§ 20-12. Conditions or uses qualifying as a public nuisance

Conditions which qualify as a public nuisance, include, but are not limited to, the following:

(a) Any structure or property, or a portion thereof, that is determined to be unsafe pursuant to the California Building Code and other applicable technical codes, constitutes a fire hazard, is in violation of any of the provisions of section 20-7, is determined to be unsafe or that is otherwise dangerous to the public safety, health and welfare.

(b) Structural hazards in occupied or vacant structures, including the following:

(1) Deteriorated or inadequate foundations,

(2) Defective or deteriorated flooring or floor supports,

(3) Fireplaces or chimneys that bulge, list, or settle due to defective material or deterioration,

(4) Flooring or floor supports of insufficient size to carry imposed loads with safety,

(5) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members that buckle, sag, or split due to defective material or deterioration,

(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety,

(7) Members of walls, partitions, or other vertical supports that buckle, lean, list, or split due to defective material or deterioration,

(8) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

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

(d) Structures that are abandoned, boarded up, partially destroyed, or left in a state of partial construction.

(e) Keeping, storing, or maintaining on or in front of any real property, or in or on any vehicle upon the real property any litter, rubbish or weeds, when such material is open to view at street level from a parkway, street, or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property.

(f) Dead, decaying or overgrown vegetation that is:

(1) Likely to harbor rats, vermin (including but not limited to bed bugs, roaches, lice, fleas, and ticks), and other nuisances, or

(2) Dead, decayed, diseased, or hazardous trees dangerous to public safety; or

(3) Landscaping not in compliance with Chapter VII (Landscaping Standards) of Title 13 (Planning, Zoning and Development).

(g) Attractive nuisances dangerous to children in the form of:

(1) Abandoned and broken equipment,

(2) Abandoned structures,

(3) Hazardous excavations, ponds, or pools, or

(4) Neglected machinery.

(h) Any swimming pool, pond, spa, or other body of water or excavation which is abandoned, unattended, or unfiltered.

(i) The disposal or storage of oil, grease, other petroleum products, noxious chemical, pesticides, or any gaseous, liquid, or solid waste in such a manner to constitute a health or fire hazard.

(j) Operating a leaf blower inconsistent with section 20-10 of this Code.

(k) Keep, store, or maintain upon any premises any vehicle or recreational vehicle, except as permitted by Table 20-8(c).

(l) Keeping, storing, or maintaining a canopy upon any premises, except as permitted in section 20-9 of this Code.

(m) Use of any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space, except in designated recreational vehicle/mobile home parks.

(n) Use of a garage, or any portion thereof, as a temporary or permanent living space or as a meeting room.

(o) Keeping, storing, or maintaining in any residential zone or on any residentially-developed property any of the following:

(1) Construction equipment and materials, except those that are specifically allowed pursuant to a city building or demolition permit, and which have been adequately maintained in good and safe condition.

(2) Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or

(3) Any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide.

(p) Keeping, storing, or maintaining any materials, equipment or objects, including, but not limited to, appliances, furniture, barbeques, plants, toys, or other household items of any kind (except for roof-mounted mechanical equipment with a valid building permit) on rooftops of structures, including, but not limited to, carports and patio covers.

(q) Installing, constructing, or maintaining any fencing or screening on, about, around, or projecting above rooftops of structures, including, but not limited to, carports and patio covers, without a valid building permit and zoning approval.

(r) Inadequate sanitation including the following:

(1) Infestation of insects (including but not limited to bed bugs, roaches, lice, fleas, and ticks), rodents, or vermin,

(2) Lack of adequate garbage and rubbish storage and removal facilities,

(3) Lack of connection to a required sewage disposal system.

(s) All wiring, except that which conforms to all applicable laws in effect at the time of installation; if currently in good and safe condition and working properly.

(t) All plumbing, except that which conforms with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

(u) All mechanical equipment, including vents, except that which conforms with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

(v) Faulty weather protection, which shall include the following:

(1) Crumbling, deteriorated, or loose plaster, stucco or other exterior material;

(2) Deteriorated or ineffective waterproofing of exterior floors, foundations, roof, or walls including broken doors or windows,

(3) Defective or lack of protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering,

(4) Broken, buckled, rotted, or split exterior wall coverings or roof coverings.

