§ 6.28.030. Public nuisances prohibited.

The city council hereby finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to cause, create, or maintain, real property or premises in the city in such a manner that:

(1)

Any one or more of the following conditions are found to exist thereon:

a.

Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes or tends to cause 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.

b.

Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an unreasonable period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits, and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

1.

The degree of partial construction or destruction and the cause therefore.

2.

Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

3.

The degree of visibility, if any, of this condition from public property or adjacent private real property.

4.

The scope and type of work that is needed to abate this nuisance.

5.

The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

6.

Whether or not a responsible person has complied with other required technical code requirements, including the acquisition of any necessary city approvals and/or permits, and requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

7.

Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

8.

Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

9.

Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reasons for such delays.

c.

Abandoned buildings, structures or property.

d.

Abandoned personal property that is visible from public or private property.

e.

Accessible property through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured or otherwise missing or lacking.

f.

Accessible structure that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

g.

Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates or is contrary to the Barstow Municipal Code, or state or federal law.

h.

Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as on-site sidewalks, walkways, driveways and parking areas, that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates or is contrary to the Barstow Municipal Code, or state or federal law.

i.

Clotheslines in front yard areas.

j.

Obstruction of any kind, cause or form that interferes with light or ventilation for a building, or that interferes with or hinders ingress therein and/or egress therefrom.

k.

Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

l.

Windows or doors that remain boarded up or sealed after 90 days may receive a written notice from the city to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operable windows or doors. If the responsible person involved with this property requests the site remain fully boarded due to a long-term security request (that is, no active plans to revive and utilize the site), then the building must be boarded with plywood (all windows and doors) and the plywood shall be painted to match the exterior.

m.

Overgrown vegetation, including, but not limited to, any one of the following:

1.

Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.

2.

Vegetation causing or tending to cause detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

(i)

Lawns with grass in excess of six inches.

(ii)

Hedges, trees, or other plant material that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, and/or watering.

3.

Vegetation that creates, or promotes, the existence of a fire hazard.

4.

Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

5.

Tree branches or other vegetation within five feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

n.

Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences:

1.

An attractive nuisance.

2.

A fire hazard.

3.

The creation or promotion of dust or soil erosion.

4.

A diminution in property values.

5.

A detriment to public health, safety or welfare.

o.

Any form of an attractive nuisance.

p.

Items of junk or other personal property that constitute a fire or safety hazard or that are visible from public or adjoining private real property, or that are accumulated, kept, placed or stored in exterior portions of premises in such a manner as to constitute a violation of any provision of the Barstow Municipal Code, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of title 19, Zoning, of this Code (including all approvals and permits required thereby), and all other applicable provisions of the Barstow Municipal Code, as well as all applicable state and federal laws.

q.

Garbage cans, yard waste containers, and recycling containers that are kept, placed or stored in front or side yards and visible from public streets, except at times that solid or yard waste, or recyclables, are scheduled for collection by the city or its permitted collectors.

r.

The keeping or disposing of, or the scattering or accumulating of combustible or other material, including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips (except when used as mulch and contained within landscape planters), in interior or exterior areas of buildings or structures, when such items or accumulations:

1.

Render premises unsanitary or substandard as defined by the Uniform Housing Code adopted by the city.

2.

Violate the Barstow Municipal Code.

3.

Cause, create, or tend to contribute to a fire or safety hazard.

4.

Harbor, promote, or tend to contribute to the presence of rats, vermin and insects.

5.

Cause, create, or tend to contribute to an offensive odor.

6.

Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of title 19, Zoning, of this Code and all other applicable provisions of this Code, as well as all state and federal laws.

s.

Vehicles exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle is stopped, kept, placed, parked, or stored on private real property and when such vehicle exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property.

t.

Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked or stored within a completely enclosed, lawfully constructed structure.

u.

Trailers, campers, boats, and other mobile equipment parked or stored in yard areas contiguous to streets or highways in violation of title 19, Zoning, of this Code and/or causing or tending to cause depreciation of nearby property values.

v.

Any equipment, machinery, or vehicle of any type or description that is designed for or customarily used for construction-type activities that is kept, parked, placed or stored on public or private real property except when such item is being used during excavation, construction or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active building and/or other technical code permit.

w.

