[1]
Prior legislation: Ords. 1261, 1728, 2016, 2045, 2065 and 2074.
The purpose of this chapter is to promote and protect the public health, safety, aesthetic, and general welfare of the Livermore community against activities and conditions that negatively interfere with, or negatively affect, the community at large.
The City Council finds that: the City of Livermore has a history and reputation for well-kept properties and that the general welfare of the community is founded, in part, upon the appearance and maintenance of private properties; it is injurious and detrimental to the public health, safety, and welfare of residents of the City and contributes substantially and increasingly to the deterioration of residential neighborhoods and commercial areas when certain conditions exist on properties in the City that are below the minimum conditions required by this chapter; it is injurious and detrimental to the public health, safety, and welfare of residents of the City when certain prohibited activities occur; nuisances should be abated by the responsible parties; and the need to formally abate the conditions and activities declared to be public nuisances in this chapter impacts City personnel and resources, and the abatement of repeat violations requires resources over and above the level of enforcement services normally provided, and the costs for the City's enforcement and abatement should be paid by the responsible parties.
(Ord. 2096 § 3 (Exh. A), 2020)
As used in this chapter:
"Firearm"
means a firearm as defined in California Penal Code Section 16520, as amended from time to time.
"Front yard"
means the same as that term is defined in LDC 11.01.020.
"Graffiti"
means vandalism consisting of defacing, tagging, marring, inscribing, etching, scratching, painting, pasting, or affixing of other markings on buildings, improvements, fixtures, or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, pavement, curbs, curbstones, street lamp posts, hydrants, trees, electric light or power or telephone or telegraph or trolley wire poles, fire alarms, drinking fountains, vehicles, statues and sculptures, newspaper stands, or garbage receptacles without the prior consent of the owner of the property on which the surface is located, regardless of the nature of the material. "Graffiti" does not refer to any particular style of art and does not include:
1. 
Any sign or banner that is authorized by, and in compliance with, the applicable requirements of this code;
2. 
Any mural or other painting or marking on the property that is protected as a work of fine art under the California Art Preservation Act (California Civil Code Sections 987 et seq.) or as a work of visual art under the federal Visual Artists Rights Act of 1990 (17 U.S.C. Sections 101 et seq.); or
3. 
Any art work consented to in advance by the property owner.
"Locked container"
means a locked container as defined in California Penal Code Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.
"Owner" and "property owner"
means the person identified in the last equalized assessment roll prepared by the Alameda County assessor, or in the records maintained by the Alameda County recorder, whichever is most current.
"Person,"
as used in this chapter, means any individual, partnership, corporation, limited liability company, association, or other organization, however formed, including heirs in possession, executors, administrators, or assigns.
"Property"
means the same as that term is defined in LDC 11.01.020, and includes any alley, sidewalk or parkway abutting such lot or parcel of land, or improvements thereon, or portions thereof, as the case may be.
"Public nuisance"
means anything which is, or is likely to become, injurious to health or safety, or is 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, square, street or highway, as well as any violation of this code as set forth in LMC § 1.16.030. All conditions and acts enumerated in LMC § 8.14.030 and § 8.14.040 are public nuisances per se by definition and declaration, but those enumerated conditions and acts shall in no way be construed to be exclusive or exhaustive of public nuisances in the City.
"Rear yard"
means the same as that term is defined in LDC 11.01.020.
"Residence"
means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), timeshares, mobile homes, and recreational and other vehicles where human habitation occurs.
"Responsible party"
means any owner; property owner; person leasing, renting, or occupying property; and any person having charge, control, or possession of any property, as well as any other person, that causes, creates, permits, maintains, tolerates, or allows any public nuisance activity or condition to be created or exist.
"Side yard"
means the same as that term is defined in LDC 11.01.020.
"Trigger lock"
means a trigger lock that is listed on the California Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635.
"Vector"
means any animal capable of transmitting human disease or capable of producing human discomfort or injury, including but not limited to mosquitoes, flies, mites, ticks, other arthropods, rodents and other vertebrates.
"Vehicle"
means the same as that term is defined in California Vehicle Code Section 670, as that statute may be amended from time to time, and includes 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. "Vehicle" does not include wheelchairs.
(Ord. 2096 § 3 (Exh. A), 2020; Ord. 2136 § 1(A) – (D), 2022)
In addition to other provisions in this code that constitute a public nuisance, it is hereby declared that the creation, maintenance, or mere existence of any of the following conditions and activities is a public nuisance per se:
A. 
