HomeMy WebLinkAboutORD-16-97 Repeal & Replace Ch 8.04 Nuisance AbatementORDINANCE NO. 16-
97 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING CHAPTERS 8.
04 AND 8.05 OF THE ORANGE MUNICIPAL CODE
AND REPLACING THEM WITH A :\fEW CHAPTER 8.
04 RELATING TO THE CITY'S
NUISANCE ABATEMENT
LAW.WHEREAS, the City of Orange currently regulates nuisances through
eXlstmg Chapter 8.04 and Chapter 8.05 of the Orange Municipal Code which establish
criminal penalties and other hearing procedures for nuisances, including substandard
property maintenance;
and WHEREAS, state law authorizes cities to determine what constitutes a nuisance
and to establish summary procedures for the abatement of nuisances which allows for the cost
of the abatement a special assessment against the parcel which may either be collected with
the general taxes or recorded as a lien against the property;
and WHEREAS, the City Council of the City of Orange does hereby desire to
implement a legislative scheme for addressing nuisances including administrative hearing and
abatement procedures, as well as criminal
penalties.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE HEREBY ORDAINS AS
FOLLOWS:SECTION
I:That Chapters 8.04 and 8.05 of the Orange Municipal Code are hereby repealed
in their
SECTION II:
A new Chapter 8.04 is hereby added to the Orange Municipal Code to read as follows:
Chapter 8.04
NUISANCE ABATEMENT
Sections.;'
8.04.010 Purpose.
8.04.020 Declaration of Nuisance.
8.04.030 Property Nuisances--
Unlawful.8.04.040 Abandoned
Defined.8.04.050 Property Owner
Defined.8.04.060 Initiation of
Proceedings.8.04.070 Notice of
Hearing.8.04.080 Form of
Notice.8.04.090
Hearing.8.04.100
Appeal.8.04.110 Abatement of Nuisance by
City.8.04.120 Cost Accounting:
Notification.8.04.130 Assessment
Lien.8.04.140 Alternative Actions
Available.8.04.150 Owner's
Responsibility.8.04.160 Abandoned and Stored
Vehicles.8.04. I 70
Violations.8.04.010 Purpose. A. In order to further the stated goals of the City of Orange and
to protect its citizens and their property from conditions which are offensive or annoying to
the senses, detrimental to property values and community appearance, or injurious to the
health,safety or welfare of the general public in such ways as to be a nuisance, the City Council
has determined that an ordinance is necessary to effectively abate or prevent the development
of such conditions in this
community.B. State law specifically authorizes the City to determine what constitutes a
nuisance.It is the intention of the City Council, in adopting this ordinance, to set forth guidelines
for detemlining what conditions constitute a nuisance; to establish a method for giving notice
of the conditions and a reasonable opportunity to correct them; and finally, in the event
the nuisance is not corrected, to provide a procedure f,Jr a hearing and determination of the
facts and manner in which the conditions shall be corrected or
removed.Ord.No. 16-97 2
C. It is the purpose of the provisions of this Chapter to provide a just, equitable and
practical method to abate and correct nuisances. This Chapter shall be cumulative with and
in add.ition to any other remedy available at law. Nuisances consist of lands, buildings,
structures, and fences which are maintained or erected in violation of state or other local
laws, or are otherwise dilapidated, unsafe, unsanitary, cluttered with weeds, overgrown
vegetation, debris, or abandoned machinery or equipment, and constitute a detriment to the
health, safety and the general welfare of the people of this City.
