Chapter 8.04

• A. In order to further the stated goals of the City of Orange 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 injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, the City Council has determined that an ordinance is necessary to effectively abate or prevent the development of such conditions in this community.

• B. State law specifically authorizes the City to determine what constitutes a nuisance. It is the intention of the City Council, in adopting this ordinance, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and a reasonable opportunity to correct them; and finally, in the event the nuisance is not corrected, 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 the provisions of this chapter to provide a just, equitable and practical method to abate and correct nuisances. This chapter shall be cumulative with and in addition to any other remedy available at law. Nuisances consists of lands, buildings, structures, and fences which are maintained or erected in violation of state or other local laws, or are otherwise dilapidated, unsafe, unsanitary, cluttered with weeds, overgrown vegetation, debris, or abandoned machinery or equipment, and constitute a detriment to the health, safety and the general welfare of the people of this City.

• D. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and provides that such conditions are unlawful and that violations are punishable pursuant to Chapter 1.08 of the Orange Municipal Code.

• (Prior code 9701; Ord. 6-77; Ord. 16-97)

• A. Each of the following conditions is declared to constitute a public nuisance, and whenever the Hearing Officer of Building Board of Appeals determines that any of such conditions exist upon any premises they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property:

  1. Any public nuisance known in law or in equity;

  2. Buildings which are abandoned, partially destroyed, or unsafe as defined in the Orange Municipal Code or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any partially constructed building or structure which has not requested or had conducted an inspection under a valid building permit within the prior six months, and where their appearance or value and other conditions substantially detract from the appearance of the surrounding property;

  3. Buildings which are unpainted or which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation so as to render the buildings unsightly and in a state

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

HEALTH AND SAFETY

§ 8.04.020

§ 8.04.020

of disrepair;

4. Buildings, structures or fences erected and/or maintained in violation of the Orange Municipal Code, including Title 17 and Title 15;

5. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

6. Building exteriors, walls, fences, driveways, sidewalks, walkways, and other property which are maintained in such condition as to become defective, unsightly, or in such condition of deterioration or disrepair that they are significantly detrimental to or have caused depreciation of the values of surrounding property;

7. Lumber, dirt, junk, trash, salvage materials, rubble, broken asphalt, concrete, water containers, scrap metal or other debris stored on a property such that they are visible at ground level from a public street, alley or adjoining property;

8. Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation which may constitute a hazard for children;

9. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property;

10. Construction equipment, supplies, materials, or machinery of any type or description parked or stored in any zone other than the "Manufacturing, Industrial, and Commercial" districts, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property;

11. Lack of maintenance of signs relating to uses no longer conducted or products no longer sold on the property;

12. Vehicles parked in the required front setbacks in a residential zone except when such vehicles are operative, have current licensing and are parked on a paved drive approach to a required garage or carport;

13. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard;

14. Dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which are likely to harbor rats or vermin, or constitute an unsightly appearance, or be a fire hazard or is detrimental to neighboring properties or property values;

15. Clotheslines in front yard areas and in side yard areas of corner lots unless screened

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA § 8.04.020

ORANGE CODE

§ 8.04.040

from view by a solid fence;

16. Any property with oil or other hazardous material flowing onto public rights-of-way, or significant accumulations of grease, oil or other hazardous material;

17. Any landscaped setback areas which lack appropriate turf or plant material so as to cause excessive dust, allow the accumulation of debris, or to cause significant depreciated values of adjacent or neighborhood properties;

18. Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to persons using such public ways;

19. A swimming pool, pond or other body of water which is 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 animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature or location, constitutes an unhealthy or unsafe condition.

20. Poorly maintained artificial turf, which may include but not be limited to the following characteristics: faded; unnatural appearance; stains; rips; tears; weeds; debris; impressions; has improper water drainage forming small ponds that could be attractive to vectors; or torn panels or rolls causing an unsecure or unsafe surface.

