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Yorba Linda City Zoning Code

CHAPTER 18

40 ENFORCEMENT

§ 18.40.010 Authority.

The City Council, the City Attorney, the Police Chief, the Community Development Director, the City Building Official, the City Clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.40.020 Public nuisance designated.

Any building or structure erected or maintained or any use of property contrary to the provisions of this title shall be and the same hereby is declared to be unlawful and a public nuisance. The abatement procedure for all public nuisances shall be conducted pursuant to Chapter 8.04 of the Yorba Linda Municipal Code.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.40.030 Property maintenance.

It is unlawful and hereby declared a public nuisance for any person either owning, leasing, occupying, or having charge, control or possession of any real property within the City to cause, permit or allow any of the following property maintenance conditions to exist thereon:
A. 
Any public nuisance known in law or in equity jurisprudence.
B. 
Building which are abandoned, partially destroyed, or unsafe as defined in the adopted uniform Building Code, or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction without measurable work or inspection for six months or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood.
C. 
Any building or structure that has become dilapidated, dangerous or at risk of collapse resulting from decay, damage, faulty construction or arrangement, fire, wind, earthquake, flood, old age or neglect.
D. 
Attractive nuisances dangerous to children, or likely to shelter vagrants or criminal activities, including, but not limited to, abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts, or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation which may prove a hazard for inquisitive minors.
E. 
Any building or structure that allows easy access into vacant structures through any window or door-way, or other opening because of failure to close, secure by lock, and fails to protect against such entry without use of substantial force.
F. 
Broken windows constituting hazardous conditions and faulty weather protection, inviting trespassers and malicious mischief.
G. 
Building exteriors, walls, fences, driveways, sidewalks, and walkways which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvement.
H. 
Any wall, fence or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or neighboring property.
I. 
Unpainted buildings and structures, and those having chipped and peeling paint, dry rot, warping, or termite infestation. Buildings on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation so as to render the buildings unsightly and in a state of disrepair.
J. 
Lumber, junk, trash, garbage, salvage materials, rubbish, refuse, rubble, broken asphalt, concrete, containers, scrap metal or other debris stored or deposited on a property such that they are visible from a public street, alley, or adjoining property or that create a harborage for rats or establish a potential fire hazard.
K. 
Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property.
L. 
Construction equipment, supplies, materials, or machinery of any type or description parked or stored in any zone other than the M-1 manufacturing district, except while excavation construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property. The foregoing is not meant to prohibit the use and storage of shop smiths and table saws that are customarily incidental and accessory to residential hobby or home improvement use when stored out of view at ground level from a public street or alley or from adjoining property.
M. 
Vehicles parked in the open space area of front yards in a residential zone except when such vehicles are operative, have current licensing and are parked on a paved drive approach to a required garage or other permitted driveway or on a fully paved narrow side yard strip adjacent thereto.
N. 
The outside storage of boats, catamarans, dinghies, vessels, or other watercraft in any required front or side yard other than on a validly licensed trailer parked in a lawful manner.
O. 
Clotheslines in front yard areas and street side yard areas of corner lots.
P. 
Any property with pooled oil accumulation, oil or other hazardous material flowing onto public right-of-way, or excessive accumulations of grease, oil, or other hazardous material on paved or unpaved surfaced, buildings, walls or fences, or any public street or property.
Q. 
Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and are visible from a public view on non-trash collection days.
R. 
Offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person or which may attract insects.
S. 
Dead, decayed, diseased, overgrown or hazardous trees, weeds, and vegetation cultivated or uncultivated, which is likely to harbor rats or vermin, or constitutes an unsightly appearance, or is detrimental to neighboring properties or property values, or constitutes a fire hazard.
T. 
Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way, including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel.
U. 
Lack of landscaping: Landscaping shall consist of healthy and growing cultivated vegetation common to most residential and commercial property, and/or planned drought tolerant schemes, including artificial turf in compliance with Section 18.10.110.C of this title.
V. 
Lack of maintenance of landscaping: All landscaping shall be maintained in a reasonable manner and shall include, but not be limited to, trimming, weeding, irrigating, fertilizing, mowing, replacing, cleaning, etc.
W. 
A swimming pool, pond, or other body of water that is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water which contains bacterial growth, algae, insects, animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature, or location, constitutes an unhealthy or unsafe condition.
X. 
Improper maintenance of signs relating to uses no longer conducted or products no longer sold on the property.
Y. 
Sign or sign structures including their supports, braces, ties and anchor which constitute a hazard to health, safety, or public welfare, by reason of inadequate maintenance dilapidation or obsolescence, including, but not limited to, conditions which obscure visibility of any public right-of way, road, intersection or pedestrian walkway.
Z. 
Any condition or use of a building, structure or property that violates any condition of a conditional use permit.
AA. 
Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.
BB. 
Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.40.040 Remedies cumulative.

All remedies concerning this title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.40.050 Violation-Penalty.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title or violating or failing to comply with any order or regulation made hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1.12.010 of this code.
(Ord. 2004-884; Ord. 2019-1056 § 3)