(a)

In order to further the stated goals of the city and to protect its citizens and their property from conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the council has determined that regulations are necessary to effectively abate or prevent the development of such conditions in the city.

(b)

It is the intention of the council, in adopting the regulations, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and the manner in which the conditions shall be corrected or removed.

(c)

It is the purpose of this chapter to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings that are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards or general welfare of the people of the City of Mission Viejo, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by the removal of offensive conditions.

(d)

It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city.

(e)

It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.

(f)

In addition to the abatement procedures provided herein, this chapter declares certain conditions to be a public nuisance and that maintenance of such conditions shall be a misdemeanor.

(g)

This chapter is not intended to enforce conditions, covenants and restrictions (CC & R's) on property, nor to supersede them. This chapter will be enforced uniformly with the city regardless of CC & R's. Therefore, this chapter does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC & R's applicable to their tract or association even though the CC & R provisions may be the same, more restrictive or may not be covered by this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

It shall be unlawful and it is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant or other property within the city to maintain such property in such a manner that any of the following conditions are found to exist thereon:

(a)

Animals. Animals, livestock, poultry or bees kept, bred or maintained for any purpose or in violation of any provision of the City Municipal Code.

(b)

Hazards to children.

(1)

Attractive nuisances dangerous to children, including, but not limited to, abandoned, broken, or neglected equipment and machinery, pools, spas, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, rubble, refuse, fence, debris or vegetation.

(2)

The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned buildings or structures.

(c)

Landscaping. Any front yard or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris.

(d)

Maintenance of structures.

(1)

Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than 12 months, or during any period of extension, after the issuance of a building permit.

(2)

Buildings, walls, fences or structures lacking an appropriate protective finish, including but not limited to paint or varnish; buildings, walls, fences or structures upon which the condition of the paint or other protective finish has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation. Buildings, walls, fences, or structures made of brick, concrete blocks, stone, or similar materials, need not be finished, but must be maintained to avoid deterioration or decay.

(3)

Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye or other similar marking substances, is allowed to remain for more than 24 hours.

(4)

Broken windows.

(5)

Building exteriors, roofs, walls, garage doors, wood trim, fascia boards, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable.

(6)

Improperly maintained signs or signs relating to uses no longer conducted or products no longer sold on the property. A sign damaged for a period exceeding 72 hours constitutes a nuisance.

(7)

Any habitation which is overcrowded, as defined by the Uniform Housing Code, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard.

(e)

Maintenance of yard.

(1)

Overgrown, dead, decayed or hazardous vegetation when any of the following conditions exist:

a.

The vegetation may harbor rats, vermin or other disease carriers such that it presents a significant threat to the public health and safety.

b.

The vegetation is maintained so as to cause an obstruction to the vision of motorists or hazardous condition to pedestrians or vehicle traffic.

c.

The vegetation constitutes an unsightly appearance.

d.

The vegetation creates a danger or attractive nuisance to the public.

e.

The vegetation is detrimental to the appearance of the neighboring properties or substantially detracts from the appearance of the immediate neighborhood or reduces or has the potential to reduce the property values in the immediate neighborhood.

f.

The vegetation 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 any impediment to public travel.

(2)

Landscaping, grounds, walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable.

(3)

The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas.

(4)

Deteriorated parking lots, including those containing pot holes, cracks, ponds or ridges.

(5)

Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare.

(f)

Municipal Code and other governmental regulations.

(1)

Any violation of any section of the City of Mission Viejo Municipal Code including, but not limited to:

a.

Chapter 5.03 of title 5 of the Mission Viejo Municipal Code relating to business regulations including, but not limited to, massage establishments.

b.

Chapters 6.10, 6.15, 6.20, 6.25, 6.35 and 6.70 of title 6 of Mission Viejo Municipal Code relating to health and sanitation including, but not limited to, noise control, abatement of weeds and illegal dumping.

c.

Chapters 8.02, 8.04, 8.06, 8.08 and 8.10 of title 8 of Mission Viejo Municipal Code relating to building and construction including, but not limited to, building codes, fire codes and grading.

d.

Title 9 of Mission Viejo Municipal Code relating to development including, but not limited to, zoning restrictions related to structures on property, sign restrictions, site development standards, adult business, and parking standards.

e.

