The purpose and intent of this chapter are as follows:
A.
To define
as public nuisances and violations those conditions and uses that
are detrimental to the public health, safety and welfare, that promote
blight, or which reduce property values in the city;
B.
To develop
regulations that will promote the sound maintenance of property and
the enhancement of conditions of appearance, habitability or occupancy,
and safety of all structures in the city;
C.
To facilitate the establishment of enforcement and nuisance abatement procedures in Chapter 5.08 of this code for the correction or abatement of public nuisances by responsible persons, or by city forces.
|
This chapter is not intended to be applied, construed or given
effect in a manner that imposes upon the city, or upon any officer
or employee thereof, any duty towards persons or property within the
city or outside of the city that creates a basis for civil liability
for damages, except as otherwise imposed by law.
|
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
As used in this chapter, the following definitions shall apply:
means and refers to any item that has ceased to be used for
its designed and intended purpose. Factors that may also be considered
in a determination of abandoned personal property include, without
limitation, present operability and functional utility, condition
of disrepair or damage, status of registration or licensing, where
applicable, age and degree of obsolescence, cost of rehabilitation
or repair versus its market value, and the nature of the area and
location of the item.
means a building or other structure that is vacant and is
maintained in a condition of partial construction, or disrepair or
deterioration, as discernible from a public right-of-way or adjoining
real property. Factors that may also be considered in a determination
of an abandoned structure include, without limitation, present operability
and functional utility, the duration of time that a structure has
remained partially constructed, whether permits for construction or
repair have expired or the number of renewals of a permit, the presence
of nonfunctional or missing doors or windows, such that entry therein
by unauthorized persons is not deterred, the duration of time or frequency
of occurrences that windows, doors or other portions of the structure
have been tarped, boarded up or barricaded, the existence or recurrence
of other nuisance conditions at the premises, the existence of real
property tax delinquencies for the land upon which the structure is
located, age and degree of obsolescence of the structure, and the
cost of rehabilitation or repair versus its market value.
means any condition, device, equipment, instrument, item
or machine that is unsafe, unprotected and may prove detrimental to
children whether in a structure, on the premises of a building, or
on an unoccupied lot. This includes, without limitation, any abandoned
or open and accessible wells, shafts, basements or excavations; any
abandoned refrigerators and abandoned or inoperable motor vehicles;
any structurally unsound fences or structures; or, any lumber, trash,
fences, debris or vegetation which may prove hazardous or dangerous
to inquisitive minors. An attractive nuisance shall also include pools,
standing water or excavations containing water, that are unfenced
or otherwise lack an adequate barrier thereby creating a risk of drowning,
or which are hazardous or unsafe due to the existence of any condition
rendering such water to be clouded, unclear or injurious to health
due to, without limitation, any of the following: bacterial growth,
infectious or toxic agents, algae, insect remains, animal remains,
rubbish, refuse, debris, or waste of any kind.
means that portion of property between the back of the primary
residential structure and the rear property line.
means and includes any condition or use that is a public
nuisance or which is otherwise hazardous or detrimental to public
health, safety or welfare, or that reduces the aesthetic appearance
of a neighborhood or that diminishes nearby property values.
means any structure having a roof supported by columns or
walls used or intended to be used for the shelter or enclosure of
persons, animals or property.
means the city of San Bruno.
means the city manager or duly authorized representative(s).
refers to the San Bruno Municipal Code and laws incorporated
therein by reference and any adopted and uncodified ordinances.
means any individual employed by the city with primary enforcement
authority for city codes, or duly authorized representative(s).
means that portion of property between the abutting front
street and the primary building or residential structure.
means the city employee or representative appointed or designated
by the city manager to hear all timely appeals from an administrative
citation.
means and includes, without limitation, any vehicle that
is immobilized or mechanically incapable of being driven on a highway.
