A.
The
provisions of this chapter are applicable to all property throughout
the city wherein any conditions, uses or activities hereinafter specified
are found to exist. This chapter shall not be applicable to any condition
which would constitute a violation of this chapter but which is duly
authorized under the municipal code or any applicable state or federal
law.
B.
The
list of activities, uses of property and conditions of property declared
to be a public nuisance pursuant to this chapter is not intended to
be exclusive. The city council expressly reserves to itself the right
to declare other and additional activities, uses of property, and
conditions of property to be nuisances subject to abatement pursuant
to this title or by any other means authorized by law.
C.
Every
owner, tenant, occupant, agent, person having charge or possession
of any premises or property, lessee or holder of any possessory interest
of real property within the city is required to maintain such property
so as not to violate the provisions of this chapter. The owner of
the property shall remain liable for violations hereof regardless
of any contract or agreement with any third party regarding such property
or the occupation of the property by any third party. Every successive
owner of property who neglects to abate a continuing nuisance upon,
or in the use of, such property, created by the former owner, is liable
therefor in the same manner as the one who first created it.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain on any such premises or property
any condition that constitutes an attractive nuisance including, but
not limited to, the following: (a) abandoned, damaged, neglected,
or broken equipment, machinery or household items, (b) unfenced or
otherwise unprotected hazardous or unfilled pools or ponds; (c) unfenced
or otherwise unprotected wells or excavations; and (d) unoccupied,
unprotected or otherwise open and exposed, and damaged or deteriorated
building, structure or improvement of any kind.
(Ord. 870 § 2, 2004)
A.
It
is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain any front and visible side yards
in a condition consisting of substantial sections of bare ground or
without acceptable landscaping, except for improved surfaces such
as walks and driveways. Acceptable landscaping shall include any ground
cover, decorative rock, redwood bark, lawn and/or other material as
determined to be acceptable or required by the city's community development
director or designee.
B.
It
is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to fail to maintain landscaping as approved
by the city and pursuant to a city issued permit.
C.
It
is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to store, leave or otherwise fail to remove
dead and dying landscaping matter on said premises or property.
D.
It
is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to fail to maintain and provide regular irrigation
of all landscaping on the premises that necessitates such irrigation
for its growth and nourishment.
(Ord. 870 § 2, 2004; Ord. 926 § 2, 2006)
A.
It
is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in a
manner that has resulted in overgrown weeds or other vegetation to
be present on any front and visible side or back yards and sidewalks.
B.
It
is unlawful, and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property with
the presence of Russian Thistle, which is commonly known as "Tumble
Weed" at any stage or growth.
C.
It
is unlawful, and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain or cultivate medical cannabis
at any stage of growth on such premises or property except as expressly
permitted in Title 17.
(Ord. 870 § 2, 2004; Ord. 926 § 2, 2006; Ord. 1006 § 4, 2011)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner that has resulted in: (a) dead, decayed, diseased, or hazardous
trees or shrubs including, but not limited to, Russian Thistle commonly
known as "Tumble Weed"; (b) trees and shrubs with dead or fallen limbs
or branches to present a safety hazard or restrict, impede or obstruct
the use of a public right-of-way, easement, sidewalk or roadway; or
(c) trees, shrubs and plants to grow out into or over a public right-of-way,
easement, sidewalk or roadway where such growth restricts, impedes
or obstructs pedestrian or vehicular use of said public right-of-way,
easement, sidewalk or roadway. The city manager, public works director,
code compliance manager, or designee may require any such condition
in violation of this provision to be remedied by an International
Society of Arboriculture (ISA) Certified Arborist or an American Society
of Consulting Arborists (ASCA) Registered Consulting Arborist, at
their official discretion based upon articulable public safety considerations.
(Ord. 870 § 2, 2004; Ord. 926 § 2, 2006; Ord. 1073 § 2, 2013)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner that has resulted in the accumulation of dry or dead plant
matter, combustible refuse and waste or any other matter which by
reason of its size, manner of growth and location, constitutes a fire
hazard to any building, improvement, crop or other property.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit on such premises or property any
operable vehicle, recreational vehicle, motor home, trailer, camper,
camper shell and boat to be parked or stored outside of a garage or
carport on an unpaved surface or in an area not otherwise lawfully
permitted by the Municipal Code.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit on such premises or property any
parked operable vehicle, recreational vehicle, motor home, trailer,
camper, camper shell and boat that is occupied or intended to be occupied
by any person or persons overnight.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit, accumulate or store on such premises
or property (not including highways) any abandoned, wrecked, dismantled,
or inoperative vehicle, except as expressly provided in the Municipal
Code or any applicable state or federal law.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain on such premises or property any
walkway, driveway or other improved surface in a manner that results
in the disrepair of such surfaces or creates unsafe conditions.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to fail to maintain in good condition any
parking lot striping and handicapped markings on such premises or
property.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property that results in creating a habitat for termites, insects, vermin, rodents, or bees, which may not otherwise be considered a vector as defined in Chapter 14.20, that presents a threat to the health and safety of the public and/or a threat to property.
