(a) 
In order to further the stated goals of the City of Dana Point and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that a Chapter is necessary to effectively abate or prevent the development of such conditions in the City of Dana Point.
(b) 
It is the intention of the City Council, in adopting the Chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
(c) 
It is the purpose of this Chapter to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings which 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 the general welfare of the City of Dana Point, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by 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 public nuisances and that maintenance of such conditions shall be a misdemeanor.
(g) 
This Chapter is not intended to enforce Conditions, Covenants and Restrictions (CC&Rs) on property, nor to supersede them. This Chapter will be enforced uniformly within the City regardless of CC&Rs. 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&Rs, to force compliance with the CC&Rs 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.
It shall be unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 of this Code, and it is hereby declared to be a public nuisance, from 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 of Dana Point, to maintain such property in such a manner that any of the following conditions are found to exist thereon:
(a) 
Any violation of any Section of the Dana Point Municipal Code or any section of the City of Dana Point Ordinance No. 90-07 which adopted by reference portions of the Codified Ordinances of the County of Orange ("Orange County Code") and other noncodified Orange County Ordinances, including, but not limited to, the following:
(1) 
Divisions 2 through 14 of Title 3 of the Orange County Code relating to Public Morals, Safety and Welfare; including property maintenance and recreational vehicles on private property,
(2) 
Divisions 1 through 7 and 9 of Title 4 of the Orange County Code relating to Health, Sanitation, and Animal Regulation; including animal control regulations and licensing, noise control,
(3) 
With the exception of Article 2 of Division 3 therein, of Title 6 of the Orange County Code relating to Highways, Bridges, Rights-of-Way, and Vehicles; including oversized vehicles on streets, signs on parked cars, and encroachments over and on streets;
(b) 
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 programs of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;
(c) 
Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six months, or during any period of extension, after the issuance of a building permit, without any substantial construction activity or passing an inspection of a substantial portion of the project, as determined by the City;
(d) 
The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
(e) 
Painted buildings that require repainting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation;
(f) 
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;
(g) 
Broken windows, doors, exterior lights, doorways, eaves, rain gutters, fascia, roofs, chain-link fences, stucco, or siding;
(h) 
Overgrown, dead, decayed or hazardous vegetation which:
(1) 
May harbor rats, vermin or other disease carriers,
(2) 
Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic,
(3) 
Creates a danger or attractive nuisance to the public;
(4) 
Is growing into the public right-of-way or public parkway, particularly when a sidewalk or roadway is obstructed,
(5) 
Is obstructing a v-ditch or any drainage facility in any form;
(i) 
For purposes of Subsection (h), it shall be a presumption that any property upon which weeds exceeding four inches in height create the conditions set forth in Subsections (h)(1) through (5), although weeds of lesser height may also meet such criteria if so determined by the City's Code Enforcement Officer;
(j) 
Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, driveway approaches, stairways, parking lots, sidewalks or walkways, and hardscape or improvements in public parkways or rights-of-way, or any other privately maintained improvements which are maintained in such condition so as to become defective, unsightly, displaced or raised, or no longer viable;
(k) 
The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas;
(l) 
Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, trash cans or carts, dumpsters, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, storage containers, shipping 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;
(m) 
Deteriorated parking lots or privately maintained driveways or access roads, including those containing potholes, or cracks;
(n) 
Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which may reasonably attract children to such abandoned or neglected conditions;
(o) 
(1) 
Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, recreational vehicles, or any other commercial vehicle over 25 feet long or eight feet in height or 90 inches wide (and/or meeting the criteria defined in Section 12.08.050), supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone,
(2) 
"Commercial vehicle" means any vehicle meeting the definition of "commercial vehicle" in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this Chapter, no "pick-up truck," as that term is defined in California Vehicle Code Section 471, shall be considered a commercial vehicle unless: goods, wares, or property of a commercial nature loaded thereon extend above the manufacturer's box; goods or wares of a commercial nature stored thereon;
(p) 
Construction debris storage bins or trash bins/dumpsters placed on any City street without a valid encroachment permit issued by the Director of Public Works/City Engineer for said placement;
(q) 
Refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with Section 6.10.040;
(r) 
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;
(s) 
Any front yard, parkway, or landscaped setback area, grounds, walls, fences, driveways, parking lots, irrigation systems, or sidewalks which are maintained in such a condition so as to become defective or unsafe;
(t) 
Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way, including, but not limited to, streets, alleys, or sidewalks, and drainage facilities;
(u) 
Use of parked or stored recreational vehicles, as defined in Section 6-4-603(c) of the Codified Ordinances of the County of Orange as adopted by the City of Dana Point by Ordinance No. 90-07, as temporary or permanent living space;
(v) 
Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of the City Municipal Code;
(w) 
Any premises which does not comply with California Building Code as adopted by Section 8.02.001, or the Uniform Housing Code, as adopted by Section 8.12.001, or as defined in Section 6.16.018(a) of the Dana Point Municipal Code or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard;
(x) 
(1) 
Except where construction is occurring under a valid permit, the dumping of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property,
(2) 
Except where construction is occurring under a valid permit, any placing, depositing or dumping, whether by natural or man-made causes, and whether intentionally or unintentionally, of any rocks, dirt or debris in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the State or local agency having jurisdiction over the highway, road, or property;
(y) 
Any other condition declared by any State, County, or City statute, code or regulation to be a public nuisance;
(z) 
Trailers, recreational vehicles, campers, boats or any other motor vehicles present on vacant property or in front yards of developed lots other than driveways or established facilities which are not in compliance with the Dana Point Zoning Code or other applicable Code sections.
