(a)
Any
use of property in a manner that is not in compliance with the provisions
of this title or that violates any other provision of this Code is
a public nuisance. It is hereby declared to be a nuisance to make,
cause, or permit to be made or caused on any premises any action that
is physically annoying to persons of ordinary sensitivity or that
is so harsh or so prolonged or unnatural or unusual in its use, time,
or place as to occasion physical, mental, or emotional discomfort
in a person of ordinary sensitivity.
(b)
General performance standards. The following requirements apply to the use of land throughout the City. Any violation of these performance standards is a public nuisance and is subject to abatement under to Section 9-1.201 and other applicable provisions of law.
(1)
Vibration. The generation of vibration of a duration and intensity
so as to be excessive, disturbing, or objectionable to persons of
ordinary sensibility located offsite, shall not be permitted.
(2)
Temperature. No operation or activity shall emit heat or cold which
would cause a temperature increase or decrease on any adjacent property
in excess of 10 degrees Fahrenheit, whether the change is in the air,
on the ground, or in any structure.
(3)
Illumination. No operation, activity, sign, or lighting fixture shall
create illumination on adjacent property that exceeds one foot-candle,
whether the illumination is direct or indirect light from the source.
(4)
Odor. No operation or activity shall be permitted to emit odorous
gases or other odorous matter in such quantities as to be dangerous,
injurious, noxious, or otherwise objectionable, which is detectable,
with or without the aid of instruments, at or beyond the property
line.
(5)
Electronic disturbance. No operation or activity shall cause any
source of electrical or electronic disturbance that adversely affects
persons or the operation of any equipment on any other lot or that
is not in conformance with the regulations of the Federal Communications
Commission.
(6)
Air pollution. No operation or activity shall cause the emission
of any smoke, fly ash, dust, fumes, vapors, gases, or other forms
of air pollution which can cause damage to health, animals, vegetation,
or other forms of property, or which can cause excessive soiling on
any other lot. No emission shall be permitted which exceeds the requirements
of the South Coast Air Quality Management District.
(7)
Flammable and explosive material. Any operation or activity involving
the storage of flammable or explosive materials shall be provided
with adequate safety devices against the hazard of fire or explosion,
and adequate fire fighting and fire suppression equipment and devices
in accordance with the requirements of the Orange County Fire Authority.
Burning of waste materials in an open fire is prohibited.
(8)
Radioactive materials. No operation or activities shall be permitted
which result at any time in the release or emission of any fissionable
or radioactive materials into the atmosphere, the ground, or sewer
system.
(9)
Runoff and water quality. No operation or action shall discharge
at any point into any public or private street, public or private
sewer, stream, body of water, or into the ground, any materials of
such nature or temperature as can contaminate any water supply, interfere
with bacterial processes in sewage treatment, or otherwise cause the
emission of dangerous or offensive elements, except in accordance
with applicable standards approved by governmental agencies having
jurisdiction. All grading, grubbing, clearing, soil disturbance, and/or
construction operations shall comply with the erosion control and
best management practices of the City’s current permit for the
National Pollution Discharge Elimination System (NPDES), as it may
be amended from time to time.
(10)
Noise. Generation of any noise not in conformance with applicable noise provisions of the Municipal Code, including Sections 5-21.04(c), 5-30.01, and 9-3.531 of this title.
(Ord. No. 938, § 2, 2008; Ord. No. 1042, § 14, 2017)
