HomeMy WebLinkAboutORD 04-26 ADDING CHAPTER 8.38 TO THE OMC RELATING TO THE MAINTENANCE AND SECURITY STANDARDS FOR UNOCCUPIED OR ABANDONED PROPERTIESORDINANCE NO. 04-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 8.38 TO THE
ORANGE MUNICIPAL CODE RELATING TO THE
MAINTENANCE AND SECURITY STANDARDS FOR
UNOCCUPIED OR ABANDONED PROPERTIES
WHEREAS, California Constitution, Article XI, Section 7, authorizes cities to make and
enforce within its limits all local, police, sanitary, and other ordinances, and regulations not in
conflict with general laws; and
WHEREAS, California Government Code section 38771 provides that legislative bodies
of cities may declare what constitutes a nuisance; and
WHEREAS, California Government Code section 38772 et seq. further provides that
legislative bodies of cities may also provide for the summary abatement of any nuisance at the
expense of the persons creating, causing, committing, or maintaining it, and by ordinance may
make the expense of abatement of nuisances a lien against the property on which the nuisance is
maintained and a personal obligation against the property owner; and
WHEREAS, California Health and Safety Code section 101450 authorizes the City
Council to take measures necessary to preserve and protect public health, including the adoption
of ordinances and regulations to address unsafe, unsecured, and nuisance conditions associated
with unoccupied and abandoned properties; and
WHEREAS, the Legislature of the State of California, in adopting section 2929.3 of the
California Civil Code (requiring owners of vacant residential property acquired at a foreclosure
sale or by foreclosure under a mortgage or deed of trust to adequately maintain the property and
to abate any violations threat) specifically provides that said section does not preempt any local
ordinance; and
WHEREAS, Unoccupied or Abandoned Properties can be a major cause and source of
blight in the City; and
WHEREAS, Unoccupied or Abandoned Properties that are not actively maintained or
secured may pose a serious threat to public health and safety due to the secondary effects of
criminal activity, vandalism, trespassing, graffiti, fire hazards, unsafe conditions, depressed
surrounding property values, and reduced economic development; and
WHEREAS,property owners are responsible for preventing their property from becoming
a nuisance to the community and from creating a financial burden on City resources due to repeated
responses by code enforcement,police, and fire services; and
WHEREAS,the City Council finds that Unoccupied or Abandoned Properties may create
conditions that threaten the public health, safety,and welfare; and further finds that it is in the best
interests of the City and its residents to ensure that all properties within the City are maintained to
reasonable standards through the adoption of a Maintenance and Security Standards for
Unoccupied or Abandoned Properties Ordinance; and
WHEREAS, implementing the foregoing ordinance will assist the City in protecting the
community from the negative impacts and conditions that occur as a result of vacancy, absentee
ownership, and lack of compliance with City regulations and laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The Ordinance is not a"project"subject to the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15378 because it involves an
organizational and administrative activity of the City of Orange that will not result in direct or
indirect physical changes in the environment.
SECTION II:
A new Chapter 8.38 of Title 8("Health and Safety")of the Orange Municipal Code(OMC)
is hereby added to read as follows:
CHAPTER 8.38
MAINTENANCE AND SECURITY STANDARDS FOR UNOCCUPIED OR
ABANDONED PROPERTIES
8.38.010 Purpose and Intent.
8.38.020 Definitions.
8.38.030 Applicability; Exceptions.
8.38.040 Right of Inspection and Entry.
8.38.050 Inspection, Classification,Monitoring and Response.
8.38.060 General Maintenance and Security Standards for Unoccupied or Abandoned
Properties.
8.38.070 Screening Standards for Unoccupied or Abandoned Storefronts.
8.38.080 Waiver or Modification Request.
8.38.090 Administrative Regulations.
8.38.100 Appeals.
8.38.110 Collection of Fees and/or Costs.
8.38.120 Emergency Abatement Authority.
8.38.130 Enforcement.
8.38.010 Purpose and Intent.
A. The purpose of this chapter is to establish regulations and monitoring program for Unoccupied
or Abandoned Properties to assist the City with code enforcement efforts to reduce blight in
the City.
