ORD-46-85 TO ENCOURAGE RESIDENTIAL PROPERTY MAINTENANCEORDINANCE NO. 46-85
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 8 OF THE
ORANGE MUNICIPAL CODE TO ADD CHAPTER
8 .5 TO ENCOURAGE RESZDENTIAL PROPERTY
MAZNTENANCE.
WHEREAS, the health, safety and wel£are of citizens may
be adversely affected by the improper or negligent main-
tenance of residential property; and
WHEREAS, such improper or negligently maintained resi-
dential property which does not conform to existing established
standards of health and sa£ety as provided for in law could
otherwise cause a loss of property values or diminished
enjoyment of surrounding residential property to such a
degree that neighborhood standards of quality of life are
reduced substantially; and
WHEREAS, it is intended that this Ordinance shall be i
applied to correct those adverse conditions o£ health and
safety representing a danger to citizens and cause to correct
those other conditions relative to residential property
maintenance not covered in existing laws that may result in
a deterioration of neighborhoods and property values.
NOW, THEREFORE, THE CITY COUNCIL OF TAE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS: i
Section Z:
Title 8 of the Orange Municipal Code is hereby amended
to add Chapter 8. 05 to read as follows:
CHAPTER 8. 05
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ENCOURAGING RESZDENTIAL PROPERTY MAINTENANCE
8 . 05. 010 Intent of Chapter. It is not intended by
this C apter to repea , a rogate, annul or in any way impair
or interfere with existing provisions of other laws or
ordinances, or with private restrictions placed upon property
by covenant, deed or other private agreement, or with
restrictive covenants runninq with the land to which the
City is a party. The purpose of this Chapter is to promote
the health, safety, and welfare of the public and to provide
minimum standards for the maintenance of residential property
and the preservation of neighborhoods in the City.
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8 . 05. 020 Definition of Residential Property.
Residential Property shall mean property ncluding, but
not limited to, vacant land or any land, dwelling house,
apartment building or other structure designed to be used,
either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk,
driveway, fence or other structure belonging or appurtenant
thereto.
II. 05. 030 Applicability of Chapter. This Chapter shall
be applicable to any property in the following districts:
A-1, R-1-6, R-1-7 , R-1-8 , R-1-10, R-1-12, R-1-15, R-1-20,
R-1-40, RD-6, RD-7, RD-8 , RM-7, RMM-6, and MH.
8 . 05. 040 Maintaining Private Premises. Any person
owning, leasing, renting, occupying or having charge of any
private residential property, including vacant lots visible
from public or other private premises, shall have the
responsibilities to insure that the maintenance of said
property, including structures, provides for a condition
that conforms to existing health and sa£ety standards as
provided for in existing law; to insure that non-conformity
to surrounding neighborhood standards of cleanliness and
aesthetics does not contribute to a loss o£ property value
or safe enjoyment of surrounding property.
I 8. 05. 050 Violation and Penalty. Violation of this
Chapter shall be deemed to be an infraction punishable by a
fine not to exceed Fifty Dollars C$50. 00} for each offense.
8 . 05. 060 Proper Residential Property Maintenance. All
buildings, structures, yards and appurtenances thereto shall
be maintained in a condition that is free from health and
safety hazards and the premises shall not be allowed to
deteriorate or remain in a condition that may, if not correct-
ed, cause a substantial adverse impact on nearby residential
properties and residents. The following conditions represent
minimum standards for residential property maintenance:
l. Exterior walls of buildings and structures shall be
maintained in a condition of good repair according to exist-
ing codes. Exterior surfaces of buildings shall be treated
to prevent deterioration to the building or structure.
ORD 46-85 2 -
2 . Buildinqs and structures which are unoccupied shall
be securely closed and locked to prevent access to persons
not legally authorized to enter sueh buildings and structures.
Those buildings and structures which are abandoned, dilapidated,
partially destroyed or partially constructed for a period of
time to create a health and safety hazard or otherwise
attract uses or activities injurious to the neighborhood
welfare, adjacent property values, and uses and enjoyment of
adjacent properties.
3. Exterior property areas or premises shall be free
of any accumulation of combustible or noncombustibie material;
abandoned, wrecked, dismantled or unoperative vehicles left
on private property in excess of ten (10) days that may
constitute a health and safety hazard; debris or refuse that
may result in a fiealth and safety hazard or fire hazard
and/or contribute to the deterioration of the neighborhood.
Exempted are those materials stored in conjunction with
normal residential use and equipment or machinery properly
stored during construction, provided such storage meets
applicable fire and zoning codes.
4 . Yards and lawns, includinq public parkways, shall
be maintained and be of such height and condition so as not
to constitute a fire hazard. Property maintenance shall
include the removal of dry, dead, overgrown or disease i
landscaping or vegetation.
5. Swimming pools, ponds and fountains shall be
maintained in such a manner so as not to constitute a health
hazard to the general public by becoming a breeding area £or
mosguitoes or other harmful life forms.
