A nuisance, within the meaning of this chapter, is defined as anything which is dangerous, injurious or a menace to health or safety, or is indecent or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use in the customary manner of any stream, or any public park, square, street or highway, or which by any provision of this code is specifically declared to be a nuisance; provided, however, nothing which is done or maintained under the express authority of law is a nuisance.
(1941 Code § 105, Ord. 1637 § 6, (2000))
It is 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 such property in such manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from a public street or adjoining parcel, 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) 
Lumber, junk, trash, recyclables, salvage materials, building materials, landscaping materials or other similar materials, provided that short-term storage of materials in a secure and non-hazardous manner incident to an active building permit shall not constitute a nuisance under this provision;
(c) 
Attractive nuisances or hazards including abandoned, broken, or neglected equipment, machinery, tools, refrigerators and freezers, hazardous pools, ponds, and excavations;
(d) 
Broken or discarded furniture, household equipment, electronic equipment, and furnishings or abandoned shopping carts;
(e) 
Overgrown vegetation likely 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;
(f) 
Weeds, dead, decayed, diseased or hazardous trees, fallen leaves 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) 
Mobile homes, recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, or other vehicles that are parked or stored in violation of the zoning provisions or that appear inoperable;
(i) 
Graffiti on the exterior of any building, fence, wall, automobile, or other structure;
(j) 
Fences and walls which have become dilapidated or are in a state of disrepair;
(k) 
Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction;
(l) 
Structures which are unpainted or where a substantial portion of the paint on the building exterior is chipping, peeling, cracked or mostly worn off;
(m) 
Improper maintenance of signs related to uses no longer conducted or products no longer sold on the property;
(n) 
Construction equipment, materials or machinery of any type of description parked or stored so as to be visible from a public right-of-way or from adjoining properties except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property;
(o) 
Any property with pooled oil or other hazardous liquids accumulation, oil or hazardous liquids flowing into a public right-of-way, storm drain, or adjoining property, or excessive accumulation of grease or oil on paved surfaces, buildings, walls or fences;
(p) 
The leaving of any garbage can, recycling container or refuse container on any public right-of-way, except as permitted by Section 8.16.040 of this code;
(q) 
Property otherwise maintained in such a blighted condition, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements.
(Ord. 1913 § 2, (2015))
Any property found to be maintained in violation of Section 1.16.015 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair, and shall be subject to the enforcement mechanisms available under Chapter 1.12 of this code and any other applicable code provisions or other laws. The election of enforcement mechanisms or remedies shall be at the discretion of the city attorney.
(Ord. 1913 § 3, (2015))
(a) 
If the city manager determines that a nuisance exists upon private property, the manager may refer the matter to the city council for hearing and determination. Notice of the hearing before the city council will be given by first class mail to the owners of the real property at the last known address of the owners as those persons' names and addresses appear on the last equalized assessment roll. If the owners' names and addresses cannot be determined, notice of the hearing will be posted on the property itself. Notice will be given at least 10 days before the scheduled date of the hearing.
(b) 
At the hearing, the council will receive written and oral testimony from all interested persons. At the conclusion of the hearing, the council may proceed to order abatement of the nuisance if the council determines a nuisance exists within certain time periods. The decision of the council shall be final and conclusive.
(1941 Code § 106, Ord. 1637 § 6, (2000))
(a) 
If the property owners fail to abate the nuisance as ordered by the city council, the manager may proceed to abate the nuisance with city forces or by contract forces. The manager will keep an account of the expenses incurred by the city in abating the nuisance and report these expenses to the city council.
(b) 
A copy of the report together with a notice of hearing on confirming the report and assessing the property for the expenses shall be mailed by first class mail to the owners of the real property at the last known address of the owners as those persons' names and addresses appear on the last equalized assessment roll. If the owners' names and addresses cannot be determined, notice of the hearing will be posted on the property itself. Notice will be given at least 10 days before the scheduled date of the hearing on the expenses.
(c) 
At the hearing, the city council will consider the report and receive any written or oral testimony for any interested persons regarding the proposed assessment of the expenses. Following the hearing, the city council may make such modifications in the proposed assessment as the council may deem just and proper, and adopt a decision by resolution.
(d) 
The amount of the expenses, if any, of abating the nuisance adopted by the city council will constitute a special assessment against the applicable property, and after being approved by the council, shall constitute a lien on the property for the amount of the approved assessment until paid.
(e) 
A certified copy of the resolution will be filed with the tax collector to be collected at the same time and in the same manner as property taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquency.
(1941 Code § 107, Ord. 1637 § 6, (2000))
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof as determined by the manager, the manager shall have the authority to summarily and without notice abate the same insofar as necessary to make the condition or use not an imminent or immediate danger. An account of the expenses incurred by the city with its own forces or by contract in conducting this abatement will be accounted for and reported to the council and be subject to the same notice, hearing, confirmation, and assessment as provided in Section 1.16.030 above.
(Ord. 1637 § 6, (2000))
Nothing in this chapter shall be held or construed to affect or prejudice any other remedy or penalty, civil or criminal, which may exist or be adopted or enacted for creating, causing, committing or maintaining a nuisance within the city.
(1941 Code § 107, Ord. 1637 § 6, (2000))