(aa) 
Laundry, clothes or household linens viewable from the public right-of-way, unless such laundry, clothes or household linens are on a clothesline in the rear yard or side yard of a property or unless such clothes or household linens are being sold at a legally permitted garage sale;
(bb) 
Any swimming pool, spa, pond, fountain, other body of water or standing water whether by natural or man-made causes that is allowed to become stagnant, unsanitary or unsafe;
(cc) 
Any violation of Title 8 or Title 9 of the City of Dana Point Municipal Code;
(dd) 
Any violation of Title 15, Chapter 15.10 of the City Municipal Code;
(ee) 
Operation of a facility without any required governmental permit, approval or license (including, without limitation, a license required by Health and Safety Code Section 11834.01 et seq., Health and Safety Code Section 1505, or 9 CCR Section 10508);
(ff) 
Consequence of Open Matters. No person shall be issued a permit to use or improve a property if the property is the subject of an open code enforcement case or if such person owes the City any administrative citation fines, enforcement costs, or any fees or fines relating to the subject property;
(gg) 
Failure to comply with any condition or term of any required governmental permit, approval or license.
(Amended by Ord. 93-09, 5/11/93; Ord. 94-15, 9/27/94; Ord. 10-07, 7/26/10; Ord. 10-12, 11/8/10; Ord. 17-05, 10/3/17; Ord. 26-03, 3/17/2026)
Whenever the Director of Community Development, hereinafter "Director" or his/her duly authorized agent or representative, reasonably believes a public nuisance exists, he/she shall commence abatement proceedings. The Director shall have responsibility for abating such nuisances on any private property and shall cause a written notice to be issued to abate such nuisance.
(a) 
The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. Such notice shall refer to this Section and to the violations of the Municipal Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within the minimum time frames set forth in this Section from the date of the notice. The notice shall further describe the consequences for failure to comply with this Section.
(b) 
As a general matter, the notice of violation shall require the removal or correction of the condition within a minimum of seven calendar days and a maximum of 30 calendar days from the date of the notice unless one of the following exists:
(1) 
The City Code Enforcement Officer determines that the maintenance of the condition of the property in its present state constitutes an imminent threat to public health or safety and the Director of Community Development concurs with such determination, the Code Enforcement Officer and Director may order compliance within a shorter period of time. Nothing herein shall limit the City's use of criminal nuisance or other abatement proceedings to seek immediate redress for imminent threats to public health and safety.
(2) 
The City Code Enforcement Officer determines that the violation is easily and simply correctable, the Code Enforcement Officer may require compliance in less than seven calendar days providing that such period of time shall be reasonable. If this subsection is utilized, the notice shall also state that the length of the compliance period is subject to review by the Director whose decision shall be final.
(Amended by Ord. 94-15, 9/27/94; Ord. 26-03, 3/17/2026)
The owner, lease holder, tenant, occupant, and/or any party having charge, possession or control of any building, structure, or property alleged to be a public nuisance as set forth above, may be held responsible to abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director/designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.
(Amended by Ord. 26-03, 3/17/2026)
Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing held before the City Council to determine whether said building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall provide no less than seven calendar days' written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located.
(a) 
The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance.
(b) 
The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused.
(c) 
The failure of any person to receive this notice shall not affect the validity of any proceedings under this Chapter.
(d) 
Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated.
(Amended by Ord. 26-03, 3/17/2026)
The notice given shall be provided in substantially the following format:
"NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at City Hall, 33282 Golden Lantern, Suite 210, Dana Point, before the City Council, to determine whether the premises at ___________ constitutes a public nuisance.
The conditions asserted to constitute a public nuisance include the following:
A hearing may be avoided if the following corrections are made at least two calendar days before the date set for the hearing:
If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not commenced and completed the corrective action by the deadline established by the City Council in its determination:
If abatement action is taken by the City, all fees, expenses and costs of the abatement (including attorneys' fees) confirmed by the City may be recorded against the property as a special assessment or lien until paid, along with 10% annual interest. 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 (714) 248-3560 for questions regarding this notice."
