For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Building"
means any house, garage, duplex, apartment, condominium, stock cooperative and other residential and nonresidential structures, including, but not limited to, commercial and industrial structures.
"City"
means the city of Lathrop.
"Front yard"
means a yard extending along the full length of the front line between the side lot lines, including that portion of the yard between the street and the building or fence extending from the building to the side lot line.
"Mobilehome"
means a vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units, to be used without a permanent foundation, and which is at least eight feet in width and 40 feet in length.
"Owner"
means any person owning property, as shown on the last equalized assessment roll for city taxes, and the lessee, tenant or other person having control or possession of the property.
"Person"
means any individual, partnership, corporation, association or other organization, however formed.
"Property"
means all nonresidential zoned real property and any building located on such property (referred to as "nonresidential property"). Property shall include front yards, the unfenced portion of back yards of corner lots, driveways, walkways, and sidewalks of all residential real property, and shall include any building located on such property (referred to herein as "residential property"). This definition shall also apply to residential and nonresidential property that is vacant.
"Rear yard"
means a yard extending along the full length of the rear lot line between the side lot lines, including that portion of the yard between the building and the rear lot line.
"Recreational vehicle"
means a motor home, travel trailer, truck camper or camping trailer with or without motive power, or any other vehicle designed for human habitation for recreational or emergency occupancy.
"Responsible person"
means a person, other than the owner of a property, who occupies the property and has control of it by lease agreement, rental agreement, or verbal agreement.
"Side yard"
means a yard extending along a side lot line from the front to the rear yard, including that portion of the yard between the building and the side lot line behind any fence extending from the building to the side lot line.
"Utility trailers"
means a utility trailer is a trailer with or without axles used to transport tools, equipment, devices, trash or any other commodity or substance.
"Yard"
means an open space of uniform width or depth on the same land with buildings, which open space lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward except as otherwise provided herein. In measuring a yard, as hereinafter provided, the line of a building is a line parallel to the nearest lot line, drawn through the point of a group of buildings nearest to such lot line.
(Ord. 98-156)
A. 
Control of Dust Required. Any person, firm or corporation, either as a principal or an employee working on construction projects throughout the city, shall be responsible for controlling dust which is generated by wind or traffic, as a result of construction in progress. Use of water or approved dust palliatives shall be permitted for the alleviation or prevention of a dust nuisance.
B. 
Dust Control With Water.
1. 
Water shall be sprayed on the construction site, exposed grades or sub-base as required during windy and dry days, including nights, weekends and holidays, to control dust. The number of water applications per day shall be determined by the intensity of wind and the dust nuisance. The contractor shall provide water trucks equipped with a spraying system on the construction site at all times. The number of trucks shall be of sufficient number and capacity to cover the size of the project.
2. 
Any construction site that has been stripped and graded must be reseeded or otherwise suitably finished before calling for final approval. If work on a site is to be suspended for a period exceeding 30 days, the site must be reseeded or otherwise suitably finished. If an extension of time is needed, an application must be filed with the community development director or the city manager's designee. In order to obtain an extension, a letter of credit must be filed with the city in an amount sufficient to cover the cost to the city to abate any nuisance problems associated with the project.
C. 
Subdivision Construction.
1. 
Existing grades, excavated areas, sub-base, building pads and other exposed areas within the subdivision shall be sprayed with water as required on windy and dry days, including nights, holidays and weekends, to control dust. The number of water applications per day shall be determined by the intensity of wind and the dust nuisance. A sufficient number of trucks with required capacities and equipment shall be made available by the developer/contractor and be on the job site at all times.
2. 
Any subdivision site that has been stripped of vegetation and graded must be re-seeded or otherwise suitably finished if work is to be ceased for a period exceeding 30 days. If an extension of time is needed due to problems encountered during construction, an application must be filed with the community development director or the city manager's designee, for such extension. In order to obtain an extension, a letter of credit must be filed with the city in an amount sufficient to cover the cost to the city to abate any nuisance problems that may arise from the site.
3. 
All inactive portions of construction sites that have been seeded must be watered until grass growth is evident. Any vegetation growth over three inches in height must be kept mowed to comply with the fire department's weed control requirements. All noxious weed growth is to be removed immediately.
4. 
Dust palliatives used in lieu of water at the construction site or the construction projects to alleviate or prevent dust nuisances shall be suitable for use in residential areas and must have approval of the federal, state, county and Environmental Protection Agencies for similar uses. The owner, developer or contractor will furnish and apply the dust palliatives on the site at his or her own expense. Prior approval shall be required from the community development director or the city manager's designee for the type of palliative proposed for use. The materials shall not be hazardous or detrimental to the health and safety of the public animals, pets, vegetation, plants, trees and landscaping, and shall not be injurious to other materials including infrastructures, buildings, automobiles and air and water quality in the neighborhood and the surrounding areas. Certified approved tests of the proposed dust palliatives with proper clearances and recommendations from the state and federal agencies will be submitted to the community development director or the city manager's designee for the city to review at least two days prior to start of use of the palliatives. The decision of the community development director or the city manager's designee regarding their use will be final.
D. 
Backfill and Debris.
1. 
