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ORDINANCE NO. 3398
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO NUISANCES AND ENFORCEMENT
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 17.10 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 Definitions
17.10.040 Abatement of Nuisance Related Activities or Condition
17.10.050 Nuisance Designated
17.10.060 Violations
17.10.070 Alternatives
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach,
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter shall
be cumulative and in addition to any other procedure or legal remedy provided for in this Code
or by state law for the abatement of nuisance related activities or conditions. Nothing in this
chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to
abate a nuisance under applicable civil, penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter.
17.10.030 Definitions:
(a) Abate/Abatement. As used in this chapter, the terms "abate" and "abatement" shall
mean action to terminate, remove, stop, cease, repair, replace or otherwise remedy a
nuisance related activity or condition by such means and in such manner as is
necessary to the interest of the health, safety or general welfare of the public.
(b) City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other
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person or persons designated by the City Administrator as being an Administrative
Abatement Officer.
(c) Person/Responsible,Person/Party.
:(1) As used in this chapter, "Person"/"Responsible Person"1"Party" shall mean any
individual, business or entity who is responsible for causing, maintaining or
permitting a nuisance activity or condition. The terms "person," "responsible
person" or"responsible party" include, but are not limited to, a property owner,
tenant, person with a legal interest in real property or person in possession or
occupying real property, the president or other officer of a corporation, a
business owner or manager of a business.
(2) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the
meaning of this chapter shall be imputed to the parent or guardian having
custody and control of the minor for all purposes, including the duty to abate the
nuisance(s) and the imposition of administrative penalties and costs as provided
for herein. The parent or guardian having custody and control of the minor shall
be jointly and severally liable with the minor for any and all penalties or costs
imposed pursuant to this chapter.
(d) Premises. As used in this chapter, the term "premises" shall mean any location,
building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel,
land or portion thereof whether improved or unimproved.
17.10.040 Abatement of Nuisance Related Activities or Condition. Any activity, condition or
premise(s) maintained as described herein is declared to be a public nuisance and shall be
abated by cessation of the activity, rehabilitation, demolition, removal, repair or other
appropriate remedy pursuant to the procedures set forth in this chapter.
17.10.050 Nuisance Designated. It is hereby declared a public nuisance, or an act in the
nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow
any premises in this City to be used in such a manner that any one or more of the activities or
conditions described in the following subsections are found to occur thereon.
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in
Sections 3479 and 3480 of the Civil Code of the State of California or which is
specifically declared to constitute a nuisance or public nuisance by any statute of the
State of California or by any ordinance of the City of Huntington Beach.
(b) The violation of any provisions of the following Uniform Codes which have been
adopted, as amended, by the City of Huntington Beach:
(1) Uniform Building Code;
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
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(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the
Huntington Beach Zoning and Subdivision Ordinance Code, or any code adopted by
reference.
(d) The operation or maintenance of any business, trade or profession in violation of Title 5
of this Code, or lack of a proper certificate of occupancy.
(e) The frequent gathering, or coming and going, of people who have an intent to purchase
or use controlled substances on or at any premises in this City.
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22.
(g) The making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood
or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
(h) The occurrence of criminal activity at any premises which threatens the life, health,
safety or welfare of the residents of the premises, neighbors or the public.
(i) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in
a state of partial construction.
(} Land, the topography or configuration of which, whether in a man-made state or as a
result of grading operations, excavation or fill, causes erosion, subsidence, or surface
water drainage problems of such magnitude as to be injurious to the public health,
safety and welfare or to adjacent properties.
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures.
(1) Overgrown vegetation on developed property which:
(1) Harbors rats, vermin, and other disease carriers; or
(2) Causes detriment to neighboring properties or property values; or
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic.
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on
developed property which:
(1) Constitutes an unsightly appearance; or
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(2) Creates danger to public safety and welfare; or
(3) Is detrimental to nearby property or property values.
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard
to the general public.
(o) Unprotected or hazardous excavations, swimming pools, and ponds.
(p) Broken or discarded furniture, household equipment and appliances on the premises,
which causes damage or is a detriment to neighboring properties.
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring
properties.
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and
landscaped areas.
(s) Deteriorated parking lots which have pot holes, cracks and ridges.
(t) Fences in a state of disrepair or in a dilapidated condition.
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding
property or is materially detrimental to proximal properties and improvements. This
includes, but is not limited to, the keeping and disposing of or the scattering over the
property or premises of any of the following: (i) lumber,junk, trash or debris; (ii)
abandoned or discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers; (iii) stagnant water or
excavation(s); (iv) any device, decoration, design, fence, structure, clothesline or
vegetation which is unsightly by reason of its condition or inappropriate location; or(v)
permitting or allowing any graffiti to remain on any building, wall, fence or structure.
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code.
(w) The maintenance, use, rental or lease of any premises, or subunit thereof, including
single-family dwellings, where persons are allowed to congregate, gather or loiter in
such a manner as to disturb the peace of other persons lawfully on the property itself or
lawfully in the vicinity of the property.
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance, precursor, or analog as those
terms are defined by state law.
(y) Noise disturbances in violation of Chapter 8.40 of this Code,
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(z) Maintenance of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties.
(aa) The maintenance of any sidewalk or driveway located on private property which is
debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be
°viewed from public property, or to be injurious to property or injurious to persons using
said driveway or sidewalk.
(bb) The maintenance of property where buildings or structures have been left boarded up
for a period in excess of ten (10) days without a valid demolition or building permit on
file with the Huntington Beach Community Development Department or abate said
boarded up condition.
(cc) The maintenance of buildings or structures used or intended to be used for dwelling
purposes, storage or similar uses, because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or
use is in a condition that is likely to cause injury or be detrimental to the health, safety,
or general welfare of those living in the area or within.
17.10.060 Violations.
(a) The owner or other person having charge or control of any such buildings or premises
who maintains any public nuisance defined in this chapter, or who violates any notice of
abatement served as provided in section 17,10.100, is guilty of a MISDEMEANOR.
(b) Any occupant or lessee in possession of any such building or structure who fails to
vacate said building or structure in accordance with a notice given as provided in this
chapter is guilty of a MISDEMEANOR.
(c) Any person who obstructs, impedes or interferes with any representative of the City
Councilor with any representative of a City department or with any person who owns or
holds any estate or interest in a building which has been ordered to be vacated,
repaired, rehabilitated, or demolished or with any person to whom any such building
has been lawfully sold pursuant to the provisions of this chapter when any of the
aforementioned individuals are lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a MISDEMEANOR.
17.10.070 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein.
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SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 15th day of Jura 1998.
ATTEST: mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED b4-qi?A"Tiorney-
INITIATED AND APPROVED:
City Adrhrdistrator
City Attor
ney
ity
jmpWordiiiatice/iiicl7-10/5/20/98
Ord. No. 3398
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 1st da of June 1998, and was again read to
said City Council at a regular meeting thereof held on the 15th day of June, 1998, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
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In accordance with the City Charter of said City City Clerk and ex-offici Clerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
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6/18/98