It is unlawful for any person, corporation or other entity owning, leasing, occupying, directly controlling or having charge of any property in this city to keep, maintain or deposit on said property any public nuisances.

The City Council, by adoption of this ordinance declares, the keeping, maintaining or depositing of any of the following to be a public nuisance:

(a) Rubbish or junk, including but not limited to refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth.
(b) Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Article 7 of Chapter 9 of this Code.
(c) The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, except as expressly hereinafter permitted. Except as expressly permitted by law, it shall be unlawful, and an infraction, for any person to keep, store, or maintain upon any premises under his control any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof. Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such vehicles or parts thereof pursuant to the provisions of this chapter.
(d) The following weeds:

(1) Weeds which bear seeds of a downy or wingy nature.
(2) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a menace to adjacent property.
(3) Weeds which are otherwise noxious or dangerous.
(4) Puncture vines and tumbleweed.
(5) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
(6) Dry grass and grass likely to become dry, stubble, brush, litter or other flammable material which endangers the public safety creating a fire hazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Article 7 of Chapter 9 of this Code.

(e) Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.
(f) Any attractive nuisance.
(g) Except as expressly permitted or required by law, exhibition, storage or repair of merchandise, signs (temporary, portable, or permanent or other forms of advertisement), bicycle racks, vending machines, or other obstructions upon any public sidewalk, median island, street, alley or public easement;
(h) Except as expressly authorized by law, park or store any vehicle upon an unpaved surface. It shall be presumed that the owner of the property and/or the person or entity occupying the property authorized the parking of the vehicle. It shall also be presumed that the registered owner of the vehicle parked the vehicle on the unpaved surface. The property owner, occupant and registered owner of the vehicle may all be held responsible for a violation of this subsection.
(i) Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffic or otherwise a blight to the neighborhood.
(j) Violation of zoning ordinance.
(k) Any pay telephone installed and maintained outside of a building (building does not include a phone booth) constitutes a public nuisance if: (1) It is repeatedly tagged with graffiti and not cleaned within 48 hours of notice to the owner of the pay telephone; or,

(2) It is neglected or damaged to such an extent as to present a visual blight: or,
(3) It is habitually used by known gang members as designated by the Fresno Police Department's MAGEC Unit and in the reasonable opinion of the MAGEC Unit is used in or facilitates gang activity; or,
(4) The pay telephone has been abandoned or has otherwise remained inoperative for a period of thirty (30) days as of the effective date of this article; or
(5) The Director determines the pay telephone otherwise constitutes a public nuisance consistent with California Civil Code Sections 3479 and 3480.

The city shall not remove or cause to be removed a pay telephone when that telephone constitutes a public nuisance under this article, unless the Director has issued a notice and order (pursuant to Section 9-805.2) ordering the telephone owner to do, within at least thirty (30) days, one or more of the following to eliminate the public nuisance or otherwise voluntarily remove the pay telephone:

(1) Block incoming calls:
(2) Remove the ringer on the phone;
(3) Shut off the key pad after the initial number is dialed to eliminate "beeper" use;
(4) Make the telephone inoperative for designated time periods;
(5) Add lighting;
(6) Change the type of enclosure of the telephone;
(7) Limit calls to emergency 911 calls;
(8) Contract with a service that provides weekly maintenance of the pay telephone;
(9) Any other means the Director determines appropriate for the elimination of the nuisance.

This provision does not preclude City from taking any other legal action including instituting legal action or issuing administrative citations to abate the nuisance.

(l) Any violation of the Fresno Municipal Code wherein said violation has been declared a public nuisance.

(m) Blighted building. (Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 99-8, § 1, eff. 3-19-99; Am. Ord. 2001-12, § 1, eff. 3-18-01; Am. Ord. 2001-40, § 2, 5-28-01)