Factors that may be used to determine this condition include, without
limitation, vehicles lacking a current registration (a DMV certificate
that the vehicle is registered as non-operational is insufficient
to meet this factor), a working engine, transmission, wheels, tires,
doors, windshield or any other part or equipment necessary for its
legal and safe operation on a highway or any other public right-of-way.
means any abandoned, cast-off, damaged, discarded, junked,
obsolete, salvaged, scrapped, unusable, worn-out or wrecked article,
object, thing, material, or part thereof. Examples of junk include,
without limitation, furniture, household appliances, inoperative vehicles,
pallets, packing boxes, tires, trash, debris or other form(s) of personal
property that is unsightly by reason of its condition or inappropriate
location.
means any property on which any junk is abandoned, bailed,
bartered, bought, brought, bundled, deposited, disassembled, disposed
of, exchanged, handled, kept, stored or transported, regardless of
whether or not such activity is done for profit or other form of benefit.
means and includes any person having legal title to, or who
leases, rents, occupies or has charge, control or possession of, any
property in the city, including all persons identified as owning property
as shown on the last equalized assessment roll of the San Mateo County
assessor's office. An owner of personal property shall be any person
who has legal title, charge, control or possession of such property.
as used in this chapter, means and includes any individual,
partnership of any kind, corporation, limited liability company, association,
joint venture or other organization, however formed, as well as trustees,
heirs, executors, administrators, or assigns, or any combination of
such persons. "Person" also includes any public entity or agency that
acts as an owner in the city.
means property that is not real property, and includes, without
limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
means any real property, or improvements thereon, or portions
thereof, as the case may be. "Property" includes any parkway or unimproved
public easement abutting such real property.
means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions enumerated by the city council in Section 5.04.030 of this chapter are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, license or permit.
means any person, whether as an owner as defined in this
chapter, or otherwise, that allows, causes, creates, maintains, or
permits a public nuisance, or any violation of the San Bruno Municipal
Code or state law, to exist or continue, by any act or the omission
of any act or duty. A responsible person may also be referred to as
a "citee" in conjunction with an administrative citation.
means that portion of property between the side of the building
or residential structure and the property line.
means that which is built or constructed, an edifice or building
of any kind, as well as fixtures attached or appurtenant thereto.
Structure includes any kind of work artificially built up or composed
of parts joined together in some definite manner.
when referred to as "overgrown," means and includes:
Vegetation likely to harbor rats, vermin and other nuisances;
Vegetation causing detriment to neighboring properties, or out
of conformity with neighboring community standards to such an extent
as to result in a diminution of property values;
Vegetation causing or adding to a fire hazard, including, without
limitation, plants, hedges, shrubs or trees growing on or upon the
roof of any structure, or within such close proximity of a roof structure
so as to constitute a fire code violation;
Lawns in front, side or rear yards of residential properties
with grasses in excess of six inches in height.
when referred to as "dead, decayed, detrimental, diseased
or hazardous," means and includes neglected, poorly watered or unwatered,
or otherwise uncared for, trees, weeds, ground cover, shrubs, hedges,
plants and other vegetation that cause or contribute to any one of
the following conditions:
A danger or detriment to public health, safety and welfare;
A detriment to nearby property, or the value thereof;
Causing or adding to a fire hazard;
The creation or promotion of dust or soil erosion;
Unattractive or unsightly appearance that is contrary to community
standards as established by surrounding or nearby properties.
means any device by which any person or property may be propelled,
moved, or drawn upon a highway or other public right-of-way. "Vehicle"
does not include devices: (1) that are propelled exclusively by human
power such as bicycles and wheelchairs, or (2) those that are used
exclusively upon stationary rails or tracks.
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
The city council finds and declares that it is a public nuisance
and unlawful for any person to allow, cause, create, maintain, or
permit others to maintain, property in the city in such a manner that:
A.
A public
nuisance exists thereon as defined by California Civil Code Section
3479, or by Civil Code Section 3480; or
B.
Any
one or more of the following conditions or uses are found to exist
thereon:
1.
Nuisance
Conditions Present on Improved and Unimproved Land and Visible From
Public or Private Property.
a.
Land, the topography, geology or configuration of which, whether
in a natural state or as a result of the grading operations, excavation
or fill, causes erosion, subsidence, or surface water drainage problems
of such magnitude, or any other condition thereon, as to be injurious
or potentially injurious to the public health, safety and welfare,
or to adjacent properties,
b.
Abandoned personal property,
c.
An accumulation or storage of junk or other items of personal property
that constitutes a fire or safety hazard, or is likely to harbor or
promote the presence of rats and vermin, or is offensive to the senses,
or that is detrimental to nearby property(ies) or persons, or to property
values,
d.