Title 10 of Mission Viejo Municipal Code relating to animals including, but not limited to, animal control regulations and licensing.

f.

Chapters 11.10 through 11.20 of title 11 of the Mission Viejo Municipal Code relating to peace, morals and safety including, but not limited to, property maintenance and recreational vehicles on private property.

g.

Chapters 12.08 and 12.10 of Mission Viejo Municipal Code relating to traffic including, but not limited to, parking of vehicles and abandoned, wrecked, dismantled or inoperative vehicles.

h.

Chapters 14.01, 14.03, 14.06, 14.10, 14.20, and 14.24 of Mission Viejo Municipal Code relating to streets and sidewalks including, but not limited to, advertising on parked vehicles, and encroachments over and on streets.

(2)

Any other condition declared by any state, county or city statute, code or regulation to be a public nuisance.

(g)

Storage and debris.

(1)

Lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley or neighboring property.

(2)

Trash receptacles not substantially screened from the view of a public street, alley or neighboring property, except after 6:00 p.m. the evening before the designated day for trash collection and on the designated day for trash collection.

(3)

Construction debris bins, storage bins or building materials stored in excess of 30 days in any front or side yard setback area without the express approval of the director of community development.

(4)

Clotheslines, clothing, or household fabrics hung, dried or aired in such a way so as to be visible from public streets, alleys, or neighboring properties.

(5)

Unsightly articles, refuse or trash placed so as to be visible from neighboring properties or streets.

(6)

Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property.

(7)

Storage of outdoor play/athletic equipment with a footprint area of greater than 12 square feet, in the front yard area, as defined in subsection (h)(2)a. For purposes of this subsection (7) the footprint shall be measured as the maximum perimeter of the piece of equipment treating all horizontal projections as existing on the same vertical plane.

(h)

Vehicles or equipment.

(1)

Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck tractors, any other commercial vehicle over 22 feet long or eight feet in height or 90 inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. Commercial vehicle, for the purposes of the section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.

(2)

Recreational vehicles parked or stored in the front yard area, or any other location on the property where the recreational vehicles are visible from the neighboring property or any street. The foregoing applies even if the vehicle or item is used primarily for some purpose other than recreation. Any recreational vehicle without a valid registration or license is considered to be stored. For the purposes of this section:

a.

"Front yard area" shall mean the area between the plane of the front elevation of the main portion of a dwelling unit extending to the side property lines and the front property line abutting the street, including the driveway.

b.

"Property owner" shall mean the legal owner of the residential property.

c.

"Owner" shall mean the registered owner of a recreational vehicle and/or other recreational items, which includes, but shall not be limited to, the property owner, renter/lessor, and/or other residents or guests residing permanently or temporarily on residential property.

d.

"Recreational vehicle" shall mean a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed or driven, and is designed primarily for recreational, camping, sailing and/or travel use, such as, but not limited to, travel trailers, motor homes, buses converted to recreational or other noncommercial uses, vans, trucks with or without camper shells, campers, camping trailers, motorcycles, off-road vehicles, aircraft, boats or other vessels.

(3)

Use of parked or stored recreational vehicles, as defined in subsection (h)(2)d., as temporary or permanent living space.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 06-242, § 12, 5-15-06)

Notwithstanding section 9.59.110, the following shall not constitute a public nuisance:

(a)

The use and storage of shopsmiths and tablesaws that are customarily incidental and accessory to residential hobby or home improvement use when stored so as to be out of view at ground level from a public street or alley or from neighboring property, and when allowed by zoning or designated planned development areas and approved by the city.

(b)

Parking or maintaining supplies, materials, or machinery of any type or description on a residential street or property while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

(c)

Any commercial vehicle making pickups or deliveries of goods, wares and merchandise or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure for which a valid building permit is in effect.

(d)

Trash receptacles at curb side on designated pick up days.

(e)

Parking of a recreational vehicle described in section 9.59.110(h)(2) on the street in front of the owner's property or in the driveway thereof, provided the sidewalk is not blocked, while actively engaged in loading or unloading of said vehicle, but in no event longer than 72 hours. Loading or unloading as used in this section shall mean active loading or unloading, including the performance of those activities required to prepare the vehicle for either travel or storage, and shall include a period of time not to exceed twelve hours during which the vehicle cannot reasonably be moved to a place of otherwise lawful storage.

