(Legislative History: Ordinance No. 92-018, 9/8/92 (Sections 3-1-200—3-1-210); Ordinance No. 2002-032, 12/9/02 (Section 3-1-210); Ordinance No. 2002-033, 12/9/02 (Section 3-1-200); Ordinance No. 2003-003, 3/17/03 (Section 3-1-200); Ordinance No. 2007-04, 2/20/07 (Section 3-1-200); Ord. No. 2024-012, 7/15/2024 (Sections 3-1-200-3-1-225))
It is unlawful and a public nuisance for any property owner or any person leasing, occupying or having possession or control or dominion of any premises in this City to maintain such premises or to permit, suffer or allow such premises to be maintained in such a manner that any one or more of the conditions or activities described in the following divisions are found to exist:
(a) 
Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
(b) 
Any condition in violation of the California Building Code, California Electrical Code, California Mechanical Code, Uniform Housing Code, Health and Safety Code section 19720.3, California Plumbing Code, Uniform Code of Abatement of Dangerous Buildings, California Fire Code, Uniform Security Code, Title 24 of the California Code of Regulations, or the State Building Standards Code, as adopted by reference in this Code, subject to any amendments, additions or deletions made thereto;
(c) 
Any condition in violation of any section or division of the San Leandro Municipal Code or City rule or regulation or permit issued by the City;
(d) 
Any condition in violation of any rule, regulation, standard or other requirement of any applicable air pollution control district;
(e) 
Any condition recognized in law or in equity as constituting a public nuisance, including, but not limited to, California Civil Code Section 3480, California Penal Code Sections 11225 - 11235, and California Health and Safety Code Section 11570; or
(f) 
Any condition that 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 by an entire community or neighborhood, or by any considerable number of persons, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street, highway, lane or sidewalk.
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private 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, except as may be allowed by this Code.
(a) 
Unlawful Outdoor Storage:
(1) 
The accumulation of abandoned, discarded, or dilapidated objects, including, but not limited to, junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to the health or safety of any person or renders any premises unsightly and detrimental to the general public welfare.
Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation and/or permit.
(2) 
The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street.
(3) 
Attractive nuisances dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to, abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds and excavations.
(4) 
Materials or other items stacked in a manner as to be visible from the street above any fence. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable zoning designation and/or permit.
(5) 
The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street or sidewalk.
(6) 
Materials stored or stacked on commercial or industrial property in a disorderly manner in view of the street in Zoning Districts where outdoor storage is permitted.
(7) 
Boats, trailers, recreation vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair for an unreasonable period of time in locations which are visible from the street.
(8) 
Camper shells which are left for an unreasonable period of time in front yards, driveways, side yards, sidewalks or walkways and are visible from the street.
(9) 
Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property for an unreasonable period.
(10) 
Clotheslines or clothes hanging in front yards, side yards, porches or balconies and visible from a street.
(11) 
The storage of firewood or other flammable materials used for heating purposes in excess of standards relating to the safe storage of combustible materials as determined by the City of San Leandro Fire Department and the Uniform Fire Code.
(b) 
Landscaping/Vegetation:
(1) 
Dead, decayed, diseased or hazardous weeds or other vegetation visible from the street constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring property or property values.
(2) 
Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values, growing into the public right-of-way, obstructing the necessary view of drivers on streets or private driveways and visible from the street.
(3) 
Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises.
(c) 
Trash, Litter, Trimmings, Oil and Debris:
(1) 
The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutter, driveways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of the property.
(2) 
Pooled oil, water, or other liquid accumulation, flowing onto the street, or excessive accumulations of grease or oil on paved surfaces.
(d) 
Trash Containers:
(1) 
Trash, garbage or refuse cans, bins, boxes or other such containers stored in view of the street, unless stored in a side yard location flush with or further distant from the street then that portion of the front wall of the residence or main structure nearest to such container, and so long as the lid for such container is closed. However, nothing in this section shall be construed as prohibiting the placement of such receptacles adjacent to the street for pick-up by the City's franchised waste hauler on normal trash and recycling pick-up days, nor prohibit the outdoor storage of any type of trash receptacle if said receptacle is screened from view from the street or any public right-of-way in a manner approved by the Zoning Enforcement Official or his/her designee.
