6306ORDINANCE NO. 6306
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
AND RESTATING SUBSECTION .010 OF SECTION 1.01.389
OF CHAPTER 1.01 OF TITLE 1 AND SECTIONS 6.44.010,
6.44.150 AND 6.44.180 OF CHAPTER 6.44 OF TITLE 6 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
NUISANCES.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2) and 15060(c)(3)
of the State of California Guidelines for Implementation of the California Environmental Quality
Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA
Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a project as defined in Section 15378 of the CEQA
Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety or
welfare and is in accord with the public purposes and provisions of applicable State and local
laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Subsection .010 of Section 1.01.389 (Enforcement of the Code Community Preservation
Manager Inspections and Reinspections — Fees) of Chapter 1 (Code Adoption and
Construction) of Title 1 (Administration) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated, to read in full as follows:
.010 The Community Preservation Manager and Community Preservation
Officers shall have the duty and authority to enforce Titles 2, 3, 4, 5, 6, 7, 8, 10,
11, 12, 13, 14, 15, 16, 17, and 18 of the Anaheim Municipal Code; Sections
17560 through 17568, and Sections 22435 through 22435.5 of the California
Business and Professions Code; Sections 374.3, 594 and 594.1 of the California
Penal Code; Sections 17920.3, 17926 and 13113.7 of the California Health and
Safety Code; and Section 6404.5 of the California Labor Code; and are further
authorized and directed, pursuant to Section 836.5 of the California Penal Code
and Section 1.01.390 of the Anaheim Municipal Code, to investigate violations, to
arrest persons, to prepare, issue and deliver to any such arrested person written
notice to appear in court, and to release such person from custody, upon receiving
his or her written promise to appear in court for any violation or violations of
these provisions of the Anaheim Municipal Code and of State law.
SECTION 2.
Section 6.44.010 (Nuisances) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and
Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to
read in full as follows:
6.44.010 NUISANCES.
It is hereby declared a public nuisance for any person to perform any of the
following acts or cause any of the following conditions to exist, or for any person
owning, leasing, occupying or having charge or possession of any premises in this
City to maintain such premises in such manner that any of the following
conditions are found to exist or the following acts are found to have been
committed thereon:
.010 Fire Hazards. The presence of any dry or dead shrub, palm frond or tree,
combustible refuse or waste, or any growing material which by reason of its size,
manner of growth or location constitutes a potential fire hazard to a building,
structure, crop or other property.
.020 Public Burning. The intentional outdoor burning of any material,
structure, matter or thing unless specifically authorized by the Anaheim Fire
Marshal.
.030 Refuse and Waste. The keeping of any refuse or waste on any property
for a period in excess of three (3) consecutive days. "Refuse or waste" shall
include, but is not limited to, the following:
.0301 Any rubbish, refuse, trash or debris of any kind including without
limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building
materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap
metal or other pieces of metal, trimmings from plants or trees, cans, bottles or
barrels; or
.0302 The accumulation of any garbage or refuse, human or animal excrement
or fecal material, uneaten food or food wastes, waste matter or material that emits
an offensive odor or encourages the breeding of flies or other insects.
.040 Polluted Water. A swimming pool, spa, pond or other body of water
which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting
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in the water being or becoming polluted water. "Polluted water" means water in a
swimming pool, pond or other body of water containing bacterial growth, algae,
remains of insects or deceased animals, rubbish, refuse or waste, debris, papers, or
any other foreign matter or material which, because of their quantity or nature,
constitute an unhealthy, unsafe or unsightly condition or obscure the bottom of
the swimming pool, spa, pond or other body of water.
.050 Improper Storage. The storage or maintenance upon any property of any
of the following:
.0501 Motor vehicles, trailers, campers, boats, or other mobile equipment
within any front yard area as defined in Title 18 of this Code, excluding
driveways.
.0502 Inoperative, abandoned, wrecked or dismantled motor vehicles or parts
thereof upon any property for a period in excess of ten (10) consecutive days.
"Motor vehicle" as used in this chapter shall be defined as set forth in Section 670
of the California Vehicle Code. An "inoperative motor vehicle" includes, but is
not limited to, vehicles which cannot be immediately started and driven due to a
lack of fuel, lack of necessary parts, a malfunctioning engine or other
malfunctioning systems or parts, a lack of one or more wheels or tires or a
complete or nearly complete lack of air in any of the vehicle's tires. This section
shall not apply to a vehicle or part thereof which is completely enclosed within a
building in a lawful manner or where it is not visible from a street or other public
or private property. This section shall also not apply to a motor vehicle or part
thereof which is stored or parked in a lawful manner on private property in
connection with the lawfully authorized and permitted business of a licensed
dismantler, licensed vehicle dealer or a junkyard; provided, however, that this
exception shall not authorize the maintenance of a public or private nuisance as
defined under provisions of law other than this Section.
