Chapter 8.24


8.24.010    Nuisance defined.

8.24.020    Maintaining a nuisance prohibited.

8.24.010 Nuisance defined.

Each and every one of the following acts or conditions is hereby declared to be a nuisance for purposes of this chapter:

A. Fire Hazards. Any dry or dead shrub, tree, combustible refuse, or waste, or growing material which by reason of its size, manner of growth and location, constitutes a fire hazard to a structure, crop or other property.

B. Polluted Waters. A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. “Polluted water” means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition.

C. Refuse and Waste. The keeping of refuse and waste on any property for a period in excess of seven calendar days. “Refuse and waste” means matter including but not limited to: rubbish, trash, debris of any kind, including but not limited to rubble, broken up asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal and trimmings from plants and trees, cans, bottles and barrels.

D. Overgrown or Dead Vegetation. Vegetation which:

1. Causes a hazardous condition to pedestrian or vehicle traffic; or

2. Is likely to harbor rats, vermin and other situations likely to cause a hazard to the public safety.

E. Storage of Items.

1. Trailers, campers, boats or motor vehicles present on vacant property or in front yard areas of developed lots other than driveways.

2. Inoperative, abandoned, wrecked or dismantled vehicles present on any property excepting vehicles or parts thereof, which are completely enclosed within a building. “Vehicle” as used in this section shall be defined as set forth in California Vehicle Code Section 670.

3. Broken or discarded furniture and household equipment stored on vacant property or in front yards or side yards visible from a public street on developed lots for periods in excess of seven calendar days. Such items include but are not limited to stoves, refrigerators and water heaters.

F. Premises Maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare in such manner as to constitute a public nuisance as defined by California Civil Code Sections 3479 and 3480.

G. Unsafe Buildings and Other Structures. Existence in any building or other structure of any of the following conditions or defects to a significant degree:

1. Any door, aisle, passageway, stairway or other means of exit which is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit.

2. Any portion thereof which has been damaged by earthquake, wind, flood or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of the building code for a new building or similar structure.

3. Any portion or member or appurtenance thereof which is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

4. Any member, appurtenance or ornamentation on the exterior thereof which is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the building code without exceeding the working stresses permitted in the building code.

5. The building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, which is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

6. The building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

7. The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants or criminals, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

8. The building or structure is used or intended to be used for dwelling purposes and, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the director of the health care agency, or is likely to work injury to the health, safety or general welfare of those living within.

9. Any building or structure used for dwelling purposes which has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

10. Any building or structure, which by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

11. Buildings or structures maintained in violation of AVMC Title 13.

12. Any unpermitted structure and/or addition or attachment thereto for which a permit is required by this code and has not been obtained.

H. Unsafe Swimming Pools and Other Outdoor Bodies of Water. Any swimming pool or other outdoor body of water maintained in violation of any of the enclosure requirements of AVMC Title 13.

I. Signs. Any signs as defined in Chapter 15.94 AVMC erected or maintained in violation of AVMC Title 13 or Chapter 15.34 AVMC.

J. Removal of Hardscape. Removing, taking or altering, without city approval, enhanced hardscape improvements such as, but not limited to, fountains, concrete pavers within an enhanced paving area, furniture, and public amenities, on private property; provided, that this subsection shall not apply to lots or parcels used for single-family residential purposes, or to individually owned areas of multifamily projects. [Ord. 2010-126 § 1 (Exh. A); Ord. 2007-093].

Cross-references: massage establishments, AVMC 4.14.250; body art facility, AVMC 4.35.170; animal noise, AVMC 6.04.030; vicious dogs, AVMC 6.04.240; solid waste containers, AVMC 7.05.200; solid waste collection and removal, AVMC 7.05.250; construction or demolition debris, AVMC 7.15.100; well construction and abandonment, Chapter 7.25 AVMC; stormwater, AVMC 7.35.110; disturbances in residential areas during sleeping hours, AVMC 8.10.030; noise, AVMC 8.12.100; graffiti, AVMC 8.14.020; unauthorized camping, sleeping and storage of personal property on public property, Chapter 8.22 AVMC; encroachment and work in the public right-of-way, AVMC 10.04.330; buildings and construction, AVMC Title 13; fire protection in subdivisions, AVMC 14.10.160; illegal and abandoned signs, AVMC 15.34.040; sign maintenance, AVMC 15.34.060.

8.24.020 Maintaining a nuisance prohibited.

The creation or maintenance of a nuisance as defined in this chapter is prohibited. Any person who owns, leases or otherwise controls property on which there exists a nuisance as defined in this chapter shall be punishable as set forth in Chapter 1.06 AVMC. [Ord. 2010-126 § 1 (Exh. A)].