Earlier editions: 2026-09
Title 6 — Health and Sanitation
Dana Point Municipal Code Ch. 6.15 Landscape and Maintenance of Vacant Property in Commercial Districts
Dana Point Municipal Code · 2026-10 edition · updated 2026-10-04 · Dana Point
Cite as: Dana Point Municipal Code Chapter 6.15 · Text as of 2026-10-04
§ 6.15.001. Landscaping of Vacant Property.¶
(a) Definitions. For purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:
"Director"
shall be as defined in Section 6.15.003 of this Code and shall include any persons duly designated by the Director of Community Development.
"Landscaping"
shall be as defined in Section 9.75.120 of this Code.
"Vacant property"
shall mean any lot, parcel, or other division of land in commercial districts that is not currently in use and has less than 75% of its surface area covered by any properly maintained landscaping, permanent structures, or other physical improvements such as walls, paving, fencing or benches, but not including plastic sheeting. Furthermore, the surface area not covered by any landscaping, permanent structures, or other improvements shall have remained uncovered for a period of 60 days prior to the determination that the property is vacant pursuant to this Chapter.
(b) Landscaping of Vacant Property Required—Inspection.
(1) Whenever any lot, parcel, or other legal division of land is considered a vacant property under this Chapter, any surface area that is not covered by landscaping, permanent structures, or other improvements shall be sufficiently covered with landscaping and adequately irrigated. Said landscaping shall be maintained until the vacant property is placed into regular use in accordance with its zoning designation.
(2) The Director shall inspect any or all property within the City for compliance with this Chapter whenever conditions warrant, or any specific property upon receiving notice of or observing a vacant property without the landscaping required by this Chapter.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.002. Landscaping Standards.¶
Notwithstanding any other portion of this Code, in order to promote and protect the City's interests that this Chapter addresses, the following general standards shall apply to any landscaping required under this Chapter:
(a) Landscaping shall cover as much surface area of the vacant property as reasonably possible, and shall be of a design or type that control erosion, reduce glare, reduce water run-off, and will reasonably beautify and enhance a property.
(b) In light of the City's interests addressed by this Chapter, the use of water-saving plants are encouraged where reasonably practicable, and irrigation systems if installed.
(c) So long as the property remains a vacant property, landscaping required by this Chapter shall not be subject to the plan review and approval required in Chapter 9.55. Notwithstanding the foregoing, any landscaping required by this Chapter shall comply with the landscape design standards enumerated in Section 9.55.050, and the landscaping plan must be approved by the Planning Department prior to installation.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.003. Notice of Hearing—Time Allowed to Complete Landscaping—Form of Notice.¶
(a) Upon inspection of the property, the Director shall determine if the property is a vacant property, and determine if the vacant property meets the landscaping requirement of this Chapter. If in the opinion of the Director the property is a vacant property within the meaning of this Chapter, he shall schedule and conduct an administrative hearing upon the matter. The owner of the property shall be notified of the hearing by posting a single notice upon the property and by mailing a single notice to the owner as shown upon the last published assessment role of the Orange County tax assessor. Such mailing and posting shall be accomplished at least 60 days prior to the administrative hearing.
(b) During the 60 day period between notice of the administrative hearing and the occurrence of the administrative hearing, the property owner shall have the option to install and/or maintain the landscaping required by this Chapter. If prior to the administrative hearing, such installation and/or maintenance is carried out in accordance with this Chapter and to the reasonable satisfaction of the Director, the administrative hearing shall be cancelled, and the City shall not seek to recover any of its costs related to that particular hearing.
(c) The notice required under this section shall be provided in substantially the following format:
| "A hearing will be held at City Hall, 33282 Golden Lantern, Suite 210, Dana Point, before the City of Dana Point Hearing Officer, to determine whether the premises at ________ shall be landscaped while vacant, or the existing landscaping maintained while the premises is vacant in accordance with Dana Point Municipal Code Chapter 6.15 . |
|---|
| "A hearing may be avoided if the following corrections are made before the day set for the hearing: |
| "If it is determined that the property should be landscaped, or the landscaping maintained, in accordance with Chapter 9.50, the following action may be taken by the City if the owner has not taken corrective action within 60 days after the hearing officer's determination: |
| "If the City takes action, all costs of the action taken will be assessed against the property and will attach as a lien 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 by the hearing officer. Call _______________________for questions regarding this notice." |
(d) Notice shall be sent First Class and Certified Mail, postage prepaid.
(Added by Ord. 01-03, 3/13/01)
[1]
Section 6.15.003 remains in effect until April 1, 2002. On April 1, 2002, Section 6.15.003.1 becomes effective.
