Chapter 8.04
NUISANCES1
Sections:
8.04.020 Violation of ordinances relating to structures.
8.04.030 Officers charged with duty to abate.
8.04.040 Notice to abate generally.
8.04.050 Posting—Service of notice to abate.
8.04.070 Costs of abatement to become lien.
8.04.080 Foreclosure of lien—Disposition of proceeds.
8.04.090 Order to vacate certain buildings.
8.04.100 Procedure for destruction of all or part of building, structure.
8.04.110 Maintenance of nuisance unlawful.
8.04.005 Infraction.
A violation of this chapter shall be an infraction. (Ord. 815 § 2 (part), 1990).
8.04.010 Enumerated.
Each and every one of the following conditions, things, matters and acts is deemed a menace to the public health, safety and welfare and is declared to be a public nuisance and shall be abated as such:
(1) Animals. Any animal afflicted with or carrying any communicable disease under conditions such as to be a menace to the public health;
(2) Barbed Wire Fences. Any and all barbed wire fences within four feet of any public sidewalk; all wire, twine or rope fences, consisting of one or more strands, less than three feet in height and within three feet of any public sidewalk;
(3) Cesspools, etc. The maintenance of any cesspool, vault or pit for the reception of human excrement or fecal matter on any premises where there is a public sewer in a street adjacent thereto capable of serving the premises; the maintenance in any dwelling house of any toilets, sinks or other plumbing not properly vented and connected to the adjoining street sewer; provided, if there be no such adjoining street sewer, then all such toilets, sinks and other plumbing shall be properly vented and connected in a sanitary manner to a septic tank of approved type and construction; provided further, that pending the installation of any such adjoining street sewer, any existing cesspool may continue in use until such public sewer is installed or for such lesser time until the health officer may find and determine that the further use or existence thereof is imminently dangerous to public health;
(4) Deposits in Reservoirs, etc. Any and all refuse, rubbish, swill, garbage, tin cans, junk or other discarded matter or foreign substance whatsoever dumped, thrown or otherwise deposited into any public reservoir, stream or watercourse or supply, or upon the banks thereof, or into any water pipe, the waters of which are intended or used for human consumption; committing or doing any act or thing which will pollute, contaminate or tend to render unfit or unsafe any water intended or used for human consumption;
(5) Dilapidated Buildings. Any and all unsafe, dilapidated or dangerous buildings, walls and other structures and parts thereof which through fire, neglect, decay or for any other reason have become a menace to the public safety and welfare, or unfit for human occupancy;
(6) Excavations. Any object or excavation which obstructs the free passage or use in the customary manner of any public street, way or place, except when lawfully permitted;
(7) Flammable liquids. Any and all explosives, inflammable liquids or other dangerous substances, kept or stored in any manner or amount contrary to law or ordinance;
(8) Food. Decayed or unwholesome goods bartered, sold or offered for sale to the public, or designed or intended for human consumption, including milk from deceased animals;
(9) Health Menaces Generally. Any and all acts, conditions, things and uses of property which are in fact a menace to the public health;
(10) Machinery. Any and all machinery or wrecked or dismantled motor vehicles or parts thereof located in any public place, or so located on private property as to be visible to public view or adjacent to public streets or sidewalks;
(11) Menace to Safety, etc. All other acts conditions, occupations, things and uses of property which are in fact a menace to the public peace or safety;
(12) Odors, etc., From Burning. The burning of any bone, rags, feathers, offal, meat scraps, hair, garbage, rubbish or other substance or thing whatsoever, or the existence or maintenance of any condition or thing which causes dense smoke or noxious, foul or offensive odors or gases to so taint the air in such quantities as to render it unwholesome or injurious to health, or offensive to persons of ordinary sensibilities, and interfere with the comfortable enjoyment of life or property and effect at the same time an entire neighborhood or a considerable number of persons;
(13) Rubbish, etc. Every accumulation of rubbish, tin cans, refuse, slop, suds, stagnant water, swill, human excrement or fecal matter, garbage not within a container so covered as to prevent the access of flies and insects thereto, the carcass or any part thereof of any animal which has been dead for more than twenty-four (24) hours, or any other foul or putrid matter or filth whatsoever, which affords or is likely to afford a breeding place for flies, insects, rodents or other disease carriers or disease germs;
