As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods,
impair property values and which are injurious or detrimental to the
health, safety and general welfare of the citizens of Huntington Beach.
(3386-3/98)
The procedures provided for in this chapter shall be cumulative
and in addition to any other procedure or legal remedy provided for
in this Code or by state law for the abatement of nuisance related
activities or conditions. Nothing in this chapter shall be deemed
to prevent the City from commencing a civil or criminal proceeding
to abate a nuisance under applicable civil, penal or Municipal Code
provisions as an alternative or alternatives to the proceedings set
forth in this chapter.
(3386-3/98)
As used in this chapter:
"Abate" and "abatement"
shall mean action to terminate, remove, stop, cease, repair,
replace or otherwise remedy a nuisance related activity or condition
by such means and in such manner as is necessary to the interest of
the health, safety or general welfare of the public.
"Administrative abatement officer"
shall mean the City Manager and any other person or persons
designated by the City Manager as being an administrative abatement
officer.
"Person," "responsible person," and "responsible party"
shall mean any individual, business or entity who is responsible
for causing, maintaining or permitting a nuisance activity or condition.
The terms "person," "responsible person" or "responsible party" include,
but are not limited to, a property owner, tenant, person with a legal
interest in real property or person in possession or occupying real
property, the president or other officer of a corporation, a business
owner or manager of a business.
Any act of negligent or willful conduct of a minor which results
in the creation or maintenance of a condition or activity which constitutes
a nuisance within the meaning of this chapter shall be imputed to
the parent or guardian having custody and control of the minor for
all purposes, including the duty to abate the nuisance(s) and the
imposition of administrative penalties and costs as provided for herein.
The parent or guardian having custody and control of the minor shall
be jointly and severally liable with the minor for any and all penalties
or costs imposed pursuant to this chapter.
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"Premises"
shall mean any location, building, structure, residence,
garage, room, shed, shop, store, dwelling, lot, parcel, land or portion
thereof whether improved or unimproved.
(3386-3/98, 3398-7/98)
Any activity, condition or premise(s) maintained as described
herein is declared to be a public nuisance and shall be abated by
cessation of the activity, rehabilitation, demolition, removal, repair
or other appropriate remedy pursuant to the procedures set forth in
this chapter.
(3386-3/98, 3398-7/98)
It is hereby declared a public nuisance, or an act in the nature
of a public nuisance, for any person or party to cause, permit, abet
or otherwise allow any premises in this City to be used in such a
manner that any one or more of the activities or conditions described
in the following subsections are found to occur thereon.
A. Any
condition or activity which is a "nuisance" or a "public nuisance"
as defined in Sections 3479 and 3480 of the
Civil Code of the State
of California or which is specifically declared to constitute a nuisance
or public nuisance by any statute of the State of California or by
any ordinance of the City of Huntington Beach.
B. The
violation of any provisions of the following California Codes which
have been adopted, as amended, by the City of Huntington Beach:
1. California
Building Code;
2. California
Electrical Code;
4. California
Residential Code;
5. California
Plumbing Code;
6. California
Mechanical Code;
7. Uniform
Code for the Abatement of Dangerous Buildings;
8. Uniform
Swimming Pool, Spa and Hot Tub Code.
C. The
violation of any provision of the Huntington Beach Municipal Code,
or the Huntington Beach Zoning and Subdivision Ordinance Code, or
any code adopted by reference.
D. The
operation or maintenance of any business, trade or profession in violation
of Title 5 of this Code, or lack of a proper certificate of occupancy.
E. The
frequent gathering, or coming and going, of people who have an intent
to purchase or use controlled substances on or at any premises in
this City.
F. Participation
in a criminal street gang as proscribed by California
Penal Code Section
186.22.
G. The
making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which 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.
H. The
occurrence of criminal activity at any premises which threatens the
life, health, safety or welfare of the residents of the premises,
neighbors or the public.
I. Buildings
which are abandoned, boarded up, partially destroyed or left unreasonably
in a state of partial construction.
J. Land,
the topography or configuration of which, whether in a man-made 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 to the public health, safety and welfare or to adjacent
properties.
K. The
failure to secure and maintain from public access all doorways, windows
and other openings into vacant structures.