Maintenance of signs, or sign structures, on real property relating to uses that have not been lawfully conducted or products that have not been lawfully sold thereon for a period of 180 calendar days or more, or for such shorter period as is established by this Code, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, this Code.

x.

Specialty structures that have been constructed for a specific use, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquids, lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

y.

Any personal property or building or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

z.

Causing, maintaining or permitting graffiti, as defined in the Barstow Municipal Code or other applicable state law, to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from adjoining property.

aa.

Storage of hazardous material on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates any local, state or federal law or regulation.

bb.

Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

cc.

Any discharge of any substance or material, other than stormwater, which enters, or could possibly enter, the city's storm sewer system in violation of the Barstow Municipal Code.

dd.

Maintenance of any tarp or similar covering on, or over, any graded surface or hillside, except in the following circumstances:

1.

A state of emergency has been declared by local, state or federal officials directly impacting the area to be covered; and

2.

Covering with a tarp performed pursuant to an active building or grading permit.

ee.

Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

ff.

Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

gg.

Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

hh.

Maintenance of inadequate landscaping upon any portion of any premises that is visible from any public street, public property or right-of-way if the premises is located in a residential zone; or maintenance of inadequate landscaping upon any portion of any premises in any commercial or industrial zone. For purposes of this subsection, the term "inadequate landscaping" shall mean such landscaping as results in a diminution of the appearance of the subject premises as compared with neighboring property, or degrades the aesthetic quality of the subject premises, or reduces property values in the immediate neighborhood, and includes, but is but not limited to, the following:

1.

Lack of groundcover or lawns, shrubs, or other vegetation in any portion of the premises not otherwise developed with a structure, paving, or landscaping hardscape.

2.

Insufficient groundcover, lawn, or other landscaping material on the premises, resulting in blowing dust and/or soil erosion.

3.

Trees, shrubs, lawn, or other plants that are dying from lack of water, fertilizer or maintenance, or from disease.

4.

Failure to comply with any landscaping plan approved by the city in connection with the issuance of any land use approval for the premises.

5.

Tract homes built after December 19, 2007, shall maintain front yard landscaping to current standards identified in section 19.06.080.

6.

Non-tract homes built after November 19, 2008, shall maintain front yard landscaping to current standards identified in section 19.06.080.

7.

All single-family residential dwellings built prior to December 19, 2007, for tract homes, or November 19, 2008, for non-tract homes, shall maintain front yard landscaping in a healthy condition. Any overgrown landscaping shall be trimmed to be aesthetically pleasing.

ii.

Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

jj.

Any violation of the Barstow Municipal Code, state law, or federal law that constitutes a misdemeanor or felony violation.

kk.

Any distressed property.

ll.

Any property showing evidence of vacancy.

mm.

Property in foreclosure.

nn.

Any property under a notice of default.

oo.

Properties that are in the process of environmental remediation and have any attractive nuisance issues, to include the need for weed abatement, are littered, have fencing of poor quality and have exposed environmental remediation equipment are not acceptable and constitute a public nuisance. Regular maintenance on the property needs to take place to ensure that litter is picked up, to include wind-blown debris attached to fences. All fencing must be maintained in good repair and be of high quality (rental fencing is not acceptable, and slatted visual barrier fencing shall be installed where appropriate). A visual barrier to remediation equipment (tanks, piping, monitoring equipment, drums, etc.) must be provided so that the equipment is not visible from the street or adjacent properties.

(2)

Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in chapter 3 of the 1997 Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Barstow Municipal Code.

(3)

Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Health and Safety Code § 17920.3, and any future amendments thereto.

(4)

Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the state, the provisions of this Code or any other ordinance of this city, including, but not limited to, the following acts:

a.

Unlawful possession and/or use of controlled substances;

b.

Prostitution; and/or

c.

Unlawful gambling.

(5)

A condition, use or activity is present that constitutes a public nuisance as defined by Civil Code § 3479 or 3480, and any future amendments thereto.

(6)

Any building, structure, or use of real property that violates or fails to comply with:

a.

Any applicable approval, permit, license, or entitlement or condition relating thereto;

b.

Any ordinance of the city, including, but not limited to, any provision of this Code; or

c.

Any applicable, county or state law or regulation.

(7)

If applicable the securing of real property rendering the site inaccessible to unauthorized persons.

(8)

Any property that is not legally occupied and deemed vacant.

(Ord. No. 905-2013, § 6.28.030, 5-20-2013)