§ 6.44.010. NUISANCES.

It is hereby declared a public nuisance for any person to perform any of the following acts or cause any of the following conditions to exist, or for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist or the following acts are found to have been committed thereon:

.010 Fire Hazards. The presence of any dry or dead shrub, palm frond or tree, combustible refuse or waste, or any growing material which by reason of its size, manner of growth or location constitutes a potential fire hazard to a building, structure, crop or other property.

.020 Public Burning. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized by the Anaheim Fire Marshal.

.030 Refuse and Waste. The keeping of any refuse or waste on any property for a period in excess of three (3) consecutive days. “Refuse or waste” shall include, but is not limited to, the following:

.0301 Any rubbish, refuse, trash or debris of any kind including without limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels; or

.0302 The accumulation of any garbage or refuse, human or animal excrement or fecal material, uneaten food or food wastes, waste matter or material that emits an offensive odor or encourages the breeding of flies or other insects.

.040 Polluted Water. A swimming pool, spa, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water being or becoming polluted water. “Polluted water” means water in a swimming pool, pond or other body of water containing bacterial growth, algae, remains of insects or deceased animals, rubbish, refuse or waste, debris, papers, or any other foreign matter or material which, because of their quantity or nature, constitute an unhealthy, unsafe or unsightly condition or obscure the bottom of the swimming pool, spa, pond or other body of water.

.050 Improper Storage. The storage or maintenance upon any property of any of the following:

.0501 Motor vehicles, trailers, campers, boats, or other mobile equipment within any front yard area as defined in Title 18 of this Code, excluding driveways.

.0502 Inoperative, abandoned, wrecked or dismantled motor vehicles or parts thereof upon any property for a period in excess of ten (10) consecutive days. “Motor vehicle” as used in this chapter shall be defined as set forth in Section 670 of the California Vehicle Code. An “inoperative motor vehicle”includes, but is not limited to, vehicles which cannot be immediately started and driven due to a lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning systems or parts, a lack of one or more wheels or tires or a complete or nearly complete lack of air in any of the vehicle’s tires. This section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from a street or other public or private property. This section shall also not apply to a motor vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Section.

.0503 Abandoned, broken or discarded furniture, household appliances or equipment visible from a public street or other public or private property for a period in excess of three (3) consecutive days.

.0504 Garbage cans or refuse and recyclable receptacles as described in Section 10.10.030 in front or side yards and visible from a public street, except as permitted by Subsection .020 of Section 10.10.050 of this Code.

.0505 Furniture, other than lawn or patio furniture, on porches, or in required front or side yards for a period in excess of three (3) consecutive days.

.060 Clothes Hanging. To place, maintain, hang, dry or air out clothing, household fabrics or laundry on or from any manmade or natural device, including, but not limited to clotheslines, fences, open windows, balconies, trees or shrubbery, in a front or side yard that is visible from a street or other public property.

.070 Improper Maintenance.

.0701 Maintenance of any property including, but not limited to, building exteriors and structures, in such condition as to become so defective, unsightly, or deteriorated as to cause, in the estimation of the Building Official or the Community Preservation Manager, substantial detriment to neighboring properties and improvements.

.0702 Maintaining property where any building exists in any of the following conditions:

.01 Maintaining property where any building has been boarded up for a period in excess of three (3) consecutive days without a valid demolition or building permit on file with the Anaheim Building Division to abate said boarded up condition.

.02 Maintaining property where any building has been left open and unsecured from trespassers, children or vandals for a period in excess of three consecutive days.

.03 Maintaining property where any building, vacant or occupied, has been left in a state of partial construction and where, for three (3) consecutive days or more, no current (unexpired) building permit was on file with the Anaheim Building Division to complete said construction.

.0703 Maintaining property with any building in a condition of significant deterioration or disrepair, including, but not limited to, buildings with crumbling plaster or stucco, peeling paint/lack of paint, broken or inoperable doors or windows, insufficient weatherproofing, water or other structural damage, or broken, cracked, rotted or buckled exterior walls or roofs.

.0704 Maintaining property with defective or insufficient lighting so as to render it dangerous or detrimental to the public health, safety or welfare for a period in excess of three (3) consecutive days.

.0705 Maintaining property with overgrown vegetation which:

.01 Causes detriment to neighboring properties or obstructs pedestrian and/or vehicular traffic;

.02 Is likely to harbor rats, vermin or other nuisances;

.03 Prevents, impedes or otherwise restricts access to electric, water or gas meters, or to any other public equipment or facilities, by persons representing the City of Anaheim or any other utility requiring or seeking access thereto; or

.04 Causes visual obstruction of any street sign and/or light so as to be detrimental to the public health, safety or welfare.

.0706 Maintaining property with any type of dead vegetation.

.0707 Maintaining property on which there exists an encroachment in required yard areas which is not specifically permitted under this Code.

.0708 Maintaining property with attractive nuisances dangerous to children in the form of:

.01 Abandoned and broken equipment;

.02 Hazardous or unfenced pools, spas, ponds, other bodies of water or excavations; or

.03 Neglected, unsecured or abandoned machinery.