L. Overgrown
vegetation on developed property which:
1. Harbors
rats, vermin, and other disease carriers; or
2. Causes
detriment to neighboring properties or property values; or
3. Causes
a hazardous condition to pedestrian and/or vehicular traffic.
M. Dead,
decayed, diseased or hazardous trees, weeds and other vegetation on
developed property which:
1. Constitutes
an unsightly appearance; or
2. Creates
danger to public safety and welfare; or
3. Is
detrimental to nearby property or property values.
N. Abandoned,
broken, neglected machinery or equipment which poses a potential hazard
to the general public.
O. Unprotected
or hazardous excavations, swimming pools, and ponds.
P. Broken
or discarded furniture, household equipment and appliances on the
premises which causes damage or is a detriment to neighboring properties.
Q. Packing
boxes, lumber, dirt and other trash or debris outside commercial and
industrial buildings which is visible from public streets and causes
detriment to neighboring properties.
R. Accumulation
of dirt, litter or debris in doorways, adjoining sidewalks, parking
lots and landscaped areas.
S. Deteriorated
parking lots which have pot holes, cracks and ridges.
T. Fences
in a state of disrepair or in a dilapidated condition.
U. Premises
including, but not limited to, building exteriors which are maintained
in such condition as to become so defective, unsightly or in such
condition of deterioration or disrepair that the same causes diminution
of the property values of surrounding property or is materially detrimental
to proximal properties and improvements. This includes, but is not
limited to, the keeping and disposing of or the scattering over the
property or premises of any of the following: (1) lumber, junk, trash
or debris; (2) abandoned or discarded or unused objects or equipment
such as automobiles, furniture, stoves, refrigerators, freezers, cans
or containers; (3) stagnant water or excavation(s); (4) any device,
decoration, design, fence, structure, clothesline or vegetation which
is unsightly by reason of its condition or inappropriate location;
or (5) permitting or allowing any graffiti to remain on any building,
wall, fence or structure.
V. The
use of any premises for the purpose of illegal gambling, lewdness,
assignation, or prostitution as proscribed by State law or this Code.
W. The
maintenance, use, rental or lease of any premises, or subunit thereof,
including single-family dwellings, where persons are allowed to congregate,
gather or loiter in such a manner as to disturb the peace of other
persons lawfully on the property itself or lawfully in the vicinity
of the property.
X. The
use of any premises for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing or giving away any controlled substance,
precursor, or analog as those terms are defined by state law.
Y. Noise disturbances in violation of Chapter
8.40 of this Code.
Z. Maintenance
of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties.
AA. The
maintenance of any sidewalk or driveway located on private property
which is debilitated, broken, damaged, or raised to such a degree
as to be unsightly if it can be viewed from public property, or to
be injurious to property or injurious to persons using said driveway
or sidewalk.
BB. The
maintenance of property where buildings or structures have been left
boarded up for a period in excess of 10 days without a valid demolition
or building permit on file with the Huntington Beach Community Development
Department or abate said boarded up condition.
CC. The
maintenance of buildings or structures used or intended to be used
for dwelling purposes, storage or similar uses, because of dilapidation,
decay, damage, or faulty construction or arrangement, or otherwise,
is unsanitary or unfit for human habitation or use is in a condition
that is likely to cause injury or be detrimental to the health, safety,
or general welfare of those living in the area or within.
DD. The
maintenance of any building or portion thereof, including any dwelling
unit, guestroom or suite of rooms, or the premises on which the same
is located, in which there exists any of the following listed conditions
to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed
and hereby is declared to be a substandard building as defined in
Section 17920.3 of the
Health and Safety Code of the State of California.
(3386-3/98, 3398-7/98, 3997-11/13)
Nothing in the foregoing sections shall prevent the City Attorney
from commencing a civil or criminal proceeding to abate a public nuisance
under applicable provisions of the California
Civil Code or Penal
Code as an alternative to the proceedings set forth herein.
(3386-3/98, 3398-7/98)
The City Council may provide a reward, by resolution, for information
leading to the identification and apprehension of any person who applies
graffiti within the City. In cases where multiple persons are identified
and apprehended, based on a single graffiti incident, only one reward
is authorized.
(3765-4/07, 3777-10/07)