.0503 Abandoned, broken or discarded furniture, household appliances or
equipment visible from a public street or other public or private property for a
period in excess of three (3) consecutive days.
.0504 Garbage cans or refuse and recyclable receptacles as described in
Section 10.10.030 in front or side yards and visible from a public street, except as
permitted by Subsection .020 of Section 10. 10.050 of this Code.
.0505 Furniture, other than lawn or patio furniture, on porches, or in required
front or side yards for a period in excess of three (3) consecutive days.
.060 Clothes Hanging. To place, maintain, hang, dry or air out clothing,
household fabrics or laundry on or from any manmade or natural device,
including, but not limited to clotheslines, fences, open windows, balconies, trees
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or shrubbery, in a front or side yard that is visible from a street or other public
property.
070 Improper Maintenance.
.0701 Maintenance of any property including, but not limited to, building
exteriors and structures, in such condition as to become so defective, unsightly, or
deteriorated as to cause, in the estimation of the Building Official or the
Community Preservation Manager, substantial detriment to neighboring
properties and improvements.
.0702 Maintaining property where any building exists in any of the following
conditions:
.01 Maintaining property where any building has been boarded up for a period
in excess of three (3) consecutive days without a valid demolition or building
permit on file with the Anaheim Building Division to abate said boarded up
condition.
.02 Maintaining property where any building has been left open and unsecured
from trespassers, children or vandals for a period in excess of three consecutive
days.
.03 Maintaining property where any building, vacant or occupied, has been left
in a state of partial construction and where, for three (3) consecutive days or
more, no current (unexpired) building permit was on file with the Anaheim
Building Division to complete said construction.
.0703 Maintaining property with any building in a condition of significant
deterioration or disrepair, including, but not limited to, buildings with crumbling
plaster or stucco, peeling paint/lack of paint, broken or inoperable doors or
windows, insufficient weatherproofing, water or other structural damage, or
broken, cracked, rotted or buckled exterior walls or roofs.
.0704 Maintaining property with defective or insufficient lighting so as to
render it dangerous or detrimental to the public health, safety or welfare for a
period in excess of three (3) consecutive days.
0705 Maintaining property with overgrown vegetation which:
.01 Causes detriment to neighboring properties or obstructs pedestrian and/or
vehicular traffic;
02 Is likely to harbor rats, vermin or other nuisances;
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.03 Prevents, impedes or otherwise restricts access to electric, water or gas
meters, or to any other public equipment or facilities, by persons representing the
City of Anaheim or any other utility requiring or seeking access thereto; or
.04 Causes visual obstruction of any street sign and/or light so as to be
detrimental to the public health, safety or welfare.
0706 Maintaining property with any type of dead vegetation.
.0707 Maintaining property on which there exists an encroachment in required
yard areas which is not specifically permitted under this Code.
.0708 Maintaining property with attractive nuisances dangerous to children in
the form of -
0 1
£
O1 Abandoned and broken equipment;
.02 Hazardous or unfenced pools, spas, pondsother bodies of water or
excavations; or
03 Neglected, unsecured or abandoned machinery.
.0709 Maintaining 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 by Civil Code Section 3480.
.0710 Maintaining property where any device, decoration, design, fence,
vehicle or structure, by reason of its condition, is unsightly or is deteriorated or
maintained in a state of disrepair.
.080 Graffiti. Permitting or allowing any graffiti to remain on any property,
including, but not limited to, any building, wall, fence, vehicle or structure for a
period in excess of twenty four (24) hours.
.090 Unsafe Buildings and Other Structures. Any building, driveway or
structure which has any of the following conditions or defects:
.0901 Whenever any door, aisle, passageway, stairway, or other means of exit
is not of sufficient width or size, is not maintained, or is not so arranged as to
provide safe and adequate means of exit, in case of fire or panic, for all persons
housed or assembled therein who would be required to, or might use such door,
aisle, passageway, stairway or other means of exit.
.0902 Whenever any portion thereof has been damaged by earthquake, wind,
flood, or by any other cause, in such a manner that the structural strength or
F
stability thereof is appreciably less than the minimum requirements of this Code
for a new building of similar structure, purpose or location.
