Chapter 9-74
PROPERTY MAINTENANCE*
Sections:
9-74.020 Definitions. Revised 7/18
9-74.030 Maintenance standards—General.
9-74.040 Adherence to plans and conditions.
9-74.050 Property maintenance standards. Revised 7/18
* Prior history: Ords. 2001-5 and 98-8; prior code §§ 9-35.010—9‑35.050.
9-74.010 Purpose and intent.
The purpose of this chapter is to establish minimum property maintenance standards and provide regulations that maintain clean, aesthetic, functional and well designed neighborhoods within the city. (Ord. 2005-3 § 2 (Exh. D (part)))
9-74.020 Definitions.
As used in this chapter, the following terms shall have meanings as set forth below:
“Abandoned” means and refers 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:
1. Present operability and functional utility;
2. The date of last effective use;
3. The condition of disrepair or damage;
4. The last time an effort was made to repair or rehabilitate the item;
5. The status of registration or licensing of the item;
6. The age and degree of obsolescence;
7. The cost of rehabilitation or repair of the item versus its market value;
8. The nature of the area and location of the item.
“Backyard beekeeping administrative regulations” means administrative regulations established by the Community Development Director intended to provide guidance, instruction, and operational requirements to avoid nuisance issues arising from improper siting or management of an apiary due to lack of knowledge or neglect. Such regulations are maintained by the Community Development Department and may be amended from time to time by the Community Development Director, as needed.
“Bee” means any stage of the common domestic honey bee (Apis Mellifera).
“Dismantled” means that from which essential equipment, parts, or contents have been removed stripped and the outward appearance verifies the removal.
“Fire hazards” means any dry or dead shrub, tree, combustible refuse, trash or material, which by reason of its size, manner or growth and location, constitutes a fire hazard to a structure or other property.
“Hive” means a structure for housing a bee colony.
“Outdoor sale (display) of merchandise” means the temporary display of goods and merchandise for sale, outside a building, on premises in a non-residential zone.
“Outdoor storage” means:
1. An inoperative vehicle, non-functioning, wrecked or dismantled vehicle present on any premises, for a consecutive period of more than seventy-two (72) hours, 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 California Vehicle Code. An “inoperative vehicle” includes, but is not limited to, vehicles, which cannot be immediately started and driven due to the lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning system or parts, a lack of one or more wheels or tires. This section shall not apply to a vehicle or part hereof which are in connection with a lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a junkyard;
2. 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 lot for a consecutive period of more than seventy-two (72) hours;
3. The keeping, in an unenclosed area, of any: goods; material; merchandise; oversized vehicle, vehicle, as defined in Section 670 of the California Vehicle Code, whether motorized or nonmotorized; wrecked vehicle; unregistered vehicle(s); temporary tent, canopy or car (tent) cover; trailer; airplane, camper, shell, boat, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tent; building or manufacturing materials on any lot area for a consecutive period of more than seventy-two (72) hours. An “unregistered vehicle” includes, but is not limited to, vehicles not having valid Department of Motor Vehicles (DMV) registration to legally operate on the street or highway. This section shall not apply to a passenger vehicle, as defined in Section 465 of the California Vehicle Code, which has current vehicle registration and is in operative condition lawfully parked on the driveway of an occupied single-family detached dwelling;
4. Exception. Building materials for use on the same premises may be stored temporally on the premises during the time that a valid building permit is in effect and materials are being used in construction.
“Overgrown/dead vegetation” means vegetation which causes hazardous conditions to pedestrian(s), vehicle traffic and is likely to harbor rats, vermin or other rodents which are likely to cause a hazard to public health and safety.
“Polluted waters” means a swimming pool, pond or other body of water, which is abandoned, unattended, or not otherwise, maintained, resulting in water becoming polluted. Polluted water is likely to contain 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.
“Premise” means any privately owned building, lot, parcel, real estate, or land, or portion of land whether improved or unimproved, including adjacent streets, sidewalks, parkways, and parking strips, fences, walls, landscaping, water, earth, and any other structures or natural features.
“Refuse and waste” means matter including, but not limited to, rubbish, trash, feces, debris of any kind, broken up asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal, salvage materials, lumber, sand, paper, glass, equipment, trimmings, clippings, cuttings from lawns, rugs, appliances, household supplies, vehicle bodies, tires, cans, bottles and barrels.
“Requeen” means to replace the queen bee in a colony with a new queen. This is usually done to prevent swarming (in the case of older queens) and/or if Africanization of the colony is suspected.
“Wrecked” means that which has an outward manifestation or appearance of damage to parts and contents, which is essential to operation. (Ord. 2018-3 § 8; Ord. 2014-4 § 4; Ord. 2005-3 § 2 (Exh. D (part)))
9-74.030 Maintenance standards—General.
All premises within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition. This section applies to buildings, paving, fences, walls, landscaping, water, earth and any other structures. (Ord. 2005-3 § 2 (Exh. D (part)))
9-74.040 Adherence to plans and conditions.
Premises that were improved in accordance with city or county-approved plans and conditions shall be maintained consistent with those approved plans and conditions. (Ord. 2005-3 § 2 (Exh. D (part)))
9-74.050 Property maintenance standards.