Landscaping and Vegetation. The existence of neglected or improperly maintained landscaping and vegetation, including but not limited to the following conditions:
1. 
Landscaping and other vegetation that is dead, debris laden, overgrown, unsightly, or unkempt.
2. 
Accumulation of plant litter, or litter fallen from trees, shrubs, hedges, grass and other ground covers; uncollected trimmings from plants, trees, or other debris and litter.
3. 
Vegetation likely to harbor rodents or vermin.
4. 
Vegetation growing on the roof or compromising the integrity of any structure, except for rooftop gardens designed and constructed to withstand structural load.
5. 
Vegetation that is unhealthy, has not been properly pruned or cared for, or that is structurally unsound, and any cutting, trimming, and removal of trees that violates Chapter 12.20 LMC.
6. 
Required landscaping as a condition of any permit or development approval, or included in the project plans or application without City approval, that is not maintained in a good condition. "Good condition" means that plant material is alive, irrigated, and otherwise cared for to ensure survival.
B. 
Waste. The accumulation, deposit, or storage of waste on public property, in the public right-of-way, on commercial property that is accessible to or visible to the general public, or in any front, side, or rear yard that is accessible to or visible to the general public from a public sidewalk, trail, alley, or right-of-way, including but not limited to the following conditions:
1. 
Junk, dirt, or debris, including but not limited to broken, abandoned or discarded furniture, goods and furnishings, personal property or other property not deemed for outdoor use including sinks, toilets, cabinets, or other household fixtures or appliances. Junk includes but is not limited to items listed in this section that are 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.
2. 
Unused or discarded matter or material, including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, lumber, salvage materials, or other materials.
3. 
Machinery or parts thereof, including but not limited to scrap metals and other pieces of metal that are ferrous or nonferrous, wrecked, dismantled, or inoperable vehicles, tires, and equipment, and parts thereof.
4. 
Rubbish, trash, or garbage, including but not limited to cans, bottles and barrels, and any other type of garbage that has not been collected by the garbage service.
5. 
Dilapidated or deteriorated tarps or coverings.
6. 
Shopping carts, boxes, crates, cartons, containers, packing boxes, storage containers, pallets, metal storage bins or containers, or other storage items or material.
7. 
Grease, oil, paint cans, or petroleum-based products of any kind.
8. 
Any abandoned, broken, or neglected equipment, machinery, tool, engine, motor, refrigerator, freezer, wash, dryer, dishwasher, trash compactor, or other major household appliance.
9. 
Garbage cans, containers, and solid waste carts in front yards and side yards except as permitted by LMC § 8.08.040(H)(1). It is not a public nuisance for garbage cans, containers, and solid waste carts to be neatly stored and not overflowing in side yards visible from the public right-of-way provided they are screened from view by the general public from a public sidewalk, trail, alley, or right-of-way, or are located next to the residential structure or in a similar location.
10. 
Commercial litter that violates LMC § 8.08.630.
11. 
Overflowing trash or accumulation of litter in multi-family residential properties that violates LMC § 8.08.040(G).
C. 
Maintenance of Property. The maintenance of property and buildings accessible to or visible to the general public from a public sidewalk, trail, alley, or right-of-way, in a broken, defective, or unsightly condition, or in a condition of disrepair, including but not limited to the following conditions:
1. 
Property, structures, buildings, fences, hardscape features, or building exteriors that are in a broken, defective, or unsightly condition, or in a condition of disrepair. This includes but is not limited to:
a. 
Exterior walls, windows, or fences that are cracked, broken, leaning, fallen, decayed, deteriorated, or defaced.
b. 
Unpainted, untreated, or unfinished buildings where no major exterior repair or construction activity is occurring.
c. 
Building and structure exterior that has deteriorated paint, treatment, stucco, finish, or other exterior covering, that is checking, cracking, peeling, or chalking.
d. 
Building and structure exterior that is warping, or contains dry rot, or is causing structural decay, or is infested by rodents, vermin, or insects.
e. 
Inadequate weather protection on buildings or structures including but not limited to broken or inadequate windows, inadequate roofing material, or holes in walls, floors, or the roof.
2. 