6. Noxious £umes or odors emitted from any residential
property so as to constitute a health hazard or causes an
adverse impact to surrounding residents is prohibited.
8. 05. 070 Enforcement by Director of Planninq and
Development Services. The Director of Planning and Develop-
ment Services for the City or his designee shall be responsible
for the enforcement o£ the provisions of this Chapter and
shall hereinafter be referred to as the Enforcement Officer.
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8. 05. 080 Notice to Violators. A. Prior to the
issuance of citations and initiation of prosecution of
violators of the provisions of this Chapter, the Enforcment
Officer shall notify violators by mailing a written Notice
of Violation addressed to the owner of said premises as
disclosed by the last equalized assessment roll of the
County. The tlotice shall contain a general statement
i describing the nature and location of the violation and
shall prescribe a specific grace period for the correction
i of the violation. Such grace period shall not be less than
fifteen {15) days £rom the deposit of the Notice of Violation
in the United States mail.I)
B. In addition to the mailed Notice provided for in
Subsection A above, the Enforcement O£ficer shall use
reasonable efforts to personally serve a copy of the NoticeI' of Violation upon any aault person occupying the premises.
If the Enforcement Officer is unable to locate any adult
occupant on the premises during the normal working hours ofI
I the City, he may post a copy of the Notice by firmly attaching
the same in a conspicuous place upon the premises.
i C. The Enforcement Officer shall be empowered to
extend the grace period for reasonable periods of time only
when said Enforcement Officer is assured that all reasonable
steps are beinq taken by the violator to cure the violation.
II 8 . 05. 090 Notice of Violation and Order to Correct
Condition - Appea Process. A. I t e owner, occupant or
i other responsible party in charge of any property which is
in receipt of a Notice of Violation of this Ordinance feels
aggrieved by such Notice, he may appeal to the Property
Maintenance Review Committee within ten {10) days after
receipt of such Notice of Violation and request a hearing.
i This provision shall not apply with regard to violations
which constitute an eminent danger or public health hazard
that requires immediate action taken to mitigate or eliminate
the dangerous and/or unhealthy condition. The Property
I Maintenance Review Committee shall conduct a hearing in
connection therewith within ten (10} y.rorking days after the
appeal is submitted. The Property 2daintenance Review
Committee shall notify the appellant and any other person
I interested in the matter to be present for such hearing.
B. A£ter the appeal hearing, the Property P4aintenance
Review Committee shall submit its findings and recommenda-
tions within five (5) working days therea£ter and sendIcopiesofthosefindingsandrecommendationstoallpersons
appearing at the hearing.
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ORD 46-85 4 -
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C. In the event the apgellant is agqrieved by the
ruling of the Property Maintenance Review Committee, he/she
may appeal the decision to the City Council by submitting a
reguest for City Council to review with the ity Clerk
within ten {10) workinq days. The decision of the City
Council in such appeals shall be final. Within five (5)
working days a£ter the regular Gity Council meeting in which
the appeal was heard, the findings, decision and/or recom-
mendations of the City Council shall be sent to all persons
appearing at the City Council appeal hearing.
8. 05.100 Establishment of Property Maintenance Review
Committee. A. The Property Maintenance Review Committee is
hereby established as the administrative body to review
appeals for alleged violations of this Chapter.
B. The Committee shall be composed of a Chairperson,
the City Manager or his designee (who shall be the Chairperson
Pro Tem? , and a representative from each of the following
departments: Fire, Planning and Developmerit Services,
Police, and Public Works.
C. The Committee shall establish the rules and
procedures necessary for the orderly conduct of Committee I
business. Such rules and procedures shall be subject to
review and approval by the City Council.
D. The Chairperson shalL be a resident o£ the City of
Orange, who is not an employee of the City. The Chairperson
shall preside at Committee meetings in accordance with the
established rules and procedures. The Chairperson shall be
appointed by the Mayor with approval of a majority of the
City Council. The term of office shall be one (i} year,
unless he or she is sooner removed by a majority vote of the
City Council.
Section IL•
A summary o£ 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 o£ this Ordinance shall also be
publish d once within fifteen (15} days after this Ordinance ' s
passage in the Oranqe City News, a newspaper of general
circulation, published and circulated in the City of Orange.
5 - ORD 46-85
The Czty Clezk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted 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 final passage.
ADOPTED this 23rd day of gptember 1986.
yor of the City of range
ATTEST:
A./,(v
City C f tt6 Ci/ of Orange
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STATE OF CALZFORNIA )
COUNTY OF ORANGE ss
CITY OF ORANGE
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I, MARILYN J. JENSEN, City Clerk of the City of Orange,
j California, do herehy certify that the foreqoing Ordinance
was introduced at the regular meeting of the City Council
held on the 16th day of 19, andlithereafterataregularmeetingosaidCityCouncil duly
i held on the ,- day of CPprPmhPr 19g was duly
passed and adopted by the following vote, to wit:
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AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ,
BEYERI
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
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City Cler of t e Cit of Orange
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ORD 46-85 6 -
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