8.16.030 Prohibited public nuisance conditions.
The city council finds and declares that, notwithstanding any other provision of the municipal code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following:
(1) Any real property or premises in the city in such a manner that 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 the 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.
(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:
(i) The degree of partial construction or destruction and the cause therefor.
(ii) 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.
(iii) The degree of visibility, if any, of this condition from public or adjoining private real property.
(iv) The scope and type of work that is needed to abate this nuisance.
(v) 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.
(vi) Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.
(vii) 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.
(viii) 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.
(ix) Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.
(c) Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six months.
(d) Any building or structure which has any or all of the following conditions or defects:
(i) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or it 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.
(ii) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Uniform Building Code.
(iii) 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 it was before such catastrophe and is less than the minimum requirements of this code for a new building of similar structure, purpose or location.
(iv) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(v) Whenever any 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 a wind pressure of one and one-half times that specified in the California Building Code or California Residential Code (or other applicable building regulation) without exceeding the working stresses permitted in the California Building Code or California Residential Code (or other applicable building regulation).
(vi) 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.
(vii) Whenever the building or structure, or any portion thereof, because of dilapidation, 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.
(viii) Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(ix) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(x) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more of damage or deterioration to the member or members, or 50 percent of damage or deterioration of a nonsupporting enclosing or outside wall or covering.
(xi) 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.
(xii) 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.
(xiii) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting or in any supporting member less than 66 percent of the strength, fire-resisting qualities or characteristics required by law or ordinance in the case of like area, height and occupancy in the same location.
(xiv) 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, or is likely to work injury to the health, safety or general welfare of those living within.
(xv) Whenever the building or structure used or intended to be used for dwelling purposes has light, air, ventilation, heating, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.
(xvi) 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.
(xvii) Any building which does not have the exterior wall fire-resistive requirements of the Building Code.
(e) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, pedestrian ways, driveways, parking areas, and any detached or freestanding structures that have become defective, unsightly or no longer viable, 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 where such condition creates a hazard to persons using said building, structure, or way, or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to, the Cudahy Municipal Code or other applicable law.
(f) Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.
(g) 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.
(h) Windows or doors that remain boarded up or sealed after 10 calendar days’ written city notice 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 operational windows or doors.
(i) Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
(j) Abandoned personal property that is visible from public or private property.
(k) Any form of an attractive nuisance.
(l) 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 where such condition 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 Cudahy Municipal Code or other applicable law.
(m) Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Cudahy Municipal Code; or items of junk, trash, debris, or other personal property that are visible from public or private real property, 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 the Cudahy zoning code (including all approvals and permits required thereby), and all other applicable provisions of the Cudahy Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
(n) The keeping or disposing of, or the scattering or accumulating of, flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:
(i) Render premises unsanitary or substandard as defined by the Cudahy housing code, the State Housing Law, the Cudahy building code, Cudahy residential code, or other applicable local, state, or federal law, rule, or regulation;
(ii) Violate the Cudahy health code, Los Angeles County health code, or other any other health code adopted by and/or applicable in the city of Cudahy;
(iii) Cause, create, or tend to contribute to, a fire or safety hazard;
(iv) Harbor, promote, or tend to contribute to the presence of rats, vermin and/or insects;
(v) Cause, create, or tend to contribute to, an offensive odor; or
(vi) 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 the Cudahy zoning code, and all other applicable provisions of the Cudahy Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
(o) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitutes an attractive nuisance or that is otherwise 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.
(p) Holiday lights, decorations, or displays that are erected, installed, displayed, or maintained on exterior portions of real property more than 30 calendar days before a federal, state, or religious holiday and/or more than 15 calendar days after a federal, state, or religious holiday.
(q) The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines in front yard areas of any real property, or in any yard area that is visible from a public right-of-way.
(r) Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property or other yard area visible from the public right-of-way in excess of 72 hours, unless otherwise authorized pursuant to a permit or other entitlement from the city.
(s) Overgrown vegetation including, but not limited to, any one of the following:
(i) Vegetation likely to harbor or promote the presence of rats, vermin and/or insects.
(ii) Vegetation causing 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:
(A) Lawns with grass in excess of six inches in height.
(B) Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.
(iii) Vegetation that creates, or tends to create, the existence of a fire hazard.
(iv) 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.