Vegetation that is overgrown or dead, decayed, detrimental, diseased
or hazardous,
e.
An attractive nuisance,
f.
The parking or storage on residentially zoned property of more than
one of any of the following operable items: boats, trailers, campers,
recreational vehicles, or similar forms of personal property. In no
event, however, shall any such item be parked or stored on any portion
of property, except within a lawfully erected garage, or on a city-approved
driveway,
g.
The parking or storage of boats, trailers, campers or recreational
vehicles on nonresidential properties in such a manner as to reduce
or obstruct designated or required parking spaces, except as expressly
allowed under Title 12 (Land Use) of the San Bruno Municipal Code,
h.
The presence of abandoned, dismantled or wrecked trailers, campers, RVs, boats, or similar forms of personal property, or parts thereof, as well as inoperable vehicles, motorcycles or recreational vehicles, except as expressly allowed under Chapter 7.36 (Abandoned or Inoperable Vehicles) and Title 12 (Land Use) of the San Bruno Municipal Code,
i.
Commercial vehicles exceeding the gross vehicle weight allowed by
city codes or state law, construction equipment, or machinery of any
type or description parked or stored without a permit on residentially
zoned property, except during excavation, construction or demolition
operations pursuant to an active building permit in progress on the
subject property or on adjoining property,
j.
Any personal or real property maintained in such a manner as to result
in a pooled-oil accumulation on land, oil or petroleum-based products
flowing onto public rights-of-way, or accumulations of grease, oil,
or petroleum-based products of any kind on paved surfaces, buildings,
walls or fences,
k.
The placement or storage on land of hazardous or toxic materials
or substances, as so classified by any local, state or federal laws
or regulations, in such a manner as to be contrary to law or regulation,
or injurious or potentially injurious to the public health, safety
or welfare, or to adjacent properties,
l.
The stacking or storage of any combustible material, including, but
not limited to, wood, wood chips, tree trimmings or cuttings, composting,
firewood, and any material which would increase or may cause an increase
of the hazard or menace of fire, in front yards or side yards, or
prohibited portions of rear yards, or on any portion of public property.
Stacking or storage of such combustible materials is permissible only
in the rear yard at a distance of at least three feet or more from
any and all sides of a structure, subject to any additional storage
requirements or regulations contained in the San Bruno Municipal Code.
For purposes of this section, any measurement shall be made from the
nearest point of the nearest structure's exterior,
m.
Stacking or storage of any organic or synthetic material, fuel, or
other materials, including but not limited to, wood, wood chips, tree
trimmings or cuttings, tires, automobile or other mechanical parts,
junk, trash, debris, or salvage materials, or any other personal property,
within ten feet, or a greater distance as may be required by state
or federal law, of any creek, stream, canal or other waterway originating
or terminating outside any portion of private or public property where
the materials are stored. Stacking or storage is permissible only
in the rear yard at a distance of at least three feet or more from
any and all sides of a building, subject to any additional storage
requirements or regulations contained in this code. For purposes of
this section, measurement shall be made from the nearest point of
the nearest structure's exterior, as well as from the nearest point
of the nearest bank or edge of such creek, stream, canal or other
waterway,
n.
Throwing or depositing materials or any other substance into any
creek or channel as prohibited by any local, state or federal law
or regulation,
o.
Maintenance of any tarp or similar covering over any graded surface
or hillside, except in the following circumstances:
i.
A state of emergency has been declared by local or state officials
directly impacting the area to be tarped,
ii.
Tarping performed pursuant to an active building or grading permit,
iii.
Tarps installed or maintained during the period from December 1st
through March 30th of each year, when required due to forecasted rain
or other weather likely to damage or erode the hillside or graded
surface,
p.
Garbage cans or containers and recycling containers stored in front
or side yards and visible from public rights-of-way, except at times
that garbage or rubbish is scheduled for collection by the city or
its permitted collector, or except as permitted by the city manager
or designee due to the configuration of the property;
2.
Nuisance
Conditions Pertaining to Structures.
a.
Buildings or other structures that are partially destroyed, partially
constructed or allowed to remain in a state of partial construction
or neglect for an unreasonable period of time. As used herein, an
"unreasonable" period shall mean the absence of substantial progress
in repairs or construction for a period of thirty days after city
notification to a responsible person of the existence of a public
nuisance,
b.