D. In addition to the abatement procedures provided herein, this Chapter declares
certain conditions to be public nuisances and provides that such conditions are unlawful and
that violations are punishable pursuant to Chapter 1.08 of the Orange Municipal Code.
iJJI4.020 Declaration of Nuisance. A. Each of the following conditions is declared to
constiwte a public nuisance, and whenever the hearing officer or Building Board of Appeals
detemlines that any of such conditions exist upon any premises they may require or provide
for the abatement thereof pursuant to this Chapter and make the costs of abatement a lien
upon the property:
I. Any public nuisance known in law or in equity.
2. Buildings which are abandoned, partially destroyed, or unsafe as defined in the
Orange Municipal Code, or left in an unreasonable state of partial construction. An
unreasonable state of partial construction is defincd as any partially constructed building or
structure which has not requested or had conducted an inspection under a valid building
permit within the prior six months, and where their appearance or value and other conditions
substantially detract from the appearance of the surrounding property.
3. Buildings which are unpainted or which the condition of the paint has become
so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot,
warping or termite infestation so as to render the buildings unsightly and in a state of
disrepair.
4. Buildings, structures or fences erected and/or maintained in violation of the
Orange Municipal Code, including Title 17 and Title 15.
5. Broken windows constituting hazardous conditions and inviting trespassers and
malicious mischief.
6. Building exteriors, walls, fences, driveways, sidewalks, walkways, and other
propel1y which are maintained in such condition as to become defective, unsightly, or in such
condition of deterioration or disrepair that they are significantly detrimental to or have
caused depreciation of the values or surrounding property.
DAD:ajj 3 Ord.No. 16-
7. Lumber, dirt, junk, trash, salvage materials, rubble, broken asphalt, concrete,
water containers, scrap metal or other debris stored on a property such that they are visible at
ground level from a public street, alley or adjoining property.
8. Attractive nuisances dangerous to children, including abandoned, broken, or
neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned
wells, shafts or basements; abandoned refrigerators or motor vehicles; any structurally
unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris,
or vegetation which may constitute a hazard for children.
9. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or
other household appliances or fixtures or equipment stored so as to be visible at ground level
from a public street or alley or from adjoining property.
10. Construction equipment, supplies, materials, or machinery of any type or
description parked or stored in any zone other than the "Manufacturing, Industrial, and
Commercial" Districts, except while excavation, construction or demolition operations
covered by an active building permit are in progress on the subject property or an adjoining
property.
11. Lack of maintenance of signs relating to uses no longer conducted or products
no longer sold on the property.
12. Vehicles parked in the required front setbacks in a residential zone except when
such vehicles are operative, have current licensing and are parked on a paved drive approach
to a required garage or carport.
13. Maintenance of property 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 as
defined in California Civil Code Section 3480, including, but not limited to, anything
dangeIOus to human life or detrimental to human health, or any habitation that is
overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing
facilities, or that constitutes a fire hazard.
14. Dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation,
cultivated or uncultivated, which are likely to harbor rats or vermin, or constitute an
unsightly appearance, or be a fire hazard or is detrimental to neighboring properties or
prope11y values.
15. Clotheslines in front yard areas and in side yard areas of comer lots unless
screened from view by a solid fence.
16. Any property with oil or other hazardous material flowing onto public rights-
of-way, or significant accumulations of grease, oil or other hazardous
material.Ord.No. 16-97 4
17. Any landscaped setback areas which lack appropriate turf or plant material so
as to cause excessive dust, allow the accumulation of debris, or to cause significant
depreciated values of adjacent or neighborhood properties.