(Ord. 870 § 2, 2004; Ord. 971 § 3, 2008)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to fail to properly connect any inhabited
improvements on such premises or property to a sewage disposal system
or sanitary sewer and/or to permit sewage seepage.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to abandon or permanently vacate or cause
to be abandoned or permanently vacated, any building or structure,
so that it becomes accessible to unauthorized persons including, but
not limited to, juveniles and vagrants, for unlawful or hazardous
use, or to allow the same to become infested with vermin or rodents,
or to become a menace to the health or safety of the public.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit or maintain on such premises or
property stagnant water, refuse, rubbish, garbage, dead animal carcasses,
offal, animal excrement or other waste materials which emit odors
that are unreasonably offensive to the physical senses of a reasonable
person of normal sensitivity or which may cause or attract insects.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property with
trash, garbage, refuse, or recycling cans, bins, boxes or other such
containers stored in front or side yards and visible from the public
right-of-way, except when in places of collection on scheduled waste
and recycling collection days or within the specific time period provided
by the Municipal Code.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to permit any hazardous substances or hazardous
waste to be unlawfully released, discharged, placed or deposited upon
any premises or property or onto any city property.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner as to cause a hazard to the public by obscuring the visibility
of any public right-of-way, road intersection, pedestrian walkway,
or street signs.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any building or structure, or any part thereof,
which has been constructed or is maintained in violation of any applicable
state or local law or regulation relating to the condition, use or
maintenance of such building or structure.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any building or structure, or any part thereof,
which is abandoned, boarded up, partially destroyed, or partially
constructed or uncompleted buildings or structures after building
permits have expired.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any building or structure with deteriorating
or peeling paint or stucco which allows the exterior building coverings
to deteriorate or allows the effects of sun or water penetration so
as to cause decay, dry rot, warping, or cracking and any building
or structure with broken windows, doors, attic vents, or underfloor
vents.
(Ord. 870 § 2, 2004; Ord. 926 § 3, 2006)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any building, structure, or improvement which
is unsightly and partially completed or partially destroyed which
endangers or injures neighboring properties or the public health,
safety, or general welfare.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property any improvement exteriors, walls, fences, driveways,
or walkways which are cracked, broken, defective, deteriorated, or
in disrepair or which are defaced due to any writing, inscription,
figure, scratch, or other marking commonly referred to as "graffiti."
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain upon any such
premises or property lumber, junk, trash, debris, or salvage materials
which are visible from the public right-of-way or adjoining premises.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, or having charge or possession of any
premises or property in the city to fail to maintain such premises
or property by allowing, causing or permitting the maintenance or
accumulation of weeds, Russian thistles, exotic plants, dead and dying
plant matter, dead and dying trees and bushes, unkept or overgrown
plant matter, unkept or overgrown trees and bushes, dead or fallen
limbs or branches, and other such landscaping and plant matter that
is unsightly to the public or to adjoining properties.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to allow or perform on such
premises or property the maintenance, repair, restoration or dismantling
of any vehicle, large machinery, or large equipment upon any residential
property, walkway, or easement visible from a public street or sidewalk
or from an adjoining property. This prohibition shall not apply to
work which is specifically authorized by state or local law or regulation
and shall not apply to minor repair or maintenance of vehicles, machinery
or equipment which belong to the person residing at the property,
and which is either performed inside an enclosed structure such as
a garage or performed outside but is not visible for longer than seventy-two
consecutive hours.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises or property in the city to maintain any such premises
or property or improvement thereon in such a manner as to cause or
to allow the premises, property or improvement to become defective,
unsightly, or in such other condition of deterioration or disrepair
as the same may cause substantial deprecation of the property values
or similar detriment to surrounding properties, or otherwise have
an adverse effect on the health, safety, or welfare of the citizens
of the city. Visual blight conditions include, but are not limited
to, any of the following conditions: (a) the presence of any improvement
including, but not limited to, buildings, garages, carports, wooden
fences, block walls, roofs or gutters in which the condition of the
patio, stucco, siding or other exterior coating has become so deteriorated
as to permit decay, excessive checking, cracking or warping so as
to render the improvement or property unsightly and in a state of
disrepair; (b) the presence of any improvement with cracked or broken
windows, roofs in disrepair, damaged porches or broken steps; (c)
the presence of any improvement which is abandoned, boarded up, partially
destroyed or left in a state of partial construction or repair for
more than ninety days; (d) the presence of abandoned, damaged or broken
equipment or machinery which is visible from a public street or sidewalk
or from an adjoining property; or (e) the presence of excessive junk,
refuse and garbage which is visible from a public street or sidewalk
or from an adjoining property.
