§ 14.50.040. Prohibited activities or conditions.  


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  • It is declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property in this city to maintain such property, regardless of whether such property contains a conforming or legal nonconforming use or structure, in a manner that any of the following conditions or activities are found to exist thereon:

    1.

    The accumulation of dirt, litter, junk, salvage materials, lumber or other debris visible from a street, sidewalk, alley or neighboring property, or verified through other lawful means.

    2.

    Clotheslines or clothes hanging in front yards, on front porches, or balcony railings and visible from a public street.

    3.

    Unconcealed trash can stored in the front, corner or side yard visible from a street, sidewalk, or alley. Trash can stored in the front, corner or side yard shall be concealed by the use of the following materials singly or in combination, and shall be architecturally consistent with the materials used in the surrounding buildings:

    a.

    Masonry, such as exterior wall brick or finished precast concrete block, such as striated or fluted block. Unfinished cinder block shall not be permitted in the front yard. Masonry walls and fences constructed in the front or side yards, or visible rear yards in a landmark district, the central district, or on property designated as a landmark or historic monument, or listed in the National Register of Historic Places, or eligible for designation or listing, shall be subject to review under Chapter 17.52 or Chapter 17.92 of the Zoning Code.

    b.

    Wood, provided that the wood is cedar, redwood or pine and at least five-eighths of an inch thick. If cedar, redwood, or pine is used to conceal a trash can, it shall be weather-protected from possible rot or decay by the application of a preservative on a regular basis by the party responsible for the maintenance of the subject premises;

    c.

    Evergreen shrubbery consisting of permanent, living material which is continuously maintained in a sound, healthy and vigorous condition, free of plant diseases, insect pests, weeds, refuse and debris. Shrubbery shall be maintained so as to create a continuous barrier and must effectively conceal the trash can;

    d.

    Earthen berm or recession with an embankment so as to achieve a continuous barrier.

    4.

    Any trash can, refuse container, or recycling bin placed in a front yard or near the street curb for more than 24 hours before or after the time for collection of garbage or other materials from said container.

    5.

    Broken or discarded furniture, household or business equipment, shopping carts or similar items, placed outdoors for more than 24 hours.

    6.

    Attractive nuisances dangerous to children, including but not limited to: abandoned, broken or neglected equipment, machinery, dilapidated structures, refrigerators and freezers, excavations and hazardous pools, whether or not they contain any water or liquid.

    7.

    Any sidewalk or driveway on private property which is broken, damaged or raised to such a degree as to be hazardous to persons using said sidewalk or driveway.

    8.

    Overgrown vegetation likely to harbor rats, or other vermin, or which attain such growth as to become a fire menace when dry or which are otherwise noxious, dangerous or unsightly.

    9.

    Dead, decayed, diseased or hazardous trees which constitute an unsightly appearance, or present a danger to public safety and welfare, or are detrimental to neighboring properties or property values.

    10.

    Trees or other vegetation obstructing visibility at an intersection, or which restrict or impede access to public use of adjacent sidewalks or streets, obstruct official traffic-control devices, or prevent access by city street sweepers cleaning streets. Sidewalk access is impeded when encroaching shrubbery, ground cover, tree branches and other such vegetation cause less than a minimum clear area of 5 feet in width, and 7 feet 6 inches in height to be available for sidewalk traffic.

    11.

    Gross lack of maintenance of grounds on which a structure exists where the grounds are visible from a public street, sidewalk, or from neighboring properties, and where such condition would have a tendency to substantially depreciate the aesthetic environment or property values of surrounding properties.

    12.

    Graffiti or other words, letters or drawings which remain on the exterior of any building or fence for a period of 48 hours and are visible from a street, sidewalk or alley.

    13.

    Residential or commercial buildings left in a state of incomplete construction, partial demolition, damaged by vandalism, fire, earthquake or other acts for a period of 6 months (excluding such time when work is in progress pursuant to a valid building or other construction permit).

    14.

    Fence, wall or vegetation surrounding a vacant or unoccupied building which is maintained in a state of unsightliness or visual blight for a period of 30 days.

    15.

    Any structure in a state of substantial deterioration, including but not limited to: peeling paint on a facade, broken windows, roof in disrepair, damaged porch, broken steps or other deterioration or disrepair, visible from a public street, sidewalk, or from neighboring properties, where such condition would have a tendency to depreciate substantially the aesthetic environment or property values of surrounding properties.

    16.

    Failure to secure all doorways, windows or other openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, to prevent persons from gaining unauthorized access.

    17.

    Dirt, sand, gravel, concrete, scrap metal, wood, building materials or other similar materials kept, stored, deposited or accumulated on property for a period of 30 days (excluding such time when work is in progress pursuant to a valid building or other construction permit).