(2) 
Any property without regular and adequate trash pick-up service.
(3) 
Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris.
(e) 
Buildings and Structures:
(1) 
Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction for more than 30 days, or such other unreasonable period of time based on the particular circumstances which is less than 30 days, buildings subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is cracking, peeling, chalking or mostly worn off.
(2) 
Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief.
(3) 
Awnings, covers, canopies, umbrellas, screens or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or in some other state of disrepair.
(4) 
No person shall erect, install, place or maintain boards or other coverings over the doors, windows or other openings of any building or otherwise secure such openings by a means other than the method used in the original construction and design of the building, or as otherwise altered in accordance with a valid building permit without first applying for and obtaining a boarding permit and, within 30 days of receiving the boarding permit, completing all requirements of the issued boarding permit and thereafter maintaining a valid and current boarding permit. The Building Official may grant an exception for temporary boarding of a building for immediate public safety needs. Temporary boards shall be removed within seven days of placement unless a boarding permit has been applied for and diligently pursued.
(i) 
A boarding permit may only be issued for buildings, or portions of buildings, that are vacant.
(ii) 
The boarding permit issued by the Building Official shall authorize the boarding or other securing of a building for a period of no greater than 90 days from the date of issuance unless an extension of the boarding permit is approved by the Building Official.
(iii) 
A boarding permit or boarding permit extension may only be issued by the Building Official where the Building Official finds that the building does not contribute to and is not likely to contribute to blight or that the building is not a nuisance as defined in this Code, because the owner is actively maintaining and monitoring the building and one of the following applies:
A. 
The building is the subject of an active building or demolition permit and the owner is progressing diligently to complete the permitted demolition, construction, repair or rehabilitation.
B. 
The owner has a complete and active application pending for a building permit, demolition permit, or other development entitlement.
C. 
The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.
D. 
The Building Official has determined that continued boarding is necessary for public safety reasons.
(f) 
Fences and Gates:
(1) 
Fences or other structures on private property abutting, fronting upon, or visible from any street, which are sagging, leaning, fallen, decayed, extending into the public or private right-of-way, or other dilapidated or unsafe condition.
(g) 
Graffiti:
(1) 
Graffiti or other words, lettering or drawings which remain on the exterior of any building or fence for a period that exceeds 72 hours.
(h) 
Parking Limitations:
(1) 
Vehicles, whether motorized or non-motorized, parked upon any lawn or other unpaved surface lying within any front yard or street corner side yard, unless the vehicle is parked on a legal paved driveway which provides access to a required parking space or parking lot.
(2) 
Vehicles, whether motorized or non-motorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building and/or Zoning Code provisions.
(3) 
Vehicles, whether motorized or non-motorized, parked parallel to any residence unless the vehicle is parked on a legal circular driveway.
(4) 
Industrial and commercial properties that fail to post adequate notice prohibiting unauthorized vehicle parking on all such properties in accordance with the requirements of the San Leandro Police Department.
(5) 
Vehicles which exceed the following dimensions: 20 feet in length or seven feet in width or seven feet in height, or any single vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more parked upon any paved or unpaved surface lying within any front yard, street corner side yard, or backyard of any residential property which are visible from the street or visible from adjacent private property. Recreational vehicles as defined by California Vehicle Code Sections 242, 243, 324, and 362 are exempt from this provision. However, at no time shall more than one such recreational vehicle be stored on any residential property at any time.
(i) 
Residential Vehicle Repair:
(1) 
The performance of major repairs or dismantling of any motorized or non-motorized vehicle, boat, or part thereof, in a location visible from the street. This section shall not be construed as prohibiting the registered owner of a motorized or non-motorized vehicle or boat, or part thereof, from performing minor repair of said vehicle in the driveway or other paved surface of a residence, provided that the vehicle or boat is registered to someone living in the residence.
(2) 
Proof of registration of any vehicle or boat on which minor repairs are occurring shall be provided to any San Leandro police Officer or Code Enforcement Officer upon request.
(j) 
Parking Strips:
(1) 
Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, commonly known as a "parking strip."