2
B. By establishing maintenance and security standards, inspection and enforcement procedures,
penalties, and cost recovery mechanisms, the City will reduce the adverse secondary effects
associated with vacant, distressed,unoccupied, and abandoned properties.
C. The Community Development Director is hereby authorized to administer and enforce the
provisions of this chapter.
8.38.020 Definitions.
If a term or phrase is not defined in this chapter, or elsewhere in this Code, the most common
dictionary definition is presumed to be correct unless the context clearly requires otherwise.
Abandoned" or"Distressed"means any real property (Property) that is Vacant and meets any
of the following conditions: (i)is under a current notice of default; (ii)is under a current notice of
trustee's sale; (iii) is pending a tax assessor's lien sale; (iv) has been the subject of a foreclosure
sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure;
or(v)has been transferred under a deed in lieu of foreclosure.
Business Activity" means the lawful, continuous operation of a mixed-use, commercial, or
industrial use within a structure,building or on a property for its intended and permitted purpose,
as evidenced by customary ongoing activities, including the presence of employees, contractors,
or customers during normal or posted business hours,the active offering of goods or services for
sale, the maintenance of valid business licenses and required permits, the operation of utilities
at levels consistent with occupancy, and the maintenance of inventory, equipment, furnishings,
or fixtures appropriate to the business. Business activity shall not include sporadic or incidental
use; pop up events or activities, temporary or vending permits; the mere storage or display of
furniture, equipment, furnishings, fixtures or merchandise without active operations;
maintenance of a business license without on-site activity; administrative use lacking regular
physical occupancy (unless such use constitutes the primary permitted use); or any activity
undertaken solely to avoid classification as a Unoccupied or Abandoned Property.
Evidence of Vacancy" means conditions existing on or around a Property including but not
limited to overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers,
and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, litter,
junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or
shutters; unsecured or broken doors or windows; the absence of commercial furnishings;
statements by neighbors, passersby, delivery agents, and government employees or any other
I/
evidence that demonstrates that the Property is Vacant, Distressed, Unoccupied or Abandoned.
Owner" includes any person or entity having legal title to, or who leases, rents, occupies or
has charge, control, or possession of any real Property in the City, including all persons listed as
Owners on the last equalized assessment roll of the Orange County Assessor's Office. Owners
include persons with power of attorney, executors of estates, trustees, heirs, or court-appointed
administrators, conservators, guardians, receivers, and any beneficiary and trustee who holds a
deed of trust on a Property in the City. For providing notice to an Owner under this Code,
Owner"includes the Owner's agent, employee,property manager or other legal representative.
3
Screening"means a professionally designed display made of film,vinyl, polymath, canvas, or
heavy-duty paper or other material and that is placed on the inside of a window, window area
and glass door of an Unoccupied or Abandoned Storefront which conceals the interior of the
premises from any public or private view.
Securing" means making the Property inaccessible to unauthorized person(s), including, but
not limited to repair or installation of fences, walls, and other barriers; chaining or pad locking
of gates, doors; the repair, replacement or boarding of doors, windows, and/or other openings.
Storefront" means the ground-floor or second story exterior façade of any building, structure
or tenant space on a mixed-use, commercial, or industrial property that is designed or intended
to provide visual access to the interior and direct access for members of the public to engage in
business activity, and that contains one or more display windows, glazed window areas, or glass
doors visible from a public street, sidewalk, walkway, private parking area open to the public,
or other publicly accessible right-of-way.
Unoccupied" means any vacant property that is not lawfully inhabited, leased, rented, or
actively used for business activity or other purposes consistent with its intended mixed-use,
residential, commercial, or industrial zone.
Vacant" or "Vacant Property" means any lot, tract, or parcel of land, or any and each
building, structure, or improvement thereon, including but not limited to any storefront,
individual unit, tenant space, or portion thereof, located within a mixed-use, residential,
commercial, or industrial zone, that is not lawfully inhabited,leased, rented, or actively used for
business activity or other intended purpose consistent with the Code, and that either(i) remains
Unoccupied for more than sixty (60) consecutive calendar days, and/or (ii) exhibits objective
Evidence of Vacancy, and/or(iii) is Abandoned or Distressed.