(Prior code 9704; Ord. 6-77; Ord. 16-97; Ord. 7-04; Ord. 9-09, 2009)

It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the conditions set forth in Section 8.04.020 shall exist. The procedures for abatement set forth in this chapter shall not be exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the City from enforcing other City ordinances or provisions of the Orange Municipal Code or from abating public nuisances in any other manner provided by law. (Prior code 9704; Ord. 6-77; Ord. 16-97)

For purposes of this chapter the term "abandoned" shall, in addition to such other definitions that may be provided by law, mean and refer to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:

• A. Present operability and functional utility;

• B. The date of last effective use;

• C. The condition of disrepair or damage;

• D. The last time an effort was made to repair or rehabilitate the item;

• E. The status of registration or licensing of the item;

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

HEALTH AND SAFETY

§ 8.04.040

§ 8.04.080

• F. The age of the item and degree of obsolescence;

• G. The cost of rehabilitation or repair of the item versus its market value;

• H. The nature of the area and location of the item. (Ord. 16-97)

The terms "owner" and "property owner," as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City. (Prior code 9703; Ord. 6-77; Ord. 46-85; Ord. 16-97)

Upon determination by the Chief Building Official that any premises within the City are maintained in such a manner as to constitute a public nuisance, a hearing shall be conducted to ascertain whether the same constitutes a public nuisance. The notice of hearing shall be served as provided in this chapter and shall describe the premises involved by street address, legal description or assessor's parcel number, shall give a brief description of the conditions constituting the nuisance, and a brief statement of the proposed methods of abatement. The City Manager shall appoint a hearing officer who may be an uninvolved department head or other person who is deemed qualified. The notice shall advise the owner what corrections need to be made to avoid a public hearing, may suggest methods for correction, and shall provide a reasonable period to make those corrections.

(Prior code 9704; Ord. 6-77; Ord. 16-97)

The City Clerk shall cause the notice of the hearing to be mailed to the owner of the affected premises by providing a certified copy of the notice of the time, date and place of the hearing and of the appointment of the hearing officer. Such service shall be made by registered or certified mail, addressed to the owner at the owner's last known address as shown on City records or the last equalized tax roll, which ever appears to be the more reliable address. The City Clerk shall, when possible, cause the property to be conspicuously posted with the notice, and such posting shall constitute adequate service in the event that mailed notice is not delivered for any reason. The notice shall be mailed or posted so as to give at least 10 days notice of the hearing. Failure to post the notice shall not be deemed to constitute defective notice under this chapter. (Ord. 46-85; Ord. 16-97)

The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

A hearing will be held on __________ at __________ (time) in Conference Room __________, at City Hall, 300 East Chapman Avenue, Orange, before the __________, acting as hearing officer, to determine if the premises at __________ constitutes a public nuisance.

The conditions constituting the public nuisance include the following:__________

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

ORANGE CODE

§ 8.04.080

§ 8.04.100

A hearing may be avoided if the following corrections are made and proof of such corrections is provided to the satisfaction of the Chief Building Official at least two days before the date set for the hearing: __________

If it is determined that the property constitutes a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action: __________

If abatement action is taken by the City the costs of the abatement may be assessed against the property and a lien will attach 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.

(Ord. 16-97)

At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property. Formal rules of evidence shall not apply. All meetings shall be taped. The hearing may be continued from time to time. Within five working days of the conclusion of the hearing, the hearing officer shall determine whether the premises constitutes a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such declaration shall contain a detailed list of needed corrections or abatement methods. A copy of the declaration shall be mailed to the owner in the same manner as the notice of hearing.

(Ord. 46-85; Ord. 16-97)

Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the Building Board of Appeals by filing an appeal with the City Clerk within 10 days of the date of being first apprised of those determinations and by paying the appeal fee set forth by resolution of the City Council. The Building Board of Appeals shall set a hearing date within a reasonable time following the filing of the appeal. The appeal shall specify:

• A. A description of the property;

• B. The abatement proceedings appealed;

• C. The owner's legal or equitable interest in the property;

• D. A statement specifying that portion of the proceedings that are being appealed and the reasons therefor; and

• E. A verification of the truth of all matters asserted.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

HEALTH AND SAFETY

§ 8.04.100

§ 8.04.140

The Building Board of Appeals may limit the issues on appeal, shall consider the administrative record, and may allow additional evidence to be produced. The hearing officer shall furnish the administrative record. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In said notice the appellant will be apprised of the scope of the appeal. The decision of the Building Board of Appeals shall be the final and binding action and the property owner shall be so notified of its determinations.