(2) 
This section is intended to supplement and not conflict with the provisions of Chapter 22, Division 7, Part 3 of the Streets and Highways Code, entitled "Maintenance of Sidewalks," and Title 5, Chapter 5 of the City of San Leandro Administrative Code, entitled "Community Development Sidewalk Repair Program."
(k) 
Miscellaneous:
(1) 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any private property in the City to use, maintain or allow to be maintained such property for any purposes so as to create any of the following conditions on adjacent or contiguous public property, except as may be allowed by this Code:
(a) 
Outdoor Storage, Operations or Encroachment:
(1) 
The tracking of mud, dirt, sand, gravel, and concrete onto the street or public right-of-way.
(2) 
The spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or other public right-of-way.
(3) 
Vehicles and/or other materials associated with business activity stored on the street or in the public right-of-way.
(4) 
The unlawful placement of any object in the public right-of-way including, but not limited to, portable recreation equipment; cones; abandoned, discarded or dilapidated objects; or any other object in such a manner as to obstructs the free passage or use in the customary manner of the right-of-way, including the accessibility of parking spaces.
(b) 
Miscellaneous:
(1) 
Any other condition or use of property which gives rise to a reasonable determination that the effect of said use or condition on adjacent public property represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.
(a) 
The commercial and multi-unit property maintenance requirements of this section apply to commercial property and residential properties containing more than four units, in addition to the requirements in all other sections of this Chapter. Commercial property includes any property that is used or intended to be used, for commercial business activities, including, but not limited to, stores, office buildings, industrial property, medical centers, hotels, malls, retail stores, shopping centers, warehouses, and automotive garages.
(b) 
The City Council finds that commercial and multi-unit properties can constitute public nuisances when the maintenance of improvements is not performed in a coordinated and uniform manner. The requirements and standards specified in this section are designed to prevent such projects from becoming public nuisances due to visual blight, safety hazards and other blighting conditions.
(c) 
Persons owning commercial and multi-unit property shall identify a person authorized and responsible for property maintenance activity. Such person may be the owner or a property management firm. Each multi-tenant commercial shopping center property and multi-unit property shall be posted with the name, address, and 24 hour contact phone number of the person authorized and responsible for maintenance of the property according to this section, whether that is the owner or property management firm. The posting shall be constructed of and printed with weather resistant materials, be no less than 18 inches by 24 inches, be legible from the public right-of-way, and shall contain, along with the name, address, and 24 hour contact number, the words "THIS PROPERTY MANAGED BY," if applicable, and "TO REPORT PROBLEMS OR CONCERNS CALL."
(d) 
Landscape maintenance and litter control shall be provided for all portions of the property in a uniform and consistent manner, including regular weed abatement and litter control on developed and undeveloped parcels or portions of the projects. The following criteria shall be the minimum landscape and litter control criteria and standards for properties subject to this section:
(1) 
Regular mowing of turf areas;
(2) 
Removal of weeds and overgrown vegetation over four inches tall;
(3) 
Plant material not to cover any part of sidewalks or walkways;
(4) 
All plant material maintained in a healthy, growing condition, in compliance with approved landscape plan for the project where applicable;
(5) 
Dead plant material removed and replaced in compliance with the approved landscape plan for the project, where applicable;
(6) 
Litter and landscape debris removed from all portions of site, not blown on street or sidewalk;
(7) 
Trees maintain a minimum clearance of six feet above walkways;
(8) 
Irrigation systems kept in good working condition and repair to prevent leaks or public health hazards;
(9) 
Irrigation problems repaired promptly;
(10) 
All work shall be performed in a professional manner utilizing best practices;
(11) 
All pesticide applications performed by State Certified Applicator; and
(12) 
Exterior tobacco ash receptacles shall be kept emptied and clean.
(e) 
Maintenance for buildings, common areas, and parking lots shall also be provided in a uniform and consistent manner to ensure the following:
(1) 
All walkways are maintained without holes and surface defects, and cleaned and maintained free of grease, sticky material, feces, and other residues;
(2) 
All lights are functioning;
(3) 
Shopping carts are properly stored;
(4) 
Exterior signage is maintained;
(5) 
Building exteriors, including awnings and canopies, are cleaned, maintained, and painted to present a good appearance, free of graffiti;
(6) 
All trash and recycling enclosures and receptacles are maintained at all times in a clean condition with lids in place at all times; and
(7) 
Parking lot surfaces and striping are maintained without holes and surface defects and parking space and pavement striping and signs are repainted, refurbished, or replaced when they become faded, damaged, or destroyed to an extent they are no longer effective.
