9.52.010 Property nuisances.Email LinkEmail Link
It is a public nuisance for any person owning, leasing, occupying, or having charge of any premises in this city to maintain or permit such property to be maintained in such manner that any of the following conditions which constitute a hazard to public health, safety or welfare and are deemed to be an offense against property are found to exist thereon:

A. Buildings or structures which are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human life, or which, in relation to existing use constitute a hazard to safety or health or public welfare by reasons of inadequate maintenance, dilapidation, obsolescence or abandonment;

B. Subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public or adjacent properties whether caused by grading operations, excavations or fill, or as a result of the topography, geology or configuration of the land in its natural state;

C. Accumulation of debris, litter, dirt, overgrown vegetation, dead trees or plant materials or weeds on a property which are visible from a public right-of-way or constitutes a fire hazard;

D. Buildings, fences, or other structures which are or have been abandoned, boarded up, partially destroyed, in need of repair or maintenance or permitted to remain in a state of partial construction;

E. Unpainted, unstained, partially chipped or peeling exteriors of buildings, fences and structures causing or tending to cause dry rot, warping or termite infestation, or buildings, fences and structures left partially unpainted for unreasonable periods of time;

F. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass;

G. Trees, weeds or other vegetation, which by reason of being overgrown, dead, decayed or diseased or location are:

1. Likely to harbor rats, vermin and other nuisances, or

2. A clear and present risk of physical injury to inhabitants or occupants of the premises or to the public, or

3. By virtue of the excessive amount or exotic character, inconsistent with community standards, an interference with the interest of others in the use, enjoyment or value of their property or the aesthetic character of the community, or

4. Overhanging, blocking or obstructing a sidewalk, street, driveway or alley, including weeds that are growing within the joints of a public sidewalk, adjacent public street(s), private walkways, private driveways or driveway aprons, or in rock gardens or any other area visible from a public right-of-way, or

5. Obstructing the sight distance of drivers of vehicles at street intersections;

H. Landscaping which is negligently maintained or permitted to become overgrown, rank and unsightly, or the growth of weeds, grasses or other plant material within or onto the adjacent public sidewalks;

I. Trailers, including boat trailers and hauling trailers, campers, camper shells, boats, machinery, mobile equipment and vehicles, either operable or inoperable, parked or stored in the front yard (as defined by Section 17.04.600 of the Foster City Municipal Code) unless on a front yard driveway or a city-approved driveway expansion area and in accordance with Chapter 17.64 of Title 17 of this code;

1. Parking, repairing, or storing of vehicles, boats, boat trailers, hauling trailers or other trailer of any type in a front yard (as defined by Section 17.04.600 of the Foster City Municipal Code) off of an approved driveway apron.

J. Storage of boxes, litter, garbage, broken or discarded furniture, household equipment, appliances, vehicle parts, shopping carts, or other refuse in front, rear or side yards, or unscreened on exterior balconies for unreasonable periods of greater than forty-eight (48) consecutive hours or as part of a continuing practice of such storage, except those items awaiting collection by the city’s refuse collection agency;

K. The presence of any building or object, whether natural or manmade, which, whether in its accepted condition or that in which it is allowed to remain which potential hazards exist, such as:

1. Abandoned and broken or neglected equipment, appliances or machinery, or

2. Pools, ponds or excavations inadequately protected;

L. With the exception of days when trash is picked up by the City’s authorized trash removal service or contractor, trash containers, including those used for recycling materials, landscape clippings and waste, and general trash, placed and/or stored in a location and in a manner such that they are in a front yard, including the driveway, or are visible from the lagoon.

M. Neglect of premises:

1. To spite neighbors, or

2. To influence zone changes, or

3. To cause detrimental effect upon nearby property or property values;

N. Maintenance of premises 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;

O. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties, or is materially detrimental to proximal properties and improvements;

P. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property value of such adjacent properties;

Q. Placing trailers of any type, trash, trash containers (including those used for recycling materials, landscape clippings and waste) palettes, building materials or any other materials whatsoever, for more than twenty-four (24) consecutive hours in parking or loading stalls which were originally approved for the purpose of meeting the parking o loading requirements of a building or development;

R. Those portions of lagoon or waterfront properties directly adjacent to or observable from the water or land, maintained in any of the following ways or having any of the following features or characteristics:

1. Grass, hedges, shrubs, vines and plant material or any type which is not kept mowed, trimmed or cut at regular intervals in order to maintain the same in a neat and attractive manner, or which significantly interferes with the view of the water of adjacent properties;

2. Dead or dying plant material which has not been removed and/or replaced;

3. Weeds, vegetation, rubbish, debris, garbage, objects, waste material, or materials of any kind placed or permitted to accumulate which renders the area unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof, or to the occupants of any such property in the vicinity;

4. A continuous row of plant material parallel to the water maintained at a height or in a fencelike shape or manner which significantly interferes with the view of the water from adjacent properties;

5. Unlandscaped areas in front, side or rear yards;

6. Plant materials, including trees, shrubs and groundcovers, growing into the lagoon or causing a safety hazard;

7. Structures, including patio covers, trellises, windscreens, decks, walkways and sheds, which are in need of repair, maintenance or replacement;

8. Docks or bulkheads which are in need of repair, maintenance or replacement;

9. Boats and/or boat parts, sailboards and/or sails, catamarans and/or sails, or other aquatic related recreational equipment stored in a side or rear yard which is not used on a regular and frequent basis or which is in need of repair, maintenance or replacement;

10. Building material of any kind or character placed or stored upon said portion of the lot so as to be open to view to the public or neighbors, unless such material will be used and is used within three months for the construction of buildings or structures upon the lot upon which the material is stored;

11. Clotheslines, bedding or laundry which are unscreened by landscaping and/or an approved trellis or latticework walls.

S. The parking or storage of vehicles, trailers, campers, boats, and other recreational vehicles or other equipment which overhang, block or obstruct a sidewalk, street, driveway or public right-of-way;

T. Unlandscaped areas in front and side yards which are visible from any public right-of-way;

U. Treehouses, platforms or similar structures constructed on or within a tree or shrub which are visible from any public right-of-way;

V. Accumulation of animal excrement or decayed vegetation in any front, rear or side yard, constituting unsightly appearance, dangerous to public health, safety or welfare or which is visible from any public right-of-way;

W. Unauthorized graffiti, logos or any unauthorized drawing or painting on the exterior of any building, fence or structure constituting unsightly appearance;

X. Clotheslines, bedding, or laundry in front yards, waterfront, or other locations on the property which are unscreened by landscaping and/or an approved trellis or latticework walls. (Ord. 512 § 2, Exh. A, 2004: Ord. 474 1, 1999; Ord. 455 § 1, 1998; Ord. 431 § 1, 1996; Ord. 390 § 1 (Exh. A), 1992; Ord. 353 § 1, 1988: Ord. 138 § 1 (part), 1976)

Thank you for submitting your concern. City staff has reached out to the property owner and will be in continuous discussion to get this resolved.

Thank you.

I think the property may be vacant. Has the owner been contacted about the weeds and lack of maintenance?