§ 6.15.003.1. Notice of Hearing; Time Allowed to Complete Landscaping; Form of Notice.¶
(a) Upon inspection of the property, the Director shall determine if the property is a vacant property, and determine if the vacant property meets the landscaping requirement of this Chapter. If in the opinion of the Director the property is a vacant property within the meaning of this Chapter, he shall schedule and conduct an administrative hearing upon the matter. The owner of the property shall be notified of the hearing by posting a single notice upon the property and by mailing a single notice to the owner as shown upon the last published assessment role of the Orange County tax assessor. Such mailing and posting shall be accomplished at least 30 days prior to the administrative hearing.
(b) During the 30 day period between notice of the administrative hearing and the occurrence of the administrative hearing, the property owner shall have the option to install and/or maintain the landscaping required by this Chapter. If prior to the administrative hearing, such installation and/or maintenance is carried out in accordance with this Chapter and to the reasonable satisfaction of the Director, the administrative hearing shall be cancelled, and the City shall not seek to recover any of its costs related to that particular hearing.
(c) The notice required under this Section shall be provided in substantially the following format:
| "A hearing will be held at City Hall, 33282 Golden Lantern, Suite 210, Dana Point, before the City of Dana Point Hearing Officer, to determine whether the premises at __________________ shall be landscaped while vacant, or the existing landscaping maintained while the premises is vacant in accordance with Dana Point Municipal Code Chapter 6.15 . |
|---|
| "A hearing may be avoided if the following corrections are made before the day set for the hearing: |
| "If it is determined that the property should be landscaped, or the landscaping maintained, in accordance with Chapter 9.50, the following action may be taken by the City if the owner has not taken corrective action within 30 days after the hearing officer's determination: |
| "If the City takes action, all costs of the action taken will be assessed against the property and will attach as a lien 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 by the hearing officer. Call ____________________for questions regarding this notice." |
(d) Notice shall be sent First Class and Certified Mail, postage prepaid.
(Added by Ord. 01-03, 3/13/01)
[1]
Section 6.15.003.1 becomes effective April 1, 2002.
§ 6.15.004. Hearing—Determination of Hearing Officer—Properties Combined into One Action.¶
(a) At the administrative hearing any party having an interest in the matter may present testimony and evidence. The City Manager shall designate a hearing officer for the hearing. The hearing officer shall not be a Dana Point City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the findings and/or decision of the hearing officer. After hearing testimony and receiving evidence, the hearing officer shall determine if the subject property is a vacant property and whether additional landscaping or maintenance is required under this Chapter. Such determination by the hearing officer may be appealed to the City Council by following substantially the same form as Section 2.04.100 of the Dana Point Municipal Code. Enforcement of this Chapter shall be suspended with regard to the subject property while the appeal is pending.
(b) If the hearing officer determines that the subject property is a vacant property, and the appropriate landscaping has not been installed or maintained, the hearing officer shall order the owner to comply with the landscaping and/or maintenance requirements of this Chapter within 20 days.
(c) Whenever the Director deems it necessary, any or all Vacant Properties with identical ownership may be combined into one action when conducting hearings under this Chapter.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.005. Installation and Maintenance by City—Record of Costs—Notice to Property Owner.¶
If the owner fails to install or maintain the required landscaping on the vacant property within the time allowed by Section 6.15.003, reasonable installation and/or maintenance of the landscaping on the vacant property may be accomplished by the City. The City may accomplish said landscaping by use of City forces, by hiring equipment and labor, or by contract. The Director shall keep records of all costs incurred for installation and/or maintenance of the landscaping on each vacant property. Upon completion of the installation, and at the end of each quarter for maintenance costs, the Director shall present to the City Council a compilation of the costs incurred under this Section for that parcel. The owner as determined by the last assessment roll shall be notified of the cost of the abatement and the date that such costs shall be presented to the City Council.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.006. Review of Costs—Assessment on Property.¶
On the scheduled date, the City Council shall review the costs incurred for the installation or maintenance. The City Council shall confirm, deny, or adjust such costs if there is clearly an error. Any costs for landscaping installation or maintenance as determined by the City Council shall be assessed upon the property and shall constitute a debt owed to the City and a lien upon the property until paid. The City Council shall order the Director to collect any assessment so determined.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.007. Payment of Costs—Invoice Becomes Lien on Property.¶
Upon such determination of assessment by the City Council, the Director shall present to the owner by mail an invoice for such costs to be paid within 30 days. At the expiration of 30 days the Director shall file a lien upon the property for all or any moneys yet due. Such lien shall be invoiced and collected by the tax collector with the next installment of taxes.
(Added by Ord. 01-03, 3/13/01)
§ 6.15.008. Public Nuisance Designated—Penalty Provisions.¶
(a) Unless otherwise exempted from the provisions of this Chapter, no person shall maintain a vacant property without landscaping as required by this Chapter. Any vacant property without appropriate landscaping required by this Chapter is deemed a public nuisance.
(b) Any violation of this Chapter is illegal and may be punished as a misdemeanor.
(Added by Ord. 01-03, 3/13/01)
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