Any dirt, excavated material or backfill stored in the subdivisions or other construction areas in the city shall be properly covered, treated with dust palliatives or sprayed with water to prevent dust nuisance. Any cover membranes/material shall be properly fastened and hooked to cover the entire storage. This membrane shall be capable of withstanding the intensity of the wind expected in the area.
2. 
"Debris" is defined as construction waste or any discarded and/or usable materials not covered under any other section of this code, and placed or left in stockpiles or in isolated cases, in the public right-of-way. Mud in the construction, subdivision areas and on the improved streets and right-of-ways, either dropped by or left by the tire tracks of the trucks or other hauling or construction equipment shall also be considered as debris for the purposes of this chapter.
3. 
Any person, firm or corporation, either as principal or an employee, shall be responsible for control of debris generated directly or indirectly by their business, construction, work or use. All debris shall be picked up and areas shall be cleaned in an acceptable manner to the satisfaction of the community development director or the city manager's designee within 24 hours from the issuance of notice from him or her or his or her appointed designee. All picked up or cleaned debris and/or residues shall be disposed of in accepted areas or landfills. The areas cleared of the debris shall be cleaned and/or washed with water along with disinfection agents as required by the community development director or the city manager's designee.
4. 
The developer, owner or contractor will arrange their own source of water supply if the city cannot meet their demand of water consumption to mitigate the dust and debris nuisance at any particular time. In such event, the developer, owner or contractor may opt to use palliatives as described in the provisions of this chapter.
5. 
Any person, owner, contractor, developer, firm or corporation who violates or permits the violation of any of the provisions of this chapter on property owned, controlled or subject to supervision of him or her shall be guilty of a misdemeanor. A misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for no longer than one year, or by both such fine and imprisonment unless this code otherwise specifically provides. Any person violating this code shall be regarded as committing a separate offense on each day of such violation.
(Ord. 98-156; Ord. 10-298 § 1)
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow that property to be maintained in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law including provisions of city ordinances:
A. 
The accumulation of dirt, litter or debris;
B. 
Clothesline or clothes hanging in front yard;
C. 
Boxes, bins, containers, fire wood, lumber, junk, trash, salvage materials or other similar materials;
D. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, excavations, and building or structure which has broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers;
E. 
Broken or discarded furniture, household equipment and furnishings or shopping carts;
F. 
Overgrown vegetation likely to be a fire hazard or to harbor rats, vermin, and other nuisances dangerous to public health, safety and welfare;
G. 
Overgrown vegetation obstructing a necessary view of drivers on public streets or private driveways;
H. 
Graffiti on the exterior of any building, fence or other structure;
I. 
Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction, or repair;
J. 
Mobilehomes, utility trailers, abandoned cars and trucks or their vehicles that are parked or stored in violation of the city's ordinances with respect to zoning or traffic;
K. 
Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety, and welfare;
L. 
Fences in disrepair that are not entirely self supporting, with sections exceeding 15 degrees from the vertical, or having 25% or more of the sections that are missing, broken or exhibiting advanced dry rot, or not constructed of a uniformly consistent material.
(Ord. 98-156; Ord. 24-455, 2/12/2024)
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow to be maintained that property in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are not visible from the public street, except as may be allowed by any other provision of law, including provisions of city ordinances:
A. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;
B. 
Overgrown vegetation likely to be a fire hazard or to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
C. 
Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare;
D. 
Fences in disrepair that are not entirely self-supporting, with sections exceeding 15 degrees from the vertical, or having 25% or more of the sections that are missing, broken or exhibiting advanced dry rot.
(Ord. 98-156)
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the city to maintain or to allow to be maintained that property in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law, including provisions of the city ordinance:
A. 
The accumulation of dirt, litter or debris;
B. 
Boxes, bins, containers, firewood, lumber, junk, trash, salvage materials or other similar materials;
C. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, excavations, and building or structure which has broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers;
D. 
Broken or discarded furniture, household equipment and furnishings or shopping carts;
E. 
Overgrown vegetation likely to present a fire hazard or to harbor rats and/or vermin and other nuisances dangerous to public health, safety and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
F. 
Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare;
G. 
Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;
H. 
Mobilehomes, recreational vehicles, utility trailers, unmounted camper tops, boats, abandoned cars and trucks or other vehicles that are parked or stored in violation of any other provisions of the city's ordinances with respect to zoning or traffic;
I. 
Graffiti on the exterior of any building, fence or other structure;
J. 
Sandwich board signs, banners, temporary cloth and paper signs, pennants, damaged or abandoned signs or promotional signs;
K. 
Fences in disrepair that are not entirely self-supporting, with sections exceeding 15 degrees from the vertical, or having 25% or more of the sections that are missing, broken or exhibiting advanced dry rot.
(Ord. 98-156; Ord. 24-455, 2/12/2024)
Any property found to be maintained in violation of Sections 8.24.030 through 8.24.050 is declared to be a public nuisance, and shall be subject to administrative procedures set forth in Chapter 1.12. The procedures for abatement set forth therein shall not be exclusive, and shall not, in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner.
(Ord. 98-156)
Nothing in this chapter shall be deemed to prevent the city council from ordering the commencement of a civil proceeding to abate the public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.
(Ord. 98-156)
Any person who shall violate any of the provisions of this chapter shall be subject to enforcement and penalty provisions set forth in Chapter 1.12.
(Ord. 98-156)