Any violations of this code, any adopted code, any state or federal law, or any other unlawful condition, or anything which is injurious to health, or is indecent or 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, street, alleyway, highway, or other public easement is a nuisance.
(Prior code § 5400; Ord. 1924 § 5, 2017)
It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such manner that any of the following conditions are found to exist anywhere on the property:
A. 
Drainage. It is unlawful to allow land, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, to cause erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.
B. 
Discards, Rubbish, Etc.
1. 
It is unlawful to allow the accumulation on any part of any property, whether improved or unimproved, including adjacent rights-of-way, any discarded items or rubbish. Those items may include but not be limited to any of the following: broken, discarded, useless, unusable, abandoned, etc., items, such as but not limited to, trash, garbage, waste matter, debris, lumber, wood, boxes, furniture, appliances, household equipment, other equipment, offal, feces, or the remains of dead animals.
2. 
Building materials currently being used in a permitted building project are allowed.
3. 
Firewood shall be cut to fireplace size and neatly stacked and stored out of public view, not to exceed two cords of firewood.
C. 
Commercial Vehicles and Equipment.
1. 
It is unlawful to allow for any commercial motor vehicle having an unladen weight of 6,000 pounds or more, or any commercial tractor and/or trailer, or any commercial equipment, irrespective of weight, to be parked or stored upon any private property zoned for residential use except while such vehicle and/or equipment is in the process of unloading or performing a service at the property.
2. 
A "commercial vehicle" means any vehicle which is not meant for ordinary passenger use common to residential use. Passenger buses shall be considered commercial vehicles regardless of weight. Commercial equipment means any equipment not ordinary to residential use.
3. 
Final determination on the use of the vehicle and/or equipment shall be the responsibility of the city.
D. 
Landscaping. It is unlawful to allow any one or more of the following conditions to exist on improved property:
1. 
Vegetation that is dead, decayed, diseased, dry or hazardous;
2. 
Overgrown vegetation that is likely to harbor such nuisances as rats or vermin, or is in a condition to cause unsightliness;
3. 
Lack of Landscaping. "Landscaping" means healthy and growing cultivated vegetation common to most residential or commercial property, and/or planned drought-tolerant schemes;
4. 
Lack of Maintenance of Landscaping. All landscaping shall be maintained in a reasonable manner which shall include, but not be limited to, trimming, weeding, irrigating, fertilizing, mowing, replacing, cleaning, etc.;
5. 
Weeds as landscaping or areas consisting only of dirt when that dirt area is more than 25 percent of any portion or area of a front or side yard viewable from the public right-of-way;
6. 
Weeds and wild grasses, ordinarily known as foxtails, tumbleweeds, devil thorn, hoarhound, gourd, vines, and other wild grasses and weeds in or upon any sidewalk, vacant lot or other property within the city is a public nuisance and dangerous to the health and safety of the inhabitants of this city.
E. 
Buildings and Structures. It is unlawful to allow any of the following conditions to exist on any property in the city:
1. 
Buildings or structures which are partially destroyed or permitted to remain in a state of incomplete construction for an unreasonable period of time or deserted, as determined by the chief building official;
2. 
Openings into vacant buildings or structures, such as doors and windows, which cannot be secured reasonably against entry by trespassers;
3. 
Buildings or structures with peeling, blistering, or otherwise deteriorating paint or unpainted surfaces leading to dry rot, warping, or lack of weather protection;
4. 
Roofs with loose, unstable or missing tiles, shingles or other material used as acceptable roof composition;
5. 
Buildings or structures that have broken, damaged, or missing windows, doors, attic vents, underfloor vents or other openings rendering these items unusable for their intended purpose and causing an attractive nuisance;
6. 
Buildings or structures whose exteriors, porches, steps, stairs, railings, walls, devices, fences, driveways, trash enclosures, walkways or other items not limited by omission in this listing that are cracked, broken, defective, deteriorating, or in disrepair, rendering these items unusable for their purpose or unsightly or constituting an attractive nuisance or hazardous condition;
7. 
