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.
(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.