Any person owning, leasing, occupying or having charge of any residential, commercial, business park, office, educational, vacant or other premises within the city shall maintain such premises in the following matter:
A. Building Exterior Maintenance. Surfaces and roofs shall be maintained and painted, free of significant cracks, missing materials and/or warping due to dry rot, pest infestation which either threaten the structural integrity or result in a dilapidated, decaying or partially ruined appearance and/or a state of disrepair. Doorways, walkways and front porches shall be maintained to prevent the accumulation of dirt, trash, rubbish and/or debris.
B. Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, and structures shall be maintained to prevent decay, excessive cracking, peeling that renders structures unsound or unsightly.
C. Parking Areas, Parking Lots and Private Sidewalks. Private parking areas, private parking lots, private sidewalks and other vehicular and pedestrian access and travel areas shall be maintained free of potholes and/or deteriorated conditions. Striping shall be visible. Such areas shall also be maintained free of refuse and waste. On-site parking lots and required off-street parking shall not be utilized for outdoor storage of oversized commercial vehicles, except as allowed by discretionary approval, unhooked trailers, wrecked/dismantled vehicles, abandoned equipment and temporary tents/covers.
D. Maintenance of Yards and Landscaping. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, mowing and trimming to prevent weeds, overgrown, diseased, and dead vegetation. The premises shall also be maintained to prevent the following conditions:
1. Vegetation that is an obstruction to the vision of motorists;
2. Vegetation that encroaches into, over or upon any public right-of-way including, but not limited to streets, sidewalks and alleys that endangers public safety or property or public travel.
E. Signs. Signs shall be maintained to prevent deterioration, disrepair and shall be legible and in good condition. Abandoned, covered signs of signs pertaining to occupants or activities no longer using the property are prohibited. In circumstances where signs have been removed, the building or structure upon which the sign was affixed shall be restored to its original, pre-sign, condition.
F. Windows. Broken, ripped or torn window screens. Broken windows constituting hazardous conditions and boarded up windows for more than thirty (30) days, except buildings that have sustained major fire damage within the past six months.
G. Outdoor Storage. Except as provided otherwise in this code, outdoor storage, as defined in this chapter as well as Section 9-04.150, is prohibited within all zoning districts.
H. Vehicle Parking. Parking on unpaved areas and/or within required landscaped areas on such premises is prohibited.
I. Use of Tarps. Excluding emergency repairs, no tarps shall be used for roof covers, vehicle covers, temporary outdoor work areas or enclosures.
J. Trash Bins. Overflowing trash bins or dumpsters are prohibited.
K. Obnoxious Odors. Fumes and/or obnoxious odors caused by the keeping and/or storage of debris, refuse or waste on any premises is prohibited.
L. Accumulation of Refuse and Waste. All premises shall be maintained to prevent accumulation of refuse and waste, and stockpiling of litter, dirt and debris. This includes but is not limited to the keeping of abandoned, broken or neglected appliances, such as refrigerators, skateboard ramps, construction equipment or household furniture.
M. Vehicle as Residence. No vehicle or camping trailer shall be used either temporarily or permanently for sleeping or living purposes on any lot zoned for single-family or multiple-family uses.
N. Use of Garage. Use of a garage, or any portion thereof, as a temporary or permanent living space or as a sleeping room is prohibited.
O. Maintenance of Polluted Waters. All properties shall be kept free and clear of polluted waters. All fishponds, fountains, or other water features shall contain mosquito fish or other mosquito abatement measures recommended by the Orange County Vector Control District.
P. Outdoor Sale/Display of Merchandise. There shall be no outdoor display, storage, or sales or merchandise, except where specifically permitted pursuant to Chapter 9-62.
Q. Overgrown Vegetation and Fire Hazards. Premises shall be kept in a neat and maintained manner, free of any overgrown vegetation which is likely to harbor vermin and endanger the health and safety of the public. All properties shall be kept free and clear of all fire hazards, including but not limited to dry/dead vegetation, accumulation of dry piles of branches and leaves and large amounts of on-site debris.
R. Maintenance of Fences and Walls. All fences and walls upon any premises that are maintained in the following manner:
1. Missing or broken fence boards or blocks;
2. Substantial areas of deterioration including dry rot, broken or missing pieces, holes or warped or leaning fences.
S. Apiaries. The keeping of bees or hives in a manner that through action or inaction allows for any of the following conditions to occur is prohibited:
1. Apiaries in zoning districts in which “apiary” is not a permitted use.
2. Apiaries which are not registered with the Community Development Department of the city.
3. Bees that exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.
4. Bees that swarm due to failure to requeen or without response to contain or relocate such bees within three days.
5. Bees that swarm without response to contain or relocate within twenty-four (24) hours.
6. Apiaries that do not conform to the backyard beekeeping administrative regulations.
7. Hive abandonment by resident bees or by the owner.
8. A complaint is received from a person residing on an abutting property with proof of a medically certified severe allergy (anaphylaxis) to the sting of honey bees within ten days of notice from the city that an applicant intends to keep bees on the property.
9. Apiaries that consist of more than four hives on private property.
10. Apiaries on private property that are maintained and operated for primarily commercial purposes. (Ord. 2018-3 § 9; Ord. 2005-3 § 2 (Exh. D (part)))
9-74.060 Violations.
It is unlawful for any person to violate any provision or fail to comply with any of the property maintenance standards. Any person violating such provisions or failing to comply with any of the standards shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter occurs. Notwithstanding the above, any such violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. (Ord. 2005-3 § 2 (Exh. D (part)))