[CC 1961 §11.05; Ord. No. 12, 5-2-1938; Ord. No. 2044 §1, 11-4-1974; Ord. No. 2067 §1, 4-7-1975; Ord. No. 3078 §1, 9-5-1989; Ord. No. 3124 §1, 5-21-1990; Ord. No. 4265 §1, 2-15-2016]
Any act done or committed or suffered to be done or committed by any person, or any substance or thing kept or maintained, placed or thrown on or upon any public or private place which is injurious to the public health.
All pursuits followed or acts done by any person to the hurt, injury, annoyance, inconvenience, or danger of the public.
The above definitions shall include, but not by way of limitation, the following:
All bawdy houses, buildings, or rooms to which any persons are allowed or permitted by the owner, keeper, or occupants thereof to resort for the purpose of prostitution.
All ponds or pools of stagnant water and all foul or dirty water or liquid when discharged through any drain pipe or spout into or upon any street, alley, thoroughfare or lot, to the injury and annoyance of the public.
All privies or outhouses.
All carcasses of dead animals which the owner or keeper thereof shall permit to remain within the limits of the City exceeding twelve (12) hours after death.
Any excavation which may endanger life or limb of another.
The allowing or maintaining, on any lot or parcel of ground, of the growth of weeds to a height of nine (9) inches in any residentially zoned district of the City, or to a height of one (1) foot in any other zoning district of the City. These limits shall also apply to the growth of weeds upon improved streets or upon the right-of-way adjoining such premises or upon any adjoining sidewalks. The word "weeds" as used herein shall include all rank vegetable growth which exhales unpleasant and noxious odors, and also high and rank vegetable growth that may conceal filthy deposits or rodents, or which constitutes a general nuisance.
Council does hereby determine and find that grass, if allowed to grow to heights in excess of those specified in Subsection (D)(7)(a) herein, can maintain and conceal filthy deposits, rodents, and is a general nuisance to the general public and, therefore, such grass should be cut prior to its growth in excess of heights specified in Subsection (A) herein.
The keeping of hogs within three hundred (300) feet of any dwelling or public highway.
The keeping of animals of any kind, domestic or wild, upon any public or private place in such a manner or condition that same constitute a hurt, injury, annoyance, inconvenience, or danger to the public or the residents of the vicinity.
Causing, keeping, maintaining, or permitting trash, garbage or other obnoxious or filthy substance upon any public or private property constituting a hurt, injury, annoyance, inconvenience, or danger to the public health or welfare.
It shall be unlawful for any person to create, make, or cause to be made any loud, excessive, or unnecessary noise which either annoys, or disturbs the comfort, repose, health, or peace of others.
All areas which are not covered by lawn or vegetation or used for the purpose of vegetable gardens and flower beds shall be covered with sod, seed and straw, mulch, or other acceptable landscaping material to prevent dust or the blowing or scattering of dust particles in the air.
Dead trees and shrubs shall be promptly removed. After the passing of one (1) growing season, trees and shrubs that have shown no signs of sustaining life will be declared dead and must be promptly removed.
All firewood must be cut into lengths for burning, be neatly stacked behind the building line, and placed in a rack which allows a minimum of a twelve-inch space above the ground so as not to allow the nesting of rodents. If firewood is not used within a reasonable length of time and is showing signs of deterioration, or is harboring insects, it must be removed promptly.
All types of tree/bush leaves that fall on your property, including sidewalks and gutter lines, must be bagged or placed into optional compost carts by the owner or resident and not placed in the street or left in any residential or commercial yards. Homeowners are responsible for their own leaves. They are to be placed in paper bags for the waste hauler to collect on regular collection day. Storing bags of leaves on property is prohibited.
[CC 1961 §11.06; Ord. No. 12, 5-2-1938; Ord. No. 3762 §1, 12-3-2007; Ord. No. 4265 §1, 2-15-2016]
Whenever any nuisance exists, it shall be the duty of the Chief of Police or Director of Public Works to investigate the same and notify the occupants of the property on which said nuisance exists to have the same removed, and should the occupant fail to have the same removed within twelve (12) hours from the time of the notice, it shall be the duty of the Chief of Police or Director of Public Works to have same removed forthwith.
When the Chief of Police or Director of Public Works, or other person under the direction of the Chief of Police or Director of Public Works, removes any nuisance, he/she shall charge the occupant of the property with the expenses incurred in such removal, and if the occupant fails to pay the amount of such expense, he/she shall forfeit and pay to the City of Berkeley a sum equal to the amount of expenses incurred by the Chief of Police or Director of Public Works, to be recovered as other penalties before the Municipal Judge, for each offense; and it shall be the duty of the Chief of Police to draw up the amount of the expenses thus incurred and file same in the office of the Municipal Judge. The Municipal Judge shall immediately issue his/her summons against the delinquent occupant of the property, and the case shall be tried as other cases of violation of City ordinances.
