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In addition to any other provisions of this Code, it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge, possession, or control of any premises or property in the City to cause, permit, maintain, tolerate or allow any of the following conditions or acts to exist thereon.
(a) Hazardous obstructions. An obstacle, landscaping, or thing installed or maintained in the corner setback area reaching a height higher than two and one-half (2-1/2) feet above the adjoining top of the curb at the applicable corner of the street intersection, or two and one-half (2-1/2) feet above the nearest pavement surface where there is no curb or pavement. “Hazardous obstructions” shall not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, or trees trimmed at the trunk at least eight (8) feet above the level of the ground surface provided such trees are spaced so that trunks do not obstruct vision of the motorists;
(b) Polluted water. A swimming pool, pond, runoff water from excessive irrigation, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted or odorous or infested with mosquitoes. “Polluted” shall mean water contained in a swimming pool, pond, runoff water from excessive irrigation, or other body of water which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, or any other foreign matter or material which, because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition;
(c) Solid waste. Solid waste in any yard area visible to the general public from a public sidewalk, right-of-way, or service easement located in the front yard area of any flag lot, which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, including but not limited to the accumulation of solid waste by any person in a manner other than as specified in Chapter 2 of Title 6 of this Code. “Solid waste” shall include, but not be limited to, unused or discarded matter or material having no substantial market value and may consist of such matter and material as debris, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, packing boxes, machinery or parts thereof, scrap metals and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts thereof, trimmings from plants, trees, cans, bottles and barrels;
(e) Maintenance of property. The existence of any of the following conditions:
(1) Unpainted or unfinished buildings or portions of buildings where no major exterior repair or construction activity is under way.
(2) The exterior of any building which has a substantial portion of peeling or deteriorating paint or finishing materials.
(3) The painting of any building in a color, shade, or pattern that is substantially out of character with the color, shade, or pattern of the original color scheme or conditions of approval required by the City in that structure's development approval or by any other City issued entitlement.
(4) Dead, overgrown, or neglected lawns, ground cover, trees or shrubs on any improved property, or within one hundred and fifty feet (150) of a public right of way for unimproved property that is not open space as defined by Section 9-4.629 of this code, which is visible to the general public from a public sidewalk, right-of-way, or service easement located in the front yard area of any flag lot:
(i) Constituting unsightly appearance; or
(ii) Dangerous to the public safety and welfare.
(5) Neglected or inoperative machinery, equipment or other personal property including but not limited to, household appliances, refrigerators, washers, dryers, or furniture left and kept in any yard area.
(6) Vehicles, as defined in Section 5-10.02 of this Code, campers, trailers and other mobile equipment, parking in any inoperative condition or obvious state of disrepair in the front yard area, in a driveway, or visible while standing at ground level from a point within five (5) feet of any dwelling located on adjoining property in a residential zone.
(7) Camper shells, boats off any trailer, or non-mobile equipment/building materials (not used in connection with any ongoing work at the property) in the front yard area, or driveway of a property in a residential zone.
(8) Any repairs, dismantling or body work being made to any vehicle, as defined in Section 5-10.02 of this Code, boat, camper, camper shell, trailer or any other mobile equipment, on a driveway or in any yard areas on any residentially zoned property which activity: (i) is visible to the general public from a public sidewalk, right-of-way, or service easement; and (ii) occurs within the front yard areas of any flag lot. This subsection shall not prohibit routine maintenance of the personal property listed above, provided such routine maintenance is performed between the hours of 7:00 a.m. and 9:00 p.m. and is completed within four (4) hours.
(9) Any tent, canopy, or other temporary structure that is stretched and sustained by poles or capable of being collapsed, in any yard area visible to the general public from a public sidewalk, right-of-way, or service easement located in the front yard area of any flag lot, for a period of more than ten (10) consecutive days, or ten (10) nonconsecutive days in any thirty (30) day period, after written notice from a code enforcement officer.
(10) Yard areas exposed to the general public, or areas within the front yard of any flag lot, which yard areas do not have landscape treatment fully installed within the following time frames:
(i) For single-family detached dwellings that have not been previously occupied, within two hundred seventy (270) days of the initial occupancy of the dwelling;
(ii) For single-family detached dwellings that have been previously occupied, within ninety (90) days of the receipt of a written notice delivered to the property owner by the City Attorney, a health officer, or code enforcement officer.
(11) Clothes lines in the front yard visible to the general public from a public sidewalk, right-of-way, or service easement located in the front yard area of any flag lot.
(12) Buildings, structures, or appurtenances that are abandoned, partially destroyed, partially constructed, or incomplete, for more than ninety (90) days unless a valid un-expired permit exists for the work.
(13) Solid waste, green waste or recyclable materials containers stored in front or side yards which are exposed to the general public view.
(14) The accumulation of animal feces left un-removed after a twenty-four (24) hour notice from the City and which accumulation can be seen from the property line or which results in producing odors, or insects identifiable at the property line.
(15) Construction equipment, machinery, or other industrial or commercial equipment or machinery parked, stored, or kept in any front or side yard area of any property or premises in a residential zone, visible to the general public from a public sidewalk, right-of-way, or service easement located in the front yard area of any flag lot, except when used in conjunction with a project on the property with a valid un expired permit, or in conjunction with work that does not require a permit provided progress on such work has not ceased for more than ninety (90) days.
(16) Real property or structures including, but not limited to, yard areas, fences, hardscape features of any landscape, or building exteriors, which are left in a broken, defective or unsightly condition or in a condition of deterioration or disrepair for more than thirty (30) days after written notice from the City for those properties in any commercial or industrial zone, or, for more than ninety (90) days after written notice from the City for all other properties. This nuisance condition includes, but is not limited to:
(i) The keeping, scattering, or disposing of junk, trash, or debris over the property;
(ii) Stagnant water, dirt piles or open excavations;
(iii) The neglected maintenance of or improper repair works to the exterior of any structure, fence, yard, or premises out of harmony or conformity with the maintenance standards of adjacent properties;
(iv) The storage, depositing, keeping, or accumulation of dirt, stone, gravel, sand, concrete, brick, lumber or other construction or building materials, except when used in conjunction with a project on the property with a valid unexpired permit, or in conjunction with work that does not require a permit provided progress on such work has not ceased for more than ninety (90) days. This subsection shall not apply to commercial properties with an entitlement or approved use for the sale of such materials.
(§1, Ord. 351-NS, eff. March 8, 1973, as amended by § 10, Ord. 907-NS, eff. February 11, 1986, §1, Ord. 1085-NS, eff. October 2, 1990, by § 3, Ord. 1200-NS, eff. March 15, 1994, §1, Ord. 1310-NS, eff. February 5, 1998, and §1, Ord. 1411-NS, eff. July 17, 2003)