(14) Sewer Deposits. To throw or otherwise deposit into any public sewer or into any opening, drain or receptacle connecting therewith, any thing or substance of any kind whatsoever which might injure or obstruct the same, or to pour or otherwise deposit therein any gasoline, kerosene, or other inflammable oil or substance whatever which might cause the presence of explosive gases in any such sewer;
(15) Toilets. Any privy or toilet for the reception of human excrement or fecal matter existing or maintained in such an unclean or unsanitary condition or manner as to afford a breeding place for flies, insects or other disease carriers;
(16) Wells. Every well maintained or used for the purpose of drawing water for drinking purposes, after the health officer shall have found the water thereof unfit or in anywise unsafe for human consumption and shall have ordered the same to be closed or filled up;
(17) Unused or Abandoned Service Stations. Service station is defined as any lot or parcel of real property, the improvements on which are designed and built for the purpose of dispensing and selling automobile vehicle fuel. Service stations shall include all physical improvements and structures which are designed, built or adopted for use as or in connection with a service station. An unused or abandoned service station is one no longer being used to dispense automobile fuel. If such unused service station remains closed for the period of ninety (90) days, its use permit (if any) shall be invalidated, and any subsequent use of the property shall be subject to a use permit. Moreover, such unused service station may be found to be a public nuisance after a hearing pursuant to Section 8.04.100 of this chapter;
(18) Human occupation as a dwelling or residence of a motor vehicle, recreation vehicle or a structure not qualified as a dwelling unit under Title 16 of this code;
(19) Encroachments on Public Property. The unpermitted location or placement of any building or structure on or in a city street, a city park, or other city property, including property owned, leased, or occupied under permit by the city, when such property is being occupied by a public building or in use as a public right-of-way or for park, recreational, landscaping, open space or other public purposes;
(20) The use of plastic food packaging made with chlorofluorocarbons by takeout food vendors after
May 30, 1989;
(21) No person shall burn any garbage as defined in Section 7.04.010, or solid fuel as defined in Section 12.52.010, within or upon any premises except for the burning of fuel in wood burning appliances that is not prohibited under Section 12.52.070;
(22) Payday Lenders and Auto Title Lenders. Payday lender is defined as a retail business owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. Auto title lender is defined as a motor vehicle title lender who offers short-term loans secured by title to a motor vehicle. Payday lender and auto title lender as used in this section shall not include state or federally chartered banks, savings and loan associations, industrial loan companies, credit unions and credit agencies, mortgage lenders, investment companies, and nonprofit financial institutions providing retail banking services to individuals and businesses.
(23) The exterior accumulation of vegetation, weeds, dirt, litter, rubbish or debris on the property which is visible from a public street, sidewalk, alleyway, right-of-way or neighboring property. This includes, but is not limited to:
(A) Neglected or improperly maintained landscaping, dead, debris-laden, weed-infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water or any other vegetation;
(B) Vegetation likely to harbor rats, vermin and other nuisances or causing detriment to neighboring properties, or out of conformity with neighboring community standards to such an extent as to result in appreciable diminution of property values;
(C) Vegetation growing on the roof or compromising the integrity of any structure, except for rooftop gardens designed and constructed to withstand structural load;
(D) The removal or failure to maintain in good condition any landscaping required as a condition of any permit or development approval or included in the project plans or application without city approval. "Good condition" means that plant material is alive, irrigated, and otherwise cared for to ensure survival.
The provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought year, as determined by the city. For purposes of this subsection, a lawn area shall be deemed overgrown if fifty percent (50%) or more of its area exceeds four (4) inches in height (not including decorative grasses).
