Orange
County Property Maintenance Ordinance
In July 2002, the Orange County Board of Supervisors adopted a Property Maintenance Ordinance to complement the County’s ongoing community revitalization efforts and enhance the quality of life in its unincorporated areas. The purpose of the ordinance is to identify property maintenance standards, declare any property that is not maintained or is in such a condition as to be detrimental to the health, safety, or welfare of the public to be a nuisance. The ordinance also establishes procedures for the prosecution and abatement of the nuisance condition. Examples of such nuisance conditions include structures with graffiti or broken windows and the presence of rubbish in view from public roads and right-of-ways. The County’s code enforcement office is responsible for responding to complaints alleging violations of the Property Maintenance Ordinance. Complaints can be filed anonymously on the County’s toll free-code enforcement hotline at (866) 552-8120 or via the internet at http://pdsd.oc.ca.gov/.
ORDINANCE NO. 02-005
AN ORDINANCE OF THE COUNTY OF ORANGE ADDING DIVISION 13 OF TITLE 3 AND AMENDING SECTIONS 3-13-12 AND 3-14-101 AND ADDING SECTIONS 3-14-17 AND 3-14-18 AND RELATING TO PROPERTY MAINTENANCE
The Board of Supervisors of the County of Orange does ordain as follows:
SECTION 1: Division 13 of Title 3 of the Codified Ordinances of the County of Orange is amended to read as follows:
Article 1 PROPERTY MAINTENANCE
Sec. 3-13-1. Purpose.
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.
Sec. 3-13-2. Definitions.
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.
a. 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.
b. Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.
c. 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.
d. 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.
e. Owner of the vehicle. The last registered owner and the legal owner of record.
f. 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.
g. 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.
h. 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.
i. Residentially-developed property. Any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.
j. 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.
k. 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. l. Parkway. The area between any real property line and the edge of the pavement of a public street. m. 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.n. Street. A public street, drive, right-of-way, avenue, highway, place, alley, land, court, or way.
o. 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.
p. 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.
q. Weed abatement official. The Director of Planning and Building or his designated representative.
r. Weeds. Plant material that is noxious or dangerous, and/or dry grass, stubble, brush, or other flammable material that creates a fire hazard.
Sec. 3-13-3. Public nuisance. declared.
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.
Sec. 3-13-4. Prohibited conduct.
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:
a. Operate any business activity in county territory without a business license and appropriate zoning approval.
b. 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.
c. Allow upon any premises under his/her control the placement of any temporary or permanent signs without appropriate zoning and building permit approval.
d. 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.
e. 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.
f. 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.
g. 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:
1) 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.
2) 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.
h. 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.
i. 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.
j. Operate a leaf blower in a manner inconsistent with Article 4, Leaf Blowers of this division.
k. 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).
l. 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).
m. Use any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space.
n. Use a garage, or any portion thereof, as a temporary or permanent living space or as a meeting room.
o. Keep, store, or maintain in any residential zone or on any residentially-developed property any of the following:
1) Construction and/ or business equipment, supplies, materials, or machinery of any type or description;
2) Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or
3) Any other commercial vehicle over 25-feet long or 8 feet in height or 90-inches wide.
p. 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.
q. 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.
r. Maintain an unsafe building or fire hazard as defined in section 7-1-15 of this code.
s. Perform any act or maintain any thing constituting a nuisance within the meaning of Civil Code sections 3479-3503 or Penal Code 370-373a.
Sec. 3-13-5. Violations.
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.
Sec. 3-13-6. Exemptions.
The provisions of this division shall not apply to the following:
a. 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.
b. 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.
c. Vehicles. The parking and storage of vehicles are subject to the provisions in Table 3-13-6(c).
d. Limitation. Nothing in this section shall be construed as authorizing the maintenance of a public or private nuisance.
ARTICLE 2. PROPERTY MAINTENANCE STANDARDS
Sec. 3-13-7. Standards for developed property.