(f)

The legally conforming and approved storage or parking of a recreational vehicle described in section 9.59.110(h)(2) in zones or designated planned development areas permitting such storage or parking, and approved by the city.

(g)

The parking or storage of recreational vehicles, as described in subsection 9.59.110(h)(2), in the side yard or rear yard of property upon approval of a site plan, provided such vehicles or items are substantially screened from view from any street or neighboring property of the same or substantially similar grade behind a solid six-foot-high fence/gate or wall and where adequate screening or shrubbery is also provided along the neighboring property line. Recreational vehicles stored in the side yard or rear yard of property must be maintained in good condition, and may not be abandoned, wrecked, dismantled, or inoperable. Boats, vessels or other water craft having a mast must be parked or stored with the mast in a horizontal position regardless of location if the mast is visible from the street or neighboring property. Site plans under this provision shall contain a vehicular parking/storage, fencing, wall, gate and landscape plan. The site plan shall be submitted by the property owner to the director of community development, who may approve or deny the plan or refer it to the commission at his or her discretion. All site plans approved under this exception shall contain a condition that if walls, fencing, gates or landscaping required by the site plan are not maintained, fall into disrepair, or are altered or changed without approval, the site plan approval shall be revoked.

(h)

Property owners of residential property which, by its physical characteristics may allow the construction of a completely enclosed addition to the main living structure in the front area may apply for a permit to build such an addition for the purpose of parking or storage of recreational vehicles provided that such addition will not result in any exception to the zoning laws or require a variance. The addition shall be compatible with the existing main living structure and shall be designed so recreational vehicles are not visible from the street or any neighboring property. Site plans under this provision shall be submitted to the commission for approval.

(i)

Validly licensed four wheel drive vehicles, pickup trucks without camper shells or with camper shells which do not extend more than one-foot above the height of the truck cab, and vans may be parked in driveways, provided the total height of the top of the vehicle as measured from the ground does not exceed ten feet, excluding air conditioning units and vents, and provided no part of the vehicle extends into the sidewalk area. This exception does not apply to pickup trucks with sideboards, storage devices or racks extending more than one-foot above the cab height or to any other recreational vehicle not specifically listed in this subsection.

(j)

The legally conforming placement of antennas, mechanical, solar, or heating and air conditioning equipment upon rooftops when screened from view and in zones permitting such uses, or designated planned development areas, and approved by the city.

(k)

Legally conforming and approved chimneys and vent stacks.

(l)

The keeping of household pets in a manner that constitutes operation of a kennel (as defined in subsection 9.01.050(a)(92)) without necessary permits and approvals, except animals kept on a parcel licensed by the city's animal services manager to contain additional animals pursuant to chapter 10.01 of this Code. Household pets shall mean animals or birds ordinarily permitted in residential zones and kept only for the company and pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds or other fowl, or animals which normally constitute agricultural uses.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 05-234, § 14, 9-6-05; Ord. No. 06-242, § 13, 5-15-06)

Whenever any code enforcement officer determines that a nuisance exists on any property within the city, the officer shall advise the owner, in writing, of the public nuisance and direct said owner to abate the nuisance. The notification shall contain a brief description of the conditions asserted to constitute a nuisance and establish an abatement period deemed reasonable under the circumstances, but in no event longer than 30 days. In addition, a compliance order or administrative citation may be issued to the owner, for any violation of this division, pursuant to the provisions of chapter 1.02 and chapter 1.03, respectively of the Mission Viejo Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner, lease holder, tenant, or occupant having charge of any building, structure or property alleged to be a nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The community development department shall be advised of the abatement and shall inspect the premises to insure the nuisance has in fact been abated.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

If, after notification of conditions alleged to constitute a public nuisance pursuant to section 9.59.120 hereof, the owner, leasee, tenant or occupant having charge of the building, structure or property alleged to constitute a nuisance does not voluntarily abate said nuisance within the time limits specified in said notice, the director of community development shall cause a public hearing to be held to determine whether said building, structure or property is being maintained in such a manner so as to constitute a public nuisance. The director of community development may, within his or her discretion, cause the involuntary abatement procedures to be followed without first providing an opportunity for voluntary abatement pursuant to sections 9.59.120 and 9.59.125 of this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Written notice of the hearing shall be sent, by registered or certified mail, return receipt requested, to all owners of record of the property at the address shown on the last equalized assessment roll. Notice shall also be conspicuously posted on the property, and said posted notice shall constitute adequate service in the event that mailed notice is not delivered for any reason.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

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

"NOTICE OF HEARING ON ABATEMENT OF NUISANCE

A hearing will be held at _______ on _______ at City Hall, 200 Civic Center, Mission Viejo, before the community development director, acting as hearing officer, to determine whether the premises at _______ constitute a public nuisance.