(Ord. 870 § 2, 2004; Ord. 1048 § 1, 2012)
It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain upon any such premises or property any swimming pool, spa or similar man-made feature, reservoir, pond, or such other body of water not already regulated by Municipal Code Section 8.16.170, which is abandoned, unattended, unfiltered, or not otherwise maintained resulting in the water becoming polluted.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to fail to maintain the floors, walls, ceilings, lavatory, urinal
and toilet bowl of any public toilet free from any accumulation of
dirt, filth or corrosion and/or to fail to supply a public toilet
with toilet paper, hand washing facilities, soap and individual towels
with a receptacle for their disposal.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to construct or maintain a privy within the city in any manner that
does not comply with the Health and Safety Code.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to maintain any premises or property within the city in a manner that
presents an imminent safety hazard and/or which creates a present
and immediate danger to life, property, health or public safety.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to operate or maintain any premises or property within the city in
a manner that has resulted in repeated disruptive activities including,
but not limited to, disturbances of the peace, public drunkenness,
drinking in public, harassment of passersby, sale of stolen goods,
public urination, theft, assaults, batteries, acts of vandalism, excessive
littering, illegal parking, loud noises which violate any of the city's
municipal code regulations, traffic violations, curfew violations,
or police detentions and arrests.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to make, cause or permit to be made or caused upon any premises, street
or highway, any unnecessary noises or sounds which are physically
annoying to persons of ordinary sensitivities or which are so harsh
or so prolonged or unnatural or unusual in their use, time or place
as to cause physical discomfort to others.
(Ord. 927 § 3, 2006)
It is unlawful and it shall be a public nuisance for any person
to maintain any premises or property within the city which fails to
comply with any condition imposed on any entitlement, permit, contract,
or environmental document issued by or approved by the city in connection
with said premises or property or improvement located thereon.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to: (a) keep on any premises or property within the city any animal
which by any sound, cry or behavior causes annoyance or discomfort
to a reasonable person of normal sensitivity or any animal in unsanitary
conditions; (b) keep on any premises or property within the city more
animals than permitted under the municipal code or any applicable
state or federal law; or (c) keep on any premises or property within
the city any animal deemed to be illegal under the Municipal Code
or any applicable state or federal laws.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to engage in the intentional burning of any material, structure, matter
or thing on any premises or property within the city without a validly
issued permit allowing such burning.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to: (a) establish, operate or allow any activity on any premises or
property within the city which pollutes the atmosphere with any unwholesome,
offensive, or deleterious gas, fumes, dust, smoke, or odors; or (b)
allow any offensive odors to be emitted from offal, garbage, dead
animal carcasses or any animal or vegetable matter.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to cause or permit on any premises or property within the city any
matter or substance from a private vault, cesspool, septic tank, water
closet, privy vault, urinal, pipe, sewer line or any sewage, effluent,
slop water or any other filthy water, matter or substance to flow
or discharge upon the ground or upon any private property, public
sidewalk, street or other public place.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to use or store non-domesticated animal manure on any premises or
property within the city unless the manure has been processed or treated
so as to render it substantially free of unpleasant odor.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to use, park or store a vehicle or any receptacle used for hauling
or transporting any offal, manure, or the contents of a privy vault,
cesspool or sink or any nauseous or offensive substances, within the
city if the contents of such vehicle or receptacle are leaking or
spilling from such vehicle or receptacle.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to maintain on any premises or property within the city in the plain
view a public sidewalk or public street a clothesline or other object
or structure, on a front yard or side yard, for purposes of hanging
clothing and/or laundry.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to maintain on any premises or property within the city any drainage
facility, such as terrace drains, down drains and catch basins, in
such a condition so as to cause the drainage water to spill onto adjoining
properties or other areas not intended or approved for the collection
of stormwater.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to maintain on any premises or property within the city where water
from swimming pools, ornamental ponds, waterfalls, and similar facilities
is permitted to be disposed over or onto adjoining property or onto
any street, alley or public way without written permission from the
affect property owner or property owners and/or a validly issued permit
from the requisite agency.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to cause or permit water including, but not limited to, excess irrigation
runoff, to drain over or onto adjoining property or onto any street,
alley or public way in a manner which causes damage to the adjoining
property, street, alley or public way.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to maintain on any premises or property within the city any sign,
including its supporting structure, which is damaged to the point
of presenting a possible safety hazard.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
to cause or permit any encroachment onto public property for which
no encroachment permit has been issued or which is in violation of
the provisions of an encroachment permit or any applicable provision
of the municipal code.
