§ 8.34.040. Nuisance conditions.

It is declared a public nuisance for any person owning, leasing, occupying or having charge of any property in this city to maintain such property in such manner that any one or more of the following conditions or activities are found to exist:

A.

Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

B.

Buildings which are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction;

C.

The failure to close by means acceptable to the city, all doorways, windows and other openings into vacant structures;

D.

Unpainted buildings causing dry rot, warping or termite infestation;

E.

Broken windows constituting hazardous conditions or inviting trespassers and malicious mischief;

F.

Overgrown vegetation:

1.

Likely to harbor rats, vermin and other nuisances,

2.

Causing detriment to neighboring properties, or

3.

Causing a fire hazard;

G.

Dead, decayed, diseased or hazardous trees, weeds and other vegetation:

1.

Constituting a danger to public safety and welfare, or

2.

Detrimental to nearby property;

H.

Attractive nuisance dangerous to children in the form of:

1.

Abandoned and broken equipment,

2.

Hazardous pools, ponds and excavations, and

3.

Neglected machinery;

I.

Broken or discarded furniture and household equipment on the premises for unreasonable periods, visible from the street or nearby property, which constitutes visual blight or is detrimental to nearby property or property values;

J.

Garbage cans located in front or side yards and visible from public streets;

K.

Packing boxes, lumber, trash, dirt and other debris deposited for unreasonable periods either inside or outside buildings, visible from the street or nearby property, which constitutes visual blight or is offensive to the senses or is detrimental to nearby property values;

L.

The accumulation of dirt, litter, or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;

M.

Neglect of premises:

1.

To spite neighbors, or

2.

To influence zone changes, or

3.

To cause detrimental effect upon nearby property or property values;

N.

Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by state Civil Code Section 3479;

O.

Property maintained in such condition as to become so defective, unsightly, 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;

P.

Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;

Q.

Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

R.

Any automobile service station which is closed, vacant or inoperative for a period exceeding sixty days is declared to be a public nuisance. Inoperative is defined as the failure to sell gas, either retail or wholesale, during the sixty-day period;

S.

Specialty structures which have been constructed for a highly specific single use only, and which are not enclosed or shielded, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair and constitute a hazardous condition, including, but not limited to, tanks for gas or liquid, boat housing and storing facilities, boat hoisting and docking facilities, boat mooring pilings, lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and tower structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, drive-in movie screens, recreational structures such as tennis courts and cabanas, and all other specialty structures not listed in this subsection but determined to be a specialty structure by the city;

T.

Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except:

1.

When completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or

2.

When stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

U.

Obstruction or encroachment of any public property, including but not limited to any public street, highway, right-of-way, park or building;

V.

Parking or storage of operable vehicles, boats or recreational vehicles in side yards, unless such vehicle or boat is adequately screened and any such vehicle or boat is five feet or more within the side yard;

W.

Any violation of any provision of this code;

X.

Storage of hazardous materials in such a man-ner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

Y.

Any condition recognized in law or in equity as constituting a public nuisance.

Z.

The failure to maintain commercial structures or their parking areas, landscaping, lighting or common areas thereby resulting in conditions which may constitute a danger to the public health, safety or welfare, or resulting in conditions which may be detrimental to nearby properties;

A.A.

The failure to maintain structures or their parking areas, landscaping, lighting or common areas in conformance with conditions imposed by use permit, variance, design review approval, or other city discretionary approvals.

(Ord. 96-4 Div. 1 §§ 1—4, 1996; Ord. 92-13 Divs. 1, 2 (part), 1992.)