8.38.030 Applicability; Exceptions.
A. Applicability. This chapter applies to all Unoccupied or Abandoned residential, commercial,
industrial, and mixed-use properties, including undeveloped land and tenant spaces within
multi-tenant buildings.
B. Exceptions. This chapter does not apply as follows:
1. Active Construction Activity. An Unoccupied or Abandoned Property with a valid,
unexpired building permit where inspections occur at least once every three (3) months
for construction activities (e.g., demolition, repair, alteration, rehabilitation, or tenant
improvements), and the owner is diligently progressing toward completion.
2. Pending Permits,Licenses or Approval.The owner or leaseholder has filed an application
for, and is actively seeking to obtain authorization, permits, or licenses required by State,
County, or local law permitting the lawful use and occupancy of the Unoccupied or
Abandoned Property.
4
3. Actively Marketed Residential Properties. A vacant unit or entire dwelling including,but
not limited to,a multi-family development,apartment,duplex,condominium,townhouse,
single-family residence, ADU, JADU, or short-term rental in a residential zone that is
actively and continuously offered for sale, lease, or rent, and otherwise complies with all
applicable Federal, State, and OMC requirements, including this chapter.
C. Notwithstanding this section, an Unoccupied or Abandoned Property is ineligible for
exclusion if the owner, although promptly correcting violations within forty-eight(48)hours
of notice by the Code Enforcement Division, receives more than two (2) written notices of
violation within any sixty(60) calendar-day period.
8.38.040 Right of Inspection and Entry.
The Community Development Director, or any authorized City personnel, may enter and inspect
any unoccupied, abandoned, or suspected vacant property at reasonable times for purposes of
enforcing this chapter, with the verbal or written consent of the owner or person in control of the
property. If entry is refused,the City may seek an administrative inspection warrant in accordance
with applicable law. In cases of emergency,or where conditions pose an immediate threat to public
health, safety, or welfare, the City may enter the Property without prior notice or warrant to the
extent permitted by law. The City may also enter the Property to abate violations as authorized by
law, this chapter, or other provisions of the Code.
8.38.050 Inspection, Classification,Monitoring and Response.
A. Upon receipt of a complaint or through proactive enforcement efforts involving an
Unoccupied or Abandoned Property, the City, including the Community Development
Department, Fire Department, Police Department, and other designated City personnel, may
conduct an inspection of the interior and/or exterior of the Property following reasonable
notice or as otherwise authorized by law or this chapter. Reasonable notice shall consist of
the City providing not less than three (3) calendar days' advance written notice of the
inspection, specifying the date and time of the inspection. A visual exterior inspection of an
Unoccupied or Abandoned Property may be conducted by City personnel without entering
the Property and from a public right-of-way,adjacent private property with the consent of the
owner or person in control of such property,or as otherwise permitted by law.
B. Notice of Violations and Classification of Unoccupied or Abandoned Property. Following an
inspection by Code Enforcement, the owner of an Unoccupied or Abandoned Property that
does not qualify as a Level 1—Stable Property shall be either served,by mail, certified mail,
personal service,and/or posting on the Property,with a written notice of violation.The notice
shall specify the violations as contained in this chapter and provide a reasonable period to
correct or otherwise remedy them. If the violations remain uncorrected after the compliance
period, the Property shall be assigned a classification based on its overall condition and level
of compliance, as follows:
1. Level 1—Stable Property: An Unoccupied or Abandoned Property maintained in full
compliance with the OMC and provisions contained in this chapter. Stable Properties shall
5
not be subject to Monitoring and Response Fees, and the related Code Enforcement case
shall be closed.
2. Level 2—At-Risk Property: In addition to any citations, notices and/or fees or costs of
City enforcement efforts, including costs to abate a nuisance,Unoccupied or Abandoned
Property that exhibits violations of the OMC and/or provisions contained in this chapter
shall be subject to biweekly monitoring and response by City Code enforcement. At Risk
Properties are subject to biweekly Monitoring and Response Fees.