.0903 Whenever any portion or member or appurtenance thereof is likely to
fall, or to become detached or dislodged, or to collapse and thereby possibly
injure persons or damage property.
.0904 Whenever any building, portion of a building, or any structural member,
appurtenance or ornamentation on the exterior thereof 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 Standards Codes, as adopted by Title 15 of this Code, without
exceeding the working stresses permitted in the Building Standards Codes.
.0905 Whenever any portion thereof has settled to such an extent that walls or
other structural portions have materially less resistance to winds or earthquakes
than is required in the case of new construction.
.0906 Whenever 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 is likely to
partially or completely collapse, or some portion of the foundation or
underpinning is likely to fall or give way.
.0907 Whenever, for any reason whatsoever, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it is used.
.0908 Whenever the building or structure has been so damaged by fire, wind,
earthquake, flood, or other calamity, 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 trespassers, homeless persons, vagrants,
criminals or immoral persons, or as to enable persons to resort thereto for the
purpose of committing a nuisance or unlawful or immoral acts.
.0909 Any building or structure which has been constructed or which now
exists or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure of the building regulations of this City as
set forth in the Building Standards Codes or California Health and Safety Code,
or of any law or ordinance of this State or City relating to the construction,
condition, location or structure of buildings.
.0910 Whenever a building or structure, used or intended to be used for
dwelling purposes, 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 caue sickness or disease as determined by the
0
Community Preservation Manager or the State or County Health Officer, or is
likely to cause injury or be detrimental to the health, safety or general welfare of
those living within.
.0911 Whenever the building or structure, used or intended to be used for
dwelling purposes, has light, air, and sanitation facilities inadequate to protect the
health, safety or general welfare of persons living within.
.0912 Whenever any building or structure, 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.
.0913 Any building which meets the definition of a substandard building in the
California Health and Safety Code.
.0914 Any building that does not conform to fire resistive requirements of the
Building Standards Codes or the California Fire Code, as adopted by Title 16 of
this Code.
.0915 Any sidewalk/walkway, driveway or parking lot which is debilitated,
broken, damaged, or raised to such a degree as to be unsightly if it can be viewed
from public property, or to be injurious to property or injurious to persons using
said sidewalk/walkway, driveway or parking lot.
100 Improper Uses. The following uses of property are not permitted:
.1001 The use of private property for the recreational driving of any form of
motorized or motor -driven bike, scooter or vehicle as defined by California
Vehicle Code Section 670.
.1002 The use of any building or portion thereof for living, sleeping or cooking
purposes which were not designed or intended to be used for such occupancies.
.1003 The use of any property or building or portion thereof in any manner not
permitted by Title 18 of the Anaheim Municipal Code, as provided by Section
18.90.120 of this Code.
.110 Hazardous Obstructions. An obstacle, landscaping or thing installed, or
maintained in the corner setback area reaching a height higher than four feet
above the adjoining top of the curb at the applicable corner of the street
intersection, or four feet above the nearest pavement surface where there is no
curb, or the existing traveled roadway at the corner in question where there is no
curb or pavement. Hazardous obstructions do not mean existing or future
7
permanent buildings otherwise constructed or maintained in accordance with
applicable zoning and building regulations, public utility poles or trees trimmed at
the trunk at least eight feet above the level of the ground surface provided said
trees are spaced so that trunks do not obstruct the vision of motorists.
.120 Abandoned Well. As defined in subsections .010 and .170 of Section
10.20.020 of Chapter 10.20 of Title 10 of this Code.
130 Feeding of wild animals or cats.
.1301 It shall be unlawful for any person to intentionally provide food, water,
or other forms of sustenance to a feral cat or feral cat colony within the
boundaries of the City. It is not a violation of this section for any person to feed
or shelter feral cats while working with an animal control agency under contract
with the City of Anaheim.
.1302 It shall be unlawful for any person to feed any wild birds on public
property in a manner that creates harmful health or sanitation conditions,
destruction of property, unsightly or increased slipperiness of sidewalks, animal
dependency, attraction of coyotes, squirrels, rats and/or other vermin, which is
otherwise detrimental to the public health, safety or welfare or otherwise creates
an unreasonable disturbance, such as noise, so as to disturb the peace and comfort
of persons of ordinary sensitivity from different surrounding households.
SECTION 3.
Section 6.44.150 (Alternates) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and
Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to
read in full as follows:
6.44.150 ALTERNATIVES.
Nothing in the foregoing sections shall be deemed to prevent the City Council
from ordering the City Attorney to commence a civil or criminal proceeding to
abate a public nuisance under applicable Civil or Penal Code provisions as an
alternative to the proceedings set forth herein.