(24) The accumulation or storage of junk, trash or debris, including but not limited to tires, broken, abandoned or discarded furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, goods and furnishings, shopping carts, packing boxes, lumber, salvage materials or other materials, accumulations of grease, oil or petroleum-based products of any kind, animal feces, or other debris and litter, which constitutes a fire hazard or safety hazard and/or is stored or accumulated in such a manner as to constitute visual blight which is visible from the public street, sidewalk or right-of-way, alley or adjoining property. This includes the dumping, spillage or storage of solids or liquids which may negatively impact the visual or olfactory nature of the area.
(25) Any fence which is in a condition of dilapidation or disrepair, including, but not limited to, fences with broken slats and sharp edges, or which severely lean or list more than fifteen (15) degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot or other damage.
(26) The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in this code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether the building is occupied.
(27) Any violation of the Menlo Park zoning ordinance or any state or county law violation enforced by the city. (Ord. 1097 § 3 (Exh. B), 2023; Ord. 1008 § 2, 2014; Ord. 966 § 2, 2010; Ord. 911 § 1, 2002; Ord. 895 § 2, 1999; Ord. 892 § 3 (part), 1999; Ord. 782 § 1, 1998; Ord. 771 § 1, 1998; Ord. 745 § 1, 1987; Ord. 740 § 8, 1986; Ord. 713 § 1 (Exhibit A), 1985: Ord. 585 § 1, 1975: Prior code § 17.1).
8.04.020 Violation of ordinances relating to structures.
Any and all buildings or structures (including signs) erected, constructed, located, altered, or maintained in the city in violation of municipal ordinances prescribing: (1) the size or location thereof; (2) the manner or materials of construction; or (3) the standards of maintenance thereof is a public nuisance, and shall be abated as such. (Prior code § 17.2).
8.04.030 Officers charged with duty to abate.
It shall be the duty of the city manager or his designated representatives to abate or cause the abatement of any and all public nuisances affecting the public health, safety, and welfare, as more particularly set forth in Sections 8.04.010—020. (Prior code § 17.3).
8.04.040 Notice to abate generally.
Whenever it appears to the officer whose duty it is to abate a nuisance that there is imminent and immediate danger to the general public, or to a large portion thereof, in the existence or continuance of any public nuisance amounting to a nuisance per se, such officer may give such reasonable notice to the owner, occupant, agent or other person having control of the property, as the exigencies of the case may allow and thereupon summarily abate the nuisance. Any notice given pursuant to this section may be oral, but if the owner, occupant or other person in control, is absent or unknown, written notice of the abatement shall be posted on the property as soon as practicable. (Prior code § 17.4).
8.04.050 Posting—Service of notice to abate.
Whenever the existence of any public nuisance within the city comes to the attention of the officer whose duty it is to abate the same, such officer shall except in those cases herein otherwise provided, forthwith serve or cause to be served upon the owner, reputed owner, occupant or person having control of the property for the owner, a notice in writing requiring that the nuisance be abated within a reasonable time which shall be specified in the notice, but which shall not be less than three days after service thereof, except in cases of summary abatement, and briefly stating what measures shall be taken to abate the same. Service of the notice may be made by certified mail, return receipt requested, addressed to the last known address of the owner or reputed owner and the address of the property, provided, that if the return receipt is not returned with the signature of the owner or reputed owner, service may be made upon the owner, reputed owner, occupant or person in charge of the property in the same manner as service of summons in a civil action, and if, after diligent search, neither the owner, reputed owner, occupant or other person in charge of the premises can be served, service may be completed by posting of the notice in a conspicuous place on the property. Failure to receive notice mailed by certified mail and/or the posted notice shall not affect the validity of any proceedings hereunder. Service, posting, and mailing of notice pursuant to this section is required only if the nuisance is abated by an officer of the city without a court order requiring or authorizing such abatement. (Ord. 777 § 1, 1988; Ord. 743 § 1, 1987; Prior code § 17.5).
8.04.060 Abatement by city.
If, upon the expiration of the time specified in the notice provided by the preceding section, the nuisance shall be found to remain unabated, the officer whose duty it is to abate such nuisance may forthwith proceed to remove, suppress or otherwise abate the same. (Prior code § 17.6).