All developed real property in county territory shall be maintained at a level not less than the following standards.
a. Condition of structures. Structures shall not be partially destroyed, abandoned, unsecured, or permitted to remain in a state of partial construction for more than 30 days. Buildings or structures shall not be boarded up for a period in excess of 10 days without a valid demolition or building permit on file, except in compliance with Sections 7-1-18 and following of this Code.
b. Building exteriors and roofs. Exterior building surfaces and roofs shall be maintained free of significant surface cracks, missing materials, warping, dry rot which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.
c. Use of tarps. Excluding emergency repairs, it is prohibited to use tarps for roof and building repairs. Additionally, the use of tarps for vehicle covers, or temporary canopies, enclosures, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
d. Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, fences, and structures shall be maintained in order to prevent decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.
e. Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti pursuant to Division 16 of Title 3 of this Code.
f. Lighting. All exterior light fixtures shall be maintained in good working order free of broken lamps, lens, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.
g. Windows. Broken windows and glass doors and the use of materials other than glass as a replacement or covering of windowpanes are prohibited.
h. Window screens. All window and glass door screens shall be maintained free of tears, rips, and holes. On residential rental properties, window screens are required on all windows.
i. Trash bins. Trash bins or dumpsters shall be kept within an enclosed building, trash enclosure, or screened from public view to the maximum extent feasible. Overflowing trash bins or dumpsters due to inadequate number of bins and/or request for service from the trash hauler is prohibited. Use of commercial trash bins for residential uses in the R-1 zone is prohibited
j. Walls, fences, and trash enclosures. All walls, retaining and crib walls, and fences abutting public rights-of-way (including alleys), and trash enclosures, shall be maintained free of significant surface cracks, dry rot, warping, deterioration, leaning, missing panels or blocks which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.
k. Parking areas, sidewalks. Parking areas, private alleys, driveways, sidewalks, and walkways shall be maintained free of potholes, cracks, breaks, lifting, and other deteriorated conditions.
l. Signs. All signs shall be maintained in order to prevent deterioration, disrepair, and unsightliness.
m. Excavations. Excavations, abandoned wells, shafts, basements, and other holes shall be properly secured to prevent access by unauthorized persons.
n. Landscaping. With the exception of R-1 properties, all landscaping on the property shall be maintained pursuant to Section 7-9-132 and following of this Code. For R-1 properties, all landscaping visible from public rights-of-way shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.
o. Parkway landscaping. In residential areas, the public parkway shall be landscaped and maintained by the adjacent property owner(s). The landscaping shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.
p. Drainage. Onsite drainage improvements shall be maintained in order to prevent deterioration, disrepair, and ineffectiveness.
q. Rodent and vermin control. All property, including landscaped areas, buildings, and structures, shall be maintained free of rodents and other vermin.
r. Outdoor drying. In all residential zones or residential developments, the outdoor airing and/or drying of laundry, clothes, other household linens, or food is permitted only in rear or side yards, provided that the items are not visible from public rights-of-way.
s. Pools. Barrier fencing and gates for swimming pools and spas shall be maintained as required by the California Building Code. Swimming pools and spas shall not contain unfiltered or stagnant water.
t. Address numerals. Street address numerals shall be maintained pursuant to following.
1. Single-family units. Street addresses shall be visible from the public street and may be displayed either on the front door, on the fascia adjacent to the main entrance, or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum 6” in height with not less than ½” stroke and shall contrast sharply with the background.
2. Multi-family units. Street address shall be visible from the public street and shall be displayed on the complex identification sign. If there is no complex identification sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Street address numerals shall be a minimum 6” in height with not less than ½” stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4” in height with not less than ¼” stroke and shall contrast sharply with the background.
3. Non-residential properties. Street address shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum 12” in height with not less than ¾” stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4” in height with not less than ¼” stroke and shall contrast sharply with the background.
Sec. 3-13-8. Compliance responsibility.