18. Any condition of vegetation overgrowth which encroaches into, over or upon
any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so
as to constitute either a danger to the public safety or property or an impediment to
persons using such
public ways.19. The outside storage of camper shells in any required front yard other than
on an operable and licensed pick-up truck parked in
a lawful manner.20. The outside storage of boats, catamarans, dinghys, vessels,
or other watercraft in any required front in other than a parking space which conforms to City
requirements or in a side or rear yard not screened from view by a six foot high solid fence on
a validly licensed trailer parked in
a lawful manner.21. A swimming pool, pond or other body of water which is
unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted
water means water which contains bacterial growth, algae, remains of insects, remains of
deceased animal life,rubbish, refuse, dirt, debris, papers, chemicals or other matter or material
which, because of the magnitude, nature or location, constitutes an unhealthy
or unsafe condition.22. Camper shells, boats, watercraft or trailers, abandoned
or inoperable vehicles stored in a side or rear yard not screened from view by a six foot
high solid fence.04.030 Property Nuisances--Unlawful. It shall be unlawful
for any person owning,leasing, occupying or having charge or possession of any property in
the City to maintain such property in such manner that any of the conditions set forth in Section
8.04.020 shall exist. The procedures for abatement set forth in this Chapter shall not
be exclusive means by which such conditions may be abated and shall not in any manner limit
or restrict the City from enforcing other City ordinances or provisions of the Orange
Municipal Code or from abating public nuisances in any other
manner provided by law.8'<14.040 Abandoned Defined. For purposes of this
Chapter the term "abandoned"shall, in addition to such other definitions that may be provided by law,
mean and refer to any item which has ceased to be used for its designed and
intended purpose. The following factors, among others, will be considered in determining whether or not
an
item has been abandoned.A. Present
operability and functional utility;B. The date
of last effective use;DAD:ajj
C. The condition of disrepair or damage;
D. The last time an effort was made to repair or rehabilitate the item;
E. The status of registration or licensing of the item;
F. The age of the item and degree of obsolescence;
G. The cost or rehabilitation or repair of the item versus its market value;
H. The nature of the area and location of the item.
8.04.050 Property Owner Defined. The terms "owner" and "property owner", as used
in this Chapter, and unless otherwise required by the context, shall be deemed to include any
person owning, leasing, occupying, or having charge or possession of any property in the
City.
8.04.060 Initiation of Proceedings. Upon determination by the Chief Building Official
that any premises within the City are maintained in such a manner as to constitute a public
nuisance, a hearing shall be conducted to ascertain whether the same constitutes a public
nuisance. The notice of hearing shall be served as provided in this Chapter and shall describe
the premises involved by street address, legal description of assessor's parcel number, shall
give a brief description of the conditions constituting the nuisance, and a brief statement of
the proposed methods of abatement. The City Manager shall appoint a hearing officer who
may be an uninvolved Department Head or other person who is deemed qualified. The
notice shall advise the owner what corrections need to be made to avoid a public hearing,
may suggest methods for correction, and shall provide a reasonable period to make those
corrections.
8.04.070 Notice of Hearing. The City Clerk shall cause the notice of the hearing to be
mailed to the owner of the affected premises by providing a certified copy of the notice of the
time, date and place of the hearing and of the appointment of the hearing officer. Such
service shall be made by registered or certified mail, addressed to the owner at the owner's
last known address as shown on City records or the last equalized tax roll, which ever
appears to be the more reliable address. The City Clerk shall, when possible, cause the
propeI1y to be conspicuously posted with the notice, and such posting shall constitute
adequate service in the event that mailed notice is not delivered for any reason. The notice
shall be mailed or posted so as to give at least ten days notice of the hearing. Failure to post
the notice shall not be deemed to constitute defective notice under this Chapter.
8..1)4.080 Form of Notice. The notice given shall be provided in substantially the
following format:
Ord.No. 16-97 6 DAD:
NOTICE OF HEARING ON ABATEMENT OF NUISANCE
A hearing will be held on
Room , at City Hall,
at (time) in Conference
300 East Chapman A venue, Orange, before the
acting as hearing officer, to determine if the premises
constitutes a public nuisance.
