This chapter is adopted pursuant to the city's police powers;
Government Code Sections 38771 through 38773.7 and 53069.3, including
any successor statutes; and Civil Procedure Code Section 731, including
any successor statutes, for the purposes of identifying public nuisances;
authorizing abatement of such nuisances; and imposing criminal and
civil penalties upon persons for causing or permitting such public
nuisances. Nothing contained in this chapter is intended to, nor will
it, preclude the city from pursuing any other available civil or criminal
remedies concurrently or in addition to the proceedings established
by this chapter to enforce this code.
(Ord. 19-1090 § 6, 2019)
If a word is not defined in this chapter, then the applicable definitions in Title 19 or other specific cited code section shall apply. If a word is not defined, then the most common dictionary definition is presumed to be correct:
shall mean the City of West Hollywood, State of California,
referred to in the West Hollywood Municipal Code as the "city."
shall mean the West Hollywood City Council, referred to in
the West Hollywood Municipal Code as the "Council."
means any elevator, dumbwaiter, escalator, moving platform
lift, stairway chairlift, material lift or dumbwaiter with automatic
transfer device, automated people mover, or other equipment subject
to this chapter.
shall mean the Director of Community Safety, or other designee
as designated by the City Manager.
shall mean a Los Angeles County Sheriff's Department Deputy,
a City Code Enforcement Officer, or other designee as designated by
the City Manager.
shall mean the man-made features used in landscape architecture,
e.g. paths or walls, as contrasted with vegetation. This term includes,
but is not limited to, paved areas, driveways, retaining walls, sleeper
walls, stairs, walkways, and any other landscaping made up of hard-wearing
materials such as wood, stone, and concrete.
shall mean any real property on which a structure is located.
means any motor vehicle that is mechanically incapable of
being driven or prohibited from being operated on a public street
or highway pursuant to the provisions of Vehicle Code Sections 4000
(unregistered vehicles), 5202 (failure to display license plate),
24002 (unsafe conditions, improper equipment, load) and 40001 (all
violations apply to driving or operating on highways).
shall mean an area set aside from structures and parking/driveway
uses, which is developed to include predominately living, thriving,
trees, vines, shrubs, flowers, grasses, and other plants. Porous materials,
such as rock, mulch, decomposed granite, and synthetic turf, can be
used in conjunction with living plant materials; however, landscaped
areas must be predominantly of living materials and in compliance
with Title 19.
shall mean any man-made or natural material which is used
is the construction of and contributes to the structural integrity
of any structure.
shall mean the City of West Hollywood Municipal Code, as
it may be amended from time to time by the Council.
shall mean any device which assists the opening, closing,
or locking or unlocking of a door, garage door, or gate. This includes,
but is not limited to, call boxes, door phones, intercom systems,
and remote entry systems for multi-family properties.
shall mean the portion of the public right-of-way located
between the street curb and the sidewalk.
shall mean any individual or entity who an enforcement officer
determines is responsible for causing or maintaining a violation of
this code, or applicable state codes or causing or maintaining a public
nuisance. 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
of real property, the president or other head of a corporation or
a person authorized by a corporation to receive service of process
in a civil action, a business owner or manager of a business.
shall mean any land, and anything growing on, affixed to,
or built upon the land.
shall mean anything constructed or erected, the use of which
requires attachment to the ground or attachment to something located
on the ground. For the purposes of this chapter, the term "structure"
includes "buildings."
(Ord. 19-1090 § 6, 2019; Ord. 24-08, 4/1/2024)
Anything that is detrimental or injurious to health; is indecent;
offensive to the senses; obstructs the free use of property so as
to interfere with the comfortable enjoyment of life or property; or
obstructs the free passage or use in the customary manner of any public
park, sidewalk, parkway, street or highway is a public nuisance.
(Ord. 19-1090 § 6, 2019)
It is unlawful and it is declared to be a public nuisance for
any person owning, renting, leasing, occupying, or having charge or
possession of any property within the city to maintain such property
in such a manner that any of the conditions listed below are found
to exist. This section is not the exclusive definition or designation
of what constitutes a nuisance within this city. It supplements and
is in addition to other regulatory codes, statutes, and ordinances
enacted by the city, state, or any other legal entity or agency having
jurisdiction. Designated public nuisances include the following:
a.
Nuisances Possibly Dangerous to Children. The storing or
allowing the storage of any abandoned or broken appliances and equipment
or neglected machinery on private property or the parkway for any
length of time.
b.
Deteriorating and Defective Structures. Any and all improvements
located on private property shall be presumed to be in violation of
this section if any of the following conditions exist:
1.
Peeling
paint in excess of a total of four-square feet of the entire façade
(e.g., any exterior side) of a structure;
2.
Excessive
cracked or broken stucco or other exterior or interior covering as
determined by the Director;
3.