Building interiors or exteriors, walls, other structures, driveways,
sidewalks, walkways and parking areas that are maintained in such
a manner as to become so defective, unsightly, or in such condition
of deterioration or disrepair that they cause depreciation of the
values of surrounding property(ies) or are materially detrimental
to nearby properties and improvements,
c.
Any building or structure possessing a condition that diminishes,
impairs, reduces, compromises or threatens its structural integrity,
design or safety,
d.
The use of any building or structure in a manner for which it was
not designed, intended, built, permitted or approved by the city,
or building, altering, repairing, removing or demolishing without
a building permit if a building permit is required by city or other
law, including, but not limited to, California Residential Code Section
105.1,
e.
The placement in a structure of hazardous or toxic materials or substances,
as so classified by any local, state or federal laws or regulations,
in such a manner as to be contrary to law or regulation, or injurious
or potentially injurious to the public health, safety or welfare or
to adjacent properties,
f.
Broken, defective, damaged, dilapidated, or missing windows or doors
in a structure,
h.
Any automobile service station that is closed or inoperative for
a period exceeding sixty consecutive days or one hundred eighty calendar
days in any twelve-month period. The determination that an automobile
service station is "closed" for such periods may, without limitation,
be evidenced by any of the following: (i) the failure of any business
owner or operator to engage in any business activity that is permitted
pursuant to Title 12 (Land Use) of the city's code, (ii) the absence
of a current business license, or (iii) the premises are vacant with
respect to any business owner or operator, or employees thereof. "Inoperative"
is defined as the failure to sell gas, either retail or wholesale,
during said periods; however, stations that do not sell gas because
they are undergoing active environmental remediation with current
local or state permits shall not be considered a nuisance provided
such remediation does not exceed a period of six months from date
of issuance of said permit(s),
i.
Any form of an abandoned structure,
j.
Specialty structures that have been constructed for a specific single
use only, and which are unfeasible to convert to other uses, and which
are abandoned, partially destroyed or are permitted to remain in a
state of partial destruction or disrepair. Such specialty structures
include, but are not limited to, the following: tanks for gas or liquid(s),
lateral support structures and bulkheads, utility high-voltage towers
and poles, utility highrise support structures, electronic transmitting
antennas and towers, structures which support or house mechanical
and utility equipment and are located above the roof lines of existing
buildings, high-rise freestanding chimneys and smokestacks, and recreational
structures such as tennis courts and cabanas,
k.
Causing, maintaining or permitting graffiti as defined in Section 5.16.010 (Definitions) of this code to remain on any building, facility, structure, or portion thereof that is visible from a public right-of-way or from adjoining property,
l.
The use in any zoning district of the city, of barbed wire, concertina
wire, razor-cut wire or other such similar fencing material, and other
cutting or puncturing materials placed on the top of fences such as
cut glass or nails, except as allowed in commercial car industrial
structures authorized by the city by permit issued by the community
development director,
m.
Failure to provide adequate weather protection to buildings or other
structures, as evidenced by, without limitation, cracked, peeling,
warped, rotted, or severely damaged paint, stucco or other exterior
covering, or roofs with missing, deteriorated or damaged portions,
n.
Maintenance of any tarp or similar covering for an unreasonable period
of time over any roof of any structure, except in case of rain, or
when specifically permitted under an active roofing or building permit.
"Unreasonable" means its presence for a period exceeding five days
following the cessation of rain or the expiration of a roofing or
building permit;
3.
Other
Nuisance Conditions.
a.
Any form of obstruction or encroachment on any public property without
a permit, including, but not limited to, any public street, public
alley, highway, right-of-way, park, building, or other land or structure
dedicated to public use or used by the public,
b.
Any condition or use recognized in local or state law or in equity
as constituting a public nuisance, or any condition or use existing
on property that constitutes blight, or is a health or safety hazard
to the community or neighboring properties,
c.
Any discharge of any materials other than storm water to the city
storm sewer system in violation of San Bruno Municipal Code,
d.
Any wall or fence, or portion thereof, that is in a condition of
dilapidation or disrepair, including, without limitation, those that
severely lean or list more than fifteen degrees from perpendicular,
or are in danger of collapse or falling over due to the elements,
pest infestation, dry rot, or other damage,
e.
