[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]
B.
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.
C.
All pursuits followed or acts done by any person to the hurt, injury,
annoyance, inconvenience, or danger of the public.
D.
The above definitions shall include, but not by way of limitation,
the following:
1.
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.
2.
All slaughterhouses.
3.
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.
4.
All privies or outhouses.
5.
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.
6.
Any excavation which may endanger life or limb of another.
7.
Weeds.
a.
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.
b.
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.
8.
The keeping of hogs within three hundred (300) feet of any dwelling
or public highway.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
No person shall deposit any litter or debris or any material on any
property within the City.
B.
No person shall dump or deposit any garbage or offensive waste material
on any property within the City.
C.
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]
A.
NUISANCE
1.
2.
3.
4.
5.
6.
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:
Injures or endangers the comfort, repose, health or safety of
others; or
Offends decency; or
Is offensive to the senses; or
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
In any way renders other persons insecure in life or the use
of property; or
Essentially interferes with the comfortable enjoyment of life
and property or tends to depreciate the value of the property of others.
B.
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:
1.
Noxious weeds and other rank vegetation.
2.
Accumulations of rubbish, trash, refuse, junk and other materials,
metals, lumber or other things on private real property.
3.
Accumulation of rubbish, trash, refuse, junk and other materials,
metals, lumber or other things on personal property, including cars,
trucks and commercial vehicles.
4.
Any condition which provides harborage for rats, mice, snakes
and other vermin.
5.
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.
6.
All unnecessary or unauthorized noises and annoying vibrations,
including animal noises.
7.
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.
8.
The carcasses of animals or fowl not disposed of within a reasonable
time after death.
9.
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.
10.
Any accumulation of stagnant water permitted or maintained on
any lot or piece of ground.
11.
Any accumulation of any type of tree/bush leaves permitted or
maintained on any lot or piece of ground.
C.
It shall be unlawful for any person to cause, permit, maintain or
allow the creation or maintenance of a nuisance.
D.
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.
E.
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.
F.
The notice to abate the nuisance issued under the provision of this
Section shall contain:
1.
An order to abate the nuisance within a reasonable time not
to exceed fifteen (15) days.
2.
The location of the nuisance.
3.
A statement of the acts necessary to abate the nuisance.
4.
A statement that if the nuisance is not abated as directed,
the City will issue a citation, violation of this Section.
G.
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.
