Chapter 4.5 Public Nuisances

4.5.10 Purpose of this Chapter

The purpose of this Chapter is to identify those activities and conditions that shall be considered a public nuisance in the City of La Habra Heights. The summary abatement of any public nuisance shall be undertaken at the expense of the person or persons creating, causing, committing or maintaining the nuisance.

4.5.20 Public Nuisances

The following are considered to be public nuisances:

A.    Un-maintained Landscaping. Excessive overgrowth of vegetation, dead, decayed or diseased trees, growth of weeds or deposit of garden waste that are likely to harbor rats or vermin, constitute a fire or health hazard, or may be dangerous to the public health, safety or welfare;

B.    Dead or Diseased Landscaping. Overgrown, dead, decayed, diseased or hazardous trees or other vegetation, other than compost, that constitutes a fire hazard, is likely to create a hazard to motor vehicles, bicycles, or pedestrians or otherwise interfere with the safe use of any street or road or is likely to impede drainage within or over a parkway, drainage course, or watercourse;

C.    Vegetation Extending into Travel Lanes. Any trees, shrubbery or other vegetation within three (3) feet horizontally of any roadway edge of pavement or not providing a minimum of twelve (12) feet of vertical clearance above roadway surface or extending into or above any street or right-of-way in such manner as to interfere with free passage along, or safe and unobstructed line of sight within, such roadway;

D.    Impairment of View of Street Signs. Allowing or permitting vegetation to be located so as to prevent or impede a clear view of public signs;

E.    Traffic View Impairment by Landscaping. Allowing or permitting vegetation to be located near a driveway or street intersection, or edge of pavement so as to prevent a clear view of approaching vehicles on a street;

F.    Defective Structures. Any defective or deteriorated building that constitutes a potential fire hazard or may result in structural failure or creates an unhealthful condition for surrounding residents;

G.    Unsafe Buildings and Properties. Maintaining a property or structure in a manner that is in violation of the Los Angeles County Building Code or the Fire Code;

H.    Building Maintenance. Maintaining any unpainted building or structure, or those having dry rot, warping, or termite infestations or any building or structure on which the condition of the paint or stucco has become so deteriorated as to permit termite infestation or maintaining buildings or structures with broken windows or doors so as to constitute a hazardous condition and invite trespassers and malicious mischief;

I.    Child Safety. Maintaining or failing to maintain property so as to allow conditions that are dangerous and accessible to children including abandoned, broken or neglected equipment or machinery, hazardous, stagnant or improperly fenced pools, spas, ponds, septic systems or excavations;

J.    Road Hazards. Logs, rocks, sand, dirt or other materials that are likely to create a hazard to motor vehicles, bicycles, or pedestrians or otherwise interfere with the safe use of any street or road or that is likely to impede drainage within or across a parkway, drainage course, or watercourse;

K.    Abandoned Buildings. Any abandoned or vacated building or structure, including garden sheds, stables and pens, left in a condition of disrepair that is easily accessible to the public including those that may become a fire or safety hazard;

L.    Improper Storage. The outside storage of rubbish or junk, including but not limited to: refuse, garbage, food waste other than compost, trash, scrap metal, scrap lumber, concrete, asphalt, cans, bottles, tires, litter, piles of dirt, discarded building materials, yard waste, abandoned, broken, discarded, inoperable or unused furniture, stoves, sinks, toilets, cabinets, refrigerators, freezers or other fixtures, appliances, or equipment;

M.    Improperly Discarded Debris. Abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment;

N.    Accumulation of Waste Products. The keeping or dumping of dead animals, any animal remains, or other waste organic products (waste vegetable matter, ashes, swill or any refuse matter) in any building, premises, public land or water course (all refuse matter must be collected and kept in tightly covered or closed metal cans or vessels);

O.    Vehicle Repair. The repair or dismantling of any automobile, boat or other engine-powered vehicle or conveyance in public view;

P.    Construction Equipment and Machinery. Keeping on real property construction equipment or machinery of any type in violation of the Home Occupancy Ordinance or when such equipment is parked or stored on the owner’s property and is visible from a public easement or an adjoining property, except during construction activities. This does not apply while excavation, construction or demolition operations covered by an active Building Permit are in progress on the subject property or an adjoining property;

