§ 8.24.020. Public nuisance defined.

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. The following are specifically declared to be nuisances and it is not intended by this enumeration to exclude the designation of other conditions as nuisances.

A.

Existence of rubbish, tin cans or waste matter of any type, upon any sidewalk or vacant lot within the city;

B.

Substantial accumulation of rubbish, tin cans or waste matter of any type, including manure of any kind, offensive to any of the senses on private property within the city;

C.

Automobile motors, transmissions and all other automotive parts or accessories stored anywhere other than within a fully enclosed space, carport, garage (public or private) or an approved automobile wrecking yard;

D.

Any animal or fowl which shall die within the city;

E.

Accumulations of wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste material, waste petroleum products or rubbish of any kind upon any roof or in any court, yard, vacant lot or open space. All weeds, grass, vines or other growth, when same endangers property or constitutes a fire hazard;

F.

All combustible rubbish, oily rags or waste material, when kept within a building or adjacent to a building, and not securely stored in metal or metal-lined receptacles equipped with tight-fitting covers or in rooms or vaults constructed of noncombustible materials;

G.

Combustible waste matter beneath trailers or at any other place within an auto and trailer camp;

H.

Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers;

I.

Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

J.

Maintaining property in such manner as to cause a hazard to public by obscuring visibility of intersections.

K.

Maintaining Blighted Property.

1.

Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter:

a.

A building or structure that is not being inhabited, occupied or unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner. This subsection also includes any vacant building, or unit in a vacant building or structure, which is unoccupied, including, without limitation, buildings or structures of any nature intended for human habitation or occupation and includes manufactured housing or mobile homes.

(i)

A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if construction or alteration of the building, structure or unit is in progress pursuant to a valid, unexpired building permit.

b.

A partially constructed, reconstructed or demolished building or structure upon which work is abandoned.

c.

Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

d.

Exterior wall and/or roof coverings that have become deteriorated and do not provide adequate weather protection, resulting in termite infestation and/or dry rot.

e.

Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.

f.

Building exteriors, walls, fences, and retaining walls which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; driveways or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to the public safety. For purposes of this subsection, defacing includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti".

g.

Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.

h.

Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:

(i)

Constitute a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; or

(ii)

Are likely to harbor rats, vermin and other nuisances; or

(iii)

Detract from the property values of neighboring properties.

i.

Landscaping that is not installed or maintained in accordance with any applicable code or permit.

j.

Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this subsection, solid waste means any putrescible and non-putrescible solid and semisolid waste material including without limitation garbage, rubbish, demolition and construction wastes, industrial wastes, reusable or recyclable material, bulky goods, and other discarded solid and semisolid wastes.

k.

Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial or industrial buildings.

l.

Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For purposes of this subsection, "polluted water" means water means water which contains bacterial growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or material or deleterious substance which, because of its nature or location, constitutes an unhealthy or unsafe conditions or water which is defined as "polluted water" or other similar term under state or federal law.

m.

Land having a topography, geology, or configuration that, as a result of grading operations or improvements to said land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.

n.

Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include without limitation vehicles, landscaping, fencing, and signs.

o.

Conditions that due to their accessibility to the public may prove hazardous or dangerous including without limitation:

(i)

Unused or broken equipment;

(ii)

Abandoned wells, shafts, or basements;

(iii)

Hazardous or unprotected pools, ponds, or excavations;

(iv)

Structurally unsound fences, walls, or structures;

(v)

Machinery that is inadequately secured or protected;

(vi)

Lumber, trash, fences, solid waste, or debris that may prove a hazard for the public. For purposes of this subsection, solid waste is defined as set forth in subsection j of this section;

(vii)

Storing or keeping any chemicals, gasoline, motor oil, or other substances, in a quantity exceeding typical residential household usage, which may prove a hazard to the public.

p.

Signs which have not been maintained or are in a state of disrepair for a period of more than thirty days, including without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, signs out of plumb, signs that are unsafe, dangerous to the public, or a hazard to traffic, defaced signs (for purposes of this subsection, defacing includes without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.)

q.

Any airplane or other aircraft, or any parts thereof in the front yard. Airplane or other aircraft, or any parts thereof, may be stored in the side of back yards if such items are concealed by a fence.

r.

