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3-1-200 UNLAWFUL PROPERTY NUISANCE—PRIVATE PROPERTY.

    It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions which are visible from the street are found to exist thereon, except as may be allowed by this Code.

    (a)   Unlawful Outdoor Storage:

    (1)  The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to the health or safety of any person or renders any premises unsightly and detrimental to the general public welfare.

    Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation and/or conditional use permit.

    (2)  The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street.

    (3)  Attractive nuisances visible from a street, dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds and excavations.

    (4)  Materials or other items stacked in a manner as to be visible from the street above any fence. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable zoning designation and/or conditional use permit.

    (5)  The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street or sidewalk.

    (6)  Materials stored or stacked on commercial or industrial property in a disorderly manner in view of the street in Zoning Districts where outdoor storage is permitted.

    (7)  Boats, trailers, recreation vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair for an unreasonable period of time in locations which are visible from the street.

    (8)  Camper shells which are left for an unreasonable period of time in front yards, driveways, side yards, sidewalks or walkways and are visible from the street.

    (9)  Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property for an unreasonable period and visible from the street.

    (10) Clotheslines or clothes hanging in front yards, side yards, porches or balconies and visible from a street.

    (11) The storage of firewood or other flammable materials used for heating purposes in excess of standards relating to the safe storage of combustible materials as determined by the City of San Leandro Fire Department and the Uniform Fire Code.

 

    (b)  Landscaping/Vegetation:

    (1)  Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring property or property values.

    (2)  Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values, growing into the public right-of-way, obstructing the necessary view of drivers on streets or private driveways and visible from the street.

    (3)  Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises.

    (c)   Trash, Litter, Trimmings, Oil and Debris:

    (1)  The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutter, driveways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of the property.

    (2)  Pooled oil, water, or other liquid accumulation, flowing onto the street, or excessive accumulations of grease or oil on paved surfaces.

    (d)  Trash Containers:

    (1)  Trash, garbage or refuse cans, bins, boxes or other such containers stored in view of the street, unless stored in a side yard location flush with or further distant from the street then that portion of the front wall of the residence or main structure nearest to such container, and so long as the lid for such container is closed. However, nothing in this section shall be construed as prohibiting the placement of such receptacles adjacent to the street for pick-up by the City’s franchised waste hauler on normal trash and recycling pick-up days, nor prohibit the outdoor storage of any type of trash receptacle if said receptacle is screened from view from the street or any public right-of-way in a manner approved by the Zoning Enforcement Official or his/her designee.

    (2)  Any property without regular and adequate trash pick-up service.

    (3)  Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris.

    (e)   Buildings and Structures:

    (1)  Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction for an unreasonable period of time, buildings subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is cracking, peeling, chalking or mostly worn off.

    (2)  Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief.

    (3)  Awnings, covers, canopies, umbrellas, screens or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or in some other state of disrepair.

    (f)   Fences and Gates:

    (1)  Fences or other structures on private property abutting, fronting upon, or visible from any street, which is sagging, leaning, fallen, decayed, extending into the public or private right-of-way, or other dilapidated or unsafe condition.

    (g)   Graffiti:

    (1)  Graffiti or other words, lettering or drawings which remain on the exterior of any building or fence for an unreasonable period of time.

    (h)  Parking Limitations:

    (1)  Vehicles, whether motorized or non-motorized, parked upon any lawn or other unpaved surface lying within any front yard or street corner side yard, unless the vehicle is parked on a paved driveway which provides access to a required parking space or parking lot.

    (2)  Vehicles, whether motorized or non-motorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building and/or Zoning Code provisions.

    (3)  Vehicles, whether motorized or non-motorized, parked parallel to any residence unless the vehicle is parked on a legal circular driveway.

    (4)  Industrial and commercial properties that fail to post adequate notice prohibiting unauthorized vehicle parking on all such properties in accordance with the requirements of the San Leandro Police Department.

    (5)  Vehicles which exceed the following dimensions: twenty (20) feet in length or seven (7) feet in width or seven (7) feet in height, or any single vehicle or combination of vehicles having a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more parked upon any paved or unpaved surface lying within any front yard, street corner side yard, or backyard of any residential property which are visible from the street or visible from adjacent private property, upon receipt of consent to inspect from any person owning, leasing, renting, occupying or having charge or possession of such adjacent private property. Recreational vehicles as defined by California Vehicle Code Sections 242, 243, 324, and 362 are exempt from this provision. However, at no time shall more than one such recreational vehicle be stored on any residential property at any time.

    (i)   Residential Vehicle Repair:

    (1)  The performance of major repairs or dismantling of any motorized or non-motorized vehicle, boat, or part thereof, in a location visible from the street. This section shall not be construed as prohibiting the registered owner of a motorized or non-motorized vehicle or boat, or part thereof, from performing minor repair of said vehicle in the driveway or other paved surface of a residence, provided that the vehicle or boat is registered to someone living in the residence.

    Proof of registration of any vehicle or boat on which minor repairs are occurring shall be provided to any San Leandro police Officer or Code Enforcement Officer upon request.

    (j)   Parking Strips:

    (1)  Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, commonly known as a “parking strip.”

    This section is intended to supplement and not conflict with the provisions of Chapter 22, Division 7, Part 3 of the Streets and Highways Code, entitled “Maintenance of Sidewalks,” and Title 5, Chapter 5 of the City of San Leandro Administrative Code, entitled “Community Development Sidewalk Repair Program.”

    (k)  Miscellaneous:

    (1)  Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.