Lake Forest Municipal Code Art. I Public Nuisance

A. In order to further the stated goals of the City 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 hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Lake Forest.

B. It is the intention of the City Council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish methods for giving notice of the conditions and an opportunity to correct them; and finally, in the event the public nuisance is not abated or corrected voluntarily or through alternative enforcement means, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the City, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D. It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti within the City.

E. It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.

F. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

G. This chapter is not intended to enforce conditions, covenants and restrictions ("CC&Rs") on property, nor to supersede them. This chapter will be enforced uniformly within the City regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner's association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

It is unlawful and declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the City, to cause, permit, allow, or maintain the property in such a manner that any of the following conditions are found to exist thereon:

A. Any violation of any section of the Lake Forest Municipal Code, including any code adopted by reference.

B. Buildings or structures which are partially destroyed, boarded up, abandoned or permitted to remain in a state of partial construction for more than six months, and any period of extension, after the expiration of a building permit.

C. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the City-approved drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage programs of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties.

D. Failure to secure and prevent access by unauthorized persons to vacant or abandoned property and/or structures.

E. The keeping, placement, or deposit on sidewalks, parking lots, landscaped or other private outdoor areas visible to the public right-of-way, of any of the following:

1. Debris, junk, lumber, or trash.

2. Abandoned, disregarded, or unused objects or equipment (e.g., refrigerators or other appliances, motor vehicle parts, any unsound structure, skateboard ramps, accumulated lumber, debris, trash, garbage).

3. Any conditions in this section which may be an attractive nuisance and dangerous to children.

F. Any swimming pool, pond, spa, abandoned well, or other body of water, that is stagnant, abandoned, unattended, or unfiltered.

G. Hoarding and/or hoarding conditions either in the interior or the exterior of a property.

H. Except where construction is occurring under a valid permit, the storage or parking of the following, visible from the public right-of-way, upon any property exterior within a residential zone: construction equipment, machinery, grading equipment, or supplies and materials of any type or description.

I. The parking, placement, or storage of any commercial vehicle over 22 feet long or seven feet tall or 90 inches wide on residential property, including, but not limited to: buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers.

J. Use of commercial bins for single-family residential uses, except for the temporary purpose of renovation, demolition, and construction activities.

K. Commercial shipping containers and other such commercial storage containers placed on a residential property for more than 14 consecutive days. Notwithstanding the foregoing, a container for the collection and disposal of construction and demolition debris may temporarily be stored on a Code-compliant paved driveway for a maximum of 90 days and only in conjunction with an active building permit.

L. Commercial bins with an approved permit stored in excess of 15 days on a public street or any front or side yard setback area without the express written approval of the Director of Community Development or the City Engineer.

M. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property.

N. Except as otherwise authorized by a permit issued by the Director of Community Development or the City Engineer, the placing, depositing, or dumping of rocks, dirt, or waste materials on any of the following: public or private roads, including their right-of-way, private property accessible to the public via easement or license, private property without the owner’s consent, public parks or any other public property not designated for such use by the City Council or other applicable governing authority.

O. Trailers, campers, boats, or motor vehicles parked or stored on vacant property or in front yards of developed lots, other than on a Code-compliant and paved driveway.

P. Parking, storing, or maintaining upon any residential property any abandoned, wrecked, dismantled, or inoperable vehicle, where the vehicle is visible from the public right-of-way. Notwithstanding the foregoing, inoperative vehicles may be stored on private residential property in the following ways:

1. Enclosed completely within a garage where it is not visible from the street or other public or private property when the garage is closed; or

2. A screened paved surface that is not within the required building setback area abutting a public street excluding alleys. The screening shall consist of a minimum six-foot tall permanent, solid, opaque fence or wall. The fence or wall shall be constructed and maintained in accordance with applicable development standards for fences and walls.

Q. The storing or parking of a vehicle, including a recreational vehicle, on private property where the vehicle is connected to utilities such as electrical, gas, water, and sewage. The foregoing does not apply to any of the following:

1. A vehicle parked for no more than 48 hours in connection with emergency repairs.

2. The charging of an electric vehicle.

3. Connections to utilities that the vehicle’s owner lawfully has access to for any 72-hour period immediately preceding or following the use of a recreational vehicle for its intended purpose off site. For purposes of this subsection, “intended purpose” means an off-site trip with the primary intention of recreation, sightseeing, or touristic activities.

R. Occupancy.

1. Habitable structures failing to provide and maintain light, ventilation, and space conditions in compliance with the requirements set forth in the California Building Code and California Residential Code.

2. Garages, kitchens, and other non-habitable spaces used for sleeping purposes, or as any other habitable space.

3. Any structure, or portions thereof, occupied for cooking, dining, living, or sleeping that was not permitted by the City to be used for occupancy in compliance with local and State law, including the California Building Code.

4. In residential properties containing two or more bedrooms, a condition such that a bedroom constitutes the only means of access to other bedrooms or habitable spaces, and/or is the only means of egress from other habitable spaces.