3. Level 3—Problematic Property: In addition to any citations, notices and/or fees or
costs of City enforcement efforts, including costs to abate a nuisance, a Unoccupied or
Abandoned Property that exhibits violations of the OMC and/or provisions contained in
this chapter and is unsafe, dangerous, substandard, unlawful, hazardous, condemned,
fire damaged buildings, structures, equipment, or property that are not safe and/or unfit
for human occupancy pursuant to the OMC or State law, and/or poses immediate threat
to the public health, safety, and welfare shall be subject to a weekly monitoring and
response by City Code enforcement. Problematic Property is subject to weekly
Monitoring and Response Fees.
C. In addition to the provisions of this chapter, Level 2 and 3 properties are subject to all
applicable City enforcement actions, including but not limited to, criminal, administrative,
and civil citations, for violations of the OMC, State or Federal law, or for conditions
constituting a public nuisance.
D. Unsafe, dangerous, substandard, unlawful, hazardous, condemned, or fire damaged
buildings, structures, equipment, or property that are not safe and/or unfit for human
occupancy pursuant to the OMC or State law shall either be demolished or fully repaired by
obtaining a valid building permit within ninety (90) days. The Community Development
Director may grant continuation if documentation is provided to the satisfaction of the
Director showing any delay is of no fault of the Owner and the Owner has made good faith
efforts to demolish or fully repair within said ninety (90) days. Until demolition or repairs
are completed, the Owner shall secure the building, structure, and property to prevent
unauthorized access.
E. If an Unoccupied or Abandoned Property moves from Stable to At Risk or from At Risk to
Problematic, the Monitoring and Response Fees will be set to the higher classification.
Likewise, if an Unoccupied or Abandoned Property moves to a lower classification, the fees
will be the lower classification, if any. The Code Enforcement Division of the City will
conduct a reassessment of the Unoccupied or Abandoned Property upon request of the
Property Owner.
F. An Unoccupied or Abandoned Property may be reclassified based on the following:
1. The Property Owner has made the required corrections to the Unoccupied or Abandoned
Property to become fully compliant with the OMC and/or provisions contained in this
chapter;
6
2. The Property Owner has had no new violations documented or observed for the past sixty
60) consecutive days by the Community Development Department; and
3. The Property Owner requests a site inspection at least two (2)weeks prior to the due date
of the current monitoring and response fee being billed.
G. If the Unoccupied or Abandoned Property qualifies for a lower classification, then the
corresponding Monitoring and Response Fees, if any, will be assessed.
H. Monitoring and Response Fees as established by resolution of the City Council and those
contained in the City's Master Fee Schedule shall be billed and paid to the City within thirty
30) calendar days of the billing notice to any applicable property owner of an Unoccupied
or Abandoned Property. Monitoring and Response Fees shall fully recover the City's costs
for Code Enforcement administration, equipment, supplies and personnel, as well as
applicable hourly rates set forth in the City's Master Fee Schedule for personnel responses
by Building and Safety, Fire, Police and/or any other designated City personnel enforcing
the provisions of this chapter. These fees are not refundable, prorated, or rebated. The
assessment of applicable Monitoring and Response Fees by Code Enforcement upon a
property owner of an Unoccupied or Abandoned Property is final, unless appealed in
accordance with this chapter.
8.38.060 General Maintenance and Security Standards for Unoccupied or Abandoned
Properties.
A. Every owner of real property within the City is required to maintain such property in a manner
so as not to violate the provisions of this chapter or this Code and such owner remains strictly
liable for violations thereof regardless of any contract or agreement with any third party
regarding such property.
B. Unless the Community Development Director provides in writing waiver from the following
requirements, Unoccupied or Abandoned Property Owners shall ensure:
1. Maintenance of landscaping be maintained in a clean, watered, and weed-free condition,
with hedges, bushes, and shrubs not exceeding forty-two (42) inches in height to ensure
clear visibility from the public right-of-way,trees regularly pruned to remove overgrowth
and dead or dying material,adequate irrigation provided to sustain all vegetation, and any
dead or dying plant material removed; additionally, approved groundcover,hardscape, or
softscape shall be installed and maintained throughout the period of vacancy, with
groundcover not exceeding six (6) inches in height and supported by adequate irrigation,
and the Director may require additional measures as necessary to eliminate unsafe
conditions.
