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ORDINANCE NO. 89- 49
(Renumbering of the Residential Property and Litter Nuisances)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I . SUMMARY. This ordinance repeals Division 460 of the
County Ordinance Code which defines and prohibits the maintenance
of specified nuisances on residential property and litter from
take-out food establishments and adopts the same provisions as
Division 470 of the County Ordinance code. This Ordinance does
not make substantive changes in the Residential Property and
Litter Nuisances Division but only renumbers the division to
correct a numerical error.
SECTION II. Division 460 of the County Ordinance Code enacted as
Ordinance 88-89 is repealed.
(Ord. 8 9 4q, S 3. )
SECTION III. Division 460 enacted by Ordinance 88-89 is
renumbered as Division 470 and added the County Ordinance Code to
read:
DIVISION 470
RESIDENTIAL PROPERTY AND LITTER NUISANCES
CHAPTER 470-2
GENERAL
470-2.002 Findings. The Board hereby finds and declares
that it is in the public interest, for the preservation of
property values, promotion of civic pride, and protection of the
public health and safety, to establish minimum standards for the
maintenance of residential and other real property .by prohibiting
specified activities, declaring such activities to be public
nuisances subject to abatement or enforcement by any lawful
means .
(Ord. 89-_49_ S 3. )
470-2.004 Administration. The provisions of this Division
shall be administered and enforced by the county administrator
and any county employee or other county official designated by
the county administrator to perform such duty. In the
enforcement of this division, such employees and other persons
duly authorized by the county administrator may enter upon
private property.
(Ord. 89-.Uq 5 3. )
CHAPTER 470-4
RESIDENTIAL REAL PROPERTY NUISANCES
470-4 . 002 Definitions . . As used in this chapter, the
following terms have the following meanings:
(a) "Residential real property" means a lot located in
any single family, two family, or multiple family residential
district, or in a planned unit district, with a structure
intended primarily for residential use located thereon.
(b) "Unreasonable period of time" means a period of
time unreasonable considering the totality of the circumstances,
but in no event shall a time period shorter than seven (7 ) days
be considered unreasonable.
(Ord. 89-_A9 S 3. )
ORDINANCE 89- ci—
. 470-4 .004 Residential vroverty nuisance. No person owning,
leasing, renting, occupying or having charge or possession of
residential real property shall maintain or allow the maintenance
of such property in such a manner that any of the following
conditions exist thereon visible from a public street:
(a) Attractive nuisances dangerous to children, such
as abandoned, broken or neglected equipment, machinery,
refrigerators or freezers, or unsafe pools, ponds or excavations.
(b) Shopping carts, household equipment or broken or
discarded furniture for an unreasonable period of time.
(c) Garbage or trash cans for more than thirty-six
hours .
(d) Boats, trailers, vehicle parts or other articles
of personal property which are abandoned or left in a state of
partial construction or repair for an unreasonable period of
time.
(e) Construction and wood debris, including cuttings,
for an unreasonable period of time.
4f) Weeds over eighteen inches in height.
(Ord. 89- 9 S 3. )
470-4 .006 Nuisance declaration, abatement. Any residential
real property maintained in a condition violative of Section 470-
4 .004 is declared to be a public nuisance. In addition to any
other remedy provided by law, such condition may be abated
pursuant to Article 14-6.4.
(Ord. 89-49 S 3 . )
CHAPTER 470-6
TARE-OUT FOOD LITTER
470-6 . 002 Findings . The board hereby finds that the
proliferation of trash, litter and sometimes garbage in
neighborhoods located nearby fast food restaurants and other
take-out food establishments is unsightly, unhealthy and has a
negative effect on property values . Therefore, the board
declares that the provisions herein declaring trash, litter and
garbage originating from fast food restaurants and other take-out
establishments to be a public nuisance and requiring abatement of
.such nuisance, to be in the best interest of the public, for the
reasons stated in Section 470-2.002 .
(Ord. 89-99 § 3. )
470 . 6 .004 Definitions . "Take-out establishment" means and
includes any business selling perishable food and/or beverages in
disposable containers or wrapping, for consumption off the
premises of the take-out establishment. A business falling under
the definition of take-out establishment is a take-out
establishment for purposes of this chapter even if the take-out
business amounts to only a small portion of the business ' income
or sales activity. The term "take-out establishment" does not
include food markets or stores selling food and beverage only in
pre-packaged containers or wrapping, or requiring cooking or
other preparation prior to consumption.
(Ord. 89-12_ § 3. )
470-6 . 006 Litter Nuisance. The owner and/or operator of a
fast food restaurant or take-out establishment shall be
responsible for the deposit of litter, trash or garbage
identifiable as originating from such restaurant or
establishment, on public property within 300 feet of any boundary
of the premises on which such restaurant or establishment is
located.
(Ord. 89- X99 5 3. )
ORDINANCE 89- 49
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470-6 .008 Nuisance declaration, abatement. Litter, trash
or garbage identifiable as originating from a fast-food
restaurant or take-out establishment on public property within
300 feet of any boundary of the premises on which such restaurant
or establishment is located is hereby declared to be a public
nuisance. In addition to any other remedy provided by law, such
condition may be abated pursuant to Article 14-6 .4, except that
any lien resulting from an abatement shall attach against the
real property upon which the fast-food restaurant or take-out
establishment is located.
(Ord. 89-_.4q S 3. )
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days of passage shall be
published once with the names of the supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on _ August 1, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
[SEAL]
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ORDINANCE 89- 49