at
The conditions constituting the public nuisance include the following:
A hearing may be avoided if the following corrections are made and proof of such
corrections is provided to the satisfaction of the Chief Building Official at least two days
before the date set for the hearing:
If it is determined that the property constitutes a public nuisance, the following abatement
action may be taken by the City if the owner has not taken corrective action:
If abatement action is taken by the City the costs of the abatement may be assessed against
the property and a lien will attach until paid. All persons having an interest in this matter
may attend the hearing and give testimony and evidence which will be given due
consideration. "
8.04.090 Hearing. At the time stated in the notice, the hearing officer shall hear and
consider all relevant evidence relating to the condition of the property. Formal rules of
evidence shall not apply. All meetings shall be taped. The hearing may be continued from
time to time. Within five working days of the conclusion of the hearing, the hearing officer
shall determine whether the premises constitutes a public nuisance. If the hearing officer
determines that a public nuisance exists, the hearing officer shall declare such premises to be
a public nuisance and order the abatement of the same by the property owner within a
specified time. Such declaration shall contain a detailed list of needed corrections or
abatement methods. A copy of the declaration shall be mailed to the owner in the same
manner as the notice of hearing
8.04.100 Appeal. Any person entitled to notice of the hearing who has participated in
that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal
DAD:ajj 7 Ord.No. 16-
those determinations to the Building Board of Appeals by filing an appeal with the City
Clerk within ten days of the date of being first apprised of those determinations and by
paying the appeal fee set forth by resolution of the City CounciL The Building Board of
Appeals shall set a hearing date within a reasonable time following the filing of the appeaL
The appeal shall specify:
A. A description of the property;
B. The abatement proceedings appealed;
C. The owner's legal or equitable interest in the property;
D. A statement specifying that portion of the proceedings that are being appealed and
the reasons therefore; and
E. A verification of the truth of all matters asserted.
The Building Board of Appeals may limit the issues on appeal, shall consider the
administrative record, and may allow additional evidence to be produced. The hearing
officer shall furnish the administrative record. Notice shall be provided to the appellant
utilizing substantially the same procedure as required for the hearing before the hearing
officer. In said notice the appellant will be apprised of the scope of the appeaL The decision
of the Building Board of Appeals shall be the final and binding action and the property owner
shall be so notified of its determinations.
8.04.] 10 Abatement of Nuisance by City. If the nuisance is not completely abated by
the date specified in the hearing officer's declaration, or in the Building Board of Appeals'
detemlination, as appropriate, the Chief Building Official may immediately cause the same to
be abated by City personnel or under private contract in accordance with the law. The
hearing officer or the Building Board of Appeals are also authorized to grant reasonable
extensions on the time period for abatement based on a proper showing by the property
owner of extenuating circumstances made before the date of City abatement The owner of
the premises shall be liable to the City for all costs of such abatement, including
administrative costs.
8.04.120 Cost Accounting: Notification. City personnel, or any private contractor
authorized to abate the nuisance, shall keep an account of the cost, including incidental
expenses, of abating the nuisances on each separate lot or parcel of land where the work is
done and shall render an itemized report in writing to the Chief Building Official by showing
the cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or
structure, including any salvage value relating thereto. The term "incidental expenses" shall
include, but not be limited to, the actual expenses and costs of the City in the preparation of
notices, specifications and contracts, and in inspecting the work and the costs of printing and
mailing required hereunder. To be entitled to assess administrative costs, the procedures set
forth in Government Code Section 38773.1 shall be followed. The City may also elect to
pursue its attorneys fees in nuisance abatement actions pursuant to the procedures set forth in
Government Code Section 38773.5 which allows such an award to the prevailing party.
Ord.No. 16-97 8 DAD:
8.04.130 Cost Recovery. Liens and Special Assessments. The cost of abatement may
be made a lien against the property as set forth in Government Code Section 38773.1 or its
successor. As an alternative, such costs may institute a special assessment as set forth in
Government Code Section 38773.5 or its successor.
8.04.140 Alternative Actions Available. Nothing in this Chapter shall be deemed to
prevent the City from commencing a civil or criminal proceeding to abate a public nuisance
or from pursuing any other means available to it under provisions of applicable ordinances or
state law to correct hazards or deficiencies in real property in addition to or as alternatives to
the proceedings herein set forth.
8.04.150 Owner's Responsibility. The owner of any premises within the City has the
primary responsibility of keeping his premises free of public nuisances. Tenants and
occupants of the premises, for the purposes of this Chapter, shall be deemed to be the agents
of the owner.