2. Maintenance of the exterior of the building or structure, including, but not limited to,
ensuring paint, finishes, roof, windows and doors, fences and walls, and porches and
patios are in a good condition.
7
3. Maintenance of any swimming pools, spas, or water in such a manner so as to be free
and clear of pollutants, debris, mosquitoes, insects, vectors, water that is clouded or
green, bacterial growth, or algae and properly Securing with minimum security fencing
and self-locking devices, as required by State law.
4. Regular removal of interior and exterior junk, trash, litter, debris, newspapers, flyers,
lumber, construction materials, household furniture, appliances, clothing, combustible
material, or discarded, unused, or abandoned personal property and graffiti, tagging, or
other markings, with any painting over to be done with similar exterior grade colored
paint.
5. Property is secured so as to prevent unauthorized trespassing on the premises, or,
squatting, drug or criminal activity, malicious mischief, vandalism, and other public
nuisances.
6. Provide power for exterior lighting, any applicable fire sprinkler system, fire or burglar
alarm, security surveillance systems or irrigation systems, which shall all be maintained
in working order.
7. Maintenance of Screening material free from blight and not accessible to unauthorized
persons, including,but not limited to, the replacement of broken windows, doors and the
closing and locking of windows, doors (walk-through, sliding and garage), gates, fences
and any other opening that may allow access to the interior or exterior of the Property.
8. Provide evidence of pest and rodent control if requested by Code Enforcement Division
to verify that any infestation has been treated by a State licensed pest control
professional.
9. Remove any parked, abandoned, or inoperative vehicles including any vehicle parts
thereof that are visible to public view and/or from an adjoining Property.
10.Maintain all emergency access areas, egress points, stairways, roof-access ladders and
exit signage are in functioning condition and free from obstruction.
11.Removal of abandoned signs that advertise goods or services which have not been
available for a period of ninety(90)or more days and the area where signs were installed
maintained or painted to match the existing building or structural color.
12.Maintenance of parking areas free of deterioration, potholes and in accordance with the
applicable zoning standards and off-street parking requirements and/or conditions of
approval,including,but not limited to,lighting,stall markings,art installations, signage,
bollards, fire lane markings, and permitted mechanical equipment.
13.Installation of a key box to provide emergency access, if necessary, and as approved by
the Fire Chief, or designee.
8
14.Posted with conspicuous signage displaying the name and 24-hour contact telephone
number of the owner or local property management company for receipt of public and
City complaints to mitigate nuisance conditions, as well as "No Trespassing" signage, as
required by State law.
15.Motion-activated video surveillance cameras and lighting in working order and provides
two-way communication and mobile live-view video feed for physical monitoring by
means of the Owner. "Continuous physical monitoring" shall mean the use of a local
and CA licensed security patrol agency providing either onsite fixed security personnel,
roaming security patrol and/or video surveillance;
a. Property Documentation demonstrating adequate security patrol is being provided
by as determined by the Code Enforcement Division.
16.Broken windows, doors, and other openings are secured as required by the Code
Enforcement Division or Police Department including temporary board-up must be
painted in a color consistent with the exterior of the building. Plywood must be of un-
sanded CDX grade and must have a minimum thickness of one-half inch for window
openings, five-eighths inch for door openings and three-quarter inch for a sliding door
and French door openings; Plywood boarding must be completed to a minimum of the
current United States Department of Housing and Urban Development (HUD) Securing
standards at the time the boarding is completed or required and must be consistent with
the requirements of this chapter.
a. Long-term boarding of windows, doors or other openings exceeding thirty(30)days
may be considered and approved by the Director upon a showing of good cause or
reason by the Owner for keeping the boarded building secured against unauthorized
trespassing long-term.
17.If applicable maintain unimproved Vacant lots or improved Unoccupied or Abandoned
buildings or structures secure in accordance with the following standards:
a. Temporary perimeter fencing, a minimum of forty-two (42) inches and not
exceeding six (6) feet in height, constructed of wrought iron, chain link, Kentucky-
style fencing, or other building materials approved by the Director, including mesh
or other screening material secured to the interior side, that provides at least fifty
percent (50%) visibility from ground level and includes a secured gate for
emergency access.
b. Temporary fencing must be kept free of posters, signs, graffiti, artwork, or similar
decoration unless it is approved by the Director. All unauthorized postings, signage,
artwork, graffiti, or similar decoration must be immediately removed, and/or the
fencing, mesh, or other Screening material be painted over to match the existing
color;
9
c. Missing or damaged temporary fencing or mesh material must be repaired or
replaced.