    18.

    The accumulation of dirt, litter or debris in any vestibule or doorway or on the adjoining sidewalk of a commercial building.

    19.

    Any sign and/or sign structure relating to a use no longer conducted or product no longer sold on the property more than 45 days after a change in use or after the structure upon which the sign and/or sign structure is placed has been abandoned.

    20.

    Signs and/or sign structures maintained in a deteriorated condition.

    21.

    Any sign or advertising structure which was unlawfully erected on public or private property, or declared to be hazardous or unsafe by the city building official.

    22.

    Any sign legally erected which later became nonconforming as a result of the adoption of an ordinance on which the amortization period provided by the ordinance or other law has expired, and for which conformance has not been accomplished.

    23.

    Failure to park or store in a garage inoperative vehicles, or vehicles placed on blocks, or otherwise immobilized which are in a residential zone.

    24.

    Parking or storage of commercial or construction vehicles or equipment in areas zoned for residential use.

    25.

    Repair and/or dismantling of any vehicle or boat in a residential zone where such activity can be seen from the street or sidewalk, except where such repair and/or dismantling is completed and any evidence of repair, including tools, equipment, motor oils and other fluids, rags, spills, parts, and debris is removed within 3 days after the repair or dismantling was begun. All major vehicle repair must be conducted within a garage. No vehicle repair may be conducted in a customer parking lot serving an auto part or other store.

    26.

    Property maintained in such a manner as to constitute a public nuisance as defined in Civil Code Section 3480.

    27.

    Any dangerous, unsanitary, blighted or unsightly condition which is detrimental to the health, safety or welfare of the public.

    28.

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

    29.

    Oversized vehicles (including but not limited to motor homes, recreational vehicles, trailers, camper shells, slide-in campers, boats, or parts thereof) parked or stored other than in covered parking or on a paved area at the rear of the property Such prohibition shall not apply if the rear yard is inaccessible to the vehicle, in which case parking may be permitted on a paved driveway subject to the following restrictions:

    a.

    The vehicle shall be parked at least 5 feet beyond the front yard property line if there is a sidewalk between the property and the street. If there is no sidewalk between the property and the street curb, the vehicle must be parked at least 5 feet from the paved edge of the street.

    b.

    If the oversized vehicle owner's driveway adjoins a driveway of neighboring property, the location of the oversized vehicle in the driveway shall not create a safety hazard or obstruct the view within 15 feet of the sidewalk or edge of the roadway of that neighbor when entering or leaving his/her driveway.

    c.

    An oversized vehicle parked in the driveway shall not prevent the parking spaces in the garage from being readily accessible. "Readily accessible" means that the oversized vehicle does not have to be moved in order for a second vehicle to enter or exit the garage or carport.

    d.

    Parking in the front yard shall be only upon a driveway leading to covered parking.

    e.

    An oversized vehicle parked in the driveway shall be fully operational, completely assembled, supported only by inflated tires, in good repair, neat and clean. Wrecked, dismantled, unregistered or inoperative vehicles shall not be parked in the driveway or in the rear yard, subject to other sanctions as set forth in this code.

    f.

    An oversized vehicle parked in the driveway shall be moved out of the driveway periodically (i.e., at least once every 30 days) to permit the surface underneath to be cleaned.

    g.

    No vehicle shall be parked on the grass, dirt or other landscaped areas surrounding a residence.

    h.

    Vehicle shall be owned or leased by the residents of the property and licensed with a current registration.

    i.

    An oversized vehicle shall not be used for storage, living or sleeping while parked in the driveway and shall not be connected to water or sewer lines for more than 72 hours.

    j.

    An oversized vehicle may be parked in the driveway for up to 72 hours for the purpose of loading or unloading supplies, or preparing the vehicle for a trip.

    30.

    Storage of abandoned, wrecked, dismantled, unregistered or inoperative automobile, trailer, camper, recreational vehicle, boat or other such vehicles or equipment on residential property.

    31.

    Parking recreational vehicles, campers, boats, cars, or other mobile equipment on the grass, dirt or other landscaped areas surrounding a house.

    32.

    Any condition or activity which adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area.

    33.

    Any condition or activity which jeopardizes or endangers the public health or safety of persons residing or working the premises or in the surrounding area.

    34.

    "Repeated nuisance activities" defined as activities occurring on at least two or more occasions within a twelve (12) month period, and including but not limited to disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sales of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises particularly in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests related to such activities.

    35.

    Any violation of any provision of any city, state or federal regulation, ordinance or statute.

(Ord. 6936 § 4, 2003; Ord. 6630 § 3, 1995: Ord. 6421 § 1, 1991; Ord. 6402 § 2 (part), 1990)