8.04.160 Abandoned and Stored Vehicles. The following procedures are adopted from
California Vehicle Code Section 22660 et seq. and are established as the procedures for the
abatement and removal as public nuisances of abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof from plivate or public property, not including highways,
and for the recovery of costs of such abatement and removaL The following procedures are
to be used compatibly and in conjunction with the foregoing sections of this Chapter, but
shall take precedence wherever a conflict occurs.
A. In addition to any other notice provided in this Chapter, at least ten days notice shall
be sent to the last registered and legal owner of record, by registered or certified mail, unless
the vehicle is in such condition that ownership cannot be ascertained.
B. The notice of determination and declaration set forth in Sections 8.04.070 and
8.04.080 shall include a description of the vehicle, identification number and license number
of the vehicle if available. The notice of detennination and ruling shall be served on both the
owner of the premises and the registered and legal owners of the vehicle, if known.
C. The owner of the land on which the vehicle is located may appear in person at the
hearing or present a written statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land along with his reasons for such
denial. If it is determined at the hearing that the vehicle was placed on the land without the
consent of the land owner and that he has not subsequently acquiesced in its presence, then
the City shall not assess costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such costs from the owner.
Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile
dismantler's yard or any suitable site operated by the City for processing scrap or by any
other final disposition consistent with these provisions.
DAD:ajj Ord.No. 16-
Any person authorized by the City to administer this Chapter may enter upon private
property for the purposes specified in this Chapter to examine vehicles or parts thereof,
obtain information as to the identity of the vehicle and to remove or cause the removal of any
vehicle or part thereof declared to be a nuisance pursuant to this Chapter. Warrants shall be
obtained when required by law.
A certified copy of the order of disposition of the vehicle or parts thereof shall be given to
and retained by any person or commercial organization making a final disposition of the
vehicle or parts thereof and said order shall be retained by them in their business records.
D. This Chapter shall not apply to a vehicle or other personal property mentioned
herein which is completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property, or a vehicle or other personal
property which is stored or parked in a lawful manner on private property in connection with
the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided,
however, that this exception shall not authorize the maintenance of a public or private
nuisance as defined under the provisions of this Chapter or any other law.
E. Within five days after removal of any motor vehicle under this Chapter, notice shall
be given to the Department of Motor Vehicles of the date of removal, disposition thereof and
identity of the vehicle or parts. In addition, all evidence of registration available including
registration certificate, license plates and certificates of title shall be forwarded to the
Department of Motor Vehicles as soon as possible.
8.(]i4.170 Violations. The owner or other person having charge or control of any
buildings or property who maintains any public nuisance defined in this Chapter is guilty of a
misdemeanor and every day of the violation shall constitute a separate and distinct offense.
Any unauthorized person who removes any notice or order posted as required by this Chapter
is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any
representative of the City or other authorized person who has been ordered to abate or
otherwise remedy the nuisance.
SECTION III:
Severability. If any section, subdivision, paragraph, sentence, clause or phrase of this
Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this Chapter. The City Council hereby declares that
it would have passed this Chapter, and each section, subdivision, paragraph, sentence, clause
and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision,
paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Ord.No. 16-97 10 DAD:
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange. The
City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopte:d Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 13th day of January, 1998.
ATU:ST:
U
ne Coontz, Mayor cf
Cassandra Cathcart, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California,
do hereby certify that the foregoing Ordinance was introduced at the regular meeting of
the City Council held on the 9th day of December, 1997, and thereafter at the regular
meeting of said City Council duly held on the 13th day of January, 1998, was duly
passed and adopted by the following vote, to wit:
A YES: COUNCIL MEMBERS: Slater, Murphy, Coontz, Spurgeon, Alvarez
NOES: COUNCIL MEMBERS: none
ABSENT: COUNCIL MEMBERS: none
ABSTAIN: COUNCIL MEMBERS: none
w~--(~ C-?A/("-47 Cassandra
Cathcart, City Clerk DAD:
ajj 11 Ord.No. 16-97