Structure
exteriors or interiors that are improperly maintained, neglected,
or damaged, or in need of repairs (e.g., weatherproofing, insect extermination
or water intrusion);
4.
Broken,
cracked, or missing windows or doors;
5.
Damaged,
poorly fitting, or missing window screens, or screens covering vent
areas (under floors, in ceilings), or damaged, poorly fitting screens
for entrance or balcony doors, or deteriorated metal security doors;
6.
Roofs
missing shingles, tile, or other material used as roof composition
or the material is loose or unstable;
7.
Roof
and flashing that is not sound, tight and weatherproof. Roof drainage
that fails to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts that
are not maintained in good repair and free from obstructions. Roof
water that is discharged in a manner that creates a public nuisance;
8.
Improperly
maintained awnings;
9.
Fences,
walls, posts, cross-members, slats, and gates that are not plumb and
true, not in good repair, rotted, fire damaged, have peeling paint,
broken bricks, broken mortar, cracked or broken stucco, or are not
constructed of materials treated in a uniform manner;
10.
Exterior gates, gate assemblies, operator systems if provided, hardware,
and latches that are not maintained in good repair or proper operating
condition;
11.
Unpainted structures experiencing dry rot, termite infestation, or
warping;
12.
Any decoration, design, device, graffiti, fence, structure, or clothesline
which is unsightly by reason of its condition or its inappropriate
location as determined by the Director or a designated City official;
13.
Faulty materials of construction in any improvements including those
materials which are not allowed or approved by the Building Code as
adopted by the city and as reported to the Director by the Building
Official, or which have not been maintained in a good and safe condition;
and
14.
A conveyance in a multi-unit residential building that the State
of California Division of Occupational Safety and Health, Elevator
Ride and Tramway Unit, or other agency designated by the Director,
has found to be inoperable, or not maintained in a proper, safe and
good working condition.
c.
Rodent, Insect, Pest Infestation. Harborage and infestation
of rodents, insects, and pests. When found, these conditions shall
be exterminated by a licensed professional in a manner that is not
injurious to human health. After extermination, documentation of treatment
by a licensed professional shall be provided to the Director, and
proper precautions and measures shall be taken to prevent future harborage
and infestation.
d.
Fire Hazard.
1.
All violations of applicable conditions of the Fire Code as adopted by the city in Municipal Code Section 14.04.010, and as reported to the Director by the Los Angeles County Fire Department.
2.
All
dry, dead shrubs, dead trees, combustible refuse and waste, or any
material growing or found upon public or private property, which by
reason of their size, condition, manner of growth, or location constitute
a fire hazard to any structure, improvements, crops, or other property,
or when dry will, in reasonable probability, constitute a fire hazard.
e.
Hazardous and Unsanitary Conditions.
1.
Accumulating,
discharging, or releasing any human or animal waste material or substances,
stagnant water, or any combustible or hazardous materials or substances,
fluid or solid on any part of or in any structure on real property.
f.
All violations of applicable conditions of the Health Code as adopted by the city in Municipal Code Section 7.04.010, and as reported to the Director by the Los Angeles County Department of Public Health, or any similar agency providing services to the city under the Health Code. Improper Parking or Storage of Goods, Equipment, and
Vehicles.
1.
Any violation of Section 19.28.030(C) (Location of Parking), Section 19.20.150(D)(4) (Storage), or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property.
2.
Using
or allowing use of any hardscape area for parking which prevents or
hinders access to elevators, entrances, exits, or trash receptacles
or blocks access to any structure for emergency vehicles or personnel.
3.
The
keeping or storing, or allowing the keeping or storage, of boats,
camper shells, inoperable vehicles, trailers, cargo containers, and
other equipment for more than seventy-two hours in the public right-of-way
without a permit, in yard areas or driveways in which storage is not
allowed, where the items are not screened from view of public streets
or highways.
g.
Inadequate or Faulty Mechanical Equipment.
1.
Lack
of safe, adequate heating facilities in any dwelling unit or units,
hotel, or motel.
A.
The use of space heaters as the primary source of heat shall not
be permitted without prior written consent from the Building Official.
2.
All violations of applicable conditions of the Mechanical Code as adopted by the city in Municipal Code Section 13.16.010, and as reported to the Director or designated city official by the Building Official.
3.
Mechanical
equipment and required screening, including vents, that does not conform
with all applicable laws in effect at the time of installation, or
which has not been maintained in good and safe condition.
h.
Inadequate or Faulty Plumbing.
1.
Lack
of plumbing fixtures required by the Building Code as adopted by the
city, as reported to the Director by the Building Official.
2.
All violations of applicable conditions of the Plumbing Code as adopted by the city in Municipal Code Section 13.12.010, and as reported to the Director by the Building Official.
3.
