§ 50-146. Unlawful public nuisances declared.

In addition to any other condition constituting a nuisance, it shall be unlawful and a nuisance for any person owning, occupying, leasing or having charge or possession of any property in the city to maintain or allow to be maintained on such property any of the following conditions:

(1)

The exterior accumulation of weeds, rank growths, dirt, litter, rubbish or debris which is visible from a public or private street, sidewalk or right-of-way.

(2)

Broken, abandoned or discarded furniture or other household equipment, appliances, or fixtures, packing boxes, lumber, junk, trash, rubbish, or other materials or debris, which are visible from a public or private street, sidewalk or right-of-way, including the dumping, spillage or storage of solids or liquids which adversely affect the aesthetic or olfactory nature of the area.

(3)

Buildings, fences or other structures; the exterior walls; or windows, which are visible from a public or private street, sidewalk or right-of-way, containing graffiti or other inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced.

(4)

Neglected or improperly maintained landscaping, visible from a public or private street, sidewalk or right-of-way, including but not limited to dead, debris laden, weed infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers; vegetation dying as a result of physical damage, disease, insect infestation or lack of water; or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval. However, the provision as to dead or dying vegetation due to lack of water shall not to be enforced during a drought year, as determined by the city. Neglected, improperly maintained, and overgrown landscaping and/or vegetation for purposes of this subsection includes but is not limited to a lawn area with 50 percent or more of its area exceeding 12 inches in height.

(5)

Buildings for human use or occupancy that are boarded by voluntary action of the owner or as a result of enforcement activity by the city, which are not rehabilitated within 90 days after the building is boarded.

(6)

Buildings designed for human use or occupancy that stand vacant for more than 90 consecutive days, unless the director finds in writing that any of the following applies:

a.

The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

b.

The building meets all codes; does not contribute to blight; is ready for occupancy; and is actively being offered for sale, lease, or rent.

c.

The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

1.

Maintenance of landscaping and plant materials in good condition.

2.

Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.

3.

Regular removal of all exterior trash, debris and graffiti.

4.

Maintenance of the building in continuing compliance with all applicable codes and regulations.

5.

Prevention of criminal activity on the property, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity.

(7)

Where visible from a private or public street, sidewalk or right-of-way, the exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a city license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property. However, division 4 of this article shall apply to situations involving such nuisances and the abatement thereof.

(8)

The exterior storage of five or more used tires or the storage of any number of used tires in a manner that allows any accumulation of water or creates a fire hazard.

(9)

The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if either:

a.

Located on any front lawn, front yard or street side yard; provided, however, that such parking or storage of a legally registered and operable vehicle, boat, trailer, camper, or motor home shall be allowed in front or side street yards on required parking spaces or on paved driveways leading directly from approved and permitted curb cuts to required garages, carports or other required off-street parking spaces, if such vehicle, boat, trailer, camper or motor home is located totally on private property and does not extend into or block any public right-of-way; or

b.

Located in any side or rear yard so as to prevent a three-foot-wide continuous fire accessway from the front of the property.

(10)

The use of any trailer, camper or motor home for residential occupancy except on property zoned for mobile home parks or camping.

(11)

Any unmounted camper shell visible from a public street, sidewalk or right-of-way.

(12)

Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.

(13)

Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, and park or building, without prior city consent. Such obstructions or encroachments include but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property, and buildings or portions of buildings or structures protruding onto public property.

(14)

Use of property in a residential district for the purpose of performing major vehicle repair.

(15)

Use of property in a residential district for the purpose of performing minor vehicle repair or maintenance where any of the following conditions exists:

a.

The repair is conducted on vehicles registered to persons not currently residing on the property;

b.

The repair is conducted outside of a fully enclosed structure and results in a vehicle being inoperable for more than 24 hours; or

c.

For a profit, except where such use constitutes a legal nonconforming use pursuant to the city zoning code.

(16)

Maintenance of any combustible material or substance which, because of its quantity, concentration or physical, chemical or infectious characteristics, may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.

(17)

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

(18)

Any condition constituting a "substandard building" under Health and Safety Code § 17920.3.

(19)

Any condition constituting a "dangerous building" under section 302 of the Uniform Code for the Abatement of Dangerous Buildings (dangerous buildings code) as adopted by the city; provided, however, that the dangerous buildings code shall apply to the abatement of "dangerous buildings."

(20)

The making or continuing or causing to be made and continued 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.

(21)

The illegal sale of controlled substances and/or other illegal drugs and/or substances which creates a public nuisance as defined in Civil Code §§ 3479 and 3480 and Health and Safety Code § 11570.

(22)

The illegal use of controlled substances and/or other illegal drugs and/or substances or substances injurious to health which create a public nuisance as defined in Civil Code §§ 3479 and 3480 and Health and Safety Code § 11570.

(23)

The frequent gathering, or coming and going, of people who have an intent to purchase or use illegal drugs and/or controlled substances on the premises.

(24)

The occurrence of prostitution, as defined in Penal Code §§ 11225 and 11230.

(25)

The unlawful activities of a criminal street gang, as defined in Penal Code §§ 186.22, 186.22a and 186.25 and Health and Safety Code § 11570.

(26)

The firing or discharging of a firearm by any person on any premises within the city, except as otherwise authorized by law.

(27)

The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other section in the Citrus Heights Code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether or not the building is occupied.

(Ord. No. 2002-04, § 2(16B.05.01), 5-8-2002)