Section: 7.08.310 Declaration
of nuisance
The following are
declared to be a public nuisance, which may be abated in accordance with the
provisions of this chapter.
A. Activities
prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and
11225, et seq., as enacted or hereinafter amended, shall be unlawful,
constitute a nuisance, and enforcement and abatement shall be undertaken as
provided by law.
B. It
is declared unlawful and a public nuisance for any person owning, leasing,
occupying or having charge or possession of any premises or land in this county
to maintain such premises or land such that any one or more of the following
conditions or activities exist:
1. Any condition recognized in law or equity as constituting a public
nuisance;
2. Any dangerous, unsightly, or blighted condition that is detrimental
to the health, safety or welfare of the public;
3. The erection, construction, enlargement,
alteration, repair, movement, improvement, removal, conversion or demolition,
use, occupancy maintenance of any building or structure in violation of the
Uniform Building Code, Uniform Electrical Code, Uniform Plumbing Code, Uniform
Mechanical Code, or Uniform Fire Code
that apply to structures or property
within Del Norte County;
4. Anything defined as a nuisance pursuant to
state and federal law including but not limited to the California Civil Code,
Division 4, Part 3;
5. Any condition in violation of the weed and
rubbish abatement laws defined at Government Code Sections 39500 et seq. and
39560 et seq. as enacted or hereafter amended and enforced by county ordinance
and resolutions;
6. Any
vacant, unoccupied or abandoned building or structure that is not reasonably
secured against uninvited entry or that constitutes a fire hazard, or is in a
state of unsightly or dangerous condition so as to constitute a blighted
condition detrimental to property values in the neighborhood or otherwise
detrimental to the health, safety and welfare of the public. For purposes of
this chapter, a building or structure is unsecured when it is unlocked or the
public can gain entry without the consent of the owner,
7. Any condition that constitutes an attractive
nuisance; those objects or conditions that, by their nature may attract children
or other curious individuals including, but not limited to, unprotected
hazardous or unfilled pools, ponds, ice boxes, refrigerators or excavations;
8. Any condition that constitutes a visual blight. For purposes of
this code, visual blight is any unreasonable or unlawful condition or use of
real property, premises or building exteriors which by mason of its appearance
as viewed at ground level from the public right‑of‑way or from
neighboring premises, is detrimental to the property of others or to the value
of property of others, offensive to the senses, or reduces the aesthetic
appearance of the neighborhood. Visual blight includes, but is not limited to,
the keeping, storing, depositing, scattering over or accumulation on the
premises any of the following:
a. Junk, trash, debris, scrap metal, rubbish,
packing materials,
b. Abandoned,
discarded or unused objects or equipment such
as furniture, stoves, appliances, refrigerators, freezers, cans or containers,
automotive parts and equipment,
c. Abandoned,
wrecked, disabled, dismantled or inoperative vehicles or parts thereof except
inoperative vehicles that are not abandoned, are either registered or are
certified pursuant to Section 4604 of the
California Vehicle Code, and are in an active state of renovation or
restoration,
d. Abandoned
excavations,
e. Any
personal property, object, device, decoration, design, fence, structure or
clothesline which is unsightly by reason of its condition or its inappropriate
location, and
f.
Overgrown vegetation which is unsightly and likely to harbor rats or
other vermin;
9. Property in urban zones that is used for the keeping, storage,
depositing or accumulation of dirt, sand, gravel, concrete or other similar
materials, for an unreasonable period, which constitutes visual blight or
reduces the aesthetic appearance of the neighborhood or is offensive to the
senses or is detrimental to nearby property or property values; provided,
however, that such of the listed materials as are being used or are to be used
for a project of repair or renovation for which a permit, including a building
permit, has been obtained may be stored for such period of time as is
reasonably necessary to expeditiously complete the project. As used in this
subdivision, "urban zones" are those designated in the Del Norte
County zoning ordinance as: PC, R1, R2, R3, C1, C2, C3, C4, M, MP, MHP, HR, HDR,
HDC;
10. The presence of a junkyard or automobile-dismantling yard, except in an industrial zone pursuant to a special use permit;
11. The
accumulation on any premises of any abandoned, wrecked, disabled, dismantled or
inoperative vehicle or parts thereof;
12. Automobile motors, transmissions, and all other auto or
accessories, stored or accumulated on any premises or land where they are
visible to the public;
13. The maintenance or use of any real property in violation of any
provision of the Del Norte County Code, state law, or federal law;
14. Continuous yard, garage or estate sales on property with any
residential zoning designation. A sale is deemed to be "continuous"
if it occurs more often than three days per calendar quarter;
15. Any
building or other structure which by reason of rot, weakened joints, walls,
floors, underpinnings, roof, ceilings, or insecure foundation, or other cause
has become dilapidated or deteriorated;
16. Property in urban zones that is not kept clean and sanitary and free ‑ from unreasonable accumulations of offensive matter including, but not limited to, dead animals, animal parts, and animal feces and urine. As used in this subdivision, "urban zones" are those designated in the Del Norte County zoning ordinance as: PC, R1, R2, R3, C1, C2, C3, C4, M, MP, MHP, HR, HDR, HDC;
17. Property, which is likely to or does harbor rats or other
vectors, vermin, feral pets, and other non‑domesticated animal nuisances;
18. Conditions which due to their accessibility to the public pose a hazard including, but not limited to, abandoned wells, shafts, cisterns, septic tanks open to the surface, or structurally unsound fences;
19. Any building or structure, wall, fence, pavement or walkway upon which any graffiti is allowed to remain for more than ten days;
20. Failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivision and site plans. (Ord. 2001‑004 §§ 2 ‑ 11, 2001; Ord. 99‑006 § 1, 1999: Ord. 97-11 § 2 (part), 1997.)