The conditions asserted to constitute a public nuisance include the following:

_____

_____

_____

A public hearing may be avoided if the following corrections are made 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 within five days after the hearing officer's determination:

_____

_____ .

If abatement action is taken by the city, all costs of the abatement, including but not limited to those costs set forth in section 1.01.260(b) of the Mission Viejo Municipal Code, will be assessed against the property and will attach as a lien 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 by the hearing officer. Call (949) 470-3000 for questions regarding this notice."

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 06-242, § 14, 5-15-06)

At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property. The property owner or person exercising control over the property shall present all relevant evidence relating to the condition of the property to the hearing officer. The record on any appeal shall be limited to the evidence presented to the hearing officer. The hearing may be continued from time to time.

Upon the conclusion of the hearing, the hearing officer shall determine whether the condition of 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 order shall contain a detailed list of needed corrections. The order shall all contain a statement that an appeal of the hearing officer's decision may be taken to the commission by filing a notice of appeal with the director within five days of the order, and by paying the applicable fee.

A copy of the order shall be served upon the owner in the same manner as the notice of hearing.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the director within five days of the date of the order and by paying the appeal fee set by resolution. The notice of appeal shall specify:

(a)

A description of the property.

(b)

The abatement proceedings appealed.

(c)

The owner's or appealing party's, legal or equitable interest in the property.

(d)

A statement of disputed and undisputed facts.

(e)

A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal.

(f)

A verification of the truth of all matters asserted.

Upon the timely filing of a notice of appeal in the proper form, the director shall place said appeal upon the next regular meeting of the commission scheduled to be held not less than five business days after said appeal is received.

The director shall provide written notice of the appeal, including the time, place and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. Said notice shall be sent in the same manner as notice of the hearing officer's order.

The commission shall determine whether substantial evidence supports the hearing officer's decision. The evidence considered by the commission on appeal shall be limited to the evidence presented to the hearing officer.

Notice of the commission's determination shall be in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer's order was sent as well as to all person s requesting such notice, in writing, at the time the appeal is heard.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The decision of the commission may be appealed to the council by interested persons within five days of the date of the order and by paying the appeal fee set by council resolution. A written appeal shall be filed with the city clerk and shall contain the information relating to the appeal required by subsections (a) through (f) of section 9.59.150. A timely filed appeal shall suspend the decision of the commission until the council makes a decision on the appeal. A public hearing shall be held on the appeal within thirty days of such appeal. The council shall determine whether substantial evidence supports the hearing officer's decision. The evidence considered by the council on appeal or decision of the commission in the absence of a timely appeal shall be final and conclusive.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The fees for appeal of the hearing officer's decision to the commission and council shall be fixed and established from time to time by the council by resolution.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

If the nuisance is not completely abated by the date specified in the hearing officer's order, in the commission's determination, or in council's determination, as appropriate, the city manager may immediately cause the same to be abated by city personnel or under private contract. The hearing officer, commission, and/or council are 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 but not limited to those costs and expenses described in section 1.01.260(b) of the Mission Viejo Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting city notices for at least five days before it is considered by the council. Proof of posting shall be made by affidavit of the city clerk or deputy city clerk. 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, in inspecting the work and the costs of printing and mailing required hereunder.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The total cost for abatement of the nuisance, as confirmed by the council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The Notice of Lien for recordation shall be in a form substantially as follows:

"NOTICE OF LIEN
Claim of the City of Mission Viejo

Pursuant to the authority vested by chapter 9.59 of the Mission Viejo Municipal Code, the director of community development (city council) of the City of Mission Viejo did on or about the _____ day of ________, ___, cause the property hereinafter described to be declared a public nuisance and order the same abated. The city council of the City of Mission Viejo did on the _____ day of ________, ___, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Mission Viejo does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $_____, and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Mission Viejo, County of Orange, State of California, particularly described as follows:

(legal description)

Dated this _____ day of ________, ___.

