§ 9.37.090. Nuisance defined.  


Latest version.
  • It is hereby declared a public nuisance, or an act in the nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow any premises in this City to be used in such a manner that any one (1) or more of the activities or conditions described in the following Subsections are found to occur thereon:

    A.

    Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance or public nuisance by any statute of the State of California or by any ordinance of the City.

    B.

    The violation of any provisions of the latest edition of the California Building Standards Code ("Title 24 of the California Codes of Regulations") that have been adopted, as amended, by the City:

    1.

    California Building Code;

    2.

    California Residential Code;

    3.

    California Electrical Code;

    4.

    California Mechanical Code;

    5.

    California Plumbing Code;

    6.

    California Energy Code;

    7.

    California Historical Building Code;

    8.

    California Fire Code;

    9.

    California Existing Building;

    10.

    California Green Building Standards Code;

    11.

    Uniform Housing Code.

    C.

    The violation of any provision of Title 18 (Buildings and Construction) or Title 21 (Zoning) of this Code.

    D.

    The operation or maintenance of any business, trade or profession in violation of Title 5 of this Code.

    E.

    The frequent gathering, or coming and going, of people who have an intent to purchase or use controlled substances on or at any premises in this City.

    F.

    Participation in a criminal street gang as proscribed by California Penal Code Section 186.22.

    G.

    The making or continuing, or causing to be made or continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

    H.

    The occurrence of criminal activity at any premises which threatens the life, health, safety or welfare of the residents of the premises, neighbors or the public.

    I.

    Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction.

    J.

    Overgrown vegetation causing detriment to neighboring properties or property values or which is likely to attract rodents, vermin or other pests, or which causes a hazardous condition to pedestrian and/or vehicular traffic.

    K.

    Premises including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping and disposing of or the scattering over the property or premises of any of the following: (1) lumber, junk, trash or debris; (2) abandoned or discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (3) stagnant water or excavation(s); (4) any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or inappropriate location; or (5) permitting or allowing any graffiti to remain on any building, wall fence or structure.

    L.

    The use of any premises for the purpose of illegal gambling, lewdness, assignation, or prostitution as proscribed by State law or this Code.

    M.

    The maintenance, use, rental or lease of any premises, or sub-unit thereof, including single-family dwellings, where persons are allowed to congregate, gather or loiter in such a manner as to disturb the peace of other persons lawfully on the property itself or lawfully in the vicinity of the property.

    N.

    The use of any premises for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor, or analog as those terms are defined by State law.

    O.

    Noise disturbances in violation of Chapter 8.80 of this Code.

    P.

    The sale, purchase or possession of marking pens or etching tools in violation of Chapter 9.57 of this Code.

    Q.

    The sale, purchase or possession of pressurized paint containers in violation of Chapter 9.56 of this Code.

    R.

    Loitering or loitering for drug activities or graffiti in violation of Chapter 9.36 or Chapter 9.58 of this Code.

    S.

    The discharge of any gun, compressed air gun, rifle, pistol or other firearm in violation of Chapter 9.62 of this Code.

    T.

    The violation of any provision of Title 12 (Oil Production Regulations) of this Code.

    U.

    Maintenance of properties or premises in such a manner as to cause substantial diminution of the enjoyment, use, or property values of adjacent properties.

(ORD-11-0012, § 2, 2011; Ord. C-7479 § 1, 1997)