Plumbing
which does not conform with applicable laws in effect at the time
of installation or which has not been maintained in good condition
and free of cross connections.
4.
Every
plumbing stack, vent, waste and sewer line shall function properly
and be kept free from obstructions, leaks and defects.
5.
Grease
interceptors and automatic grease removal devices shall be maintained
in accordance with this code and the manufacturer's installation instructions.
Grease interceptors and automatic grease removal devices shall be
regularly serviced and cleaned to prevent the discharge of oil, grease,
and other substances harmful or hazardous to the building drainage
system, the public sewer, the private sewage disposal system or the
sewage treatment plant or processes. Records of maintenance, cleaning
and repairs shall be available for inspection by the Director upon
request.
i.
Inadequate or Hazardous Electrical Supply, Lighting, and Wiring.
1.
Lack
of required or improperly maintained electrical lighting or convenience
outlets in existing residential or commercial occupancies as reported
to the Director by the Building Official.
2.
Lack
of maintenance and repair of lighting fixtures inside dwelling units
and in common areas of residential and commercial structures, including
courtyards, garages, hallways, lobbies, parking areas and lots, public
toilets, and walkways.
3.
Broken,
malfunctioning, or improperly installed or maintained building entry
and intercom systems.
4.
All violations of applicable conditions of the Electrical Code as adopted by the city in Municipal Code Section 13.08.010, and as reported to the Director by the Building Official.
5.
Wiring
that does not conform to applicable laws in effect at the time of
installation or which has not been maintained in good condition and
used in a safe manner.
j.
Inadequate Sanitation and Ventilation.
1.
Lack
of hot or cold running water to plumbing fixtures as reported to the
Director by the Building Official.
2.
Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the city, in Municipal Code Section 13.04.010.
3.
Room
and space dimensions less than required by the Building Code as adopted
by the city.
4.
Dampness
in habitable rooms.
k.
Non-Maintenance of Landscape and Hardscape.
1.
A violation of Municipal Code Sections 11.16.060 (Obligation to Maintain), 11.16.070 (Cleaning of Sidewalks), 19.36.280(B)(5) (Front Yard Paving), 19.36.320(C) (Front Yard Paving), Chapter 19.26 (Landscaping Standards), and Chapter 19.28 (Off-Street Parking and Loading Standards), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways.
2.
Maintaining
or allowing the maintenance of private property or parkway with a
lack of adequate landscaping or ground cover sufficient to prevent
blowing dust or erosion, or allowing the landscaping on private property
or in a parkway to cause a hazard or inconvenience to pedestrians
using the public sidewalk.
3.
Maintaining
or allowing the maintenance of any paved areas for vehicle parking
and access, porches, steps, or walkways in a hazardous condition due
to cracked, raised, or missing surface materials.
l.
Overgrown, Dying or Dead Vegetation. Overgrown, dying or
dead vegetation on private property or within parkway areas. The following
additional requirement shall apply to all vegetation on private property
and within parkway areas:
1.
Groundcover,
weeds, and similar vegetation shall not be permitted to grow taller
than six inches.
2.
Dead
or fallen branches, palm fronds, or similar vegetation shall be promptly
removed from the ground or plant.
A.
Fallen leaves or other yard waste shall not be permitted to accumulate
on any paved surface. Use of leaves as mulch in dirt areas is exempt
from this requirement.
3.
Vegetation
shall be continuously trimmed back to ensure that it does not grow
within three feet of overhead power or utility lines.
4.
Vegetation,
excluding street trees, shall not be permitted to encroach on or obstruct
any portion of the street, alley, or sidewalk.
5.
Vegetation
shall not be permitted to grow in a manner that:
A.
Blocks, obstructs, or interferes with public improvements, streetlights,
or signage to any degree as determined by the Director;
B.
Obstructs a person's view, to any degree, of approaching or nearby
pedestrians or vehicles on public property;
C.
Obstructs any person's view, to any degree, of signs or traffic lights
on public property; or
D.
Obstructs access to, or use of, a sidewalk, street or highway, or
a public easement or dedication to any degree.
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A determination that vegetation on private property or on an
adjoining parkway is dead or dying may include, without limitation,
consideration of the following factors: any physical characteristic
of appearance evidencing a lack of proper watering or feeding; the
creation or promotion of a fire hazard by reason therefor; the existence
of an infestation of any kind that is injurious to such vegetation;
or when diseased or dying vegetation does not substantially respond
to remedial care. The city shall require replacement of dead or dying
vegetation and the abatement of such a condition. In this event, a
responsible person shall first obtain applicable permits and comply
with all applicable landscape regulations and requirements in the
Municipal Code.
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m.