(Ord. 870 § 2, 2004)
It shall be deemed a public nuisance for any member of the public
to create, cause, commit, permit or maintain any condition prohibited
by this municipal code or specifically identified as a public nuisance
by any applicable statute, rule, code or regulation.
(Ord. 870 § 2, 2004; Ord. 1005 § 1, 2011)
The city may declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Civil Code Sections 3479 and 3480.
(Ord. 870 § 2, 2004)
The city may: (a) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Penal Code Section 11225; and (b) commence any
action or proceeding pursuant to the California Red Light Abatement
Act to abate the public nuisance, to pursue all other remedies against
the violator, to seek the imposition of all penalties against the
violator and to recover any and all costs from the violator.
(Ord. 870 § 2, 2004)
The city may: (a) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Health and Safety Code Section 11570; and (b)
commence any action or proceeding pursuant to the California Drug
Abatement Act to abate the public nuisance, to pursue all other remedies
against the violator, to seek the imposition of all penalties against
the violator and to recover any and all costs from the violator.
(Ord. 870 § 2, 2004)
A.
It
is unlawful, and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain, or allow to be maintained, a
marijuana facility upon such premises or property.
B.
A marijuana
facility is defined as any place, location, building, structure, or
establishment where marijuana is traded, exchanged, sold, distributed,
cultivated, manufactured, processed, tested, or utilized for any purpose
whatsoever.
C.
A marijuana
facility shall not include any place where the marijuana activity
is limited to the personal use, cultivation, processing, manufacturing,
or possession of marijuana by a qualified patient, primary caregiver,
or person twenty-one years of age or older, provided such activity
complies with all applicable state and local laws and regulations.
(Ord. 1006 § 5, 2011; Ord. 1113 § 3, 2016)
The city may: (a) declare that a public nuisance exists whenever
any member of the public creates, causes, commits, permits or maintains
any condition or performs or causes to be performed any activity that
falls within the scope of the definition of "public nuisance" as set
forth in California Health and Safety Code Sections 17910 through
17995; and (b) commence any action or proceeding set forth therein
to abate the public nuisance, to pursue all other remedies against
the violator, to seek the imposition of all penalties against the
violator and to recover any and all costs from the violator.
(Ord. 870 § 2, 2004)
The city council may: (a) declare by resolution pursuant to
California Government Code Section 39561 et seq., that a public nuisance
exists with respect to a specific parcel whenever that parcel is being
maintained in a manner that has resulted in weeds, as that term is
defined in California Government Code Section 39561.5, being grown
upon the streets, sidewalks or private property in the city; and (b)
commence any action or proceeding pursuant to California Government
Code Section 39561 et seq., to abate the public nuisance, to pursue
all other remedies against the violator, to seek the imposition of
all penalties against the violator and to recover any and all costs
from the violator.
(Ord. 870 § 2, 2004)
The city council may: (a) declare by resolution pursuant to
California Government Code Section 39561 et seq., that a public nuisance
exists with respect to a specific parcel whenever that parcel is being
maintained in a manner that has resulted in an accumulation of rubbish,
refuse and dirt upon parkways, sidewalks or private property in the
city; and (b) commence any action or proceeding pursuant to California
Government Code Section 39561 et seq., to abate the public nuisance,
to pursue all other remedies against the violator, to seek the imposition
of all penalties against the violator and to recover any and all costs
from the violator.
(Ord. 870 § 2, 2004)
It is unlawful and it shall be a public nuisance for any person
owning, leasing, or occupying or having charge or possession of any
premises or property in the city to permit or maintain on such premises
or property: (a) any property that has been artificially altered from
its natural condition so that it supports the development, attraction,
or harborage of vectors; (b) any water that serves as a breeding ground
for vectors; or (c) any activity that supports the development, attraction,
or harborage of vectors.
(Ord. 971 § 3, 2008)