(v) Tree branches or other vegetation within three feet of the rooftop of a structure so as to facilitate rodent or animal access thereto, or that has resulted in or tends to result in damage to the rooftop of a structure.
(t) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:
(i) An attractive nuisance;
(ii) A fire hazard;
(iii) The creation or promotion of dust or soil erosion;
(iv) A diminution in property values; or
(v) A detriment to public health, safety or welfare.
(u) Insufficient or lack of landscaping or other ground cover in any yard area as required by the Cudahy zoning code or other provisions of the city’s municipal code, or that results in or tends to result in the blowing of dust and/or soil erosion.
(v) Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that said containers are visible from public streets, except when placed in places of collection at times permitted and in full compliance with this code.
(w) The use, parking, or storing of any recreational vehicle as temporary or permanent living space, unless otherwise allowed, permitted, and/or approved in accordance with the provisions of the Cudahy Municipal Code, including the Cudahy zoning code.
(x) Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Cudahy Municipal Code, including the Cudahy zoning code.
(y) Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface on any real property.
(z) Parking spaces required by the Cudahy Municipal Code, including the Cudahy zoning code, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.
(aa) Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.
(bb) Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed.
(cc) Vehicles, construction equipment, or other machinery 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, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property, unless pursuant to a valid permit issued by the city.
(dd) Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained 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 permit issued by the city.
(ee) Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Cudahy Municipal Code, including the Cudahy zoning code.
(ff) Specialty structures that have been constructed for a specific single use only, 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 liquid(s), lateral support structures and bulkheads, 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 smokestacks, and recreational structures such as tennis courts and cabanas.
(gg) Any personal property 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.
(hh) Causing, maintaining or permitting graffiti or other defacement of real or personal property 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 private real property.
(ii) Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, 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 local, state or federal laws or regulations.
(jj) 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 Cudahy Municipal Code.
(kk) Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:
(i) A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered; and/or
(ii) Covering with a tarp performed pursuant to an active building or grading permit.
(ll) 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.
(mm) Maintenance of any tarp or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade.
(nn) The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of the Cudahy Municipal Code.
(oo) Any noise that is made, generated, produced, or continued in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Cudahy Municipal Code, including the noise limits set forth in the Cudahy zoning code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to, the following:
(i) The volume of the noise;
(ii) The intensity of the noise;
(iii) Whether the nature of the noise is usual or unusual;
(iv) Whether the origin of the noise is natural or unnatural;
(v) The volume and intensity of the background noise, if any;
(vi) The proximity of the noise to residential sleeping facilities;
(vii) The nature of the zoning of the area from which the noise emanates;
(viii) The density of inhabitation of the area from which the noise emanates;
(ix) The time of day or night the noise occurs;
(x) The duration of the noise;
(xi) Whether the noise is recurrent, intermittent, or constant;
(xii) Whether the noise is produced by commercial or noncommercial activity; and
(xiii) Whether the noise is a consequence or expected result of an otherwise lawful use.
(pp) 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.
(qq) 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.
(2) Any unsafe building, unsafe structure, substandard building, or substandard property as defined by the Los Angeles County building code or Los Angeles County residential code, as adopted and amended by the Cudahy 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 Section 17920.3 of the California Health and Safety Code, 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 United States or the state of California, the provisions of the Cudahy Municipal Code, or any other ordinance of this city, including, but not limited to, the following acts:
(a) Unlawful manufacturing, growing, possession, use, and/or sale of controlled substances; and/or
(b) Prostitution; and/or
(c) Unlawful gambling.
(5) Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:
(a) Disturbances of the peace;
(b) Excessive and/or loud noise disturbances;
(c) Consumption of alcohol in public and/or public intoxication;
(d) Urination in public;
(e) Harassment of passersby;
(f) Theft, assault, battery, or vandalism;
(g) Storage or sale of stolen goods;
(h) Excessive littering;
(i) Illegal parking or traffic violations;
(j) Curfew violations;
(k) School attendance violations;
(l) Lewd and/or lascivious conduct; and/or
(m) Excessive responses by the police department or other law enforcement personnel.
(6) Any condition, use, or activity that constitutes a public nuisance as defined by Section 3479 or 3480 of the California Civil Code, and any future amendments thereto.
(7) 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, state, or federal law or regulation. (Ord. 675 § 3, 2018).