Garage doors that are missing, broken, sagging, or buckling to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance;
8. 
Maintenance of any 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 as defined by Civil Code Section 3480;
9. 
Any building or structure or portion thereof which has been figured with any form of graffiti or other offensive or objectionable renderings, including but not limited to murals or artwork associated with vandalism;
10. 
Any building or structure or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition;
11. 
The maintenance on the premises of "graffiti" as additionally defined in Chapter 9.36 of this code.
F. 
Parking of Vehicles.
1. 
Single-Family Residential. It is unlawful to park or store any permitted vehicle on any unpaved area of the required front yard of any residential property. Any residential parking in other than the required front yard on an unpaved area is permitted provided the area is screened by a solid six-foot fence and/or gate of approved materials which has been legally erected on the property.
2. 
Multifamily Residential. It is unlawful to park or store any permitted vehicle on any unpaved area of a property zoned multifamily.
3. 
Such paving shall be of a substantial material such as, by way of example, concrete, asphalt, brick, or gravel adequate to cover.
4. 
All areas where a vehicle is legally parked must be maintained on a regular basis.
5. 
It is unlawful to park any vehicle on unimproved lots in any zone.
G. 
Inoperative Vehicles.
1. 
Single Family Residential. It is unlawful to park or store in the required front yard or in a driveway for more than 72 hours any inoperative vehicle or any vehicle parts.
One inoperative vehicle may be stored no more than 180 days in the side yard or rear yard provided the vehicle is screened by a solid six-foot fence.
2. 
Multifamily Residential. It is unlawful to maintain an inoperative vehicle or vehicle parts for more than 72 hours except in an entirely enclosed garage or building.
3. 
All Other Zones. It is unlawful to maintain an inoperative vehicle or vehicle parts for more than 72 hours except in an entirely enclosed garage or building.
4. 
"Inoperative" means any abandoned, dismantled, nonfunctional, unlicensed, or wrecked vehicle or parts thereof, or any vehicle incapable of operating safely and legally upon any highway, roadway, public street, or waterway.
5. 
Any of the following conditions may also render a vehicle inoperative, but shall not be limited to:
a. 
Having an accumulation of dirt, cobwebs, or debris on the vehicle, to the extent that visibility may be limited, or indicating long-term non-use.
b. 
Having any accumulation of items stored on, around, or in the vehicle.
c. 
Having an accumulated growth of vegetation adjacent to the vehicle indicating nonuse.
d. 
Having broken or missing windows, missing parts such as lights or fenders, parts hanging, flat tires, or other unsightly conditions.
6. 
"Vehicle" means any motor vehicle, such as but not limited to, motorcycles, trailers, carts, campers, boats, recreational vehicles, buses, or other auxiliary vehicles or parts thereof, capable of moving or being drawn upon such streets or waterways.
7. 
All vehicles being stored or undergoing repairs, maintenance, or restoration as permitted must be registered to the property address.
H. 
Pools, Ponds, Etc. It is unlawful to allow or maintain unprotected and/ or hazardous pools, ponds, excavations, or standing water.
I. 
Dirt, Debris, Etc. It is unlawful to allow or maintain the accumulation of dirt, litter or debris in vestibules, doorways, or the adjoining sidewalks of any building in the city.
J. 
Recreational Vehicles.
1. 
"Recreational vehicles (RV's)" shall include, but not be limited to, any motor coach, trailer, camper shell, tent trailer, boat, boat trailer, off-road vehicles, or other forms of such. The recreational vehicle parking provisions of the Upland Municipal Code Chapter 17.24 shall apply.
2. 
All areas where such a vehicle is legally parked must be paved or improved and maintained on a regular basis consistent with Chapter 17.24.
(Prior code § 5400.015)
Any owner, agent, person having charge of, or occupying, any lot or premises within the city who refuses or neglects, for a period of five days after receiving notice from the superintendent of streets to remove any of the things hereinbefore in Section 8.12.020 declared to be a nuisance, from such premises or sidewalk immediately in front thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $50.00, or by imprisonment in the county jail not exceeding 30 days, or by both such fine and imprisonment in the discretion of the court.