Property, buildings, structures, driveways, sidewalks, or parking areas that are in a broken, defective, or unsightly condition, or in a condition of disrepair.
3. 
Buildings or other structures that are partially or wholly destroyed, or that are partially constructed without a valid building permit, or without ongoing construction activity occurring if a building permit is not otherwise required.
4. 
Vacant or abandoned buildings or structures with doorways, windows, or other openings left open, unlocked, unsecured, or otherwise easily accessible to trespassers, vagrants, vandals, or other persons not authorized to enter.
5. 
Unsafe play structures or other attractive nuisances dangerous to children including unsecured pools, ponds, grading, excavation, and construction.
6. 
Any condition violating the International Property Maintenance Code as adopted in Chapter 15.04 LMC.
D. 
Vehicle and Vehicle Repair Nuisances. The improper parking and storage of vehicles, and the existence of dismantled and abandoned vehicles and unpermitted vehicle repair services in zones that do not permit those activities, including but not limited to the following conditions:
1. 
On property in residential zones, the exterior storage or maintenance of dismantled or inoperative vehicles, automotive engines, parts, or machinery of any type that is visible to the general public from a public sidewalk, trail, alley, or right-of-way.
2. 
On property in residential zones, performing repairs on vehicles that are not owned by a property owner or verified resident, or that violate the home occupancy regulations in LDC 6.02.060(H). Repairs to vehicles that are owned by the property owner or a verified resident, including a car, truck, boat, trailer, camper, motor home, or other mobile or mechanical equipment, whether or not motorized, may be performed in an approved driveway, garage, carport, or other required off-street parking space in compliance with City codes but must either be completed within 72 consecutive hours or enclosed within a garage or other building and not visible to the general public from a public sidewalk, trail, alley, or right-of-way.
3. 
On property in residential and commercial zones, the parking or storage of heavy commercial vehicles, military vehicles, construction equipment, or machinery of any type or description that is visible to the general public from a public sidewalk, trail, alley, or right-of-way, without a valid permit, except during excavation, construction, or demolition operations pursuant to an active building permit in progress on the subject property or on adjoining property, or if exempt by state law.
4. 
The accumulation or storage of vehicles that violates Chapter 10.48 LMC.
5. 
The parking or storage of any vehicle that violates LMC § 10.20.270 or LDC 4.04.010(A)(4) or (A)(5).
E. 
Land Use Nuisances. The maintenance of property in a condition that is injurious or potentially injurious to the public health, safety, and welfare of the public or adjacent properties, including but not limited to the following conditions:
1. 
Changes to the natural topography, geology, or configuration of land that causes erosion, subsidence, or a change in surface water discharge that:
a. 
Damages or intrudes upon any public or private property; and
b. 
Arises from work that was performed without a City permit or work that either violates or is not maintained consistent with permit conditions.
2. 
Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, gutter, highway, right-of-way, trail, park, or building without a valid permit. Such obstructions or encroachments include, but are not limited to, overgrown trees and shrubs; building materials or ramps; merchandise or other personal property, such as sports equipment, basketball hoops, and discarded furniture that is not scheduled for collection; and buildings or portions of buildings or structures protruding onto public property.
3. 
Property maintained in a manner which causes a hazard to the public by obscuring visibility of an intersection, including any fence that violates LDC 4.05.040(A)(5).
4. 
Discharge of any materials other than storm water into the City storm sewer system that violates Chapter 13.45 LMC.
5. 
On property in residential zones, the use of barbed wire, concertina wire, razor-cut wire, fencing topped with spikes, nails, broken glass or other such similar fencing material, and any fencing of screening material that violates LDC 4.05.040.
F. 
Emergency Proclamations and Orders. Any activity that violates any order issued by the Director of Emergency Services for the City of Livermore, the health officer of the county of Alameda, or any person with competent jurisdiction and authority to authorize, direct, and empower enforcement by the City, including any activity violating Chapter 9.08 LMC, during an emergency.
G. 
Vectors. Any activity, including the maintenance of a building, structure, property, or water, that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors, or that is a breeding place for vectors. The presence of vectors in their developmental stages on the property is prima facie evidence that the property is a public nuisance.
H. 
Graffiti. Causing, maintaining, or permitting graffiti:
1. 
On exterior walls or facades of buildings, fences, walls, sidewalks, gutters, street surfaces, or other structures of whatever nature; or
2. 
