City of Indian Wells, CA PROPERTY NUISANCE

It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

(a)

Drainage Problems. Land, the topography, geology or configuration of which, whether in natural State or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

(b)

Abandoned or Damaged Buildings. Buildings which are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction;

(c)

Openings in Vacant Structures. The failure to close by such means as shall be acceptable to the Director of Planning and Building all doorways, windows and other openings into vacant structures;

(d)

Unpainted Buildings. Unpainted buildings causing dry rot, warping and termite infestation;

(e)

Broken Windows. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(f)

Overgrown Weeds. Overgrown weeds, grass and vegetation causing detriment to neighboring properties or property values;

(g)

Dead, Decayed, or Diseased Vegetation. Dead, decayed, diseased or hazardous trees, weeds and other vegetation: (1) constituting unsightly appearance, or (2) dangerous to public safety and welfare, or (3) detrimental to nearby property or property values;

(h)

Miscellaneous Debris. Packing boxes, lumber, trash, dirt and other debris either inside or outside buildings and visible from public streets for unreasonable periods, and causing detriment to neighboring properties;

(i)

Intentional Neglect. Neglect of premises: (1) to spite neighbors, or (2) to influence zone changes, or (3) to cause detrimental effect upon nearby property or property values;

(j)

Detriment to Public Health, Safety and General Welfare. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code 3480;

(k)

Detriment to Property Value. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

(l)

Detrimental to Enjoyment or Use of Property. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties;

(m)

Diminution of Tax Receipts. Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

(n)

Violation of City Building Code. Any violation of the City Building Code, Chapter 16.12 of this Code, as amended;

(o)

Fire Hazard. All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing around the streets, sidewalks or upon private property within the City, which by reason of its size, manner or growth or location constitutes a fire hazard to any building, improvements, crops or other property, or when dry, will in reasonable probability constitute a fire hazard;

(p)

Polluted Water. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not maintained, resulting in the water becoming polluted.

"Polluted water," for the purpose of this Chapter, means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of rubbish, refuse, debris, papers or any other foreign matter which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition;

(q)

Outdoor Burning. The intentional outdoor burning of any material, structure, matter, or thing, is a public nuisance.

For the purpose of this subparagraph (q) the term "any material, structure, matter, or thing" includes but is not limited to rubbish, garbage, weeds, palm fronds, refuse, debris, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles, vehicle bodies, trimmings from plants or trees, cans, bottles, barrels or similar matter;

(r)

Refuse and Waste Matter. Refuse and waste matter, as defined in this subsection, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which materially hamper or interfere with the prevention or suppression of fire upon the premises;

"Refuse and waste matter," for the purpose of this Chapter, means unused or discarded matter and material having no substantial market value, and which consists of rubbish, garbage, weeds, palm fronds, refuse, debris, and matter of any kind including but not limited to rubble asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles, vehicle bodies and/or trimmings from plants or trees, cans, bottles, barrels or similar matter;

(s)

Signs. Any sign in violation of the City Sign Ordinance, Title 17 of this Code;

(t)

Violation of Uniform Fire Code. Any violation of the Uniform Fire Code, Chapter 16.32 of this Code, as amended;

(u)

Violation of Uniform Housing Code. Any violation of the Uniform Housing Code, as amended;

(v)

Violation of Zoning Code. Any violation of the zoning ordinance of the City, Title 21 of this Code, as amended;

(w)

Dust, Sand, Gravel, or Trash. Any dust, sand, gravel, trash, or other debris which is allowed to interfere with the reasonable enjoyment of property by neighbors, or detrimentally affect property values in the surrounding neighborhood or community and resulting from construction within the City;

(x)

Dust Control on Vacant Land Not Yet Treated with One or More City Approved Dust Control Measures. "City approved dust control measures," for the purposes of this subsection, include, but are not limited to, the planting and maintenance of landscape or vegetation, or a proper chemical treatment, so as to control blowing dust from the site. Land located within the natural preserve (NPR) zone shall be exempt from this provision;

(y)

Palm Trees.

(1)

Dead or decayed palm fronds hanging parallel to the tree trunk, and noncommercial fruit, and flowers/pollen hanging from palm trees (date palms, fan palms, etc.) have a detrimental effect on adjacent properties and the community. Such debris shall be trimmed from such trees at least once a year as soon as possible after the pods on the tree open up, but not later than June 30th of each year for date trees and not later than July 30th of each year for fan palms or Washingtonian palms.

(2)

Upon receiving a written complaint, the Code Enforcement Officer may cause the tree or trees to be trimmed prior to the date specified in Section 8.08.010(y)(1) if it is deemed that the tree is having a detrimental effect on a adjoining property;

(z)

Vehicle Repair on Residential Premises. Other than the repair or replacement of flat tires on re-charging of batteries or other emergency repairs.

Vehicle repairs on lots zoned or used for residential purposes must take place within an enclosed structure. Repair work shall be limited to noncommercial vehicles currently registered pursuant to the California Vehicle Code to the owner or lessee of the property or a member of the owner or lessee's immediate family, which shall be limited to parents, grandparents, spouse, and children related by blood, marriage or adoption. Notwithstanding any provisions herein to the contrary, the following vehicle repairs may take place in other than an enclosed structure: (i) the repair or replacement of tires, (ii) recharging of batteries, and (iii) emergency repairs. The repair of vehicle shall be limited to those hours set forth in Municipal Code Section 9.06.047. Any repairs made in public view must be completed within a two hour period of time. There shall be no storage of parts and or nonoperable vehicles in public view;

(aa)

Vectors.

(1)

Any property, excluding water, that has been artificially altered from its natural condition so that it now supports the development, attraction or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance.

(2)

Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance.

(3)

Any activity that supports the development, attraction or harborage of vectors, or that facilitates the introduction or spread of vectors.

"Vector" as used herein means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates.

"Public Nuisance" as used herein shall not include agricultural operations that are designed and managed consistent with the accepted standards and practices for controlling fly development, as defined in Health and Safety Code Section 2062(b).

(Ord. 21 § 1, 1967; Ord. 89 § 1, 1973; Ord. 131 § 4, 1976; Ord. 264 § 1, 1990; Ord. 289 § 1, 1991; Ord. 317 § 1, 1993; Ord. 348 § 1, 1994; Ord. 559 § 1, 2004; Ord. 570 § 1, 2005; Ord. 619 § 1, 2008)