It is unlawful and is declared a nuisance when any person owning, leasing, renting, occupying, charged with the management of or having charge or possession of any property in the city who maintains or fails to maintain the property in such a manner that any of the following conditions are present.
(A) An unsafe building or structure, as defined in § 283 of the Uniform Building Code, as adopted and in force within the city;
(B) To maintain any building or structure in a condition such that it would constitute a "dangerous building," as defined in § 302 of the Uniform Code for the Abatement of Dangerous Buildings, or as prepared by the International Conference of Building Officials and adopted in force within the city;
(C) To maintain any building or structure in a condition that would constitute a substandard building as defined in Chapter 10 of the Uniform Housing Code;
(D) To abandon or permanently vacate, or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use;
(E) To maintain property containing attractive nuisances in the form of:
(1) Abandoned or broken equipment or machinery, other than implements of husbandry kept on a lot in the R-A zone, the U-R zone, or the A zone, which are stored as provided for in this chapter; and
(2) Unfenced or otherwise unprotected wells, swimming pools, spas, ponds, or excavations.
(F) To maintain property, including any sidewalks and parkways adjacent thereto containing weeds, dry grasses, dead trees, dead shrubs or any other material which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including but not limited to sagebrush, chaparral and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; except, as otherwise exempted by Chapter 3.22 of this code;
(G) To maintain property containing refuse, rubbish, broken or discarded furniture or household equipment visible from the public right-of-way or adjoining properties. This includes, but is not limited to, the keeping of or disposing of or the scattering over the property or premises of any of the following:
(1) Junk, trash, or debris; and
(2) Abandoned or discarded objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, boxes, or other containers.
(H) To maintain property containing stagnant water, refuse, rubbish, garbage, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person(s), or which may cause or attract the migration of insects;
(I) To maintain premises with garbage or trash containers stored in front yards and visible from the public right-of-way. Except when in places of collection, refuse must be placed at a designated location by 6:00 a.m. on the day set for collection. Empty containers shall be removed the same day, as permitted by § 7.16.080 of this code. Where the property is a corner lot, this division shall apply to storage of garbage and trash containers within those side-yard setbacks, which are adjacent to the street;
(J) To operate or maintain, any device, instrument, vehicle or machinery in such a manner as to create loud or unusual noise, cause vibrations, or unreasonable light spillage or glare which cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of the public or of any person using or occupying other property in the vicinity;
(K) The existence of hazardous substances and waste unlawfully released, discharged or deposited upon any premises or onto any city property, storm drain, gutter or public right-of-way;
(L) To maintain property in such a manner as to cause a hazard to the public by obscuring visibility of or at any public right-of-way, road intersection or pedestrian walkway;
(M) To maintain any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of buildings;
(N) To maintain property in such condition as to create a detriment or hazard to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3490;
(O) To allow or perform the maintenance, repair, restoration or dismantling of any vehicle, large machinery or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment belonging to the person who resides on the property, and which is performed inside an enclosed structure such as a garage or which is performed outside but is not visible for longer than 72 consecutive hours;
(P) To maintain any property or structure in such a manner as to cause or allow the property or structure to become defective, unsightly or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values of, or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the city. This includes but is not limited to any of the following:
(1) Any improvement on the property, including but not limited to buildings, garages, carports, or roofs or gutters when the condition of the patio, stucco, siding or other exterior coating, has become so deteriorated as to permit decay, weathered woodwork, peeling paint, excessive checking, cracking, broken windows, or warping, rendering the building unsightly and in a state of disrepair;
(2) Buildings or structures which are abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for an unreasonable time; a period of 90 days shall serve as a guide in determining whether an unreasonable time has gone by;
(3) Maintenance of property containing abandoned or broken equipment or machinery, visible from a public street or sidewalk or from adjoining property;
(4) Property with excessive trash and debris, visible from a public street or sidewalk or from adjoining property; and
(5) Property, which is not in compliance with the following minimum standard requirements:
(a) Front and visible side yards, except for lots in the R-A zones, one acre or larger, shall be landscaped (except for improved surfaces including but not limited to walks and driveways) with ground cover, plant material, decorative rock, redwood bark and/or lawn, so as to prevent excessive dust, accumulation of debris, or depreciated values of adjacent properties. Lots in the R-A zones, five acres or larger, shall comply with the provisions of Chapter 3.22 of this code relating to the abatement of seasonal and recurrent weeds.
