Note: As to garbage, rubbish and weeds, see Ch. 6.08. As to license fees for junk businesses, junk dealers, and junk collectors, see Section 5.08.090.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them in this section:
"Front lot line"
means the line separating the front of the lot from the street. If a lot is bounded by more than one street, then the front lot line is the line most nearly facing the front of the main building on the lot; provided, that if there is no building on the lot the front lot line may be designated by the owner of the lot;
"Front yard"
means a yard extending across the full width of a lot and extending from the front lot line to the front foundation line, and its prolongations of the main building. If the lot is vacant, the front yard depth shall be 50 feet;
"Junk"
means any combustible or noncombustible nonputrescible waste, including, but not limited to, trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from lawns, shrubbery or trees, except when used for mulch or like agriculture purposes, household refuse other than garbage, lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures, tires or inner tubes, auto, aircraft or boat parts, plastic or metal parts or scraps, damaged or defective machinery, whether or not repairable, and damaged or defective toys, automotive equipment, recreational equipment or household appliances or furnishings, whether or not repairable;
"Lot"
means lot or parcel two acres or less in size;
"Lot used for residential purposes"
means a lot on which one or more dwellings are located;
"Rear lot line"
means the lot boundary line or lines most distant from and generally opposite the front lot line;
"Side lot line"
means any lot boundary line that is not a front or rear lot line.
(Ord. 5039 § 1)
No person shall accumulate junk:
A. 
On any lot that is not in his or her ownership or possession, unless he or she has permission from the owner of such lot to do so.
B. 
On any lot used for residential purposes, unless done in strict compliance with Section 6.12.040.
C. 
On any parcel of land adjacent to a lot used for residential purposes, except:
1. 
As a part of and incident to a lawfully established and conducted commercial or industrial enterprise; or
2. 
When done in strict compliance with Section 6.12.040.
D. 
On any lot or parcel that is not in strict compliance with Chapter 15.12, Stormwater Management and Discharge Control.
(Ord. 5039 § 2; Ord. NS-625 § 6, 2002)
A. 
No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes except in agricultural zones:
1. 
Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall which is constructed of nonflammable material and is not used for structural support of a building;
2. 
Within 15 feet of any rear lot line;
3. 
Within 10 feet of any side lot line;
4. 
In the front yard or in the street side yard of a corner lot.
B. 
No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes, except in accordance with all of the following regulations:
1. 
The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests;
2. 
The accumulation shall not be strewn about or maintained in an unsightly condition;
3. 
The accumulation shall be maintained so as not to constitute a fire hazard;
4. 
Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such accumulation, be stored in opaque containers;
5. 
The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare;
6. 
The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined in Chapter 15.12.
(Ord. 5039 § 3; Ord. NS-625 § 7, 2002)
This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard, motor vehicle storage or wrecking yard, or salvage yard conducted in a manner otherwise authorized by ordinance. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard or salvage yard.
(Ord. 5039 § 4)
This chapter does not prohibit the accumulation of used lumber, lumber scraps, tree and shrubbery trimmings or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly stacked and shall be maintained in accordance with the provisions of paragraphs 1 and 4 of subsection A, and paragraphs 1 through 3 of subsection B of Section 6.12.040.
(Ord. 5039 § 5)
The director shall determine whether or not a person is accumulating junk in such a manner as to constitute a violation of this chapter. In making such determination, the director may consider the nature, size and extent of the accumulation; the length of time the accumulation has been permitted to remain; whether, and to what extent the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship.
(Ord. 5039 § 6; Ord. 1261 § 9, 1983; Ord. NS-176 § 5, 1991; Ord. NS-625 § 7, 2002)
If the director determines that an accumulation of junk exists in violation of this chapter, the director shall give a written notice and order to the owner or to the occupant of the premises or, if such person cannot be located on the premises, to any person over the age of 18 years who is apparently in possession of the premises or, if there is no such person, then by mailing such written notice and order, postage prepaid, return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the county assessor. Such written notice and order shall be substantially in the following form:
You are hereby informed that the Director of the City of Carlsbad has determined that there is an unlawful accumulation of junk, contrary to Ordinance No. NS-625, on the following premises: ________ (street address or other designation of premises).
(Ord. 5039 § 7; Ord. 1261 § 9, 1983; Ord. NS-176 § 5, 1991; Ord. NS-625 § 9, 2002)
Any person served with a notice and order made pursuant to Section 6.12.080 may appeal to the City Council as provided in Section 6.12.100 and such appeal shall stay the effect of such notice and order until the City Council hears the appeal and issues its order modifying, vacating or affirming such notice and order. Such appeal and stay of the notice and order shall not relieve any person from liability or responsibility, criminal or civil, for maintaining an unlawful accumulation of junk and shall not stay or prevent the filing or prosecution of a criminal or civil action for the maintenance of such unlawful accumulation of junk.
(Ord. 5039 § 8)
Within a period of three days (exclusive of Saturdays, Sundays and holidays) following the service of written notice and order by the director pursuant to Section 6.12.080 the person ordered to remove the accumulation of junk may file with the City Clerk a written appeal from such notice and order. Such appeal shall contain the appellant's name, mailing address and a general statement of exceptions taken by the appellant to the notice and order. Upon receipt of an appeal, the City Clerk shall immediately notify the director and shall set such appeal for hearing before the City Council. Such clerk shall forthwith give written notice of the time, date and place of hearing to the director and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal. At the time, date and place indicated, the director shall produce evidence of the existence of the unlawful accumulation of junk which is the subject of the director's notice and order. The appellant may likewise produce relevant evidence. The City Council shall consider all relevant evidence produced at such hearing, and if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare the same to be a public nuisance. The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists, the City Council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the director. If the City Council does not find that a public nuisance exists, it shall vacate the order of the director, in which event the City Council need not make findings. In the event that the City Council determines that a public nuisance exists and orders the abatement thereof, the director shall serve the order of abatement in the manner described in Section 6.12.080, shall enforce the order, may supervise the abatement of the nuisance, if the director deems it necessary to do so, and may make such further orders in furtherance of such order of abatement as he or she deems necessary under the circumstances. Fees for filing an appeal under this section shall be established by resolution of the City Council.
(Ord. 5039 § 9; Ord. 1261 § 9, 1983; Ord. NS-176 §§ 2, 5, 1991; Ord. NS-625 § 10, 2002)
Failure to comply with the notice and order given by the Community and Economic Development Director pursuant to Section 6.12.080 or with the order of abatement given by the City Council pursuant to Section 6.12.100 constitutes a misdemeanor.
(Ord. 5039 § 10; Ord. 1261 § 9, 1983; Ord. NS-176 § 5, 1991; Ord. CS-164 § 14, 2011)