5. Any habitation which is overcrowded, as defined by the Uniform Housing Code and/or any local amendments thereto adopted by the City, or which lacks adequate ventilation, sanitation, or plumbing facilities, or which constitutes a fire hazard.

S. Fire.

1. Absent, unsafe, or obstructed continuous path of travel from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code.

2. Non-operational, defective, or absent fire protection, detection, and life safety systems required by the California Fire Code or California Residential Code.

T. Animals.

1. The keeping of bees or any livestock as defined in Section 10.04.010 of this Code on any residential property. Notwithstanding the foregoing, hens are permitted and shall be limited to a maximum of four per property.

2. The keeping of animals which results in an excessive accumulation of unremoved waste, urine, waste food, or the causing of obnoxious odors.

3. The keeping of animals so as to cause a "pest breeding hazard," as that term is defined in Section 6.28.010 of this Code.

U. Any noise in violation of the provisions of Chapter 11.16 (Noise Control) of this Code.

V. Any business or other activity not consistent with all the terms and conditions of all applicable zoning approvals and approved plans granted by the City.

W. Construction of a building or structure, or establishment of any land use, not approved by the City.

X. Any other conditions declared by any State, County, or City statute, Code, or regulation to be a public nuisance or a violation.

(Ord. 171 § 1, 2007; Ord. 225 § 2, 2011; Ord. 294 § 2, 2017; Ord. 359 § 5, 2023; Ord. 365, 4/16/2024; Ord. 385, 2/17/2026)

Whenever the Director of Community Development or designee (hereinafter, "Director") reasonably believes a public nuisance exists, he or she may commence abatement proceedings. The Director shall have responsibility for administrating and enforcing this chapter, abating such nuisances on any private property, and causing a written notice to be issued to abate such nuisance.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. Where any provision of this section requires the service of any document, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by first-class mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed to have been completed at the time of deposit in the mail.

B. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

(Ord. 359 § 5, 2023)

The responsible party may abate a nuisance at any time by rehabilitation, repair, removal or demolition. The Director must be advised of the abatement so the Director may inspect the premises to ensure that the nuisance has in fact been abated.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. When the Director determines that a violation of any provision of this chapter is occurring or exists, he or she may issue a written notice to any person responsible for the violation. Any notice to abate issued pursuant to this section must contain the following information:

1. The date and location of the violation;

2. The Code section violated and a description of the violation;

3. A description of actions required to correct the violation;

4. A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);

5. An explanation of the potential consequences of noncompliance with the notice; and

6. A statement of the period and manner in which an aggrieved party may contest the notice to abate as set forth in Section 6.14.007.

B. When the Director intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:

1. The notice to abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline;

2. The City shall serve the notice to abate on all secured lienholders of record with the Orange County Recorder's Office.

C. The notice to abate must be served on each responsible party in the manner required under Section 6.14.004.

D. The provisions of this section do not apply in cases involving emergency abatement.

(Ord. 359 § 5, 2023)

A. An aggrieved party may contest a notice to abate by filing a written request for an appeal with the City Clerk's office within 10 calendar days of service of the notice to abate. For the purposes of this chapter, "aggrieved party" means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

B. A written request for an appeal must contain the following information:

1. Name, address, and telephone number of each responsible person who is appealing the compliance order (hereinafter, "appellant");

2. Address of the real property;

3. Date of notice being appealed;

4. The specific action, decision, or issue being appealed;

5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

6. The signature of the appellant.

C. Failure of the appellant to file a timely, proper appeal is a waiver of the right to appeal the compliance order or other notice issued under this chapter and is a waiver of the right to seek judicial review. In this event, the notice to abate is final and binding.

(Ord. 359 § 5, 2023)

A. The hearing on an appeal of a notice issued under this chapter will be conducted by a hearing officer in accordance with the procedures set forth in Chapter 1.12 of this Code.

B. At the hearing, the hearing officer will consider all relevant evidence from the City and appellant. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice to abate constitutes prima facie evidence of the existence of a violation. Based upon the evidence so presented, the hearing officer must determine whether a public nuisance within the meaning of this chapter exists.

C. If the appellant fails to appear, the hearing officer may cancel the hearing. A cancellation of a hearing due to non-appearance of the appellant constitutes the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice to abate is final and binding.

D. Where an appeal is filed as provided in this chapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this chapter.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. The decision of the hearing officer is final and conclusive.

B. The hearing officer must, within five working days, send a copy of the written notice of decision to the appellant and City determining whether any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. If a public nuisance is determined to exist, then the hearing officer must issue a written notice of decision that contains the following:

1. A finding and description of each nuisance condition existing at the subject property;

2. The required corrective action for each unabated nuisance condition;

3. An order to complete the required corrective action, including a compliance deadline;

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal;

5. A statement that if the nuisance is not abated, it may be removed and abated by the City; and

6. The statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq."

C. The administrative order of the hearing officer is conclusive and is the final administrative decision of the City regarding the notice to abate. The notice of decision must be served in the manner required under Section 6.14.004.

