City of Roseville, CA NUISANCE ABATEMENT

It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such a manner that any one or more of the following conditions or activities exists:

Abandoned Building or Structure.

A building or structure which has not been inhabited, occupied or used for more than 120 days, except for buildings that meet the standards of Section 16.34.020(B).

A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six months or more.

Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

A Building or Structure Which is in a State of Disrepair.

A building or structure which has exterior wall and/or roof coverings which have become so deteriorated so as to not provide adequate weather protection as to be likely to or have resulted in termite infestation or dry rot.

A building or structure which has broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.

A building or structure, the exterior, walls, fences, retaining walls, driveways, or walkways of which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety. For purposes of this subsection defacing includes, but is not limited to, writings, inscriptions, figures, scratches or other markings commonly referred to as “graffiti.”

Property Inadequately Maintained.

Property which is inadequately maintained, such that it contains overgrown, diseased, dead, decayed or decaying trees, weeds or other vegetation which:

Constitute a fire hazard; or

Are likely to harbor rats, vermin and other nuisances; or

Substantially detract from aesthetic and property values of neighboring properties;

Include weeds or grasses exceeding 12 inches in height.

Property which has landscaping which is not installed or maintained as required by any permit issued pursuant to the Roseville Municipal Code or the Zoning Ordinance.

Property which is inadequately maintained, such that it contains garbage or rubbish, as defined in Section 9.12.010 of this code, which by reason of its location, character and visibility:

Detrimentally impacts the surrounding neighborhood or community; or

Is allowed or permitted to be transported by wind or otherwise onto or upon any public street, alley or sidewalk.

Property which is inadequately maintained, such that it contains a substantial accumulation of dirt, litter or debris in vestibules or doorways of residential, commercial or industrial buildings.

Property which contains any swimming pool, pond, creek, stream, watercourse, drainage swale, or other body of water, including backwater or ponds resulting from beaver dams, or other obstructions to the flow of water in creeks or drainages, which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted, or creating or contributing to the potential for or actual flood damage. Polluted water is defined for the purpose of this chapter, as water which contains bacterial growth or algae, rubbish, refuse, debris, papers and any other foreign matter or material which, because of its nature or location, constitutes an unhealthy or unsafe condition.

Property Which Creates a Dangerous Condition.

Property having a topography, geology, or configuration which, as a result of grading operations, other improvements or lack of maintenance, causes erosion, subsidence, unstable soil conditions or surface or subsurface drainage problems which pose a threat to or are injurious to adjacent properties.

Any condition or object maintained on property which obscures the visibility of public street intersections to the motoring public to such a degree as to constitute a hazard, or which encroach into the clear vision triangle as described in the Zoning Ordinance of the City of Roseville Section 19.95.030(C)(4). Such conditions include, but are not limited to, landscaping, fencing and signs.

Property having any condition which due to ease of accessibility to the public may prove hazardous or dangerous to the public including, but not limited to:

Unused and broken equipment;

Abandoned wells, shafts or basements;

Hazardous or unprotected pools, ponds or excavations;

Structurally unsound fences or structures;

Machinery which is inadequately secured or protected;

Lumber, trash, fences or debris which may prove a hazard for the public;

Storage of chemicals, motor oil, or toxic or hazardous materials.

Parking, Storing or Maintaining of the Following Items in Areas Zoned for Residential Uses.

Residentially zoned property containing any airplane or other aircraft, or any parts thereof in the front of side yard.

Residentially zoned property containing any construction or commercial equipment, machinery or material. Provided, however, that construction equipment, machinery or materials shall not be considered a nuisance if temporarily kept within or upon the residentially zoned property for and during the time such equipment, machinery or materials are required for the construction or installation of improvements or facilities on the property.

Residentially zoned property containing special mobile equipment as defined in Section 575 of the Vehicle Code in front or side yard areas in excess of 72 consecutive hours.

Special mobile equipment stored in rear yard areas of residentially zoned property shall be either in an accessory building constructed in accordance with the provisions of this chapter or shall be set back at least five feet from any property line.

In addition to the setback requirement, 1,500 square feet or at least 60 percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

No special mobile equipment shall be parked, stored or kept within five feet of any required exit, including exit windows.

Residentially zoned property containing any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture (other than furniture designed and used for outdoor activities), appliances, or any parts of any of the listed items outside an enclosed structure for a period of time in excess of 72 consecutive hours or any such items when not secured so as to avoid the possibility of children becoming trapped inside or otherwise injured. The following shall not be considered a nuisance:

Machinery installed in the rear setback areas for household or recreational use;

Furniture designed and used for outdoor activities;

Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

Residentially zoned property containing, storing or keeping packing boxes, lumber, dirt and other debris, in the front yard area in excess of 72 consecutive hours except as allowed by the Roseville Municipal Code or the Zoning Ordinance for the purposes of construction.

Residentially zoned property on which more than four used tires are stored, abandoned or maintained.

Activities in Areas Zoned for Residential Uses. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing, of any airplane, aircraft, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property, unless within the residence or the garage. This subsection shall not apply to incidental or occasional washing, cleaning or servicing of such items.

Any condition detrimental to the public health, safety or welfare; declared to be a nuisance pursuant to an ordinance of the city or the laws of the state; deterioration or disrepair creating a substantial impact on neighboring properties; or recognized in law or in equity as constituting a public nuisance.

The accumulation, storage, leaving, abandoning or discarding within any commercial or industrial zone within the city (except in an enclosed building when permitted by the Zoning Ordinance) of more than 500 used tires.

(Ord. 2396 § 1, 1991; Ord. 2632 § 1, 1992; Ord. 3722 § 4, 2001; Ord. 3797 § 1, 2002; Ord. 4155 § 1, 2004; Ord. 4918 § 3, 2011)