_____
City Manager, City of Mission Viejo"

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner of any premises within the city has the primary responsibility for keeping said 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. No. 98-193, §§ 1—4, 10-19-98)

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 set forth herein.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

For the purposes of this chapter, "graffiti" means the unauthorized etching, spraying of paint or making of ink, chalk, dye or other similar substances on public or private buildings, structures or places. This definition of graffiti also includes unauthorized stickers.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Any person who violates any provision of this division shall be guilty of a misdemeanor. Notwithstanding the foregoing, any violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

(b)

Any person convicted of any violation of section 9.59.220 shall, in addition to any other penalty imposed by the court, be subject as a condition of any probation or other court ordered disposition of the conviction to 500 hours of community service at times other than the violator's school attendance hours or employment hours, to be performed in the City of Mission Viejo removing graffiti.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following regulations shall apply to the sale and possession of graffiti implements in the city:

(a)

No person shall sell any aerosol spray paint or marker pens with tips exceeding three eighths of an inch in width to anyone person under the age of 18 years and no person under the age of 18 years shall purchase the same.

(b)

No person shall have in his or her possession any aerosol spray paint, liquid paint, liquid dye or polish containers or marker pens with tips exceeding three-eighths of an inch in width, while in any public park, playground, swimming pool or recreational facility in the city. This section shall not apply to authorized employees of the City of Mission Viejo or an individual or authorized employee of any individual, agency or company under contract with the city.

(c)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceed three eighths of an inch in width, containing anything other than a solution which can be removed with water after such solution dries, shall place a sign in clear public view at or near the display of such products stating:

"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO SIX MONTHS IN JAIL AND A FINE OF UP TO $1,000.00."

(d)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol contains, or marker pens with tips exceeding three-eighths of an inch in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any person who applies graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment therefor.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Whenever the director of community development or the director's designated representative determines that graffiti is located on public or privately owned structures so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the director or his/her designated representative is authorized to provide for the removal of said graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

(a)

In removing the graffiti, the painting or repair of a more extensive area than necessary to remove said graffiti shall not be authorized;

(b)

When a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity which owns the structure;

(c)

Where a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city may be authorized only after securing the consent of the owner.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Graffiti located on privately owned structures on privately owned real property within the city, so as to be capable of being viewed by a person utilizing any public right-of-way in the city, may be removed by the city as a public nuisance, at the owner's expense, pursuant to the following provisions:

(a)

Whenever the director of community development or the director's designated representative is apprised of the presence of graffiti located on privately owned structures on privately owned real property within the city, the director or his/her designated representative may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appear on the last equalized assessment roll, by depositing a copy of said notice with the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as is used in this chapter, means any person in possession as well as any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date appearing on the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal, including administrative expenses and attorney's fees, if any, as a lien on the subject property.

(b)

The notice shall be substantially in the following form:

"NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as ___________, Mission Viejo, California, within seven days after the date appearing on this notice. Said graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, city employees or private city contractors will enter upon your property and abate the public nuisance by removal of painting over of the graffiti. The cost of the abatement by the city or its private contractors will be assessed against your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the director of community development for the City of Mission Viejo or his/her designated representative within seven days from the date appearing on this notice. At the conclusion of this seven day period the city may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice."

The service of this notice shall be made on the day the notice is dated and by affidavit filed with the city clerk.

(c)

If any objections are submitted to the director of community development within seven days of the date indicated on the notice of intent to remove graffiti, the director shall schedule a hearing on the matter, which shall follow the procedures set forth in sections 9.59.145 and 9.59.150 of Division 1.

(d)

The costs of abatement by the city shall be recovered pursuant to section 9.59.175 of Division 1 of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Where the director of community development or his/her representative determines that circumstances warrant, graffiti located on privately owned structures on privately owned real property which is capable of being viewed by a person utilizing any public right-of-way in the city may be removed by the city as a public nuisance at the owner's expense within 48 hours of personally serving notice to the property owner thereof.