Unsanitary, polluted or unhealthful pools, ponds, standing water
or excavations containing water that are not attractive nuisances
but which are nevertheless likely to harbor mosquitoes or other insects.
The likelihood of insect harborage is evidenced by any of the following
conditions: water which is unclear, murky, clouded or green, water
containing bacterial growth, algae, insect larvae, insect remains,
or animal remains, or bodies of water which are abandoned, neglected,
unfiltered or otherwise improperly maintained,
f.
The creation, generation, release or discharge of particulates, dust,
other emissions, or fumes in any manner that is prohibited by local,
state or federal law,
g.
The feeding of wild animals resulting in their creating a public
nuisance;
h.
Any violation of any other provision of the San Bruno Municipal Code,
including, without limitation, Title 7 (Vehicles and Traffic), Title
8 (Streets, Sidewalks, and Rights-of-Way), Title 11 (Buildings, Construction
and Fire Protection), and Title 12 (Land Use), or of any state law.
(Ord. 1664 § 2, 2002; Ord. 1753 § 1, 2008; Ord. 1881 § 3, 2020)
Subject to, and in addition to any other provision of this code,
the following are nuisances to the public health:
A.
All
ponds, pools or vessels holding stagnant water in which mosquitoes
may breed, or which may generate noxious or offensive gases or odors;
B.
Improperly
covered accumulations of manure or rubbish which are breeding places
for flies, mosquitoes or vermin, or which give forth offensive odors;
C.
Dense
smoke, noxious fumes, gas, soot or cinders in such quantities as to
render the occupants of property uncomfortable to a person of ordinary
sensibilities (burning of treated wood, not specifically intended
for burning in residential fireplaces or stoves, or of household trash
may be deemed a violation of this provision); and
D.
All
acts, conditions, occupations and uses of property which are in violation
of the Health and Safety Code of the state.
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
It is a public nuisance for any person owning, leasing, occupying
or having charge or possession of real property in the city to maintain
or permit to be maintained such property in such a manner that any
of the following conditions which constitute a hazard to the public
health, safety or welfare exist thereon:
A.
Uncompacted
rocks, broken concrete or asphalt or other hazardous materials which
will, or may be, injurious to the public health, safety and welfare;
B.
Property
maintained in a manner so as to cause a hazard to the public by obscuring
visibility at intersections;
C.
Property
that constitutes a fire hazard by increasing the risk of fire more
than normally acceptable or by obstructing or hindering or potentially
obstructing or hindering fire department personnel and/or their equipment
during emergency situations;
D.
Signs
maintained in a broken, hazardous or dangerous condition, not securely
fastened to buildings;
E.
Surface
area, including, but not limited to, parking areas, walkways and sidewalks,
maintained in a dangerous or hazardous condition;
F.
Earth
movement, conditions of soil and earth within sloped areas, rainwater
falling from any surface or building, or surface or subterranean water
drainage problems, of such magnitude as to be injurious or potentially
injurious to the public or adjacent properties by flowing upon or
across any properties, public streets or public rights-of-way, whether
caused by grading operations, excavations or fill, or as a result
of the topography, geology or configuration of the land in its natural
state;
G.
Storage of trailers, campers, boats, RVs, motorcycles, or other mobile equipment in an inoperable condition, (as defined in this Chapter), except as allowed by Chapter 7.36 (Abandoned or Inoperable Vehicles) or Title 12 of this code, or use of such vehicles on a premises for purpose of eating, sleeping, working or living.
I.
The
presence of any object, whether natural or manmade, which, whether
in its accepted condition or that in which it is allowed to remain,
is attractive to children and in which potential hazards exist, such
as:
J.
Broken
or discarded furniture or other household equipment placed in front
yard areas, including driveways, and required side yard areas.
L.
Landscaping
which is required by this code or for which a permit has been issued
hereunder, which is negligently maintained or permitted to become
overgrown and unsightly.
M.
Accumulation
of debris, vegetation or overgrowth, the presence of which causes
a fire hazard.
N.
Allowance
of the placement or growth of any tree or shrub thereon subsequent
to the installation of a solar collector on the property of another
so as to cast a shadow greater than ten percent of the collector absorption
area upon the solar collector between the hours of ten a.m. and two
p.m., local standard time, in violation of Section 25982 of the Public
Resources Code.