(w) Any structure, or portions thereof, apparatus, device, equipment, combustible waste, or vegetation which, in the opinion of the fire chief is in a condition so as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(x) All structures, or portions thereof, not provided with adequate exit facilities as required by the building code, except those structures, or portions thereof, whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, addition or alteration, or any change in occupancy. When an unsafe condition exists through a lack of, or improper location of, exits, additional exits may be required to be installed.

(y) All structures, or portions thereof, which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the building code, except those structures, or portions thereof, which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, addition or alteration, or any change in occupancy.

(z) All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy.

(aa) Property in a condition of deterioration or disrepair. This includes the keeping or depositing on, or the scattering over the premises of, any of the following:

(1) Debris, junk, lumber, or trash;

(2) Abandoned, disregarded, or unused objects or equipment (e.g., cans, containers, freezers, furniture, refrigerators, or stoves);

(3) Stagnant water;

(4) Hoarding conditions in either the interior or the exterior of the property.

(bb) A vacant parcel that is not planted with continuously maintained landscaping materials to prevent dust and erosion, or that is not continuously maintained free from trash, litter, and other debris.

(cc) A vacant structure that is not maintained in weatherproof condition, that is not maintained to the same extent and appearance as if it were occupied, and/or is not secured to prevent entry by unauthorized persons at all times.

(dd) Failure to maintain a residential property acquired through foreclosure or deed of trust. "Failure to maintain" includes but is not limited to: excessive foliage growth; failure to prevent trespassers or squatters from remaining on the property; failure to prevent mosquito larvae; or the existence of any condition that constitutes a public nuisance under state or local law.

(ee) Any property that generates an unusually high number of calls for police, code enforcement and/or fire service due to illegal activity and/or public nuisance conditions, or where an unusual amount of criminal activity takes place as demonstrated by police calls and/or reports. An unusual number of calls for service, or an unusual amount of criminal activity, may be determined in part by comparing similar or neighboring properties in similar zones or within the same or a similar neighborhood within the city.

(ff) Any property where any person willfully makes or continues, or causes to be made or continued, any excessive or unreasonable noise, which disturbs the peace or quiet of any property within the city or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

Irrespective of whether the noise originates within the city or outside the city, the standard that may be considered in determining whether excessive noise exists may include, but not be limited to, the following:

(1) Whether the noise can be heard over one hundred (100) feet from the property line where the source of the noise is located;

(2) The level of the noise;

(3) Whether the nature of the noise is usual or unusual;

(4) Whether the origin of the noise of natural or unnatural;

(5) The level and intensity of the background noise, if any;

(6) The proximity of the noise to residential sleeping facilities;

(7) The nature and zoning of the area within which the noise emanates;

(8) The density of the inhabitation of the area within which the noise emanates or is heard in;

(9) The time of the day and night the noise occurs;

(10) The duration of the noise, including whether it is of a temporary or short-term nature;

(11) Whether the noise is recurrent, intermittent, or constant; and

(12) Whether the noise is produced by a commercial or noncommercial activity.

(13) Any noise in violation of the provisions of Chapter XIII (Noise Control) of Title 13 (Planning, Zoning and Development) of this Code.

(gg) Any property or use that generates an unusual and significant amount of foot, bicycle, or vehicular traffic and/or parking shortages, noise, second hand smoke, trash in the streets, yards and/or on the sidewalks and parkways, blocks driveways or any other disturbance which interferes with other residents' or business owners' quiet enjoyment of their property.

(hh) Any business activity conducted without a business tax registration certificate.

(ii) Any business or other activity not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the city.

(jj) Any use of property conducted without a valid certificate of occupancy, or which has a certificate of occupancy inconsistent with the actual occupancy of the property.

(kk) Maintaining or permitting any condition to occur, or conducting any use of property that conflicts with California or with Federal law.

(ll) Any violation of the City of Costa Mesa's zoning code.

(Ord. No. 13-04, § 1, 10-1-13 )