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Sec.9.59.110. Nuisances designated.

It shall be unlawful and it is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant or other property within the city to maintain such property in such a manner that any of the following conditions are found to exist thereon:

(a)   Animals. Animals, livestock, poultry or bees kept, bred or maintained for any purpose or in violation of any provision of the City Municipal Code. 

(b)   Hazards to children. 

(1)   Attractive nuisances dangerous to children, including, but not limited to, abandoned, broken, or neglected equipment and machinery, pools, spas, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, rubble, refuse, fence, debris or vegetation.

(2)   The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned buildings or structures.

(c)   Landscaping  . Any front yard or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris. 

(d)   Maintenance of structures.   

(1)   Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than 12 months, or during any period of extension, after the issuance of a building permit.

(2)   Buildings, walls, fences or structures lacking an appropriate protective finish, including but not limited to paint or varnish; buildings, walls, fences or structures upon which the condition of the paint or other protective finish has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation. Buildings, walls, fences, or structures made of brick, concrete blocks, stone, or similar materials, need not be finished, but must be maintained to avoid deterioration or decay.

(3)   Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye or other similar marking substances, is allowed to remain for more than 24 hours.

(4)   Broken windows.

(5)   Building exteriors, roofs, walls, garage doors, wood trim, fascia boards, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable.

(6)   Improperly maintained signs or signs relating to uses no longer conducted or products no longer sold on the property. A sign damaged for a period exceeding 72 hours constitutes a nuisance.

(7)   Any habitation which is overcrowded, as defined by the Uniform Housing Code, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard.

(e)   Maintenance of yard.   

(1)   Overgrown, dead, decayed or hazardous vegetation when any of the following conditions exist:

a.   The vegetation may harbor rats, vermin or other disease carriers such that it presents a significant threat to the public health and safety.

b.   The vegetation is maintained so as to cause an obstruction to the vision of motorists or hazardous condition to pedestrians or vehicle traffic.

c.   The vegetation constitutes an unsightly appearance.

d.   The vegetation creates a danger or attractive nuisance to the public.

e.   The vegetation is detrimental to the appearance of the neighboring properties or substantially detracts from the appearance of the immediate neighborhood or reduces or has the potential to reduce the property values in the immediate neighborhood.

f.   The vegetation 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 any impediment to public travel.

(2)   Landscaping, grounds, walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable.

(3)   The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas.

(4)   Deteriorated parking lots, including those containing pot holes, cracks, ponds or ridges.

(5)   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 problems of such magnitude as to be injurious to public health, safety and welfare.

(f)   Municipal Code and other governmental regulations.   

(1)   Any violation of any section of the City of Mission Viejo Municipal Code including, but not limited to:

a.   Chapter 5.03 of title 5 of the Mission Viejo Municipal Code relating to business regulations including, but not limited to, massage establishments.

b.   Chapters 6.10, 6.15, 6.20, 6.25, 6.35 and 6.70 of title 6 of Mission Viejo Municipal Code relating to health and sanitation including, but not limited to, noise control, abatement of weeds and illegal dumping.

c.   Chapters 8.02, 8.04, 8.06, 8.08 and 8.10 of title 8 of Mission Viejo Municipal Code relating to building and construction including, but not limited to, building codes, fire codes and grading.

d.   Title 9 of Mission Viejo Municipal Code relating to development including, but not limited to, zoning restrictions related to structures on property, sign restrictions, site development standards, adult business, and parking standards.

e.   Title 10 of Mission Viejo Municipal Code relating to animals including, but not limited to, animal control regulations and licensing.

f.   Chapters 11.10 through 11.20 of title 11 of the Mission Viejo Municipal Code relating to peace, morals and safety including, but not limited to, property maintenance and recreational vehicles on private property.

g.   Chapters 12.08 and 12.10 of Mission Viejo Municipal Code relating to traffic including, but not limited to, parking of vehicles and abandoned, wrecked, dismantled or inoperative vehicles.

h.   Chapters 14.01, 14.03, 14.06, 14.10, 14.20, and 14.24 of Mission Viejo Municipal Code relating to streets and sidewalks including, but not limited to, advertising on parked vehicles, and encroachments over and on streets.

(2)   Any other condition declared by any state, county or city statute, code or regulation to be a public nuisance.

(g)   Storage and debris.   

(1)   Lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley or neighboring property.

(2)   Trash receptacles not substantially screened from the view of a public street, alley or neighboring property, except after 6:00 p.m. the evening before the designated day for trash collection and on the designated day for trash collection.

(3)   Construction debris bins, storage bins or building materials stored in excess of 30 days in any front or side yard setback area without the express approval of the director of community development.

(4)   Clotheslines, clothing, or household fabrics hung, dried or aired in such a way so as to be visible from public streets, alleys, or neighboring properties.

(5)   Unsightly articles, refuse or trash placed so as to be visible from neighboring properties or streets.

(6)   Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property.

(7)   Storage of outdoor play/athletic equipment with a footprint area of greater than 12 square feet, in the front yard area, as defined in subsection (h)(2)a. For purposes of this subsection (7) the footprint shall be measured as the maximum perimeter of the piece of equipment treating all horizontal projections as existing on the same vertical plane.

(h)   Vehicles or equipment.   

(1)   Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck tractors, any other commercial vehicle over 22 feet long or eight feet in height or 90 inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. Commercial vehicle, for the purposes of the section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.

(2)   Recreational vehicles parked or stored in the front yard area, or any other location on the property where the recreational vehicles are visible from the neighboring property or any street. The foregoing applies even if the vehicle or item is used primarily for some purpose other than recreation. Any recreational vehicle without a valid registration or license is considered to be stored. For the purposes of this section:

a.   "Front yard area" shall mean the area between the plane of the front elevation of the main portion of a dwelling unit extending to the side property lines and the front property line abutting the street, including the driveway.

b.   "Property owner" shall mean the legal owner of the residential property.

c.   "Owner" shall mean the registered owner of a recreational vehicle and/or other recreational items, which includes, but shall not be limited to, the property owner, renter/lessor, and/or other residents or guests residing permanently or temporarily on residential property.

d.   "Recreational vehicle" shall mean a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed or driven, and is designed primarily for recreational, camping, sailing and/or travel use, such as, but not limited to, travel trailers, motor homes, buses converted to recreational or other noncommercial uses, vans, trucks with or without camper shells, campers, camping trailers, motorcycles, off-road vehicles, aircraft, boats or other vessels.

(3)   Use of parked or stored recreational vehicles, as defined in subsection (h)(2)d., as temporary or permanent living space.

(Ord. No. 98-193, §§ 1--4, 10-19-98; Ord. No. 06-242, § 12, 5-15-06)


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