1. | An action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the abatement of a violation of this code which constitutes a public nuisance is assessed against any property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in the manner provided for by Government Code Section 38773.5. |
2. | Nothing contained in this Title shall be construed as limiting, prejudicing, or adversely affecting the city's ability to concurrently or consecutively use any and all other available legal tools, remedies or proceedings as the city may deem are efficient, effective, practicable, or applicable, specifically including the use of Administrative Citations and the issuance of fine penalties in the manner provided for by Government Code Section 36900. |
1. | Refuse and/or waste matter which by reason of its location and character is in such a condition of deterioration that it constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or detrimentally affects property in the surrounding neighborhood or community. |
2. | Polluted or stagnant water which, because of its nature or location, constitutes an unhealthy or unsafe condition. |
3. | Building(s), structure(s) or property that is damaged, hazardous, broken, warped, dry rotted, blighted, infested, unsightly, unmaintained, decayed, defective, deteriorated, unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for human habitation, in a condition that is likely to cause sickness or disease or likely to cause injury to the health, safety or general welfare of those living, working, accessing, or occupying within. |
4. | Any appliance, tool, equipment, furniture, furnishing, or other item of personal property not normally kept outside including, but not limited to, any couch, love seat, sofa, sofa bed, recliner, hassock, upholstered chair, mattress, bed springs, box springs, bed frame, headboard, desk, dresser, bureau, cabinet, television, radio, stereo, stove, refrigerator, freezer, dishwasher, washing machine, dryer, shopping cart, sink, toilet, or similar items, whether or not any such item is broken or abandoned, resting or being stored on the premises stored either (a) so as to be visible from a public street, alley, or from any adjoining property for at least twenty-four consecutive hours, or (b) so as otherwise to constitute a harborage for rodents or pests or a detriment to health, safety and welfare of nearby properties, the neighborhood or the city. |
5. | An accumulation of aluminum cans, newspapers, plastic bottles, glass, cardboard or cardboard boxes, or an accumulation of other recyclable materials that has been stored in public view for at least twenty-four consecutive hours and is visible from a public street, alley or from any adjoining property. |
1. | be dead, decayed, diseased, dry, overgrown, uncultivated, or hazardous; |
2. | be likely to harbor such nuisances as vermin or rats; |
3. | be in a condition that causes visual blight, or reflects a lack of being maintained in an ongoing manner; |
4. | constitute a fire or health hazard, or create a threat to the public health or welfare; |
5. | be maintained with less than eight feet (8') of vertical clearance from sidewalks and thirteen feet (13') of vertical clearance from streets; or obscures official street or traffic signage; or consists of thorn or spinebearing vegetation immediately adjacent to sidewalks in residential areas. |
1. | Buildings or structures which are abandoned, partially destroyed, damaged, boarded up, dilapidated, or left in a persistent state of partial construction. A "persistent state of partial construction" is defined as any unfinished building where active construction is not occurring, or where the appearance or other conditions of said unfinished building or structure constitutes visual blight, or reduces the aesthetic appearance of the neighborhood, or is offensive to the senses, or is detrimental to nearby properties. A project shall be deemed active if there is obvious change to the worksite or to the project in any seven-day period. |
2. | Any building or portion thereof which is unpainted, or where the condition of existing paint has become so deteriorated as to permit substantial decay, checking, cracking, peeling, chalking, dry rot, warping, or termite infestation. |
3. | Buildings with missing doors, or windows containing broken glass or no glass at all where the window is a type which normally contains glass. Plywood or other materials used to cover such window space or doors, as may be permitted, shall be installed to FHA or similar standard to discourage unlawful entry, and shall be painted in a color or colors compatible with the remainder of the building. |
4. | Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, or alleys which for at least twenty-four consecutive hours are maintained in such condition as to become so defective, unsightly, or in such a condition of deterioration or disrepair that the same constitutes visual blight or reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties. |
5. | The accumulation, for twenty-four consecutive hours or more, of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways of a building. |
