Article 1 — PROPERTY MAINTENANCE

The purpose of this division is to identify property maintenance standards, and establish procedures for the prosecution and abatement of public nuisance conditions identified in this division.

(Ord. No. 02-005, § 1, 7-23-02)

The following words and phrases shall, for the purposes of this division, be defined as follows, except where the context clearly indicates a different meaning.

Collection of solid waste. The operation of gathering together and transporting of solid waste to the point of disposal by a solid waste hauler permittee pursuant to Division 3 of Title 4 of this Code.

Commercial vehicle. Any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.

Leaf blower. Portable power equipment powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings, and trimmings from trees and shrubs and other debris.

Inoperative vehicle. A vehicle is inoperative if it is:

(1)

Mechanically incapable of being driven; or

(2)

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

Owner of the vehicle. The last registered owner and the legal owner of record.

Public property. Land, buildings, structures, or fixtures that are owned by a public agency. For the purposes of this division, public property does not include streets.

Recreational vehicle. Any travel trailer, camper, motor home, or trailer (as defined in State Vehicle Code Sections 242, 243, and 630, respectively), or any camper shell or boat.

Residential use. Any property zoned for residential use as provided for in Article 2 of Division 9 of Title 7 of this Code. Sidewalks, parkways, and streets adjacent to residential property shall be considered a residential area for purposes of this division.

Residentially-developed property. Any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.

Rubbish. All waste, which includes but is not limited to:

(1)

Animal or human offal, asphalt, inoperative bicycles and parts, boards, inoperative boats and parts, bottles, boxes, bricks, cans, cartons, cement, cinder blocks, concrete, containers, crates, dirt, doors, equipment, glass, gravel, hoses, lumber, machinery, metal, paint, pallets, paper, pipe, plaster, rebar, rocks, rubber, sand, siding boards, stucco, tile, windows, wire, wood, and other similar material.

(2)

Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees, vegetables and dirt, and firewood piles.

(3)

Rugs, bedding, furniture, utensils, clothing, toys, appliances, household supplies and equipment.

(4)

Vehicle bodies, motors, tires, parts and accessories.

(5)

Any other similar item and material of residential, commercial or industrial nature existing in an unusable, inoperative, discarded or abandoned condition.

On or in front of real property. Includes all areas of the real property including but not limited to the rear, side, or front yard areas, parkways, sidewalks, or on abutting streets in all zones in county territory except for items contained within a receptacle for collection of solid waste pursuant to Division 3 of Title 4 of this Code.

Parkway. The area between any real property line and the edge of the pavement of a public street.

Responsible party. The owner, controlling, operating or managing party, lessee, agent, person, or entity in lawful charge or possession of the property. An entity, corporation, partnership or limited partnership is a responsible party when it performs any of the functions described in this section relating to real property.

Street. A public street, drive, right-of-way, avenue, highway, place, alley, land, court, or way.

Vacant real property. Any vacant parcel of land, building or structure on real property in all zones in county territory where the responsible party has intentionally left such property vacant and unoccupied for a period of time exceeding 30 calendar days.

Vehicle. An automobile, truck, motorcycle, trailer, and any other device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power.

Weed abatement official. The Director of Planning and Development or his designated representative.

Weeds. Plant material that is noxious or dangerous, and/or dry grass, stubble, brush, or other flammable material that creates a fire hazard.

(Ord. No. 02-005, § 1, 7-23-02)

(a)

Developed property. Any property that is not maintained by a responsible party pursuant to Sections 3-13-7 and 3-13-8 of this Code, and is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property, is hereby declared to constitute a public nuisance within the meaning of Civil Code Sections 3479-3503 and Penal Code Sections 370-373a.

(b)

Vacant property. The presence of vacant real property in county territory that is not properly secured, fenced, boarded up, and maintained by a responsible party pursuant to Sections 3-13-9 and 3-13-10 of this Code, and which is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property, is hereby declared to constitute a public nuisance.

(c)

Abandoned, wrecked, dismantled, or inoperative vehicles. The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private or public property not including streets, except as permitted in Section 3-13-6 Exemptions, is hereby declared to constitute a public nuisance.

(d)

Weeds. The presence of weeds growing upon any parkway, sidewalk or on private property within county territory, is hereby declared to constitute a public nuisance.

(e)

Rubbish. The presence of rubbish upon parkways, sidewalks, or private property within county territory is hereby declared to constitute a public nuisance.

(f)

Prohibited acts. Each and every one of the following acts or conditions is hereby declared to be a nuisance for purposes of this division:

(1)

Fire hazards: Any dry or dead shrub, tree, combustible refuse, or waste, or growing material which by reason of its size, manner of growth and location, constitutes a fire hazard to a structure, crop or other property.