(a)

When proceeding under this section, written notice shall be served upon the owner of the affected premises as such owner's name and address appear on the last equalized assessment roll, by personally serving such notice upon the property owner in the same manner as is specified for personal service of a summons in accordance with Code of Civil Procedure §§ 415.10 et seq. "Owner," as used in this section, means any person in possession as well as any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The property owner shall have 48 hours after receiving the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property.

(b)

The notice shall be in substantially the same form as the notice specified in section 9.59.230, above, except that a 48-hour period shall be specified thereon.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Where the City of Mission Viejo has undertaken the removal of graffiti at city expense from any private property in accordance with the provision of this chapter, the city shall be entitled to the assignation of any rights such property owner may possess pursuant to the relevant provisions of the California Civil Code to recover the costs of abatement, including administrative expenses and attorney's fees, from person who committed the offense, or the parent or legal guardian thereof.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any person who places graffiti upon any public or private property in the city. Said resolution may require that the convicted offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In addition to and in accordance with the authority granted to the city by the state under the Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

This division shall not apply to:

(1)

A vehicle or part thereof 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

(2)

A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantle, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(b)

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than the Vehicle Code, ch. 10 (commencing with § 22650) of div. 11 and this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Except as otherwise provided in this division, the provisions of this division shall be administered and enforced by the director or his or her designee. The director, or the director's designee, may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this division. In addition, a compliance order or administrative citation may be issued to the owner of the vehicle, for any violation of this division, pursuant to the provisions of chapter 1.02 and chapter 1.03, respectively of the Mission Viejo Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

A ten-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

(b)

For inoperable vehicles or parts thereof located on property which is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units, the notice of intention shall not be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the director to be a public nuisance presenting an immediate threat to public health to safety; provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition of such a low-valued vehicle or part thereof for which evidence of registration was recovered pursuant to section 9.59.315, the director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after notice is mailed, from a location specified in the Vehicle Code § 22662, final disposition may proceed.

(c)

The notice of intention to abate shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the owner may appear in person at the hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. Notice shall be deemed complete upon deposit of the notice in the United States Postal Service, registered postage prepaid, addressed to the owner, even if the addressee fails to accept the registered letter from the Postal Service.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

A public hearing shall be held before the director, or the director's designee, upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the director within ten days after the mailing of notice of intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsections (a) or (b) of section 9.59.320.

(b)

If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the city shall have the authority to remove the vehicle.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

All hearings under this division shall be held before the director or the director's designee, which hearing officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial.

(b)

At the conclusion of the public hearing the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this division.

(c)

If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the hearing officer 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 such landowner.

(d)

If an interested party makes a written presentation to the hearing officer, but does not appear, said party shall be notified in writing of the decision.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after the decision. Such appeal shall be heard by the council which may affirm, amend or reverse the order or take any other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 9.04.330. In conducting the hearing the council shall not be limited by the technical rules of evidence. The decision of the council shall be final.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

An order for abatement and removal of a vehicle, made pursuant to this division, shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available.

(b)

The hearing officer, or the council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or part thereof.

(c)

Five days after adoption of the order, five days from the date of mailing of notice of the decision if such notice is required, or 15 days after such action of the council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantle yard.

(d)

After a vehicle has been removed it shall not thereafter by reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to the Vehicle Code § 5004, in which case the vehicle may be reconstructed or make operable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The hearing officer, or the council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner of a parcel of land pursuant to this division and are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the Government Code § 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

When the council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or part thereof declare to be a nuisance pursuant to this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicle identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this division or state law where such state law is applicable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Neither the city nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

This division is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having appropriate jurisdiction.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor. Notwithstanding the foregoing, maintenance of a public nuisance or violation of an abatement order may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor, but such a violation may also be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

No person shall obstruct, impede or interfere with any representative of the city engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code. Conviction of a misdemeanor is punishable by a fine not to exceed one thousand dollars, by imprisonment not to exceed six months, or by both such fine and imprisonment. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed or permitted to continue.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence:

(a)

The director of community development.

(b)

The building official.

(c)

Code enforcement officer(s).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

All designated officers and employees exercising their authority to arrest under this chapter shall comply with the procedures regarding the making of arrests set forth in the Penal Code §§ 833 et seq., and the procedures regarding misdemeanor citations set forth in the Penal Code §§ 853.6 et seq.

(Ord. No. 98-193, §§ 1—4, 10-19-98)