18. Compliance with Laws. The Property, including any building, structure, tenant space,
or storefront, shall be maintained and operated in compliance with all applicable local,
State, and Federal laws, including, but not limited to, zoning, building, fire, public
health, safety, welfare and administrative regulations.
8.38.070 Screening Standards for Unoccupied or Abandoned Storefronts.
A. An Unoccupied or Abandoned Property with a Storefront shall maintain at least one of the
following types of Storefront window Screening displays on or inside all ground-floor or
second story exterior façade windows, window areas and glass doors visible from a public
street, sidewalk, walkway, private parking area open to the public, or other publicly
accessible right-of-way of the Property:
1. Faux window dressings containing goods, services, or a future business at the location
with the appearance of a vibrant business using background panels or other methods to
screen views of the Unoccupied or Abandoned Storefront windows, window areas and
glass doors;
2. Works of art, including paintings or sculptures or other displays of cultural, historical
pictures of the City, or educational value, utilizing colorful and vibrant materials, and
using background panels or other methods to screen views of the Unoccupied or
Abandoned Storefront windows, window areas and glass doors;
3. Paintings or graphic design applied directly to the windows, window areas and glass
doors surface featuring visually appealing, colorful, vibrant scenes, shapes, or images;
Other design or decorative measures approved by the Director or designee in writing
that achieves the purpose of this chapter to avoid visual blight in the City's mixed-use,
commercial or industrial zones and to enliven pedestrian or vehicular traffic experiences
while passing through;
a. Storefront window, window area, and glass door Screening shall comply with the
following standards:
i. Any adhesive materials used to affix the Screening shall not be visible from the
exterior of the Storefront windows, window areas, or glass doors;
ii. No seams, gaps, or overlaps in the Screening material shall be visible from the
exterior of the Storefront windows, window areas, or glass doors;
iii. All window Screenings shall be maintained in a clean,neat, and orderly condition
and shall not be torn, faded, damaged, or otherwise deteriorated;
iv. Storefront windows, window areas, and glass doors shall not be screened or
covered with textile or temporary materials, including but not limited to fabric,
10
tarps, cloth, plastic film, metal foil, rubber sheeting, vinyl plastic, cardboard, or
paper; and
v. All window Screening shall be removed within thirty (30) calendar days after
lawful occupancy and active business activity or operations have commenced,
unless an extension is approved in writing by the Director or designee.
8.38.080 Waiver or Modification Request.
The Owner may submit to the Community Development Director a Request for Waiver or
Modification of the Unoccupied or Abandoned Property Requirements on a form provided by the
Community Development Department. The Director shall consider the relevant facts and
circumstances in determining whether the requested change is necessary to protect the property or
surrounding community from nuisance conditions or threats to the public health, safety, and
welfare. The Director's decision is final,unless appealed in accordance with this chapter.
8.38.090 Administrative Regulations
Authority to Adopt Administrative Regulations. The Community Development Director may
adopt, modify and implement administrative rules, procedures, and requirements consistent with
this chapter as necessary to enforce and administer the Unoccupied or Abandoned Property
regulations. All regulations must be published in advance and filed with the City Clerk's office for
public inspection.
8.38.100 Appeals.
A. Any Owner may appeal to the City Manager,or designee any decision or action arising from
this chapter by filing a written notice of appeal to the City Clerk's office.
B. The appeal and payment of the administrative appeal fee must be received at the Clerk's
Office no later than fourteen (14) days of a decision or action. The administrative appeal
fee as established by resolution of the City Council. An appeal will not be accepted without
payment of the administrative appeal fee.
C. An independent hearing officer shall be selected by the City Manager to hear and make a
determination as to the appeal. The hearing officer shall set the date and time of the hearing.
At the hearing, the Owner who filed the appeal shall have the burden of proof by a
preponderance of the evidence and may be given the opportunity to testify,present witnesses
and evidence concerning the appeal as determined by the hearing officer.