(Prior code § 5400.016)
The owner, agent or person having charge of or occupying any lot or premises within the city who shall fail to remove from such premises, or sidewalk immediately in front thereof or adjacent thereto, any things hereinbefore declared to be a nuisance in Section 8.12.020 of the Upland Municipal Code, within five days after receiving written notice from the superintendent of streets to remove or destroy such weeds or wild grasses or remove rubbish, tin cans, and combustible materials, shall pay the extent of such removal by the city to the city. Such expense shall be estimated by the superintendent of streets on the basis of records of the city's present costs for such removal, and such expense shall be collectible by the city in a suit at law if such an expense incurred by the city for such removal is not voluntarily paid within 30 days upon receipt of notice stating such expense. The abatement and cost recovery procedure provided in this Section is in addition to all other remedies and costs recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Prior code § 5400.017; Ord. 1924 § 6, 2017)
Any public nuisance found at any property in the city may be abated by rehabilitation, demolition, repair, or removal pursuant to the procedures set forth in this chapter. The procedures set forth. herein 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 provided by law.
(Prior code § 5400.4)
A. 
Whenever the city manager determines that any premises within the city are maintained contrary to one or more of the provisions of the Upland Municipal Code, then he or she shall cause notice to be given for the opportunity of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city.
1. 
Whenever "city manager" is used in this chapter, it means either the city manager or his or her duly authorized representative.
2. 
Whenever "owner" is used in this chapter, it means any person in possession of the property and also the person(s) shown as owner(s) on the last equalized property tax assessment rolls.
B. 
In the event a public hearing described in this section is requested, the procedures set forth in this chapter must be followed. In the event a public hearing is not requested, the city will proceed with abatement of the public nuisance.
(Prior code § 5400.7; Ord. 1924 § 7, 2017)
Notice of the time and place of hearing before the city manager shall be titled "Notice of Hearing," and shall be substantially in the following form:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART
NOTICE IS HEREBY GIVEN that at __________.m. on __________, 20__________, the City Manager of the City of Upland, or his/her duly authorized representative, will hold a public hearing in the Council Chambers of the Upland City Hall, located at 460 North Euclid Avenue, Upland, California, to determine the presence of a public nuisance subject to abatement by rehabilitation, repair, demolition, or removal at:
(address)
(parcel number)
If the above property, in whole or part, is found to constitute a public nuisance as defined by the Upland Municipal Code, and if the nuisance is not promptly abated by the owner, such violations may be abated by municipal authorities and the rehabilitation, repair, demolition, or removal will be assessed upon the property and this cost will constitute a lien upon the property until paid.
The alleged violation consists of the following:
The methods of abatement available are:
All persons having any objection to, or interest in, this matter are hereby notified to attend the hearing, when their testimony and evidence will be heard and given due consideration.
DATED: This __________day of ___________, 20__________
_______________________________________________________
City Manager (or title of his/her duly authorized representative)
(Prior code § 5400.10)
The notice shall be served at least 14 days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty of perjury filed with the city clerk.
(Prior code § 5400.13)
A. 
Service of the notice shall be by personal service upon the owner of the affected property, or by depositing a copy of the notice in the U.S. mail enclosed in a sealed envelope and with prepaid postage attached. The notice shall be registered or certified and addressed to the owner, with return receipt requested, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. A copy of the notice shall also be posted on the property. Any notices shall be sent to any address that may be provided in writing by the owner to the building official.
B. 
The failure of any person to receive such notice shall not affect the validity of the proceedings under this chapter.
(Prior code § 5400.16)
A. 
At the time stated in the notices, the city manager shall hear and consider all relevant evidence, objections or protests, and shall receive sworn testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair, demolition, or removal. The hearing may be continued from time to time.
B. 
In the event the person upon whom the notice has been served fails to show for the public hearing, the city manager shall proceed with the hearing for the rehabilitation, demolition, repair, or removal of the public nuisance. Sworn testimony shall be required. The decision of the city manager shall be final in this case.
(Prior code § 5400.19)
A. 
