stored in a place and which is visible from public or private property when the observer is standing in a normal or customary place from which to observe, or which is found when observed during an inspection pursuant to a warrant. This section does not prohibit authorized commercial storage and display of products and/or goods.
(8) Where there is an attractive nuisance to children, including but not limited to, appliances, equipment, machinery, unenclosed pools or ponds, vehicles, uncapped wells or excavations which may be hazardous to children.
(9) Property with dead, decayed, diseased or hazardous trees, weeds, overgrown vegetation, any of the items described herein by divisions (6), (7) or (8), which is likely to harbor rats, vermin or other pests, or protrudes over or across a city street or sidewalk so as to substantially obstruct the clear passage of vehicles or pedestrians, or which impairs safe sight distances for the operation of motor vehicles, or otherwise constitutes a blight to the neighborhood.
(10) Vehicles which are parked upon or protrude over or across a city street, sidewalk, or right of way so as to substantially obstruct the clear passage of vehicles or pedestrians or impair safe sight distances for the operation of other vehicles.
(11) Any vehicle parked or stored upon a yard or unimproved surface in a residentially zoned district.
(12) Where any pooled oil, hazardous or toxic waste substances, or processed water are stored or accumulated in any unapproved container or are in violation of any federal, state, county or city statute; or when any such substance heretofore mentioned is allowed to flow onto a public right-of-way, storm drain, or onto or into any public improvement; or where excessive accumulation of grease or oil on paved surfaces, buildings, walls, fences or other structures has occurred.
(13) Any unpermitted obstruction of or encroachment on public property, including, but not limited to, any public street, highway, sidewalk, curb, gutter, park, building or any other public improvement.
(14) Any abandoned, inoperative, wrecked or dismantled vehicle as specified in §§ 72.04 through 72.07 of this code. Reference to those sections is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provision of those sections, or any other code or statute.
(15) Any building or structure that is marked or defaced with spray paint, dye, or like substance in a manner commonly described as GRAFFITI consistent with the term GRAFFITI and which is visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant. This chapter is not the only regulation regarding the enforcement of anti-graffiti regulations in the City of San Joaquin. The city may pursue with enforcement options as authorized by state law.
(16) Any building or structure that is maintained with broken or cracked exterior windows or doors which are visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant if the condition exists for more than 30 days.
(17) Vacant lots not maintained free of weeds, trash, clutter, litter, junk, discarded vehicles or vehicle parts, or which have become a parking area resulting in dirt/mud tracking onto the public right-of-way.
(18) The occurrence of excessive noise, as defined herein. EXCESSIVE NOISE is that noise or sound emanating from any property which is loud, unusual or unnecessary and which disturbs the peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. EXCESSIVE NOISE includes the use or operation of any radio receiving set, television set, musical instrument, phonograph or stereo, or any other machine or device which produces or reproduces sound in such a manner as to unreasonably disturb the peace, quiet and comfort of neighboring residents. EXCESSIVE NOISE also includes the sound, cry, bark or other vocal behavior of any animal or fowl that is kept or maintained, or allowed to be kept or maintained, on any property and which causes two or more persons from residences to complain.
(19) Any condition recognized in law or in equity constituting a public nuisance.
(20) Any violation of the State Housing Code. It is unlawful for any person(s) to occupy a dwelling in violation of the State Housing Code regarding the maximum number of occupants allowable for the dwelling.
(21) Any violation of the city's zoning ordinance.
(22) Any violation of a City Code provision which deems certain activities or conditions a public nuisance.
(23) Any conduct or condition as described in §§ 93.40 through 93.49 of this code. Reference to those code sections is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provision of those code sections, or any other code. The provisions of those code sections shall remain in full force and effect.
(B) In addition, the following special noise regulations shall constitute nuisances whenever they occur between the hours of 10 p.m. and 6 a.m. the next morning. This limitation shall extend until 8 a.m. on Sunday mornings.
(1) Noise from construction activities. It is unlawful for any person within 500 from any occupied residence to operate equipment or perform any out-of-doors construction or repair work on any building, structure or other building or repair project.
(2) Noise from commercial activities. It is unlawful for any person within 500 feet from any occupied residence to operate equipment, including, but not limited to parking lot cleaning and sweeping machines, leaf blowers, and mowing machines. This section does not prohibit the loading or unloading of commercial vehicles.
(3) Noise from vehicles. It is unlawful for any person to violate any section of the Cal. Vehicle Code as to the use of an automobile horn.
(Ord. 08-106, passed 10-8-2008) Penalty, see § 97.99