For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings:
"Junk"
means any combustible or noncombustible non-putrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.
"Lot"
means a lot or parcel two acres or less in size.
Lot Line, Front. "Front lot line"
means the line separating the front of the lot from the street. If a lot is bounded by more than one street, then the front lot line is the line most nearly facing the front of the main building on the lot; provided, that, if there is no building on the lot, the front lot line may be designated by the owner of the lot.
Lot Line, Rear. "Rear lot line"
means the lot boundary line or lines most distant from and generally opposite the front lot line.
Lot Line, Side. "Side lot line"
means any lot boundary line that is not a front or a rear lot line.
"Lot used for residential purposes"
means a lot on which one or more dwellings are located.
Yard, Front. "Front yard"
means a yard extending across the full width of a lot and extending from the front lot line to the front foundation line, and its prolongations, of the main building, as shown in Figure 1.[1] If the lot is vacant, the front yard depth shall be fifty feet.
(Prior code § 68.701)
[1]
Editor's Note: See prior code §68.701, on file in the office of the city clerk.
The accumulation of junk contrary to this chapter is declared to be a public nuisance. Upon direction of the city council the city attorney shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction.
(Prior code § 68.713)
No person shall accumulate junk:
A. 
On any lot that is not in his ownership or possession, unless he has permission from the owner of such lot to do so in a manner otherwise consistent with law;
B. 
On any lot used for residential purposes, unless done in strict compliance with Section 8.12.030.
C. 
On any parcel of land adjacent to a lot used for residential purposes, except:
1. 
As part of an incident to a lawfully established and conducted commercial or industrial enterprise; or
2. 
When done in strict compliance with Section 8.12.040.
D. 
On any property in the city.
(Prior code § 68.702; Ord. 190, 1991; Ord. 337 § 1, 2004)
A. 
No person shall accumulate junk, or permit junk to be accumulated, on any property in the city:
1. 
Within four feet of any building or structure; except, that junk may be accumulated within two feet of a fence or wall which is constructed of a nonflammable material is not used for structural support of a building;
2. 
Within fifteen feet of any rear lot line;
3. 
Within ten feet of any side lot line; or
4. 
In the front yard.
B. 
No person shall accumulate junk, or permit junk to be accumulated on any property in the city except in accordance with all of the following regulations:
1. 
The accumulation shall be stored either in sturdy, vermin-proof, closed containers, or on platforms elevated not less than eighteen inches above the ground;
2. 
The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests;
3. 
The accumulation shall not be strewn about or maintained in an unsightly condition;
4. 
The accumulation shall be maintained so as not to constitute a fire hazard;
5. 
The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare.
(Ord. 190, 1991)
This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard, motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by the zoning ordinance and/or this code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard, or salvage yard.
(Prior code § 68.704)
This chapter does not prohibit the accumulation of used lumber, lumber scraps and/or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall neatly stacked and shall be maintained in accordance with the provisions of subdivisions 1 and 4 of subsection A and of subdivisions 2, 3 and 4 of subsection B of Section 8.12.040; and, provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width.
(Prior code § 68.706)
The city manager or his or her designee shall enforce this chapter.
(Ord. 337 § 2, 2004)
The city manager shall determine whether or not a person is accumulating junk in such a manner as to constitute a violation of this chapter. In making such determination, the city manager may consider the nature, size and extent of the accumulation; the length of time the accumulation has been permitted to remain; whether, and to what extent, the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship.
(Ord. 337 § 2, 2004)
If the city manager determines that an accumulation of junk exists in violation of this chapter, he shall give a written notice and order to the owner or to the occupant of the premises or, if such person cannot be located on the premises, to any person over the age of eighteen years who is apparently in possession of the premises, or, if there is no such person, then by mailing said written notice and order postage prepaid, return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the county assessor. Such written notice and order shall be substantially in the following form:
"You are hereby informed that the City Manager of the City of Lemon Grove has determined that there is an unlawful accumulation of junk, contrary to Section 8.12.030 of the Lemon Grove Municipal Code, on the following premises:
(street address or other designation of premises)
You are hereby ordered to remove said accumulation of junk from said premises within ten days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring said accumulation of junk into conformity with the requirements of said Section 8.12.030 of the Lemon Grove Municipal Code. You are hereby advised of your rights to appeal from this Notice and Order pursuant to Section 8.12.100 of the Lemon Grove Municipal Code. Failure to comply with this Notice and Order constitutes a violation of Section 8.12.120 of said Lemon Grove Municipal Code."
(Ord. 337 § 2, 2004)
A. 
Within a period of three days, exclusive of Saturdays, Sundays and holidays, following the service of written notice and order by the city manager pursuant to Section 8.12.090, the person ordered to remove the accumulation of junk may file with the city clerk a written appeal from said notice and order. Such appeal shall contain the appellant's name, mailing address and a general statement of exceptions taken by the appellant to the notice and order.
B. 
Upon receipt of an appeal, the city clerk shall immediately notify the city manager and shall set such appeal for hearing at the next regular meeting of the city council at which, in the opinion of the clerk, there will be sufficient time available to conduct such hearing. Said clerk shall forthwith give a written notice of the time, date and place of hearing to the city manager and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal.
C. 
At the time, date and place indicated, the city manager shall produce evidence of the existence of the unlawful accumulation of junk that is the subject of the notice and order. The appellant may likewise produce relevant evidence.
D. 
The city council shall consider all relevant evidence produced at said hearing and, if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare the same to be a public nuisance.
E. 
The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists, the city council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the city manager.
F. 
If the city council does not find that a public nuisance exists, it shall vacate the order of the city manager, in which event the city council need not make findings. In the event the city council determines that a public nuisance exists and orders the abatement thereof, the city manager shall serve the order of abatement in the manner described in Section 8.12.090, shall enforce the order, may supervise the abatement of the nuisance if he deems it necessary to do so, and may take such further orders in furtherance of said order of abatement as he deems necessary under the circumstances.
(Ord. 337 § 2, 2004)
A. 
It is unlawful to place, deposit, dump or cause to be placed, deposited or dumped any solid waste, recyclables, yard waste or other refuse or debris of any kind or character whatsoever (collectively referred to as "waste matter"), in the following places:
1. 
Upon any public or private highway or road, including any portion of the right-of-way;
2. 
Upon any private property into or upon which the public is admitted by easement or license;
3. 
Upon any private property without the consent of the owner; or
4. 
Upon any public park or other public property without the consent of the state or local agency having jurisdiction over the property.
B. 
It is unlawful for such person to deposit or place such materials in any waste container owned or used by the owner of such property unless such person first obtains the permission of the owner to do so. It is further unlawful for such persons to co-mingle their solid waste materials with that of another thereby avoiding payment for solid waste and recycling services.
C. 
Each day that waste matter placed, deposited, or dumped in violation of this section remains shall be a separate violation. A person convicted under this section, as a condition of probation, may be required to remove or pay the cost of removing all waste and refuse which the convicted person placed, deposited or dumped or caused to be placed, deposited or dumped upon private or public property.
(Ord. 348 § 1, 2005)