8.04.070 Costs of abatement to become lien.
Any and all sums expended in the abatement of any public nuisance from the date of payment thereof by the city shall be and become a lien against the property on which the nuisance existed or was maintained, and in addition any and all such sums shall thereupon be and become a personal charge against the owner of the property and against the person creating, causing, committing or maintaining the nuisance, and each of them, and may be recovered by the city in any court of competent jurisdiction, and a reasonable attorney’s fee shall be fixed by the court and taxed as a part of the costs to be paid by the defendant in such action. (Prior code § 17.7).
8.04.080 Foreclosure of lien—Disposition of proceeds.
If within thirty days prior to the end of the fiscal year the expenditure provided in the preceding section shall not have been paid to the officer authorized to receive the same for payment into the city treasury, the city manager shall submit to the City Council for confirmation an itemized written report showing the cost of abatement of such public nuisance. A copy of the report shall be posted at the city hall at least three days prior to the submission of it to the City Council; a notice of the time and place of the hearing on the report before the City Council shall be mailed to the parcel of property upon which the nuisance was abated, addressed to the owner thereof if known. At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owner liable to be assessed for the cost of abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. After the cost of abatement of such public nuisance is confirmed, it is a lien on the parcel on which the nuisance existed. After confirmation of the report, a copy thereof shall be given to the assessor and tax collector, who shall add the amount of the lien to the next regular tax bill levied against the parcel for municipal purposes. (Prior code § 17.8).
8.04.090 Order to vacate certain buildings.
Whenever it appears to the city manager or his designated representatives that any building or part thereof is unfit or unsafe for human habitation by reason of its being so contaminated with disease, or by reason of any prevailing unsanitary condition therein which is likely to cause sickness among the occupants, or that any such building or part thereof is dangerous to human life by reason of its want of repair, the officer may issue an order and cause the same to be posted in a conspicuous place on the building, or part thereof affected, and personally served upon the owner, reputed owner, or upon his agent or lessee, if either can with reasonable diligence be found within the city, requiring all persons to vacate such building or part thereof, for the reasons to be stated in the order. Such building, or the part thereof affected, shall be vacated within ten days thereafter, or within such shorter time as may be specified in the order, but if any time the city manager or his designated representatives shall be satisfied that the danger has ceased to exist, he may revoke the order and it shall be thenceforth inoperative. (Prior code § 17.9).
8.04.100 Procedure for destruction of all or part of building, structure.
In every case in which the abatement of a nuisance necessitates the destruction of any building or structure, or part thereof, or which necessitates the destruction of property having more than nominal value, excepting when summary abatement is authorized, and in such other cases as the City Council may require, the owner of the property shall first be given an opportunity to be heard on the matter before the City Council and for that purpose the council shall fix a time and place of hearing by order entered on its minutes, and cause reasonable notice thereof to be given to the owner or reputed owner, or occupant or person having control of the property for the owner. Service of the notice may be made in the manner provided in Section 8.04.050.
Upon the hearing, if the City Council finds that the act, condition, use or thing in question is in fact a public nuisance, whether it be herein so defined or not, the council may by order entered upon its minutes so find and declare the same to be and to constitute a public nuisance and order the abatement thereof, and for all purposes hereof the finding and determination shall be final.
In case the owner or his representative fails to offer any objections at such hearing, or if the objections offered are overruled, and he fails to abate the nuisance within five days thereafter, or within such further time as the council may allow, the council may then cause the nuisance to be abated. An opportunity to be heard before the City Council pursuant to this section is required only if the nuisance is abated by an officer of the city without a court order requiring or authorizing such abatement. (Ord. 743 § 2, 1987; Prior code § 17.10).
8.04.110 Maintenance of nuisance unlawful.
It is unlawful for any person whether as principal, agent or employee, for himself or for another, to commit, create or maintain, or permit or cause to be committed, created or maintained, any act, condition, use, thing, or occupation whatsoever which is by ordinance or otherwise lawfully declared to be or to constitute a public nuisance. (Prior code § 17.11).
For statutory provisions regarding nuisance sand a city’s power of abatement, see Civil Code § 3479 et seq. For regulations governing poultry nuisances, see Section 9.20.080.