HomeMy WebLinkAbout99-22 CC OrdinanceORDINANCE NO. 99-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 8.12.020 THE TEMECULA MUNICIPAL CODE
RELATING TO DESIGNATION OF PUBLIC NUISANCES, AMENDING
SECTION 8.12.160 RELATING TO EMERGENCY ABATEMENT AND
ALTERNATE ABATEMENT ACTIONS, AND ADDING SECTION 10.08.075 TO
THE TEMECULA MUNICIPAL CODE PROHIBITING THE DEPOSIT OF
HAZARDOUS SUBSTANCES, DEBRIS, ROCKS OR DIRT UPON PUBLIC
RIGHTS OF WAY OR PROPERTY WITHOUT PERMISSION OF THE OWNER
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 8.12.020 of the Temecula Municipal Code is hereby
amended to read as follows:
"8.12.020 Public Nuisances Defined
It shall be unlawful and it is declared to be a public nuisance for any person
owning, leasing, occupying, or have charge or control of any property within the City, to
maintain such property or cause such property to be maintained in a manner that any of
the following conditions are found to exist.
A. Any violation of any provision of the Temecula Municipal Code or any
ordinance of the County of Riverside adopted by reference by the City, including but not
limited to Riverside County Ordinance No, 655 relating to the regulation of light pollution.
B. Land, the topography or configuration of which, in any man-made state,
whether as a result of grading operations, excavations, fill or other alteration, interferes
with the established drainage pattern over the property or from adjoining or other
properties which does or may result in erosion, subsidence or surface water drainage
programs of such magnitude as to be injurious to public health, safety and welfare or to
neighboring properties.
C. Buildings or structures which are partially destroyed, abandoned, vacant,
or boarded up for more than ninety (90) consecutive calendar days, or ninety (90)
calendar days within a one hundred twenty (120) calendar day pedod, unless a longer
time limit is approved pursuant to the provisions of this Code.
D. The failure to secure and maintain from public access all doorways,
windows and other openings into vacant buildings or structures.
E. Buildings, structures, walls, retaining walls, or fences upon which the
paint has deteriorated so as to display cracking, peeling, chalking, or upon which the
paint has become so deteriorated as to permit decay, excessive checking, dry rot,
warping or termite infestation.
F. Any building or structure, wall, fence, pavement, walkway, equipment, or
other surface upon which graffiti, including paint, ink, chalk, dye, scratches, gouging or
similar markings, is allowed to remain for more that twenty-four (24) hours after
discovery.
R:Ords\99-22 I
G. Broken or missing windows.
H. Except as provided in Chapter 8.16, any overgrown, dead, decaying or
hazardous vegetation which:
1. May harbor rats, vermin or other disease carriers;
2. Constitutes an obstruction to the vision of motorists or a
hazardous condition to pedestrians or vehicular traffic;
3. Constitutes an unsightly appearance;
public;
Creates a dangerous condition or an attractive nuisance to the
5. On developed property, grass or weeds exceeding four (4) inches
above the ground;
6. Fails to comply with applicable customary and reasonable
standards for landscape maintenance of residential, commercial or industrial
properties within the City.
I. Buildings, structures, exteriors, roofs, landscaping, grounds walls,
retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which
are defective, unsightly, no longer viable, or which otherwise fail to comply with
applicable customary and reasonable standards for maintenance of residential,
commercial or industrial properties within the City.
J. The accumulation of trash, refuse, garbage, dirt, litter, animal or human
feces or debris in such a manner as to cause or likely cause the breeding of or attraction
of flies or other insects. All trash, refuse, garbage, dirt, litter, animal or human feces or
debris shall be removed from the property not less than weekly and more often if
necessary to prevent the breeding of or attraction of flies or other insects.
K. Except where construction is occurring under a valid permit, lumber junk,
trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken
asphalt or concrete, containers, broken or neglected machinery, scrap materials,
machinery parts, or other such materials stored, deposited or maintained on property
such that they are visible from a street, alley or neighboring property.
L. Deteriorated private streets, easements and parking lots, including but
not limited to those containing potholes or cracks, which fail to comply with applicable
customary and reasonable standards for maintenance of residential, commercial or
industrial properties within the City.
M. Abandoned, broken or neglected equipment, machinery, excavations,
wells, shafts, basements, holes, refrigerators, appliances, motor vehicles, structures,
skateboard ramps, or accumulated lumber, trash, garbage, debris, or vegetation (not
otherwise subject to Chapter 8.16) which may reasonably attract children to such
conditions.