(Ord. 359 § 5, 2023)

If the nuisance is not completely abated by the date specified in the notice to abate or in the hearing officer's order in the event of an appeal, then the Director may immediately cause the same to be abated by City personnel or under private contract. The City and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Director has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

B. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible party with a notice of summary abatement.

C. The notice of summary abatement must be served in accordance with Section 6.14.004 and contain the following information:

1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;

2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard;

3. A brief description of the actions the City took to abate the imminent threat or hazard; and

4. A statement of the period and manner in which an aggrieved party may contest the notice.

D. An aggrieved party may appeal the notice in accordance with the procedures set forth in Section 6.14.007 and Chapter 1.12, except that scope of the appeal is limited to whether the public nuisance constituted an imminent threat or hazard.

(Ord. 359 § 5, 2023)

A. The owner of the premises and any other responsible party shall be liable to the City for all costs incurred by the City in abating a public nuisance or seeking to abate a public nuisance. City personnel must keep an account of all costs, including incidental expenses, incurred by the City in connection with the abatement of a public nuisance by City personnel or private contract. For the purposes of this section, the terms "costs" and "incidental costs" include, but are not limited to, to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.

B. The City must serve a written, itemized report of the nuisance abatement costs upon each person with a recorded interest in the subject property and any other responsible party providing notice of the costs and demanding payment. The notice of abatement costs must contain the following:

1. A demand for timely, full payment of the costs to the City within 45 calendar days of the date of service;

2. A statement that any unpaid amounts may become a lien and special assessment against the property; and

3. A statement that the person so charged may file an appeal with the City Clerk within 10 days as set forth in Section 1.12.060.

C. The person so charged may file an appeal with the City Clerk as set forth in Chapter 1.12. If the notice of abatement costs is appealed, the same procedures as specified in Chapter 1.12 apply, except that scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer's decision may only confirm, discharge or modify the amount of costs. The confirmed abatement costs must be tendered to the City within 30 calendar days of the date of service of the hearing officer's decision. The City may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City's invoice and nuisance abatement costs.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. Pursuant to Section 38773.1 of the Government Code, the City may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, then the City may record a lien against the nuisance property for any unpaid amount.

B. Before recording a lien, the City must serve notice of the lien in the manner required under Section 6.14.004 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with Government Code Section 38773.1(b).

C. The nuisance abatement lien must be recorded in the office of the Orange County Recorder; and from the date of recording, the nuisance abatement lien shall have the force, effect, and priority of a judgment lien, and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

D. The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the address, legal description, and assessor's parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.

E. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees shall be added to the amount of the lien and shall be secured thereby.

F. Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

A. As an alternative to any other lien described in this section or authorized by law, pursuant to Section 38773.5 of the Government Code, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, the City may levy a special assessment against the real property on which the violation occurred.

B. Before levying a special assessment, a notice of special assessment must be served upon all persons or entities with a recorded interest in the subject property in the manner required under Section 6.14.004 at the time the assessment is imposed on the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than 10 days prior to the time set for hearing. In addition, the owner of record must be served in accordance with Government Code Section 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments.

C. The notice of special assessment is entitled to recordation with the Orange County Recorder's office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

(Ord. 359 § 5, 2023)

The owner of any premises within the City has the primary responsibility for keeping said 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.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

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 or remedies available to it under provisions of applicable ordinances, State law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.

(Ord. 171 § 1, 2007; Ord. 359 § 5, 2023)

The following terms used in this chapter shall have the meaning indicated below:

“Commercial bins”

means bins provided by a collector, usually three cubic yards or greater in capacity and designed for the deposit of solid waste, including recyclable solid waste and green waste, charged at commercial rates.

“Commercial vehicle”

means any motorized or non-motorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.

“Habitable space”

means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage, garages, utility spaces, and similar areas are not considered habitable spaces.

“Hen”

means a female chicken that is not a rooster or cockerel.

“Hoarding” or “hoarding conditions”

means the excessive collection or accumulation of items in an unsafe, unsightly, or unsanitary condition. Hoarding often creates such cramped conditions that homes or yards may be filled to capacity, with only narrow pathways winding through stacks of clutter. Hoarding also includes the hoarding of animals, often resulting in dozens or hundreds of pets being kept in unsanitary conditions.

“Infestation”

means the presence, within or contiguous to, a structure or premises of insects, rodents, vermin, or other pests.

“Inoperable vehicle”

means a vehicle that is:

Mechanically incapable of being driven; or

Prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code Section 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety, and related matters.

“Residential uses”

means lands, buildings, structures, or portions thereof used, designed, or intended for use as a home or residence of one or more individuals, and shall include a single detached dwelling, a semi-detached dwelling, a multiple dwelling, an apartment dwelling, and the residential portion of a mixed-use building or structure.

“Vacant property”

means any vacant parcel of land, building or structure on real property in any zone in the City where the responsible person has left such property vacant and unoccupied for a period exceeding 30 calendar days.

“Vehicle”

shall have the same meaning as Section 670 of the California Vehicle Code.

(Ord. 365, 4/16/2024)