(A) It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the city to maintain such property in a manner that any of the conditions listed below are found to exist.
(B) This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction.
(C) Designated public nuisances include the following:
(1) A violation of any provision of applicable law including, without limitation, the Santa Paula Municipal Code;
(2) Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;
(3) Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction;
(4) The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;
(5) Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation;
(6) Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties;
(7) Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than 24 consecutive hours;
(8) Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code;
(9) Broken windows;
(10) Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris which:
(a) May harbor rats, vermin, or other disease carriers;
(b) Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;
(c) Creates a danger or attractive nuisance to the public;
(d) Detrimentally affects neighboring properties or property values; or
(e) Constitutes a fire hazard.
(11) Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in a condition so as to become defective, unsightly, cracked or no longer viable;
(12) The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas;
(13) Any premises upon which there is or is permitted to be:
(a) Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit;
(b) Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales;
(c) Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same;
(d) Inoperative vehicles, except where permitted by the zoning code;
(e) Deteriorated driveways and parking lots, including those containing pot holes, or cracks;
(f) Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to the abandoned or neglected conditions;
(g) Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code;
(h) Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right-of-way, except for those times scheduled for collection, in accordance with this code;
(i) Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table;
(j) Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris;
(k) Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel;
(l) Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code;
(m) Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in a condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements;
(n) Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Cal. Health and Safety Code § 17920.3.
(14) Unruly gatherings as defined by this code.
(Ord. 1072, passed 9-15-03; Am. Ord. 1163, passed 8-7-06) Penalty, see § 94.20