The provisions of this Chapter are supplementary and complementary to other
provisions of this Code and applicable statutes. Nothing in this Chapter may be
construed to limit any existing right of the City to abate nuisances or to enforce
any provisions of applicable law, statute or this Code, including provisions of
uniform codes adopted by reference in this Code.
SF.C'TION 4_
Section 6.44.180 (Definitions) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and
Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to
read in full as follows:
6.44.180 DEFINITIONS.
.010 The term "Anaheim Building Code" as used in this chapter shall mean
that certain building code adopted pursuant to Chapter 15.03 of Title 15 of the
Anaheim Municipal Code.
SECTION 5. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 7. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
M
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 23rd day of September, 2014, and thereafter passed
and adopted at a regular meeting of said City Council held on the 7th day of October, 2014, by
the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST•
CITY CLERK F CITY O ANAHEIM
104827-V8
CITY OF ANAHEIM
By:
MAYOR OF T11E CITY OF ANAHEIM
10
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6306 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23 d day of September, 2014, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 7th day of October, 2014, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October 2014.
RIA.�'AVI
• • 11
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6306 and was published in the Anaheim Bulletin on the 16th day of
October, 2014.
Qa'51��10
CITY CLERK OF THE CITY OF XNAHEIM
(SEAL)
•
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 16, 2014
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 16, 2014
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
11
PROOF OF PUBLICAT
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
- E
SUMMARY PUBLICATION I
CITY OF ANAHEIM 1
ORDINANCE NO, 6306
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND
RESTATING SUBSECTION .010 OF SECTION 1.01.389 OF CHAP-
TER 1.01 OF TITLE 1 AND SECTIONS 6.44.010, 6.44.150 AND
6.44.180 OF CHAPTER 6.44 OF TITLE 6 OF THE ANAHEIM MU- i
NICIPAL CODE RELATING TO NUISANCES.
This ordinance amends Section 6.44.010 (Nuisances) of Chapter 6.44 (Nuisances) of Title 6
(Public Health and Safety) to include additional acts or conditions which may constitute a
public nuisance, including, but not limited to, (a) the accumulation of garbage or refuse,
human or animal excrement or fecal material, uneaten food or food wastes, waste matter
or material that emits an offensive odor or encourages the breeding of flies or other In-
sects; (b) clothes hanging visible from the street or other public property; (c) maintaining
property with buildings in a condition of siccant deterioration or disrepav; (d) mei
mg property with defective or insufficient ligating; (e) the provision of. food or water to a
al cat or feral cat colony; and (f) the provision of food to wild birds on public prop@Ry I
manner that creates stated harmful health or sanitation conditions.
This ordinance also reduces the amount of time that certain conditions can exist before
City's Community Preservation Manager and Community Preservation Officers may
force Section 6.44.010 (Nuisances) of Chapter 6.44 SNuieances). For example, r
waste cannot be kept on any property for a period in excess of three (3) days, In
ten (10) days. Likewise, this ordinance reduces the number of days from ten (10) th
(3) thhat buildings can be left boarded up, open and unsecured, or left in a state of partial
construction without the requisite permit.
This ordinance also includes an amendment to Subsection .010 of Section 1,01.389 (En-
forcement of the Code - Community Preservation Manager - Inspections and Reinspection
- Fees) of Chapter 1 (Code Adoption and Construction) of Title,1 (Administratien)) of the
Anaheim Municipal Code to grant: authority to the City's Communfty Preservation'Manager
and Community Preservation Offfders to enforce substandard building violations oudfed In
State law.
This ordinance also includes related changes to Sections 6.44.150 (Alternatives) and
6.44.180 (Definition) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of
the Anaheim Municipal Code.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing
summary of Ordinance No. 6306 which ordinance was introduced at a regular meettn
the City Council of the City of Anaheim on the 23rd day of September, 2014 and was du
passed and adopted at a regular meeting of said Council on the 7th day of Novem
2014 by the following roll call vote of the members thereof:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
ntqk
NOES: None
ABSENT: Non
ABSTAIN: None
The above "summary Jai Wel al th a ubj®Cil jtfattef do iyty� 1 tct of.
dlnance No. 6306, which' abs ed pursuant to Seetidn w1f a Charter of
City of Anaheim. This summary does'rtbt include or describe everryy pfov� on oT the
nance and should not be relied on as a substitute for the full text of the ordir5brice '
To obtain a copy of the full text of the ordinance, please contact the Office of the
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There ie
charno fnr thn ennu