R:Ords\99-22 2
N. 1. Construction equipment, buses, tow trucks, dump trucks, fiat bed
trucks, grading equipment, commercial vehicles over twenty-five feet long or eight feet in
height or ninety inches wide, supplies, materials or machinery of any type or description,
parked, stored or maintained upon any property within a residential zone.
2. Commercial vehicle, for the purposes of this section, shall be
defined as any motorized or non-motorized vehicle used or maintained to
transport property or goods for profit, or persons for hire or compensation. Any
commercial vehicle, when used as the primary source of transportation by the
person owning, leasing, occupying, or have charge or control of any such
vehicle, shall be exempt from the provisions of this subsection.
O. Construction debris storage bins for the property which stored in excess
of fifteen (15) days on a street or in any front or side yard setback area without the
express written approval of the City Engineer.
P. The existence of hazardous substances and waste, as defined in
applicable state or federal laws, unlawfully released, discharged, placed, maintained or
deposited upon any property.
Q. To allow excessive dust to be generated on the property or the
accumulation of debris.
R. To allow or perform the maintenance, repair, restoration, or dismantling of
any vehicle, machinery, or equipment upon any residential property, walkway,
easement, or public or private street in such a manner as to be visible from the street or
public right of way. This prohibition shall not apply to minor repair or maintenance of
such vehicles, machinery, or equipment which belongs to the residing on the property,
and which is performed inside an enclosed structure or which is performed outside but is
not visible from the street or public right of way for longer than seventy-two (72)
consecutive hours within a one week period.
S. To store trash containers in such a manner as to be visible from the
street or public right of way.
T. To occupy any vehicle, recreational vehicle, motor home, trailer or
camper which is not stored or parked in a legal campground or mobile home park and
connected to proper sewage disposal facilities.
U. To maintain property containing an infestation of termites, insects,
vermin, or rodents.
V. To maintain property not properly connected to a sewage disposal
system or sanitary sewer or which is leaking sewage.
W. To maintain property where swimming pools, spas, ponds or other bodies
of water are not securely fenced or where swimming pools, spas, ponds or other bodies
of water are in an unhealthy or unsafe condition, including but not limited to,
accumulation of algae and/or other animal or plant growth in a pool or spa,
malfunctioning filtration machinery, or improper water treatment.
R:Ords\99-22
To maintain, place or otherwise display upon any fence, wall, tree, bush,
3
or other structure or portion thereof, any linens, rugs, fabdcs, or other items of clothing
or similar items except upon a recognized clothesline allowed by this Code. The
placement of clotheslines shall be prohibited in any front yard setback back areas.
Y. To maintain property which allows, promotes, uses, or causes the
existence of any unlawful encroachment, including, without limitation, signs, play
equipment, sports equipment, trash or vegetation, upon the public street, alley, sidewalk
or other public right of way adjacent to the property.
Z. Any other condition declared by any state, county, or city statute,
ordinance, code or regulation to be a public nuisance."
Section 2. Section 8.12.160 of the Temecula Municipal Code is hereby
amended to read as follows:
"8.12.160 Emergency Abatement; Alternative Actions.
A. Notwithstanding any other provisions of this Chapter, whenever the City
Manager or his or her designee determines that any real property or any building,
structure or condition thereon is dangerous or constitutes an immediate treat to public
health or safety, he or she shall, without being required to comply with the procedures of
this Chapter, immediately cause such public nuisance to be abated, provided all other
legal constitutional requirements are complied with.
B. Nothing in this Chapter shall be deemed to prevent the City from
commencing a civil or criminal proceeding to abate a public nuisance or from pursuing
any other means available to it under provisions of applicable ordinances or state law to
correct hazards, deficiencies or violations of law in real property in addition to or as
alternatives to the proceedings set forth in this Chapter."
Section 3.
Code to read as follows:
Section 10.08.075 is hereby added to the Temecula Municipal
"10.08.075. Illegal Dumping on Public Rights of Way or Private Property.
It shall be unlawful to dump, deposit, or otherwise place hazardous substances and
waste (as defined in applicable state or federal laws), rocks, dirt, trash, garbage, or
other waste material upon any public or private highway or road (including any portion of
the right of way thereof), or any public or private property without the written consent of
the owner of any such property."
Section 4. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
Section 5. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published in the manner required by law.
R:Ords\99-22 4
Section 6.
ATTEST:
PASSED, APPROVED AND ADOPTED, this 24t~ da f~August,:~~9.!~_
</~Steven J. Ford
yor
Susan W. Jon s, CMCV~,AE
k
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the
foregoing Ordinance No. 99-22 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 10th day of August, 1999 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 24th of August, 1999, by the following vote:
AYES: 5
COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
S CMC~AAE
\~_...~ City Clerk
R: Ords\99-22 5