HomeMy WebLinkAboutOrdinance #3997 ORDINANCE NO. 3997
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE HUNTINGTON BEACH NUISANCE CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.10.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 California Codes which have been
adopted, as amended, by the City of Huntington Beach:
(1) California Building Code;
(2) California Electrical Code;
(3) California Fire Code;
(4) California Residential Code;
(5) California Plumbing Code;
(6) California Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub 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.
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Ordinance No. 3997
(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.
(j) 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
(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.
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Ordinance No. 3997
(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.
(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.
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Ordinance No. 3997
(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.
(dd) The maintenance of any building or portion thereof, including any dwelling unit,
guestroom or suite of rooms, or the premises on which the same is located, in which
there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall
be deemed and hereby is declared to be a substandard building as defined in Section
17920.3 of the Health and Safety Code of the State of California.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of November , 2013.
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Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk y A orney plc 113
REVIEW D APPROVED: INITIATE ND APP OVED:
Cr 11��a�iager D' ectorW Planning and Building
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Ord. No. 3997
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 October 21,2013, and was again read to said City Council at a
regular meeting thereof held on November 18, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on November 28,2013.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk Cif/Clerk and ex-officio rk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California