Chapter 8.80
ACCUMULATION OF JUNK
Sections:
8.80.010 Definitions.
8.80.020 Prohibitions.
8.80.030 Regulations.
8.80.040 Junkyards.
8.80.050 Disposal of junk.
8.80.060 Firewood.
8.80.070 Director of Development Services to enforce.
8.80.080 Determination of Director of Development Services.
8.80.090 Notice of violation.
8.80.110 Appeal – Notice of hearing – Hearing – Findings – Order of abatement – Enforcement.
8.80.120 Failure to comply with notice an infraction.
8.80.130 Nuisance.
8.80.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
A. “Front lot line” means the line separating the front of the lot from the street. If a lot is bounded by more than one street then the front lot line is the line most nearly facing the front of the main building on the lot; provided, that if there is no building on the lot the front lot line may be designated by the owner of the lot.
B. “Front yard” means a yard extending across the full width of a lot and extending from the front lot line to the front foundation line, and its prolongations, of the main building. If the lot is vacant, the front yard depth shall be 50 feet.
C. “Junk” means any combustible or noncombustible nonputrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.
D. “Lot” means a parcel two acres or less in size.
E. “Lot used for residential purposes” means a lot on which one or more dwellings are located.
F. “Rear lot line” means the lot boundary line or lines most distant from and generally opposite the front lot line.
G. “Side lot line” means any lot boundary line that is not a front or rear lot line. (Ord. 29 § 1, 1981; CC § 68.701)
8.80.020 Prohibitions.
No person shall accumulate junk:
A. On any lot that is not in his ownership or possession, unless he has permission from the owner of such lot to do so;
B. On any lot used for residential purposes, unless done in strict compliance with PMC 8.80.030.
C. On any parcel of land adjacent to a lot used for residential purposes, except:
1. As a part of and incident to a lawfully established and conducted commercial or industrial enterprise; or
2. When done in strict compliance with PMC 8.80.030. (Ord. 29 § 1, 1981; CC § 68.702)
8.80.030 Regulations.
A. No person shall accumulate junk, or permit junk to be accumulated, on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line; or
4. In the front yard.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with all of the following regulations:
1. The accumulation shall be stored either in sturdy, verminproof, closed containers, or on platforms elevated not less than 18 inches above the ground;
2. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests;
3. The accumulation shall not be strewn about or maintained in an unsightly condition;
4. The accumulation shall be maintained so as not to constitute a fire hazard;
5. The accumulation, if not contained in metal or opaque containers, shall be kept in an area enclosed by a lawfully constructed opaque fence or wall at least two feet higher than the accumulation or, alternatively, said accumulation shall be completely covered with canvas, a tarpaulin, opaque plastic or some like material; and
6. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare. (Ord. 29 § 1, 1981; CC § 68.703)
8.80.040 Junkyards.
This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard, motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by the zoning ordinance and/or this code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard, or salvage yard. (Ord. 29 § 1, 1981; CC § 68.704)
8.80.050 Disposal of junk.
This chapter does not prohibit the accumulation of junk in accordance with the conditions and requirements of, and for the purposes authorized by PMC 8.68.150, or for a reasonable time prior to disposal thereof in a public dump or other place where disposal lawfully may be made. (Ord. 29 § 1, 1981; CC § 68.705)
8.80.060 Firewood.
This chapter does not prohibit the accumulation of used lumber, lumber scraps and/or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly stacked and shall be maintained in accordance with the provisions of subsections (A)(1) and (4) and subsections (B)(2), (3) and (4) of PMC 8.80.030; and, provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width. (Ord. 29 § 1, 1981; CC § 68.706)
8.80.070 Director of Development Services to enforce.
The Director of Development Services shall enforce this chapter. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.707)
8.80.080 Determination of Director of Development Services.
The Director of Development Services shall determine whether or not a person is accumulating junk in such a manner as to constitute a violation of this chapter. In making such determination the Director of Development Services may consider the nature, size and extent of the accumulation; the length of time the accumulation has been permitted to remain; whether, and to what extent, the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.708)
8.80.090 Notice of violation.
If the Director of Development Services determines that an accumulation of junk exists in violation of this chapter, he shall give a written notice and order to the owner or to the occupant of the premises or, if such person cannot be located on the premises, to any person over the age of 18 years who is apparently in possession of the premises, or, if there is no such person, then by mailing said written notice and order postage prepaid, return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the County Assessor. Such written notice and order shall be substantially in the following form:
You are hereby informed that the Director of Development Services of the City of Poway has determined that there is an unlawful accumulation of junk, contrary to Section ______________ of the Poway Municipal Code, on the following premises:
(street address or other designation of premises)
You are hereby ordered to remove said accumulation of junk from said premises within ten days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring said accumulation of junk into conformity with the requirements of said Section _____________ of the Poway Municipal Code. You are hereby advised of your rights to appeal from this Notice and Order pursuant to Sections 8.80.100 and 8.80.110 of the Poway Municipal Code. Failure to comply with this Notice and Order constitutes a violation of Section 8.80.120 of said Poway Municipal Code.
(Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.709)
8.80.110 Appeal – Notice of hearing – Hearing – Findings – Order of abatement – Enforcement.
A. Within a period of three days, exclusive of Saturdays, Sundays and holidays, following the service of written notice and order by the Director of Development Services pursuant to PMC 8.80.090, the person ordered to remove the accumulation of junk may file with the City Clerk a written appeal from said notice and order. Such appeal shall contain the appellant’s name, mailing address and a general statement of exceptions taken by the appellant to the notice and order.
B. Upon receipt of an appeal, the City Clerk shall immediately notify the Director of Development Services and shall set such appeal for hearing at the next regular meeting of the City Council at which, in the opinion of the Clerk, there will be sufficient time available to conduct such hearing. Said Clerk shall forthwith give a written notice of the time, date and place of hearing to the Director of Development Services and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal.
C. At the time, date and place indicated, the Director of Development Services shall produce evidence of the existence of the unlawful accumulation of junk which is the subject of the notice and order. The appellant may likewise produce relevant evidence.
D. The City Council shall consider all relevant evidence produced at said hearing and, if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare the same to be a public nuisance.
E. The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists the City Council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the Director of Development Services.
F. If the City Council does not find that a public nuisance exists, it shall vacate the order of the Director of Development Services, in which event the City Council need not make findings. In the event the City Council determines that a public nuisance exists and orders the abatement thereof, the Director of Development Services shall serve the order of abatement in the manner described in PMC 8.80.090, shall enforce the order, may supervise the abatement of the nuisance if he deems it necessary to do so, and may take such further orders in furtherance of said order of abatement as he deems necessary under the circumstances. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.711)
8.80.120 Failure to comply with notice an infraction.
Failure to comply with the notice and order given by the Director of Development Services pursuant to PMC 8.80.090, or with the order of abatement given by the City Council pursuant to PMC 8.80.110, constitutes an infraction. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 68.712)
8.80.130 Nuisance.
The accumulation of junk contrary to this chapter is declared a public nuisance. Upon direction of the City Council, the City Attorney shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction. (Ord. 29 § 1, 1981; CC § 68.713)