6. | Attractive nuisances dangerous to children and other persons, including, but not limited to, broken or neglected household appliances, equipment, machinery or vehicles; unfenced, abandoned, uncovered, unprotected, or otherwise unmaintained wells, swimming pools, spas, ponds, excavations or other openings; and open and accessible structures, whether vacant, abandoned or not. |
7. | Construction or packing materials or supplies, including, but not limited to, lumber, drywall, roofing tile, cement, nails, pallets, plywood, scrap lumber, or other building materials, products, or supplies; electrical, irrigation, or plumbing supplies; provided, however, that a reasonable quantity of these materials and supplies is excluded from this definition during active construction authorized by a valid building permit upon the subject property. A project shall be deemed active if there is obvious change to the accumulation or to the project in any seven-day period. |
8. | Construction equipment or machinery of any type or description parked or stored on property for at least twenty-four consecutive hours where it is readily visible from a public street, alley, or adjoining property, except while active excavation, construction or demolition operations authorized by a valid building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment or machinery. |
9. | Maintenance of any structures, bins or containers used for the collection of donated objects or items on any public or private property, unless completely enclosed within a permitted building or otherwise permitted and approved by the City's Planning and Economic Development Department. |
10. | Maintenance of any signage which lacks a required permit or is prohibited pursuant to section 20-38.080 of the Santa Rosa City Code. |
11. | The placement of clotheslines in front yards and the drying of laundry or washed articles on front porch stair railings, or the placement of washed articles on fences, hedges, or other supporting structures located in front yards for the purpose of drying them where the foregoing are visible from any public street, alley, or from any adjoining property. |
12. | Any wall, sign, fence, gate, hedge, or structure maintained in such a condition of deterioration or disrepair as to constitute a hazard to persons or property, constitute a visual blight, reduce the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties. |
13. | Any property with pooled oil accumulation, oil flowing onto public rights-of-way or adjacent property, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences. |
14. | Any yard area, visible from a public street, alley or from any adjoining property, the non-maintenance of which causes excessive dust or discharge of material onto the public right-of-way or into the storm drain system; which contains the accumulation of debris, constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties. This paragraph shall not be construed to require the use of water or the installation of drought-resistant vegetation to the tenant landscaping during any period in which a drought has been officially declared. |
15. | Any graffiti, including paint, ink, chalk, dye, etchings, or similar marking substances, which remains on the exterior of any building or structure, wall, fence, pavement, window, vehicle, walkway, or other object for at least twenty-four consecutive hours and is visible from a public street, alley, or any adjoining property. |
16. | The keeping, storing, depositing or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials that constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties, except when used for active excavation, construction or demolition projects for which a valid building permit, if so required, has been obtained. |
17. | The storage or placement of any garbage can or refuse container where such can or container is visible from a public right-of-way, other than between the period starting 24 hours prior to collection day and ending 24 hours following collection day. Where no complying storage location exists, garbage cans and refuse containers may be allowed to be placed in a manner that is removed from, yet remaining visible to, the public right-of-way. |
18. | Any obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way, or sidewalk except when and as permitted pursuant to this code or state law. |
19. | Maintenance of any insects, including, but not limited to wild bees; hornets, or wasps on any property in such a manner as to pose a threat, disturbance, danger, or menace to any person or property of another. |
20. | Maintenance of any type of illumination which directly shines onto adjacent or proximal properties causing substantial diminution of the enjoyment or use of such adjacent or proximal property, or otherwise violates Section 20-30.080 of the Santa Rosa City Code. |
21. | Violation of any provision of Title 7 of this code pertaining to animal regulations. |
22. | Violation of noise standards pursuant to Chapter 17-16 of this code. |
23. | Violation of any habitability requirements pursuant to Health and Safety Code Section 17920.3. |
SECTION 307 |
HANDRAILS AND GUARDRAILS |
307.1. General. Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition. |