Compliance with the standards contained in this article shall be at the sole cost of the responsible party for the real property and shall not limit the remedies or recovery of costs for the abatement of any real property found to be in violation by Board of Supervisors or its designee pursuant to this Code.
ARTICLE 3. MAINTENANCE STANDARDS FOR VACANT PROPERTIES
Sec. 3-13-9. Standards for vacant real property.
a. Mandatory standards. All vacant real property in county territory shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant real property:
1) Graffiti: All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti pursuant to Division 15 of Title 3 of this Code.
2) Rubbish, litter and weeds: All landscaped, concrete, dirt, or paved open areas on the real property and adjoining public parkway shall be kept clear of rubbish, litter, and weeds.
b. Additional standards. When deemed necessary and/or in order to maintain the safety of persons or property, the following standards may also be imposed:
1) Access points: All windows, doors, and other open access features to the structures on the real property shall be boarded up and secured in compliance with the appropriate code standard. All boards visible from the building’s exterior shall be painted to match the building’s exterior.
2) Fencing: The property shall be fenced on all sides along the property line with a chain link fence or other type of secure fencing at a minimum height of 6 feet from grade, or greater, as determined by the code enforcement or building official. The fence shall be properly posted with no trespassing signs, and kept clear of all other signs, except lawfully installed real estate signs for the lease or sale of the property and signs identifying ownership of the property or fencing.
3) Security lighting: All structures which could be used for human habitation shall have an operable and effective exterior security lighting system. The front and rear yards shall each be illuminated with a minimum of one light. The lighting shall be capable of illuminating the structure's exterior so as to be visible from the street or alley from dusk to dawn. However, the lights shall be shielded to avoid lighting adjacent properties.
Sec. 3-13-10. Compliance responsibility.
Compliance with the standards contained in this article shall be at the sole cost of the responsible party for the vacant real property and shall not limit the remedies or recovery of costs for the abatement of any vacant real property found to be in violation by the Board of Supervisors or its designee pursuant to this Code.
ARTICLE 4. LEAF BLOWERS
Sec. 3-13-11. Limited use
a. Residential areas. In residential areas, or within 50 feet thereof, the use of leaf blowers is prohibited except as provided in Section 4-6-7 of this Code during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturdays; and 12:00 noon to 5:00 p.m. on Sundays and legal holidays). b. Maximum noise levels. Notwithstanding provisions of Division 6, Noise Control of Title 4 of this Code, the maximum noise level emitted by leaf blowers shall not exceed 65 decibels and shall not exceed 55 decibels for more than a total of 15 minutes at any given location. The noise level shall be measured at a distance of 50 feet from the leaf blower. c. Dirt, dust, debris. Leaf blower operations shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent street or property, or upon the property on which the leaf blower is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner, to prevent dispersement by wind, vandalism, or similar means. d. Windows and other openings. Leaf blowers shall not be operated within a horizontal distance of 10 feet of any operable window, door or mechanical air intake opening or duct. e. Identification required. Each leaf blower shall have the business name, address, telephone number affixed to it in a clear, identifiable manner. ARTICLE 4.5. CANOPIES Section 3-13-11.5. Use of canopies. The use of canopies is limited to commercial zones or uses specified in Section 7-1-178 of this Code or as more particularly set out in this Article. A conditional use permit is required for any use not designated in that section. For the purposes of this provision, a canopy is defined as a canvas covering or other durable fabric such as denim or polyvinyl, that is designed for use or custom fitted over a metal frame or a frame constructed from some other sturdy material and used for protection, shade, or shelter from the elements and open on at least one side.
a. Non-Residential Properties:
1) Car Washes and Motor Vehicle Detailing Businesses: A maximum of one canopy is allowed on the same premises and in conjunction with a legally established car wash or motor vehicle detailing business provided it complies with all of the following standards:
a) The canopy shall not exceed 25 feet by 50 feet in dimension and 15 feet in height.