At the conclusion of the hearing, the city manager shall determine whether the property, or any part thereof, constitutes a public nuisance. If the city manager finds that such public nuisance does exist, and that there is sufficient cause to rehabilitate, demolish, repair, or remove the same, the city manager shall present a written order setting forth his or her findings and ordering the owner or other persons having charge or control of the property to abate the violation by rehabilitating, repairing, demolishing, or removing the violation in the manner and by the means specifically set forth in the order. The order shall establish the times within which the work shall be commenced and completed.
B. 
Within 10 days from the date of the order, the owner or person occupying or controlling the property affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. The matter will be heard at the next meeting of the city council provided notice has been made seven days prior to the next meeting. The council shall proceed to hear and pass upon the appeal. The decision of the city council shall be final and conclusive.
(Prior code § 5400.22)
A. 
A copy of the order of the city manager ordering the abatement of the public nuisance shall be served upon the owners of the property and shall contain a detailed list of needed corrections and abatement methods. This shall be done by posting a copy on the property and by depositing the same in the U. S. mail, for certified mailing. Any property owner shall bring the property into compliance in accordance with the order and at his or her own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, the proceedings upon this chapter shall terminate.
B. 
If such public nuisance is not completely abated by the owner within the designated abatement period as directed, then the city manager is authorized and directed to cause the same to be abated by city forces or private contract. Upon request of the city manager, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such public nuisance. In the event any subsequent inspection or abatement will require entry upon the property for the purpose of rehabilitating, demolishing, repairing, or removing the public nuisance and entry has been denied by the owner or any person in charge of the property, then entry shall only be made pursuant to a search warrant or court order. Voluntary permission to enter the property must be in writing.
(Prior code § 5400.25)
A. 
The total cost for abating the public nuisance, shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment;
B. 
After such recordation, a certified copy of such notice of lien shall be sent to the tax division of the county auditor-controller's office and it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
C. 
After such recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
D. 
Such notice of lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
(Claim of City of Upland)
Pursuant to the authority vested by the provisions of Chapter 8.12 of the Upland Municipal Code, the City Manager of the City of Upland (or his/her designated agents) did, on or about the __________ day of __________, 20________, cause a public nuisance at the premises hereinafter described to be rehabilitated, repaired, demolished, or removed, in order to abate said public nuisance on said property; and the City Council of the City of Upland did, on the day of __________, 20__________, assess the cost of such rehabilitation, repair, demolition, or removal upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Upland does hereby claim a lien as to such rehabilitation, repair, demolition, or removal in the amount of said assessment, to wit; the sum of $___________; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property upon which a lien is claimed is in the City of Upland, County of San Bernardino, State of California, and more particularly described as follows:
DATED: This __________day of _______, 20_______
(Acknowledgment)
_________________________________________
City Manager of the City of Upland, California
E. 
The lien procedure provided in this section is in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Prior code § 5400.34; Ord. 1924 § 10, 2017)
Nothing in this chapter shall be deemed to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth in this chapter. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Prior code § 5400.37; Ord. 1924 §11, 2017)
A. 
The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance as defined in this chapter, or who violates an order of abatement is guilty of a misdemeanor.
B. 
Any occupant or lessee in possession of any such property who fails to remedy the public nuisance at the property in accordance with an order given as provided in this chapter is guilty of a misdemeanor.
C. 
Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of a misdemeanor.
D. 
No person shall obstruct, impede or interfere with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a property which has been ordered to have a public nuisance repaired, rehabilitated, demolished, or removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating, demolishing, and removing any public nuisance pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter.
(Prior code § 5400.40)
In addition and alternative to any other procedures set forth in this code, the city may abate and cause the removal of weeds and rubbish from any property within the city, utilizing the procedures set forth in Article 2 of Division 3 of Title 4 of the California Government Code, Section 39560, et seq., as the same may be amended from time to time. For purposes of this section, the term "superintendent," as used in California Government Code Section 39560, et seq., shall be deemed to mean the city manager of the city of Upland, or designee thereof.
(Prior code § 5400.50)