The provisions of this chapter shall apply to all property throughout the City of Davis wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other city, state or federal law, shall not be deemed to violate this chapter.
(Ord. 2219, 2005)
For the purposes of this chapter, the following words shall have the specified meanings:
Administrative citation.
An administrative citation is a "ticket" issued when voluntary compliance is not obtained within a reasonable time. Administrative citations are not part of the judicial process unlike infractions or misdemeanors citations.
City.
The City of Davis, a municipal corporation of the State of California.
Code compliance administrator.
The city's building official and the authorized representative(s) of the city's building official.
Department head.
The department head of the community development and sustainability department, the fire chief, the police chief, the city manager, and the city attorney, and their authorized representative(s).
Highway.
Any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes city streets.
Inoperative vehicle.
Any vehicle which cannot be legally operated on the street because of lack of current registration, lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.
Junk.
Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.
Junkyard.
Any premises 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.
Notice and Order.
A notice and order is legal notice which detail structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar.
Owner.
Owner of record of real property, occupant, lessee, or interested holder in same, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.
Person.
Any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.
Premises.
Any real property or improvements thereon.
Service Station.
Any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.
Special Assessment Lien.
A special assessment lien is a lien placed on real property and is collected by the county tax assessor.
Vehicle.
Any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 2219, 2005)
(a) 
Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.
(b) 
It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:
(1) 
Any condition recognized in law or equity as constituting a public nuisance;
(2) 
Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
(3) 
Any condition that is in violation of any duly enacted ordinance of the Davis Municipal Code, or resolution or lawful order promulgated by authorized city officials;
(4) 
Any condition in violation of Chapter 40, Zoning, of this Code, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the city council or the planning commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;
(5) 
Anything defined as a nuisance pursuant to state and federal law, including, but not limited to, California Civil Code Section 3479 et seq.;
(6) 
Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq., and 39560 et seq., as enacted or hereafter amended and enforced by city ordinance and resolutions;
(7) 
Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;
(8) 
Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded;
(9) 
Any condition that constitutes a visual blight. For purposes of this Code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
(A) 
Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials,
(B) 
Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment,
(C) 
Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed ninety days, whether consecutive or non-consecutive, out of any twelve-month period,
(D) 
Stagnant water or excavations,
(E) 
Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location,
(F) 
Vehicles parked on any surface other than an "improved surface" or "driveway," as those terms are defined in Chapter 40 of this Code;
(10) 
The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project;
(11) 
Any condition of a building or structure deemed to be unsafe or that in the discretion of the code compliance administrator or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this Code or any other applicable law;
(12) 
Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor;
(13) 
Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city;
(14) 
The emission into the open air of visible smoke from any residential indoor non-wood pellet-burning appliance or any non-EPA-Phase II certified wood burning appliance or fireplace used for home-heating purposes in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of any reasonable person or to cause unreasonable injury or damage to property or which could cause annoyance or discomfort in the area of the emission.
(Ord. 2219, 2005; Ord. 2424, § 2, 2013)
(a) 
Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(b) 
Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.
(Ord. 2219, 2005)