(2)

Polluted waters: A swimming pool, pond or other body of water which is abandoned, unattended, 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 animals, reptiles, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition.

(3)

Refuse and waste: The keeping of refuse and waste on any property for a period in excess of seven (7) calendar days. "Refuse and waste" means matter including but not limited to: rubbish, trash, debris of any kind, including but not limited to rubble, broken up asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal and trimmings from plants and trees, cans, bottles and barrels.

(4)

Overgrown or dead vegetation: Vegetation which:

a.

Causes a hazardous condition to pedestrian or vehicle traffic; or

b.

Is likely to harbor rats, vermin and other situations likely to cause a hazard to the public safety.

(5)

Storage of items:

a.

Trailers, campers, boats or motor vehicles present on vacant property or in front yard areas of developed lots other than driveways.

b.

Inoperative, abandoned, wrecked or dismantled vehicles present on any property excepting vehicles or parts thereof, which are completely enclosed within a building. "Vehicle" as used in this section shall be defined as set forth in section 670 of the Vehicle Code.

c.

Broken or discarded furniture and household equipment stored on vacant property or in front yards or side yards visible from a public street on developed lots for periods in excess of seven (7) calendar days. Such items include but are not limited to stoves, refrigerators and water heaters.

(6)

Premises maintenance: Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare in such manner as to constitute a public nuisance as defined by Civil Code sections 3479 and 3480.

(7)

Unsafe buildings and other structures: Existence in any building or other structure of any of the following conditions or defects to a significant degree:

a.

Any door, aisle, passageway, stairway or other means of exit which is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit.

b.

Any portion thereof which has been damaged by earthquake, wind, flood or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of the Building Code for a new building or similar structure.

c.

Any portion or member or appurtenance thereof which is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

d.

Any member, appurtenance or ornamentation on the exterior thereof which is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Building Code without exceeding the working stresses permitted in the Building Code.

e.

The building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, which is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

f.

The building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

g.

The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants or criminals, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

h.

The building or structure is used or intended to be used for dwelling purposes and, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Director of the Health Care Agency, or is likely to work injury to the health, safety or general welfare of those living within.

i.

Any building or structure used for dwelling purposes which has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

j.

Any building or structure, which by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

k.

Any building which meets the definition of substandard buildings in chapter 10, Uniform Housing Code.

l.

Buildings or structures maintained in violation of section 7-1-15 of this Code.

m.

Any unpermitted structure and/or addition or attachment thereto for which a permit is required by this Code and has not been obtained.

(8)

Unsafe swimming pools and other outdoor bodies of water: Any swimming pool or other outdoor body of water maintained in violation of any of the enclosure requirements contained in section 3-9-23.

(9)

Signs: Any signs as defined in section 7-9-40, or advertising device or display as defined in section 7-9-22, erected or maintained in violation of the Uniform Building Code or National Electrical Code as adopted by the County of Orange, or the Orange County Sign Code, commencing with section 7-1-94, or the Orange County Zoning Code, commencing with section 7-9-19.

(Ord. No. 02-005, § 1, 7-23-02)

Except as provided in section 3-13-6, exemptions, it shall be unlawful for any responsible party having charge or possession of any real property in county territory to:

(1)

Operate any business activity in county territory without a business license as required by Title 5 of this Code and appropriate zoning approval.

(2)

Operate any business or other activity in county territory not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the County. This includes, but is not limited to, business tax registration certificates and conditional use permits.

(3)

Allow upon any premises under his/her control the placement of any temporary or permanent signs without appropriate zoning and building permit approval.

(4)

Keep, store, or maintain on or in front of any real property, or in or on any vehicle upon the real property under his/her control any litter, rubbish or weeds, when such material is open to view at street level from a parkway, street, or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property.

(5)

Not maintain any parcel of land, building, or structure on real property in conformance with the standards contained in Article 2, Property Maintenance Standards of this division.

(6)

Permit any parcel of land, building, or structure on real property to remain a vacant real property without properly securing and maintaining the property pursuant to Article 3, Vacant Property Maintenance Standards of this division.

(7)

Allow upon any premises under his/her control the use of any pay telephone that is used as an instrument for or contributes substantially by its presence to any of the following conditions:

a.

Selling or giving away controlled substances (as defined in Division 10 of the State Health and Safety Code); soliciting, agreeing to engage in, or engaging in any act of prostitution; or other criminal activity.

b.

Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to an Alcoholic Beverage Control license.

(8)

Allow upon any premises under his/her control any swimming pool, pond, spa, or other body of water or excavation, which is abandoned, unattended, or unfiltered.