D. The hearing officer shall issue a written decision within fourteen(14)business days to either
uphold, dismiss, or modify any decision or action. The hearing officer shall state the reasons
for the decision and shall send a copy of the decision to the appellee and to the Community
Development Department. The decision of the hearing officer is final, unless appealed as
permitted by State law.
11
8.38.110 Collection of Fees and/or Costs.
A. Each collection of fees in connection with any applicable Monitoring and Response Fee(s)
and/or emergency abatement costs, shall be billed, and paid to the City within thirty (30)
calendar days of each billing notice date.
B. If the fees are not paid within thirty (30) calendar days of each billing notice date, the City
may use all available legal and equitable remedies to collect any fees as allowed by law,
including,but not limited to,the recordation of a lien(secured or unsecured)with the Orange
County Recorder's Office.
C. The City may also withhold, or refuse to issue, extend, or renew any City permit, license, or
other City approval to any Owner who has unpaid fees and/or costs under this chapter.
8.38.120 Emergency Abatement Authority.
Nothing in this chapter shall supersede or otherwise interfere with the City's rights or remedies
pursuant to other provisions of the Orange Municipal Code, or Federal, State, or local laws. Upon
the failure or refusal of an Owner to eliminate or abate any violation(s) of this chapter, the City
may, at its election, to cause the Unoccupied or Abandoned Property to be maintained, secured or
in any other manner necessary to eliminate or abate the violation(s)and charge the Unoccupied or
Abandoned Property Owner for the City's costs thereto.This abatement may be performed by City
personnel, private contract vendor, or by any other means as determined by the City. The failure
by the Owner to abate the violation(s)shall result in any costs and/or expenses incurred by the City
to abate any violation(s) be billed to the Owner, which may be assessed as a lien against the
Property, including interest thereon,until paid in full.
8.38.130 Enforcement.
A. Strict Liability. Any violation of this chapter constitutes a strict liability offense and shall be
deemed to have occurred regardless of the Owner's intent, knowledge, negligence, or fault,
and regardless of whether the Owner knew or reasonably should have known of the violation.
B. Violations Unlawful. It is unlawful and declared a public nuisance for any person or Owner
having charge, control or failed to maintain an Unoccupied or Abandoned Property contrary
to the provisions of this chapter.
C. No limitation on other remedies. The remedies provided by this chapter are cumulative and
in addition to any other remedies available at law or in equity.
D. This chapter provides a nonexclusive and cumulative method of enforcement. The City may
pursue any and all other remedies authorized by this Code and applicable law, whether
concurrently, separately, or consecutively, including but not limited to administrative and
criminal enforcement under Chapters 1.08 and/or 1.10, civil actions (including injunctive
relief), and nuisance abatement procedures. This chapter supplements all other remedies
available under the Orange Municipal Code, State law, and other applicable regulations.
12
E. Any person or Owner found in violation of Sections 8.38.060, and/or 8.38.070 of the Orange
Municipal Code may be subject to administrative citation, with progressive fines established
by City Council resolution.
1. Progressive fines as established by resolution of the City Council shall be as follows for
each violation:
a. 1st Violation within a twelve(12)month period.
b. 2nd Violation within a twelve(12)month period.
c. 3rd and Subsequent Violation within a twelve(12)month period.
F. Appeals of Fines. Administrative fines issued under this chapter may be appealed in
accordance with Chapter 1.10 upon payment of an applicable administrative citation appeal
fee as adopted by resolution of the City Council. The administrative citation appeal fee is
intended to offset City costs associated with report preparation, evidence compilation, and
hearing officer services.
SECTION III:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one(or more) section, subdivision,paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 14th day of July 2026.
aniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
13
APPROVED AS TO FORM:
Nathalie Adourian, ity Attorney
City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, 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
23rd day of June 2026, and thereafter at the regular meeting of said City Council duly held on the
14th day of July 2026 was duly passed and adopted by the following vote,to wit:
AYES: COUNCILMEMBERS:Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez,
Gyllenhammer, Slater
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
Pamela Coleman, City Clerk,,City of Orange
14