(f) 
An occupant or tenant of the premises shall be responsible, in the same manner as the property owner, for compliance with this section regarding exterior maintenance of the occupied premises and any landscaping, stormwater/erosion control measures, signs, trash enclosures, parking facilities, temporary fencing, and other appurtenances directly attributed or allocated to the subject premises.
The vacant lot maintenance requirements of this section apply to all properties that are undeveloped in addition to the requirements in all other sections of this Chapter.
(a) 
The City Council finds that vacant lots that are undeveloped, poorly maintained, and open to the public can significantly and adversely affect the general welfare of the citizens and property values within the community by reason of the property owner's failure to adequately secure and maintain the lots. Vacant lots overgrown with weeds and vegetation or accumulated with debris, trash, junk, discarded items, or other materials constitute a public nuisance that adversely affects the public health, safety, and general welfare of the City. The requirements and standards specified in this section are designed to prevent such lots from becoming public nuisances due to visual blight, safety hazards and other blighting conditions.
(b) 
All property owners of vacant lots shall designate a local contact representative with full authority to act on behalf of the owner for all purposes of this section. The local contact representative must establish and maintain a local telephone number and a residence or business address within 50 miles of the subject property. The owner of the vacant lot may act as the local contact representative.
(c) 
Vacant lots must be maintained free of litter, weeds, dry brush, dead or dying vegetation, graffiti, debris, trash, junk, storage units, discarded items, and the stockpiling of any material at all times. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that no litter, weeds, dry brush, dead or dying vegetation, graffiti, debris, trash, junk, storage units, discarded items, or materials are stockpiled, collect, or are maintained on the lot.
(d) 
Vegetation Management:
(1) 
Ground cover, turf, and grasses shall be maintained to be no more than four inches tall.
(2) 
Weeds over four inches tall shall be removed.
(3) 
Shrubs and hedges shall be trimmed to maintain a minimum of 18 inches between the lowest branch and the ground below.
(e) 
Fencing and Security:
(1) 
Vacant lots must be secured to prevent illegal dumping, criminal activity, vandalism, graffiti, trespassing, and all other attractive nuisance.
(2) 
Vacant lots shall be fenced on all sides along, or within two feet of, the property line.
(3) 
Fencing shall be a minimum of 72 inches in height.
(4) 
Fence posts shall be installed in the ground unless the perimeter of the site is paved, in which case fence panel stands may be used. Fence panel stands shall be composed of the same material as the fence, structurally sound, and hold fence panels in a fully erect position.
(5) 
Fencing shall be non-view-obscuring so as to provide clear and open visibility of the vacant lot and shall allow adequate site distance at driveways and intersections as determined by the City Engineer.
(6) 
Fencing around vacant lots 5,000 square feet or more in size must be provided with a gate to allow access to the vacant lot for emergency services.
(7) 
Fencing shall be maintained in good condition at all times.
The Community Development Director may approve alternative methods of securing vacant lots provided they are at least as effective in achieving the intent of the requirements of this section.
(f) 
Signage Requirements:
(1) 
A minimum of one "No Trespassing" sign must be displayed along each property frontage and visible to the public.
(2) 
Each property shall be posted with the name, address, and 24 hour contact phone number of the person authorized and responsible for maintenance of the property according to this section. Such person may be the owner or a property management firm. The posting shall be constructed of and printed with weather resistant materials, be no less than 18 inches by 24 inches, be legible from the public right-of-way, and shall contain, along with the name, address, and 24 hour contact number, the words "THIS PROPERTY MANAGED BY," if applicable, and "TO REPORT PROBLEMS OR CONCERNS CALL." If the local property maintenance agent is different than the local contact representative identified pursuant to subsection (b) above, the posting shall also include the name, address, and 24 hour contact phone number of the local contact representative.
Any private property, or use of private and/or public property found to be maintained in violation of the forgoing sections is hereby declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1-12.