Chapter 6.64 RURAL AND URBAN RESIDENTIAL, AND NONRESIDENTIAL PROPERTY NUISANCES
Section 6.64.030 Unlawful urban residential property nuisance.
It shall be unlawful for any person owning, leasing, renting,
occupying or having charge or
possession of any urban residential property in the county to maintain the property or to allow
the property to be maintained in a manner such that any of the following conditions are found to
exist thereon and be visible from a public street or approved private street for an unreasonable
period of time as determined by the enforcement officer, except as otherwise stated herein or as
may be allowed by any other provision of law or when existing in conjunction with a lawfully
existing home occupation use. The prohibited conditions are:
A. Unlawful Outdoor Storage.
1. The accumulation of abandoned,
discarded or dilapidated objects, including but not
limited to broken or neglected equipment, machine parts, scrap material, appliances, furniture,
household equipment and furnishings, shopping carts, containers, packing materials, salvage
materials, firewood, plant cuttings, litter, rubbish and debris, or similar materials that constitute
a
threat to the health or safety of any person or contribute to conditions that cause blight and
property degradation. This prohibition includes the accumulation of litter, rubbish and debris in
any yard that extends above lawful fencing and is unscreened from view of an adjoining
property. Upon written notice that sets forth prohibited conditions on vacant lots, the
enforcement officer may order the property to be enclosed by chain link or equal fencing;
2. The accumulation of dirt, sand,
gravel, concrete, or other similar material not incorporated
into landscaped areas on the property;
3. Attractive nuisances generally
considered dangerous to children including abandoned,
broken or neglected vehicles, equipment, machinery, refrigerators and freezers, hazardous pools,
ponds and excavations;
4. Boats, trailers, camper shells,
recreational vehicles, vehicle parts or other articles of
personal property that are left in a state of partial construction or disrepair;
B. Landscaping and Vegetation.
1. Dead or hazardous trees, other
vegetation that is unsightly or dangerous to public health,
safety and welfare, or contributes to blight and property degradation;
2. Overgrown vegetation likely to:
harbor rats, vermin and other nuisances dangerous to
public health; cause a detriment to neighboring property; contribute to conditions that cause
blight and property degradation, or grow into the public right-of-way such that it obstructs the
view of drivers on public streets or private driveways, or substantially obstructs the use of a
public sidewalk area;
3. Lawn areas that are dead and/or
exceed a height of twelve (12) inches from grade; or lack
plant material necessary to prevent erosion or prevent an unsightly landscape appearance that
contributes to conditions that cause blight and property degradation;
C. Trash and Recycling Containers.
1. Trash, garbage, recycling or green-waste
cans, bins, boxes or other such containers stored
for more than forty-eight (48) hours including trash and recycling pick-up day for such property
in any front or street side yard, public street, private driveway and public sidewalk area unless
otherwise authorized by the enforcement officer;
2. Permanent dumpsters, debris boxes
and other such trash containers that are unscreened
from view from the street;
3. Trash or garbage containers, permanent
dumpsters, debris boxes and other such trash
containers without covers that fit securely; this provision shall not apply to debris boxes or
recycling containers;
D. Buildings and Structures.
1. Buildings that are dilapidated,
abandoned, boarded up, partially destroyed, have broken
windows or broken windows secured with wood or other materials, or that are left in a state of
partial construction or demolition, or disrepair;
2. Buildings that are unpainted (except
color coated or natural finish coated), or where the
paint on the building exterior is mostly worn off, cracked or peeling; or where roofing or other
exterior materials or components are deteriorated, mostly infected with dry rot, or warped so as
to constitute an unsightly appearance; or contribute to blight and property degradation;
F. Fences and Gates.
1. Fences, gates and similar structures
that are sagging, leaning, missing boards, fallen or
otherwise in an unsafe condition, or constitute an unsightly appearance, or are left in a state of
partial construction or disrepair;
G. Graffiti.
1. Graffiti including but not limited
to words, symbols or drawings on the exterior of any
building, fence, wall, pole or other structure;
H. Parking Limitations.
1. Wrecked vehicles, recreational
vehicles, travel trailers, utility trailers, unmounted camper
tops, or boats with significantly cracked or dust-covered wind shields, mostly peeling or faded
paint, flat tires, or major body damage stored in violation of Alameda County General Code
Sections 17.52.330 (Yard regulations) and where applicable, 17.30.150 (RV combining district -
Regulations);
2. Recreational vehicles, travel trailers,
utility trailers, unmounted camper tops and boats
stored in violation of Alameda County General Code Sections 17.52.330 (Yard regulations) and
where applicable, 17.30.150 (RV combining district - Regulations);
3. Vehicles parked or stored on other
than a driveway or parking area constructed with an
all-weather concrete, brick or similar material and extending at least twenty (20) feet from road
right-of-way;
4. Except as allowed under Alameda
County General Code Sections 17.52.310 (Accessory
building - In front yard) and excluding any standard walkway or driveway, parking or storage of
vehicles in the front yard or street side yard exceeding more than fifty (50) percent of the width
of the lot;
I. Vehicle Repair.
1. The performance of major mechanical
or body repairs, or dismantling of any motorized or
nonmotorized vehicle, unmounted camper top, boat or part thereof, in a location visible from the
street. This section shall not prohibit the registered owner of a vehicle or boat, or part thereof,
from performing minor repair on said vehicle in the driveway or other paved surface of a
residence, provided that the vehicle or boat is registered to someone living at the residence and
that any such minor repair is completed within seventy-two (72) hours;
J. Sidewalks, Parking Strips and Gutters.
1. Allowing the accumulation of any
material, the placement of any object, or any overgrown
vegetation that obstructs the view of drivers on public streets or private driveways, or
substantially obstructs the use of a public sidewalk area;
2. Allowing overgrown vegetation or
the accumulation of abandoned, discarded or
dilapidated objects, including but not limited to broken or neglected equipment, machine parts,
scrap material, appliances, furniture, household equipment and furnishings, shopping carts,
containers, vehicle parts, packing materials, salvage materials, firewood, plant cuttings, litter,
rubbish and debris or similar materials in that area between the sidewalk and the curb commonly
known as a parking strip;
3. Allowing the accumulation of leaves,
litter, debris or weeds in the gutter in front or street
side of any property;
K. Garage Sales.
1. Garage sales in excess of two per
property in any calendar year, and any garage sale
lasting longer than two consecutive days unless otherwise authorized by the enforcement officer;
L. Miscellaneous.
1. Any other condition or use of a
property that gives rise to a reasonable determination by
the enforcement officer that such condition or use represents a threat to the health and welfare of
the public by virtue of its unsafe, dangerous or hazardous nature; or that is out of harmony with
the standards of properties in the vicinity so as to cause a diminution of the enjoyment and use of
the property; or contributes to blight or property degradation. (Ord. 99-49 § 1 (part): Ord..
93-86
§ 1 (part): prior gen. code § 3-302.0)