b) The canopy shall not be located in any required street or landscape setback area or interfere with the parking lot access and/or vehicular circulation.
c) The canopy shall cover no more than five standard size parking spaces, as defined in Section 7-9-145.4 of this Code.
d) No signage, decals, logos or advertising of any nature shall be allowed on the canopy.
e) The frame of the canopy shall be safely secured to the ground in accordance with the manufacturer’s installation instructions.
f) No electrical wiring and/or lighting, whether permanent or portable, shall be attached to the canopy.
g) The area under the canopy shall only be used for motor vehicle detailing and the temporary parking of operative motor vehicles for services associated with either the car wash or detailing business.
h) The canopy shall be maintained in good condition, and shall be removed, cleaned, or replaced if torn, faded, or dirty.
i) Canopies covering an area of 400 square feet or larger require issuance of a tent permit.
2. New and/or Used Motor Vehicle Dealerships: A maximum of two canopies are allowed in conjunction with a legally established new and/or used motor vehicle dealership, provided the canopy(s) comply with all of the following standards:
a) The canopy(s) shall not exceed 50 feet by 100 feet in dimension, with an aggregate total of 5,000 square feet in area and shall not exceed 25 feet in height.
b) The canopy(s) shall be located within the automobile sales display or service area, and the canopy(s) shall not be located in any required street or landscape setback area or interfere with the parking lot access and/or vehicular circulation.
c) No signage, decals, logos, or advertising of any nature shall be allowed on the canopy.
d) The area under the canopy shall be used only for the temporary parking of operative motor vehicles that are on the premises in conjunction with the business.
e) The frame of the canopy shall be safely secured to the ground in accordance with the manufacturer’s installation instructions.
f) Any electrical wiring and/or lighting, whether permanent or portable, attached to the canopy shall comply with all applicable provisions of the Uniform Electrical Code.
g) Automobile mechanical repair is prohibited under a canopy or on any open parking area. Motor vehicle detailing, not including mechanical repair, is an acceptable use under a canopy.
h) The canopy shall be maintained in good condition, and shall be removed, cleaned, or replaced if torn, faded, or dirty
i) Canopies covering an area of 400 square feet or larger require issuance of a tent permit.
ARTICLE 5. ABATEMENT PROCEDURES
Sec. 3-13-12. Abatement process.
Any violation of the provisions of this Division may be abated or prosecuted as a nuisance using the procedure set forth in Division 14 of this Title.
SECTION 2: Sections 3-14-17 and 3-14-18 are added to Division 14 of Title 3 of the Codified Ordinances to read as follows:
Sec. 3-14-17. Maintaining a nuisance; infraction.
Any person who owns, leases or otherwise controls property on which there exists a nuisance as defined in this article shall be guilty of an infraction and shall be punishable as set forth in section 1-1-34 or 1-1-39 of this Code. However, a subsequent violation of this article by a responsible party as defined in section 3-13-2(m) of this Code, within a period of three (3) years shall be a misdemeanor and shall be punishable as set forth in section 1-1-34 or 1-1-39 of this Code unless a subsequent violation of this article within three (3) years is charged as an infraction.
The term "person" as used in this section includes corporations, partnerships or any other entity or responsible party within the meaning of section 3-13-2(m) of this Code which owns, leases or controls property. Each 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 article is committed, continued or permitted by such person and shall be punishable accordingly.
Sec. 3-14-18. Enforcement.
The Director of the Planning and Development Services Department and such subordinates as the Director may designate may be charged with enforcement of the provisions of the article. In accordance with Penal Code section 836.5, the Director and subordinates are hereby authorized to arrest any person whom they have reasonable cause to believe has committed a violation of this article in their presence.
SECTION 3: Section 3-14-101 of the Codified Ordinances of the County of Orange is amended to read as follows:
Sec. 3-14-101. Nuisance defined.
Any conduct prohibited by Division 13 of this Title is a nuisance and may be abated in the manner set forth in Article 1 of this Division.