(b) Trees, shrubs, lawns, and other landscaping shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs, and cutting of lawns. Parcels in the R-A zones shall comply with the weed abatement standards in Chapter 3.22 of this code; and, in any case, dead, decayed, diseased, overgrown, or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values, shall be abated.
(c) All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface and in accordance with § 10.192.050 of this code, as adopted by the city; none of the above shall be occupied for the purpose of human habitation; nor shall any person sleep in, inhabit, live in or use any such vehicle for any purpose while the same is parked in the public right-of-way; nor shall utility connections for water, sewer, or power electrical cords of any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation.
1. It is a violation of this section to store an accessory vehicle in any zoning district at the following locations:
a. In any front yard or street side yard setback in any zone including driveways;
b. On a public street in any zone; or
c. Any required off-street parking area in any commercial or industrial zone except as provided division (P)(5)(c)2. below:
2. Exceptions.
a. Off-street parking area in any commercial or industrial zone specifically approved to serve a business whose primary purpose is to service, sell, repair, or perform maintenance upon an accessory vehicle.
b. Mobile or portable structures for city, county, state, and federal government use are permitted in all zones.
c. Construction site temporary offices.
d. A motor home or mounted camper which is normally used for everyday transportation, is mounted on a one ton or less pickup, and is not more than nine feet in height measured from the surface of the street.
e. A person who has been granted a reasonable accommodation.
(d) Abandoned, dismantled, wrecked, inoperative vehicles, or parts thereof, on private property shall be stored in a completely enclosed building or structure. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law commencing with Cal. Vehicle Code § 22650 and may be subject to the abatement procedure contained within Chapter 7.29 of this code.
(e) Walkways on private property, driveways and other improved surfaces shall be maintained in good repair free from unsightly stains and in safe condition, free from accumulation of pooled oil or grease or other hazardous material on paved or unpaved surfaces, buildings, walls, or fences. Parking lot striping and handicapped markings shall be maintained in good condition, and clearly visible to all motorists.
(f) Buildings, structures, sidewalks, and driveways shall be free of graffiti. The graffiti shall be removed according to the graffiti code in § 6.52.060 of the city code.
(g) Property shall be free from infestation of termites, insects, vermin, or rodents.
(h) Improved property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage.
(i) Interiors of all buildings shall be maintained in good repair, sanitary condition and in compliance with all applicable building codes.
(j) Swimming pools, ponds, or other bodies of water shall be filtered or maintained so as to not result in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature, or location, constitutes an unhealthy or unsafe condition.
(Q) To maintain residentially zoned property by storing or permitting the storage of household items customarily used in the interior of a dwelling, including appliances, equipment, construction materials or machinery in any front yard setback or driveway area;
(R) To store or place equipment, construction materials or machinery upon public property or public right-of-way (this prohibition shall not apply to otherwise permissible parking of vehicles, nor to permitted temporary placements such as for purposes of loading or unloading a vehicle or for permitted waste collections, or for authorized public equipment or vehicles during necessary work or repairs, or similar authorized uses);
(S) To maintain, place or otherwise display upon any fence, wall, tree, bush or any other structure or portion thereof, any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothesline facility. For the purpose of this section, the placement of clothesline(s) shall be prohibited within any required front yard setback area or required street side yard setback area; and
(T) The maintenance of properties, so out of harmony or conformity with the maintenance standards of abutting, or adjacent properties in the surrounding vicinity, as to cause substantial diminution of the enjoyment, use or property values of the surrounding properties.
(U) All fences and walls shall be maintained in good repair and regularly maintained to ensure continued structural integrity. Fences may not list or lean more than 20 degrees from vertical. Fences may not have broken fence boards or be reinforced from falling by propping up with other materials. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed.
(1) Permitted materials. A fence may be constructed of permanent material, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other material approved by the City Manager, or designee.
(2) Prohibited materials. Fencing materials prohibited include, but are not limited to cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence. Plywood less than five-eighths inches thick, plywood not of a grade, particle board, paper, and visqueen plastic, plastic tarp, metal roofing panels, corrugated or sheet metal and garage doors or similar material shall be prohibited unless approved by the City Manager, or designee.
(1995 Code, § 7.28.030) (Ord. 2022-17, passed 12-20-2022; Ord. 14-02, passed 3-18-2014; Ord. 02-1909, passed - -2002; Ord. 2024-02, passed 3-19-2024)