O.
Maintenance
of premises in such condition as to be detrimental to the public health,
safety or general welfare, or in such manner as to constitute a public
nuisance.
P.
Property
that is unsightly or in such condition of deterioration or disrepair
that the same causes appreciable diminution of the property values
of surrounding properties and improvements.
Q.
Maintenance
of valley or "V" or similar ditches and facilities for drainage purposes
on the property that are blocked, damaged, broken, dammed or otherwise
modified such that they no longer reasonably serve their intended
purposes, thereby endangering the subject and surrounding properties
and improvements.
R.
Unlawful
outdoor storage as set forth below:
1.
The
accumulation of abandoned, discarded or dilapidated objects, including,
but not limited to, junk, vehicle parts and equipment, machine parts,
scrap material, appliances, furniture, household equipment and furnishings,
shopping carts, containers, packing materials, scrap metal, wood,
plant cuttings, rubbish and debris or similar matter which constitutes
a threat to the health or safety of any person or renders any premises
unsightly and detrimental to the general public welfare. Nothing in
this section shall be construed as prohibiting the orderly outdoor
storage of business related materials and inventory where permitted
by applicable zoning designation and/or conditional use permit.
2.
The
accumulation of dirt, sand, gravel, concrete, litter, debris or other
similar material on the property.
3.
Attractive
nuisances visible from a public street, dangerous to those members
of the public unable to discover the nuisance condition or recognize
its potential danger, including, but not limited to, machinery, equipment,
refrigerators and freezers, pools, ponds and excavations, abandoned,
broken equipment, any unstable structure or accumulated lumber, broken
or discarded furniture or household equipment, as well as all other
items and conditions identified in Penal Code Section 402b (Refrigerators,
washing machines).
4.
Materials
or other items stacked in a manner as to be visible from the street
above any fence. Nothing in this section shall be construed as prohibiting
the orderly outdoor storage of business related materials and inventory
above fence height where permitted by applicable zoning designation
and/or conditional use permit.
5.
The
placement of items of business inventory, refuse containers, equipment,
vehicles or obstruction on the street or sidewalk.
6.
Materials
stored or stacked on commercial or industrial property in a disorderly
manner in view of the street in zoning districts where outdoor storage
is permitted.
7.
Any condition that constitutes a violation of Chapter 10.18 (Storm Water Management and Discharge Control).
8.
Camper
shells stored for more than seventy-two hours that are visible from
public or private property.
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
It is a public nuisance for any person owning, leasing, occupying
or having charge or possession of any real property in the city to
maintain or permit to be maintained any building or structure in such
a manner that any of the following conditions or defects exist to
the extent that the life, health, property or safety of the public
or its occupants are endangered:
A.
Whenever
any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size, or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic;
B.
Whenever
the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half times the working
stresses allowed in Title 11 of the San Bruno Municipal Code or code
provisions cited therein for new buildings of similar structure, purpose
or location;
C.
Whenever
any portion thereof has been damaged by fire, earthquake, wind, flood
or by any other cause, to such an extent that the structural strength
or stability thereof is materially less than it was before such catastrophe
and is less than the minimum requirements of Title 11 of the San Bruno
Municipal Code or code provisions cited therein for new buildings
of similar structure, purpose or location;
D.
Whenever
any portion or member or appurtenance thereof is likely to fail, to
become detached or dislodged or to collapse and thereby injure persons
or damage property;
E.
Whenever
any portion of a building, or any member, appurtenance or ornamentation
of the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting a wind pressure of one-half of that specified in Title
11 of the San Bruno Municipal Code or code provisions cited therein
for new buildings of similar structure, purpose or location without
exceeding the working stresses permitted in Title 11 of the San Bruno
Municipal Code or code provisions cited therein for such buildings;
F.
Whenever
any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction;
G.
Whenever
the building or structure, or any portion thereof, because of: (1)
dilapidation, deterioration or decay; (2) faulty construction; (3)
the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (4) the deterioration,
decay or inadequacy of its foundation; or (5) any other cause, is
likely to partially or completely collapse;
H.
Whenever,
for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used;
I.
Whenever
the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base;
J.
