City of West Sacramento, CA Public Nuisances

It is unlawful and a nuisance for any person owning, occupying, leasing or having charge or possession of any property in the city to maintain or allow to be maintained on such property any of the conditions set forth in this section:

The exterior accumulation of weeds, rank growths, dirt, litter, rubbish or debris that is visible from a public or private street, sidewalk or right-of-way.

Broken, abandoned or discarded furniture or other household equipment, appliances, or fixtures, packing boxes, lumber, junk, trash, rubbish, or other materials or debris, or fencing built with non-fencing materials, which are visible from a public or private street, sidewalk or right-of-way. This includes the dumping, spillage or storage of solids or liquids, which adversely affect the aesthetic or olfactory nature of the area.

Buildings, fences or other structures, the exterior walls or windows, which are visible from a public or private street, sidewalk or right-of-way, containing graffiti or other inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced.

Neglected or improperly maintained landscaping, visible from a public or private street, sidewalk or right-of-way, including, but not limited to, dead, debris laden, weed-infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water, or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval; provided, however, that the provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought year, as determined by the city. Neglected, improperly maintained, and overgrown landscaping and/or vegetation for purposes of this subdivision, includes, but is not limited to, a lawn area with fifty percent or more of its area exceeding twelve inches in height.

Buildings for human use or occupancy that are boarded by voluntary action of the owner or as a result of enforcement activity by the city, which are not rehabilitated within ninety days after the building is boarded.

Buildings designed for human use or occupancy that stand vacant for more than ninety consecutive days, unless the city manager finds in writing that any of the following applies:

The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.

The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

Maintenance, of landscaping and plant materials in good condition;

Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition;

Regular removal of all exterior trash, debris and graffiti;

Maintenance of the building in continuing compliance with all applicable codes and regulations;

Prevention of criminal activity on the property, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity.

Where visible from a public or private street, sidewalk or right-of-way, the exterior storage or maintenance in a residential zone of metal storage bins or containers, including garbage bins and dumpsters, that are larger than one hundred twenty square feet, unless expressly permitted by law or a permit duly issued by the city.

Where visible from a public or private street, sidewalk or right-of-way, the exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a city license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property.

The exterior storage of five or more used tires, or the storage of any number of used tires in a manner that allows any accumulation of water or creates a fire hazard.

The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if either:

Located on any front lawn, front yard or street side yard, provided, however, that such parking or storage of a legally registered and operable vehicle, boat, trailer, camper, or motor home shall be allowed in front or side street yards on required parking spaces or on paved driveways leading directly from approved and permitted curb cuts to required garages, carports or other required off-street parking spaces, if such vehicle, boat, trailer, camper or motor home is located totally on private property and does not extend into or block any public right-of-way; or

Located in any side or rear yard so as to prevent a three-foot-wide continuous fire access way from the front of the property.

The use of any trailer, camper or motor home for residential occupancy except on property zoned for mobile home parks or camping.

Any unmounted camper shell visible from a public street, sidewalk or right-of-way.

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.

Obstruction or encroachment upon any public property, including, but not limited to, any public street, sidewalk, highway, right-of-way, and park or building, without prior city consent. Such obstructions or encroachments include, but are not limited to, overgrown trees and shrub, building materials, merchandise or other personal property, and buildings or portions of buildings or structures protruding onto public property.

Use of property in a residential district for the purpose of performing major vehicle repair.

Use of property in a residential district for the purpose of performing minor vehicle repair or maintenance where any of the following conditions exists: (1) the repair is conducted on vehicles registered to persons not currently residing on the property; (2) the repair is conducted outside of a fully enclosed structure and results in a vehicle being inoperable for more than twenty-four hours; or (3) for a profit, except where such use constitutes a legal nonconforming use pursuant to the city zoning code.

Maintenance of any combustible material or substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.

Any condition recognized in law or in equity as constituting a public nuisance.

Any condition constituting a "substandard building" under Section 17920.3 of the California Health and Safety Code.

Any condition constituting an unsafe structure and equipment under Section 116 of the California Building Code for the abatement of unsafe structures and equipment as adopted by the city.

The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise that disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The illegal sale of controlled substances and/or other illegal drugs and/or substances which creates a public nuisance as defined in Civil Code Sections 3479 and 3480 and Health and Safety Code Section 11570.

The illegal use of controlled substances and/or other illegal drugs and/or substances, or substances injurious to health that create a public nuisance as defined in Civil Code Sections 3479 and 3480 and Health and Safety Code Section 11570.

The frequent gathering, or coming and going, of people who have intent to purchase or use illegal drugs and/or controlled substances on the premises.

The occurrence of prostitution, as defined in Penal Code Sections 11225 and 11230.

The unlawful activities of a criminal street gang, as defined in Penal Code Sections 186.22, 186.22a and 186.25 and Health and Safety Code Section 11570.

AA.

Any pay telephone installed, located, or maintained on unimproved property.

BB.

Any telephone that is used as an instrumentality for, or contributes substantially by its presence to, any of the following conditions:

Distribution of controlled substances as defined by the Health and Safety Code;

Criminal activity, including, but not limited to, prostitution or the solicitation of prostitution;

Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a valid license issued by the Department of Alcoholic Beverage Control; or

Individuals remaining on public or private property under such circumstances that a reasonable person would conclude the individual so remaining does so with a purpose unrelated to the usual and ordinary use to which such property is put, does not have a bona fide intent to exercise a constitutional right, and is causing a public inconvenience or annoyance.

CC.

The firing or discharging of a firearm by any person on any premises within the city, except as otherwise authorized by law.

DD.

The existence of any property condition or use of any property which is unlawful or declared to be a public nuisance pursuant to any other provision in the West Sacramento Municipal Code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain and use their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property and the use thereof into compliance with applicable codes, regardless of whether or not the building is occupied.

EE.

Insufficient exterior lighting that impairs the public health and safety, including, but not limited to, lighting that has not been installed or maintained pursuant to the manufacturer's specifications.

FF.

Yard Sales.

Yard sales, unless the sales comply with all of the following standards:

The yard sale consists solely of the sale of personal property accumulated by the seller during the course of the seller's ordinary residential living;

Any individual seller, household, home address, group, or family shall only be allowed three sales in any one calendar year;

Each sale shall last no more than two consecutive days, with each day beginning no earlier than eight a.m. and ending no later than five p.m.;

Only personal property may be sold and no new or secondhand goods obtained for purposes of resale are permitted to be sold;

Signs shall be permitted in accordance with the city's Sign Ordinance, Chapter 17.33 and the Temporary Offsite Real Property Sign Ordinance, Chapter 17.39 of the municipal code;

No live animals, food, tobacco products, alcoholic beverages, weapons, controlled substances, or other illegal items or items requiring permits for sale shall be sold or offered for sale; and

All personal property offered for sale shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks, streets, or other public rights-of-way.

(Ord. 03-1 § 2; Ord. 08-20 § 3; Ord. 12-11 § 3; Ord. 13-7 § 4; Ord. 19-11 § 4; Ord. 22-20 § 4)