Q.    Other Machinery. Keeping, operating or maintaining any machinery on real property which by reason of dust, exhaust or fumes creates a health or safety hazard;

R.    Erosion and Flooding. The failure to maintain property, the topography or configuration of which, whether in its natural state or as a result of grading operations or other earth movement activities, causes or will cause erosion, subsidence or surface water runoff that will result in debris deposit on public roadways or which may otherwise be injurious to public health or safety;

S.    Unsafe Animal Keeping. Keeping or maintaining on property any live or dead animal, reptile or insect in such a manner as to pose a threat, disturbances, danger or menace to the health or safety of the community;

T.    Animal Waste. Keeping or maintaining accumulations of animal manure or other animal matter of any kind or character from which smells or odors emanate or which provide or are likely to provide a breeding place for vermin, insects or rodents of any kind or allowing such waste to be conveyed in water runoff from the site;

U.    Temporary Roofing/Groundcover. Maintaining plastic or other temporary protective materials on roofs or the ground (for erosion control) for more than six (6) months;

V.    Parking of Vehicles. Failing to keep all vehicle parking on an improved surface (refer to Article 7);

W.    Abandoned Vehicles. Parking inoperable or unregistered vehicles in the City for more than thirty (30) days. Vehicles parked for longer periods of time shall be considered abandoned;

X.    Parking of Large Vehicles. Failing to park large vehicles, including but not limited to, motor homes and boats, on an approved parking surface and screened from view;

Y.    Commercial Vehicle Parking. Parking and/or storing commercial vehicles in all areas except for agricultural and other equipment that is permitted pursuant to Article 7;

Z.    Charging of Admission to Parties. Allowing parties which require or accept payment for admission;

AA.    Illegal Dumping. The dumping of any solid waste, hazardous material or bulky item, including but not limited to any waste as defined in California Health and Safety Code Section 25117, demolition and construction wastes, any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle;

BB.    Keeping of Animals. The keeping of animals in setback areas of a property or within 35 feet of an adjacent residence or pool or patio area;

CC.    Resource Production Operations. Failure to ensure that all facilities, pipelines, abandoned pipelines, equipment, structures, wells, idle wells, abandoned wells and all associated resource production operations are maintained and conducted in conformance to all applicable current City, County, State and Federal regulations;

DD.    Unlawful Assembly. Blocking ingress or egress to any public or private building or facility or obstructing any public or private street or right-of-way;

EE.    Violations of this Article. Any other condition or conduct that violates the provisions of this Article or constitutes a public nuisance as defined under California statutory or case law or is contrary to the public peace, health, and safety or otherwise prevents the enjoyment or reasonable use of property;

FF.    Other Nuisances. In addition to these enumerated public nuisances, the City Council shall have the power to declare what conditions, acts or omissions constitute a nuisance.

4.5.30 Prevention and Abatement

Every person who owns or is in possession of any property within the City of La Habra Heights shall, at their own expense, maintain their property, including any parkway areas between their property line and edge of pavement, and any improvements or activities within those properties so that they are free from any public nuisance. All property found to be in any condition that is described in this Chapter shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in Article 8. The procedures for abatement shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

4.5.40 Summary Abatement of Nuisances that Pose an Immediate Threat to Public Health and Safety

If, upon the determination of the City Manager, a particular public nuisance as described in this Chapter or any other applicable Chapter poses an immediate threat to public health and safety, the City Manager may dispense with the applicable notice and hearing requirements and order the immediate abatement of the activity or activities and/or condition or conditions causing the public nuisance consistent with the provisions set forth in Article 8. Prior to ordering immediate abatement pursuant to this Section, the City Manager must set forth in writing the facts and circumstances establishing why the subject property constitutes a public nuisance and why immediate abatement is essential.

4.5.50 Violations/Penalties

Any person or entity that violates any provision of this Chapter is guilty of a misdemeanor which shall be punishable pursuant to the procedures set forth in Article 8 of the La Habra Heights Municipal Code, unless such violation is otherwise declared to be an infraction.