(Ord. 16-97)

If the nuisance is not completely abated by the date specified in the hearing officer's declaration, or in the Building Board of Appeals' determination, as appropriate, the Chief Building Official may immediately cause the same to be abated by City personnel or under private contract in accordance with the law. The hearing officer or the Building Board of Appeals are also authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement, including administrative costs. (Ord. 16-97)

City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of abating the nuisances on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the Chief Building Official by showing the cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto.

The term "incidental expenses" shall include but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work and the costs of printing and mailing required hereunder. To be entitled to assess administrative costs, the procedures set forth in Government Code Section 38773.1 shall be followed. The City may also elect to pursue its attorneys fees in nuisance abatement actions pursuant to the procedures set forth in Government Code Section 38773.5 which allows such an award to the prevailing party.

(Ord. 16-97)

The cost of abatement may be made a lien against the property as set forth in Government Code Section 38773.1 or its successor. As an alternative, such costs may institute a special assessment as set forth in Government Code Section 38773.5 or its successor. (Ord. 16-97)

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

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA § 8.04.140

ORANGE CODE

§ 8.04.160

(Ord. 16-97)

The owner of any premises within the City has the primary responsibility of keeping his or her 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. 16-97)

The following procedures are adopted from California Vehicle Code Section 22660 et seq. and are established as the procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property, not including highways, and for the recovery of costs of such abatement and removal. The following procedures are to be used compatibly and in conjunction with the foregoing sections of this chapter, but shall take precedence wherever a conflict occurs.

• A. In addition to any other notice provided in this chapter, at least 10 days' notice shall be sent to the last registered and legal owner of record, by registered or certified mail, unless the vehicle is in such condition that ownership cannot be ascertained.

• B. The notice of determination and declaration set forth in Sections 8.04.070 and 8.04.080 shall include a description of the vehicle, identification number and license number of the vehicle if available. The notice of determination and ruling shall be served on both the owner of the premises and the registered and legal owners of the vehicle, if known.

• C. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land along with his or her reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner. Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard or any suitable site operated by the City for processing scrap or by any other final disposition consistent with these provisions.

Any person authorized by the City to administer this chapter may enter upon private property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of the vehicle and to remove or cause the removal of any vehicle or part thereof declared to be a nuisance pursuant to this chapter. Warrants shall be obtained when required by law.

A certified copy of the order of disposition of the vehicle or parts thereof shall be given to and retained by any person or commercial organization making a final disposition of the vehicle or parts thereof and said order shall be retained by them in their business records.

• D. This chapter shall not apply to a vehicle or other personal property mentioned herein which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or other personal property which is stored or parked in a lawful manner on private property in connection with the business of

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

HEALTH AND SAFETY

§ 8.04.160

§ 8.04.170

a licensed dismantler, licensed vehicle dealer or a junk yard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of this chapter or any other law.

• E. Within five days after removal of any motor vehicle under this chapter, notice shall be given to the Department of Motor Vehicles of the date of removal, disposition thereof and identity of the vehicle or parts. In addition, all evidence of registration available including registration certificate, license plates and certificates of title shall be forwarded to the Department of Motor Vehicles as soon as possible.

• (Ord. 16-97)

The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this chapter is guilty of a misdemeanor and every day of the violation shall constitute a separate and distinct offense. Any unauthorized person who removes any notice or order posted as required by this chapter is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the City or other authorized person who has been ordered to abate or otherwise remedy the nuisance. (Prior code 9707; Ord. 6-77; Ord. 1-80; Ord. 16-97)

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA § 8.06.010

HEALTH AND SAFETY

§ 8.06.020