Whenever
the building or structure, exclusive of the foundation, shows thirty-three
percent or more damage or deterioration of its supporting member or
members, or fifty percent damage or deterioration of its nonsupporting
members, enclosing or outside walls or coverings;
K.
Whenever
the building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to become:
L.
Whenever
any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure provided by the building regulations
of the city, as specified by Title 11 of the San Bruno Municipal Code
or code provisions cited therein, or of any law or ordinance of the
state or city relating to the condition, location or structure of
buildings;
M.
Whenever
any building or structure which, whether or not erected in accordance
with all applicable laws or ordinances, has in any nonsupporting part,
member or portion, less than fifty percent, or in any supporting part,
member or portion less than sixty-six percent of the: (1) strength,
(2) fire-resisting qualities or characteristics, or (3) weather-resisting
qualities or characteristics required by law in the case of a newly
constructed building of like area, height and occupancy in the same
location;
N.
Whenever
a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, air
or sanitation facilities, or otherwise, is determined by the authorized
representative of the Office of Environmental Health of the Department
of Health and Welfare of the county of San Mateo to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease;
O.
Whenever
any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connection or heating apparatus
or other cause, is determined by the fire marshal to be a fire hazard;
P.
Whenever
buildings, fences or other structures which are or have been abandoned,
boarded up or permitted to remain in a state of partial construction
for an unreasonable length of time (in no event greater than six months)
where continuation of the condition constitutes an attractive nuisance,
hazard to the public or inviting trespassers and malicious mischief;
Q.
Whenever
any portion of a building or structure remains on a site after the
demolition of the building or structure;
R.
Whenever
buildings are in a condition, whether painted or unpainted, causing
or tending to cause dry rot, warping or termite infestation;
S.
Whenever
buildings are in a condition with windows containing broken glass
or no glass at all, where the window is of a type which normally contains
glass to keep buildings weather tight, constituting hazardous conditions
and inviting trespassers and malicious mischief;
T.
Whenever
buildings are in a condition where they are unpainted, have lead paint
or where the paint on the building exterior is cracking, peeling,
chalking or mostly worn off;
U.
Whenever
awnings, covers, canopies, umbrellas, screens or other window coverings
or building structures are damaged, torn, severely faded, rusted,
bent, unpainted or in some state of disrepair;
V.
Whenever
there exists any barbed wire or razor ribbon fences within four feet
of any public sidewalk or street right-of-way and at a height of less
than eight feet from ground level; or any wire, twine or rope fences
consisting of one or more strands, less than three feet in height
and within three feet of any public sidewalk; or any electric fences
or any fences or walls with pieces of glass or other sharp objects
(not including barbed wire) embedded or affixed to the top thereof;
W.
Whenever
fences or other structures on private property abutting, fronting
upon or visible from any public street or neighboring property, are
sagging, leaning, fallen, decayed, extending into the public right-of-way
or other dilapidated or unsafe condition;
X.
Whenever
graffiti or other words, lettering or drawings remains on the exterior
of any building, vehicle, object or fence for an unreasonable length
of time; and
Y.
Whenever
any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
It is unlawful for any person owning, leasing, renting, occupying
or having charge or possession of any private property in the city
to use, maintain or allow to be maintained such property for any purposes
so as to create any of the following conditions on adjacent or contiguous
public property, except as may be allowed by this code:
A.
Outdoor
Storage, Operations or Encroachment:
1.
The
tracking or discharge of mud, dirt, sand, gravel and concrete onto
the street or public right-of-way;
2.
The
spilling of debris, including trash, paper, wood, plant cuttings and
other vegetation, onto the street or other public right-of-way;
3.
Vehicles
and/or other materials associated with business activity stored on
the street or in the public right-of-way; and
4.
The
existence of any condition or use which unlawfully obstructs the free
passage or use in the customary manner of any navigable stream, river,
canal bay or basin or any public park, square, street, highway, lane
or sidewalk.
B.
Miscellaneous.
Any other condition or use of property which gives rise to a reasonable
determination that the effect of said use or condition on adjacent
public property represents some threat to the health and welfare of
the public by virtue of its unsafe, dangerous or hazardous nature,
or which is so out of harmony with the standards of properties in
the vicinity so as to cause substantial diminution of the enjoyment,
use or property values of such properties.
(Ord. 1664 § 2, 2002; Ord. 1881 § 3, 2020)