(9)

Allow the disposal or storage of oil, grease, other petroleum products, noxious chemical, hazardous material, human health or safety risk pollutant or contaminant materials, pesticides, or any gaseous, liquid, or solid waste in such a manner to constitute a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties.

(10)

Operate a leaf blower in a manner inconsistent with Article 4, Leaf Blowers of this division.

(11)

Keep, store, or maintain upon any premises under his/her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, except as permitted by Table 3-13-6(c).

(12)

Keep, store, or maintain upon any premises under his/her control any vehicle or recreational vehicle, except as permitted by Table 3-13-6(c).

(13)

Use any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space.

(14)

Use a garage, or any portion thereof, as a temporary or permanent living space or as a meeting room.

(15)

Keep, store, or maintain in any residential zone or on any residentially-developed property any of the following:

a.

Construction and/or business equipment, supplies, materials, or machinery of any type or description;

b.

Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or

c.

Any other commercial vehicle over 25-feet long or 8 feet in height or 90-inches wide.

(16)

Keep, store, or maintain any materials, equipment or objects, including, but not limited to, appliances, furniture, barbecues, plants, toys, or other household items of any kind (except for roof-mounted mechanical equipment with a valid building permit) on rooftops of structures, including, but not limited to, carports and patio covers.

(17)

Install, construct, or maintain any fencing or screening on, about, around, or projecting above rooftops of structures, including, but not limited to, carports and patio covers, without a valid building permit and zoning approval.

(18)

Maintain an unsafe building or fire hazard as defined in section 7-1-15 of this code.

(19)

Perform any act or maintain any thing constituting a nuisance within the meaning of Civil Code sections 3479-3503 or Penal Code 370-373a.

(Ord. No. 02-005, § 1, 7-23-02)

A violation of this division is punishable as set forth in section 1-1-34 and section 1-1-39 and such violation may be established by evidence obtained by the sheriff, building official, code enforcement officer, district attorney personnel or investigators, environmental health, public health or waste management investigators or personnel or their designees.

(Ord. No. 02-005, § 1, 7-23-02)

The provisions of this division shall not apply to the following:

(1)

Construction activities. Any material currently in use in the course of lawful construction, demolition or landscaping on the site; provided, however, that when the construction, demolition, or landscaping on the site exceeds 30 calendar days a permit shall be obtained pursuant to Sections 7-1-18 and following of this Code which shall specify the time for completion of such work.

(2)

Stored materials. Any material contained within a fully enclosed structure or lawfully constructed solid, opaque wall, or fence, and such material is not in a condition as to be detrimental to the health, safety, or welfare of the inhabitants of such real property, the public, or any adjoining property.

(3)

Vehicles. The parking and storage of vehicles are subject to the provisions in Table 3-13-6(c).

(4)

Limitation. Nothing in this section shall be construed as authorizing the maintenance of a public or private nuisance.

Table 3-13-6(c) VEHICLE STORAGE AND PARKING REGULATIONS

RESIDENTIAL ZONES NONRESIDENTIAL ZONES
AND RESIDENTIALLY- (EXCLUDING
DEVELOPED PROPERTY RESIDENTIALLY-
DEVELOPED PROPERTY)

Parking and Storage Options Vehicles Abandoned, Vehicles Abandoned, and wrecked, and wrecked, Recreational dismantled, Recreational dismantled, Vehicles or Vehicles or inoperative inoperative vehicles, or vehicles, or part thereof. part thereof.

Interior storage. Enclosed completely within a building in a lawful manner where P P P P it is not visible from the street or other public or private property

Licensed vehicle dealer. Stored or parked in a lawful manner in connection with • • P P the business of licensed vehicle dealer.

Other lawful business. Stored or parked on a lot pursuant to zoning approval • • P P granted by the County of Orange for that purpose, in connection with the operation of a lawfully-conducted business.

Other residential storage options. Stored or parked on a paved area that meets P 1 • Not Not the following criteria: applicable applicable a. A paved area that is not within the required building setback area abutting a public street, excluding alleys; and, b. Screened by a 6-foot high 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 contained in the County of Orange Zoning Code. A building may also serve to screen the storage area. c. The exception to subparagraphs a. and b. above is that a vehicle may be stored or parked on a paved driveway connecting a garage or carport with a public or private street.

Other Nonresidential storage options. Stored or parked on a paved area that Not Not P • meets the following criteria: applicable applicable a. A paved area that is not within the required building setback area abutting a public street, excluding alleys; and, b. Screened by a 6-foot high 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 contained in the County of Orange Zoning Code. A building may also serve to screen the storage area.

Stored or parked on any unpaved surface, except as permitted above. • • • •

P = Permitted

• = Prohibited

Excludes buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide, except as allowed in section 20-6(a).

(Ord. No. 02-005, § 1, 7-23-02)