6.17.010 Nuisances; what constitutes.
Each and every one of the following conditions or acts is hereby declared to be a nuisance:
Fire hazards: Dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on a public or private street or sidewalk, or upon private property within the City of Monte Sereno (hereinafter called the "City"), which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a fire hazard.
A. Hazardous obstructions: An obstacle, landscaping or thing installed, or maintained in the corner setback area reaching a height higher than thirty (30) inches above the adjoining top of curb at the applicable corner of the street intersection, or thirty (30) inches above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained, in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists.
B. Discharge; Drains: The discharging, placing or depositing of any sewage, industrial waste or other polluted waters into any storm drain or natural outlet or channel in the City.
C. Discharge; Property: The discharging, spilling, placing or depositing of any sewage, industrial waste, chemical, or other material or substance or garbage, refuse or waste matter on any private property or on any adjacent or other public property.
D. Polluted water: 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 contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.
E. Refuse and waste: Refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention of suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and either found in barrels, boxes or any other type of container, or found loose on the premises, and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, asphalt emulsion, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels.
F. Public burning: The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized.
G. Use of Private Property by Vehicles: The use of private property by any motorized vehicle as defined in Section 670 of the Vehicle Code, or as hereafter amended, if the operator is a person other than the owner of the property, or a guest or business invitee of the owner.
H. Maintenance of Property: It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:
1. Buildings which are abandoned boarded up, partially destroyed, or left unreasonably in a state of partial construction.
2. Unpainted buildings causing dry rot, warping and termite infestation.
3. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.
4. Overgrown vegetation;
a. Causing detriment to neighboring properties or property values or causing a hazardous condition to pedestrian and/or vehicular traffic; or
b. Likely to harbor rats, vermin and other nuisances.
5. Dead trees, weeds and debris:
a. Dangerous to public safety and welfare; or
b. Detrimental to nearby property or property values.
6. Trailers, campers, motor vehicles, as described in Section 670 of the Vehicle Code, or as hereafter amended; or boats, or other mobile equipment stored or parked on lawns or yards.
7. Inoperative, abandoned, wrecked or dismantled motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. "Motor vehicle" as used in this chapter shall be defined as set forth in Section 670 of the Vehicle Code, or as hereafter amended.
a. Exception. This chapter shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.
8. Attractive nuisances dangerous to children in the form of:
a. Abandoned and broken equipment,
b. Hazardous pools, ponds and excavation, and
c. Neglected machinery.
9. Broken or discarded furniture and household equipment in visible yard areas for unreasonable periods.
10. Maintenance of any premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.
11. Property 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 appreciable diminution of the property values of surrounding property or is materially detrimental to proximate properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following;
a. Lumber, junk, trash or debris;
b. Abandoned, discarded or unused objects or equipment;
c. Stagnant water, or excavation;
d. Any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location;
e. Permitting or allowing any graffiti to remain on any premises which is unshielded so as to cause substantial diminution of the enjoyment, use or property values of the adjacent properties.
12. Outdoor lighting on any premises which is unshielded so as to cause substantial diminution of the enjoyment, use or property values of the adjacent properties.
13. Any building, driveway or parking lot or structure which has any of the following conditions or defects to a significant degree:
a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle passageway, stairway or other means of exit.
b. Whenever any portion thereof 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 Monte Sereno Municipal Code for a new building or similar structure, purpose or location.
c. Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
d. Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof 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 Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code.
e. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
f. Whenever 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 is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
g. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
h. Whenever 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, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.
i. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this City, as set forth in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings.
j. Whenever a building or structure, used or intended to be used for dwelling purposes, 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 Health Officer of this City, or is likely to work injury to the health, safety or general welfare of those living within.
k. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.
l. Whenever any building or structure, 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.
m. Any building which meets the definitions of a substandard building in Chapter 10, Uniform Housing Code.
n. Any building that does not have the exterior wall fire resistive requirements of the Uniform Building Code.
o. Buildings or structures maintained in violation of Section 203(a) of the Uniform Building Code of the City.
p. Any sidewalk or driveway which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said driveway or sidewalks.