.0709 Maintaining 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 by Civil Code Section 3480.

.0710 Maintaining property where any device, decoration, design, fence, vehicle or structure, by reason of its condition, is unsightly or is deteriorated or maintained in a state of disrepair.

.080 Graffiti. Permitting or allowing any graffiti to remain on any property, including, but not limited to, any building, wall, fence, vehicle or structure for a period in excess of twenty four (24) hours.

.090 Unsafe Buildings and Other Structures. Any building, driveway or structure which has any of the following conditions or defects:

.0901 Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, is not maintained, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit.

.0902 Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this Code for a new building of similar structure, purpose or location.

.0903 Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby possibly injure persons or damage property.

.0904 Whenever any building, portion of a building, or any structural member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Building Standards Codes, as adopted by Title 15 of this Code, without exceeding the working stresses permitted in the Building Standards Codes.

.0905 Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

.0906 Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

.0907 Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

.0908 Whenever the building or structure has been so damaged by fire, wind, earthquake, flood, or other calamity, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for trespassers, homeless persons, vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

.0909 Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of this City as set forth in the Building Standards Codes or California Health and Safety Code, or of any law or ordinance of this State or City relating to the construction, condition, location or structure of buildings.

.0910 Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, or is in a condition that is likely to cause sickness or disease as determined by the Community Preservation Manager or the State or County Health Officer, or is likely to cause injury or be detrimental to the health, safety or general welfare of those living within.

.0911 Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

.0912 Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

.0913 Any building which meets the definition of a substandard building in the California Health and Safety Code.

.0914 Any building that does not conform to fire resistive requirements of the Building Standards Codes or the California Fire Code, as adopted by Title 16 of this Code.

.0915 Any sidewalk/walkway, driveway or parking lot 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 sidewalk/walkway, driveway or parking lot.

.100 Improper Uses. The following uses of property are not permitted:

.1001 The use of private property for the recreational driving of any form of motorized or motor-driven bike, scooter or vehicle as defined by California Vehicle Code Section 670.

.1002 The use of any building or portion thereof for living, sleeping or cooking purposes which were not designed or intended to be used for such occupancies.

.1003 The use of any property or building or portion thereof in any manner not permitted by Title 18 of the Anaheim Municipal Code, as provided by Section 18.90.120 of this Code.

.110 Hazardous Obstructions. An obstacle, landscaping or thing installed, or maintained in the corner setback area reaching a height higher than four feet above the adjoining top of the curb at the applicable corner of the street intersection, or four feet above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles or trees trimmed at the trunk at least eight feet above the level of the ground surface provided said trees are spaced so that trunks do not obstruct the vision of motorists.

.120 Abandoned Well. As defined in subsections .010 and .170 of Section 10.20.020 of Chapter 10.20 of Title 10 of this Code.

.130 Feeding of wild animals or cats.

.1301 It shall be unlawful for any person to feed a feral cat, a stray cat or a cat community on public property, unless the person is a cat caregiver, who first obtains permission from the Community Preservation Manager. It shall also be unlawful for any person to feed a feral cat, a stray cat or a cat community on private property in a manner that creates harmful health or sanitation conditions, destruction of property, attraction of coyotes, rats and/or other vermin, which is otherwise detrimental to the public health, safety or welfare, or which otherwise creates an unreasonable disturbance, such as noise, so as to disrupt the peace and comfort of persons of ordinary sensitivity in surrounding households. For purposes of this section, a “feral cat” is a cat who has either never had contact with humans or whose contact with humans has diminished over time. Feral cats are the offspring of stray or feral cats, are not accustomed to human contact, and are usually too fearful to be handled or adopted. As a result, feral cats survive on their own outdoors. A “stray cat” is a pet who has been lost or abandoned, is used to contact with people, may be reunited with its family, and is tame enough to be adopted. A “cat community” is a group of stray and/or feral cats that live or take refuge together as a group in a specific territory where food and shelter are available. A “cat caregiver” is a person who, in accordance with “Trap–Neuter–Return”, provides care, including, food, water, shelter or medical care to a feral cat, a stray cat or a cat community. “Trap–Neuter–Return” is the method of humanely trapping feral and stray cats, having them spayed or neutered and vaccinated against rabies, and then returning them to their cat community to live out their lives or, in the case of stray cats, to their owners, if possible.

.1302 It shall be unlawful for any person to feed any wild birds on public property in a manner that creates harmful health or sanitation conditions, destruction of property, unsightly or increased slipperiness of sidewalks, animal dependency, attraction of coyotes, squirrels, rats and/or other vermin, which is otherwise detrimental to the public health, safety or welfare or otherwise creates an unreasonable disturbance, such as noise, so as to disrupt the peace and comfort of persons of ordinary sensitivity in surrounding households.

(Ord. 5622 § 2 (part); October 28, 1997: Ord. 5680 § 1; June 8, 1999: Ord. 5739 § 1; October 17, 2000: Ord. 5812 §§ 13 - 20; June 11, 2002: Ord. 6306 § 2; October 7, 2014: Ord. 6325 § 1; May 5, 2015.)