(Amended by Ord. 26-03, 3/17/2026)
(a) 
The hearing to determine whether a public nuisance exists shall be conducted by the City Council. The decision shall be documented by Resolution adopted by the City Council.
(b) 
At the hearing, the City Council shall consider all relevant evidence, including, but not limited to, applicable staff reports. The City Council shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the City Council shall determine whether a public nuisance within the meaning of this Chapter exists, and if so determined, compliance schedule for the responsible party(ies) to address the same, along with a determination of the assessment of costs to date, if any, in accordance with Section 6.14.008 hereof.
(Amended by Ord. 94-15, 9/27/94; Ord. 26-03, 3/17/2026)
(a) 
The decision of the City Council shall be final and conclusive.
(b) 
The City Council shall, within five working days, mail a copy of the written notice of decision by certified or registered mail to the owner, and by regular first-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting the same. If a public nuisance is determined to exist, the notice shall contain the abatement order, and assessment of costs to date, if any, in accordance with subsection (d) hereof, and be directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
(c) 
Where an appeal is filed as provided in this Chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this Chapter except where the City determines that abatement is required to alleviate a significant health or safety concern.
(d) 
If the City Council determines that a nuisance exists, then the City Council shall, as part of their order, direct that the property owner or person in control and/or charge of the property, pay the City's costs of the nuisance proceedings to date. Such costs shall include any and all City staff time and costs from the second notice/letter of violation and include all noticing, City Attorney, City staff time, and City Council costs. If the City Council determines that no violation existed or exists, no costs shall be awarded or ordered. Any costs awarded shall be deemed a debt owed to the City and shall be paid within 30 calendar days of invoice from the City. Any debt remaining unpaid shall, at the City's option, be:
(1) 
Collected through the use of civil process—including utilization of a collection agency; or
(2) 
Placement of such debt at a lien or special assessment upon the property to be collected in accordance with Sections 6.14.011 and 6.14.012 of this Code.
(Amended by Ord. 94-15, 9/27/94; Ord. 26-03, 3/17/2026)
If the nuisance is not completely abated by the date specified in the City Council's order, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The City Council is 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, expenses, and fees of such abatement.
(Amended by Ord. 26-03, 3/17/2026)
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 City 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 calendar days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this Chapter, and any attorneys' fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorneys' fees and costs and transmitting the same to the Director.
(Amended by Ord. 26-03, 3/17/2026)
The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment and/or lien 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 and shall accrue 10% annual interest on any unpaid amounts.
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 Dana Point
Pursuant to the authority vested by Chapter 6.14 of the Dana Point Municipal Code, the City of Dana Point hearing officer [City Council] did on or about the ________day of ________, 20________, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Dana Point, did on the ________ day of ________, 20________, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Dana Point 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 with the City of Dana Point, County of Orange, State of California, particularly described as follows:
(legal description)
Dated: This ________ day of________, 20__.
______________________________________________
City of Dana Point"
(Amended by Ord. 26-03, 3/17/2026)
The owner of any premises within the City has responsibility for keeping said premises free of public nuisances. For purposes of this Chapter, tenants, occupants, property managers, or any person or entity with possession or control of the premises, shall be deemed to be the agents of the owner.
(Amended by Ord. 93-09, 5/11/93; Ord. 26-03, 3/17/2026)
Nothing in this Chapter shall be deemed to prevent the City Council from:
(a) 
Ordering and directing the City Attorney to commence a civil action in the Superior Court to enforce the provisions of a final order of abatement; and/or
(b) 
Ordering and directing the City Attorney to commence a civil action to abate a public nuisance as an alternative to an administrative proceeding pursuant to this Chapter.
(c) 
Where such a civil action is filed, the Court shall award the prevailing party reasonable attorneys’ fees and costs.
(Amended by Ord. 93-09, 5/11/93; Ord. 26-03, 3/17/2026)
Notwithstanding any other provision of this Code, whenever the City Manager or designee determines that a public nuisance exists within the City, or that the condition of a building or structure constitutes a public nuisance, all as defined in this Chapter or pursuant to other applicable law, and that nuisance constitutes an immediate hazard or danger, the City Manager, without observing the provisions of this Chapter with regard to abatement procedures, shall immediately and forthwith order the abatement of such existing public nuisance, and forthwith report such circumstances to the City Council. Where such abatement is ordered by the City Manager or designee shall, after completing the abatement, comply with the provisions of Section 6.14.005 et seq. hereof.
(Added by Ord. 93-09, 5/11/93; Ord. 26-03, 3/17/2026)