If the Chief of Police or Director of Public Works shall not deem it expedient to abate or remove any nuisance in the manner prescribed in this Section, he/she shall give notice in writing to the owner or tenant of the real estate whereon such nuisance may be of the fact, and require him/her to remove or abate the same within five (5) days from the date of the service of such notice.
Any person failing to remove any nuisance upon any real estate owned or occupied by him/her within five (5) days from the service of the notice aforesaid, upon conviction shall be subject to the penalty provided for violating this Code.
It shall be the duty of the Chief of Police or Director of Public Works to serve the notice described in this Section upon his/her own motion, or upon the complaint of any person interested in the removal or abatement of any nuisance, and upon the refusal or neglect of the Chief of Police or Director of Public Works to act, such person may serve such notice himself/herself or by some other person who would be a competent witness.
It shall be the duty of the Chief of Police or Director of Public Works or any City Officer to make complaint before the Municipal Judge against all persons who maintain or fail to remove or abate a nuisance, and any person interested in the removal or abatement of any nuisance may also in like manner make a complaint before the Municipal Judge, and it shall be the duty of the Municipal Judge to summon such owner or occupant of the real estate before him/her to answer such complaint of a violation of this Chapter, and the Municipal Judge, upon such complaint, shall have jurisdiction of the case and proceed in all respects as in other cases of violation of City ordinance.
Any notice issued pursuant to this Section shall advise the owner or tenant that if the nuisance that is the subject of this notice presents itself a second time within the same calendar year, the City of Berkeley shall be empowered to abate the same without any further notice. Any person failing to maintain property consistent with this Section shall be subject to the penalty provided for violating the Municipal Code.
[CC 1961 §11.07; Ord. No. 600, 3-1-1954; Ord. No. 4265 §1, 2-15-2016]
After March 1, 1954, no person shall install, erect, construct, or maintain within the City any structure, building, or other installation or improvement commonly known as a "privy" or "outhouse."
[CC 1961 §11.10; Ord. No. 4265 §1, 2-15-2016]
No person shall deposit any litter or debris or any material on any property within the City.
No person shall dump or deposit any garbage or offensive waste material on any property within the City.
No person shall dump or deposit any dirt, litter, leaves, or debris on any street, sidewalk, or public place within the City. Any person engaging in construction work who causes dirt or debris to be deposited or littered on the surface of any street or sidewalk, other than materials authorized to be stored temporarily on a street or sidewalk during the course of construction, shall remove the dirt and debris before the end of each working day.
[Ord. No. 3492 §§1 — 7, 5-1-2000; Ord. No. 4265 §1, 2-15-2016]
Definitions. As used in this Section, the following terms shall have the following definitions:
- Any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist which act, omission, condition or thing either:
- 1. Injures or endangers the comfort, repose, health or safety of others; or
- 2. Offends decency; or
- 3. Is offensive to the senses; or
- 4. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
- 5. In any way renders other persons insecure in life or the use of property; or
- 6. Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
Noxious weeds and other rank vegetation.
Accumulations of rubbish, trash, refuse, junk and other materials, metals, lumber or other things on private real property.
Accumulation of rubbish, trash, refuse, junk and other materials, metals, lumber or other things on personal property, including cars, trucks and commercial vehicles.
Any condition which provides harborage for rats, mice, snakes and other vermin.
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an insanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located.
All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
The carcasses of animals or fowl not disposed of within a reasonable time after death.
Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained.
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
Any accumulation of any type of tree/bush leaves permitted or maintained on any lot or piece of ground.
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
Any person who shall violate provisions of this Section or who shall fail to comply with any of the requirements thereof shall be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period not exceeding ninety (90) days, or both such fine and imprisonment.
Whenever a nuisance is found to exist within the City of Berkeley, a Police Officer, City Inspector or any designated officer of the City shall give written notice to the owner or occupant of the real or personal property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
The notice to abate the nuisance issued under the provision of this Section shall contain:
An order to abate the nuisance within a reasonable time not to exceed fifteen (15) days.
The location of the nuisance.
A statement of the acts necessary to abate the nuisance.
A statement that if the nuisance is not abated as directed, the City will issue a citation, violation of this Section.
The notice to abate a nuisance shall be issued to the property owner when practical or it may be posted on the property creating the nuisance.