A. The existence of unsightly conditions,
including, but not limited to, buildings which are abandoned, boarded
up or partially destroyed; used or discarded furniture; used machinery;
and overgrown vegetation may have a detrimental effect on a substantial
number of other properties, including, but not limited to, an appreciable
diminution of surrounding property values as well as on the aesthetic
quality of the city as a whole. The abatement of these conditions
is in the best interest of the health, safety and welfare of the city.
B. It is the intent of the city council in
adopting this chapter to provide a comprehensive method for the identification
and abatement of certain public nuisances within the city.
C. The provisions of this chapter are supplementary
and complementary to all of the provisions of the Roseville Municipal
Code, the Zoning Ordinance, and state law. Nothing in this chapter
shall be read, interpreted or construed in any manner so as to limit
any existing right or power of the city to abate any and all public
nuisances.
D. For purposes of this chapter, a public
nuisance is defined as one which is visible from the public right-ofway
on adjacent or nearby real property and which constitutes visual blight;
or reduces the aesthetic appearance of the neighborhood; or is offensive
to the senses; or is detrimental to nearby property values. Every
nuisance not included within this definition is deemed a private nuisance
which is not regulated by this code.
(Ord. 2396 §
1, 1991; Ord. 5623 § 1, 2016)
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:
A. Abandoned Building or Structure.
1.
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).
2.
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.
B. 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.
C. A Building or Structure Which is in a State
of Disrepair.
1.
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.
2.
A building or structure which has
broken or missing windows or doors which constitute a hazardous condition
or a potential attraction to trespassers.
3.
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.”
D. Property Inadequately Maintained.
1.
Property which is inadequately maintained,
such that it contains overgrown, diseased, dead, decayed or decaying
trees, weeds or other vegetation which:
a.
Constitute a fire hazard; or
b.
Are likely to harbor rats, vermin
and other nuisances; or
c.
Substantially detract from aesthetic
and property values of neighboring properties;
d.
Include weeds or grasses exceeding
12 inches in height.
2.
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.
3.
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:
a.
Detrimentally impacts the surrounding
neighborhood or community; or
b.
Is allowed or permitted to be transported
by wind or otherwise onto or upon any public street, alley or sidewalk.
4.
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.
5.
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.
E. Property Which Creates a Dangerous Condition.
1.
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.
2.
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.
3.
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:
a.
Unused and broken equipment;
b.
Abandoned wells, shafts or basements;
c.
Hazardous or unprotected pools, ponds
or excavations;
d.
Structurally unsound fences or structures;
e.
Machinery which is inadequately secured
or protected;
f.
Lumber, trash, fences or debris which
may prove a hazard for the public;
g.
Storage of chemicals, motor oil,
or toxic or hazardous materials.
F. Parking, Storing or Maintaining of the
Following Items in Areas Zoned for Residential Uses.
1.
Residentially zoned property containing
any airplane or other aircraft, or any parts thereof in the front
of side yard.
2.
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.
3.
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.
a.
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.
b.
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.
c.
No special mobile equipment shall
be parked, stored or kept within five feet of any required exit, including
exit windows.
4.
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:
a.
Machinery installed in the rear setback
areas for household or recreational use;
b.
Furniture designed and used for outdoor
activities;
c.
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.
5.
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.
6.
Residentially zoned property on which
more than four used tires are stored, abandoned or maintained.
G. 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.
H. 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.
I. 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)
Upon discovering the existence of a nuisance on private property within the city, the city shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in Chapter
2.52.
(Ord. 2396 §
1, 1991; Ord. 3722, § 5, 2001)