Any construction equipment, machinery, vehicles, or material except as follows:

(i)

Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid.

(ii)

Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

s.

Any commercial equipment, machinery, vehicles, or material not authorized by a valid city permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid city permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

t.

Any refrigerator, washing machine, sink, stove, heater, boiler, tank or other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours or the item has been parked, kept, or stored during the intervening period of time upon any public street. This subsection does not prohibit the following:

(i)

Machinery installed in the rear setback areas for household or recreational use.

(ii)

Furniture designed and used for outdoor activities.

(iii)

Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

u.

Storing or keeping of packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this code for the purposes of construction, in any areas visible from public property or neighboring properties for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, solid waste is defined as set forth in subsection j of this section. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street.

v.

Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing, in any setback area, of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

(i)

This subsection shall not prohibit an owner, lessee, tenant or occupant of the property from engaging in periodic activities incidental to the normal use of a motor vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant or occupant of the property to the extent permitted by and in conformance with Title 18. Any such activities shall be completed within a consecutive seventy two hour period.

w.

The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping quarters in any place in the city, outside of a lawfully operated mobile home park or recreational vehicle/travel park, subject to the following:

(i)

Nothing contained in this subsection shall be deemed to prohibit bona fide guests of a city resident from occupying a trailer, camper or recreational vehicle upon residential premises with the consent of the resident for a period not to exceed three hundred thirty-six consecutive hours when; (a) the trailer, camper or recreational vehicle has not been removed from such area for an intervening period of time in excess of three hundred thirty-six consecutive hours; or (b) the trailer, camper, or recreational vehicle has been parked, kept or stored during the intervening period of time on any public street.

(ii)

Nothing contained in this subsection shall be deemed to permit any violation of the Weed Municipal Code, California Building Code, California Electrical Code, or California Plumbing Code by any trailer, camper, or recreational vehicle occupied pursuant to subsection w(i) of this section, or any use of such trailer, camper, or recreational vehicle, or any connection from such trailer, camper or recreational vehicle to any building.

(iii)

Any trailer, camper, or recreational vehicle so used shall not discharge any waste or sewage into the city's sewer system except through an approved residential discharge connection of the residential premises on which the trailer, camper or recreational vehicle is parked.

x.

Any condition which is detrimental to the public health, safety or general welfare or which constitutes a nuisance under any other city ordinance, state law or common law.

y.

Any condition of deterioration or disrepair that creates substantial impact on neighboring properties.

2.

The acts and conditions specified below, when performed or existing upon any lot or parcel of land within the city, whether improved or unimproved, are declared to constitute blighted property, are unlawful, and are defined to be public nuisances which are injurious or potentially injurious to the public health, safety, and welfare, which have a tendency to degrade the appearance and property values of surrounding property and/or which cause damage to public rights-of-way. Nothing herein shall be deemed to restrict a public nuisance to the definition provided below.

a.

A building or structure which is designed for human use or occupancy and which is not occupied as a residence or as business premises by human beings for more than ninety days, and is in violation of one or more of the following requirements:

i.

If the building or structure is the subject of an active building permit for repair or rehabilitation, that the owner is progressing diligently to complete the repair or rehabilitation;

ii.

If the building or structure meets all applicable building, habitability, and municipal code provisions, and does not otherwise constitute a public nuisance, it is ready for use or occupancy and is actively being offered for sale, lease, or rent, at reasonable market rates; or

iii.

The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include compliance with all of the following:

(A)

Maintenance of landscaping and plant materials in good condition,

(B)

Maintenance of the exterior of the building or structure, including but limited to, its paint, finishes, and signs, in good condition,

(C)

Regular removal of all exterior trash, debris, and graffiti,

(D)

Maintenance, use, and occupancy of the building or structure in continuing compliance with all applicable codes, regulations, and ordinances, and

(E)

Prevention of criminal activity on the premises, including but not limited to the use, sale, growing, and distribution of controlled substances, prostitution, trespassing, curfew violations, or other behavior which tends to disturb the peace or the use or enjoyment of neighboring properties.

(Ord. 379-2007 § 1, 2007; Ord. 356-2001 § 1: Ord. 254-87 § 1(part), 1987).