Polluted Water. A pond, spa, swimming pool, fountain, or
other body of water which is abandoned, unattended, unfiltered, or
not otherwise properly maintained, resulting in polluted or stagnant
water. Such structures shall be covered or filled with soil to prevent
the accumulation of water. Standing water shall be immediately drained
or removed.
n.
Refuse and Waste. Refuse and waste material which by reason
of its location or character may constitute a fire hazard or threat
to the health, safety, and general welfare, including aesthetic impacts,
of the surrounding residential area. This includes maintaining or
allowing to be maintained refuse and waste materials on private or
public property. Compost piles are not considered refuse and waste.
o.
Structural Hazards.
1.
Deteriorated,
damaged, or inadequate foundations.
2.
Defective,
deteriorated, or inadequate size flooring or floor supports.
3.
Defective,
deteriorated, or inadequate size members of partitions, walls, or
other vertical supports.
4.
Defective,
deteriorated, damaged, or inadequate size ceiling, roof, or other
horizontal supports.
5.
Defective,
damaged, or inadequately constructed fireplace or chimney.
p.
Uninhabitable Buildings or Dwelling Units. Buildings or
dwelling units may be deemed uninhabitable if any of the following
conditions exist:
1.
Lack
of safe, potable water for more than seventy-two consecutive hours;
2.
Lack
of hot water for seventy-two hours;
3.
Lack
of a fixed, permanent heat source for more than thirty days;
4.
Lack
of electricity for seventy-two hours;
5.
Lack
of gas service for seventy-two hours;
6.
Any
substandard building condition listed in the California Health and
Safety Code Section 17920.3 where the condition is severe enough to
be unsafe for human habitation as determined by the Director or Building
Official.
q.
Vacant or Abandoned Properties. Vacant properties shall be maintained in compliance with all requirements found in this chapter and in Chapter 9.64 of the Municipal Code.
r.
Other Provisions of the Municipal Code. A violation of any
other provision of the Municipal Code or the Building Code as adopted
by the city that pertains to real property, structures, or which otherwise
concerns the public health, safety, and general welfare.
s.
Impact on Viability of Surrounding Area. To maintain or
fail to maintain property, or any structure on it, in a way that its
condition contributes to the establishment of a prevalence of depreciated
values, impaired investments, and social and economic maladjustments
to the extent that the capacity to pay taxes is reduced and tax receipts
are inadequate for the cost of public services rendered.
t.
Substandard Housing Conditions. To the extent not otherwise
articulated above, for residential property and dwellings, any condition
of a substandard building listed in California Health and Safety Code
Section 17920.3.
(Ord. 19-1090 § 6, 2019)
a.
Violation Notice. Upon inspection of a property where a
violation is identified, the Director may fill out a notice of violation,
indicating the sections that are violated and stating the specific
violation, the corrections required, as well as the required compliance
date in the appropriate spaces.
b.
Delivery of Notice. The Director shall give a copy of the
notice of violation to any person owning, renting, leasing, occupying,
or having charge or possession of the property who is present at the
time of inspection. If a person is not present, the Director may send
it by first-class or certified mail to the appropriate persons at
the last known address recorded through the Los Angeles County Assessor's
office or post a copy of the notice of violation on any real property
within the city in which the city has knowledge that the responsible
party has a legal interest. The service shall be deemed complete at
the time of deposit in the mail or when the notice was posted. Failure
of any person notified by mail or posting to receive the notice of
violation shall not affect the validity of any proceedings conducted
in compliance with this chapter.
(Ord. 19-1090 § 6, 2019)
The correction of any conditions described in this chapter shall
be performed in a way that conforms to the maintenance practices and
aesthetic standards of the surrounding neighborhood, maintains the
value and enjoyment of surrounding properties, and promotes the public
health, safety, and general welfare of the city.
a.
Code and Ordinance Compliance. Corrections of violations
and repairs shall comply with all applicable Building, Electrical,
Mechanical, and Plumbing Codes as adopted by the city, and city Zoning
Ordinance requirements, including all required permits and inspections.
b.
Manner of Repair. Corrections and repairs of violations
shall be performed in a sightly manner in recognition of manufacturer's
standards and, where applicable, in compliance with the standards
of workmanship of acknowledged trades and as deemed acceptable by
the Director.
c.
Conformity with Existing Materials. Exterior repairs and
corrections of violations shall conform with the materials and colors
of the complete structures being brought into compliance, unless otherwise
approved by the Director.
d.
Content. Colors, forms, materials, and shapes used as design
elements for any exterior repairs or corrections of violations shall
be uniform in content.
(Ord. 19-1090 § 6, 2019)
Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this chapter or who does not correct violations in compliance with the requirements of this chapter, is subject to the administrative penalty provisions of Municipal Code Section 1.08.030. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.
The city's authority to prosecute violations of this chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 1.32 (Abatement of Nuisances).
(Ord. 19-1090 § 6, 2019)