On the exterior of motor vehicles, vans, or trucks which are parked on driveways or on private property that are otherwise accessible to or visible to the general public from a public sidewalk, trail, alley, or right-of-way.
I. 
Hazardous Materials. The storage of hazardous materials in such a manner as to be injurious or potentially injurious to public health, safety, and welfare or to adjacent properties.
J. 
Signs. The installation or maintenance of a sign or sign structure that violates Chapter 4.06 LDC, and the existence of any sign on property relating to uses no longer conducted or products no longer sold on the property more than 60 days after business uses or products sold cease. This section does not apply to historic signs or to the exempt signs identified in LDC 4.06.030.
K. 
Unsafe Storage of Firearms. Keeping a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. This section shall not apply if the firearm is carried on the person of an individual in accordance with all applicable laws or the firearm is under the control of a person who is a peace officer under California Penal Code Section 830.
L. 
Miscellaneous. The creation, maintenance, or mere existence of any of the following conditions:
1. 
The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in this code, including any violation of the Livermore Municipal or Development Code as defined in LMC § 1.16.030.
2. 
A public nuisance as defined to be a nuisance by California Civil Code Section 3479 or 3480.
3. 
Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on a property which constitutes visual blight, or is a health or safety hazard to the community or neighboring properties.
(Ord. 2096 § 3 (Exh. A), 2020; Ord. 2136 § 1(E), 2022)
In addition to other provisions in this code that constitute a public nuisance, it is hereby declared that any building or structure that has one or more of the following conditions that is determined to exist by the City building official or his or her designee is declared to be a public nuisance per se and an unsafe, substandard, and dangerous building:
A. 
Inadequate sanitation;
B. 
Structural hazard;
C. 
Hazardous electrical wiring;
D. 
Hazardous plumbing;
E. 
Hazardous mechanical equipment;
F. 
Faulty weather protection (faulty or inadequate roof or exterior cover);
G. 
Fire hazard;
H. 
Use of faulty construction materials;
I. 
Hazardous or unsanitary premises (for the purposes of this section, "premises" means property as that term is defined in this chapter);
J. 
Inadequate exits;
K. 
Inadequate fire protection or firefighting equipment;
L. 
Improper occupancy;
M. 
Vacant and not secured against entry to trespassers;
N. 
Any other violation of the most current adopted building codes;
O. 
Any other violation which is set forth in the most current edition of any of the following code sections:
1. 
Chapter 15.04 LMC, Property Maintenance Code.
2. 
Chapter 15.20 LMC, Dangerous Buildings.
3. 
California Building Code Section 116, Unsafe buildings or structures.
4. 
California Health and Safety Code Section 17920.3, Substandard buildings.
5. 
Uniform Code for the Abatement of Dangerous Buildings Section 302, Dangerous building.
(Ord. 2096 § 3 (Exh. A), 2020)
A. 
It is unlawful for any person to engage in any activity that is declared to be a public nuisance.
B. 
It is unlawful for any person to create, maintain, or allow a public nuisance to exist on property the person owns, possesses, occupies, maintains, or controls.
C. 
Each day a public nuisance exists is a separate and distinct offense.
(Ord. 2096 § 3 (Exh. A), 2020)
A public nuisance shall be abated as follows:
A. 
All or any part of property found to constitute a public nuisance shall be abated by rehabilitation, demolition, and/or repair pursuant to the procedures set forth in Chapter 8.15 LMC, Procedure for Abatement of Public Nuisances.
B. 
If the City's building official determines that an unsafe, substandard, and dangerous building or structure can be rehabilitated or repaired and made safe, it shall be abated pursuant to Chapter 8.15 LMC, Procedure for Abatement of Public Nuisances. If the City's building official determines that the condition of the building or structure is in such a dangerous condition that the only feasibly economic alternative is to demolish it, it shall be abated pursuant to the procedures set forth in Chapter 15.20 LMC, Dangerous Buildings.
C. 
Activities that violate emergency proclamations and orders, or that involve vectors, or unsafe storage of firearms, may be abated using the emergency abatement procedures set forth in LMC § 8.15.040.
D. 
Enforcement and abatement of a public nuisance violation by way of criminal prosecution is an alternate and additional remedy to other abatement and enforcement procedures available to the City.
(Ord. 2096 § 3 (Exh. A), 2020; Ord. 2136 § 1(F), 2022)