HomeMy WebLinkAbout88-03 Adding Chapter III 1/2 Community Improvement to Title 11 of Municipal CodeORDINANCE NO. 88-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING CHAPTER
III 1/2 COMMUNITY IMPROVEMENT TO TITLE 11 OF
THE COSTA MESA MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOVB :
SECTION 1.
The City Council of the City of Costa Mesa hereby finds and declares
that:
A. The presence of trash, debris, garbage, rubbish, junk, refuse or
waste on private property is detrimental to the public health, safety or
general welfare and to the aesthetics of the community and causes a detri-
mental effect upon other properties in the surrounding area, including but
not limited to the use, value, and enjoyment thereof; and
B. Existing ordinances are not sufficient to prevent accumulation
of trash, debris, garbage, rubbish, junk, refuse or waste, and such condi-
tions have become a problem to property owners in some portions of the City
of Costa Mesa.
Accordingly, the City Council of the City of Costa Mesa hereby adds
Chapter III 1/2 to Title 11 of the City of Costa Mesa Municipal Code as set
forth below:
SECTION 2.
CHAPTER III 1/2. COMMUNITY IMPROVEMENT
Section 11-55. Trash and Debris Nuisance.
The presence of trash or debris of any kind, including but not limited
to matter or material consisting of garbage, rubbish, junk, refuse, or
waste on private property, is hereby declared to constitute a public
nuisance except as provided in Section 11-57.
Section 11-56. Prohibited Conduct.
Except as provided in Section 11-57, it shall be unlawful for any
person owning, leasing, occupying or having charge or possession of any
premises in this City to keep, store, or maintain upon any premises under
his control or in or on any vehicle upon any premises under his control,
any trash or cbbris of any kind, including but not limited to matter or
material consisting of garbage, rubbish, junk, refuse, waste, material
used for or waste from building construction and landscaping activity,
containers, machinery, equipment, household, personal and ccmmercial fur-
nishings, appliances and supplies, v�hen such material is open to view at
street level from a street or adjoining property.
Section 11-57. Exemptions.
The provisions of this chapter shall not apply to the following:
(a) Any material currently in use in the course of lawful construc-
tion, demolition, or landscaping on the site.
(b) Any material contained within a fully enclosed structure or
lawfully constructed solid, opaque wall or fence.
Section 11-57. Enforcement
The provisions of this Chapter shall be enforceable, and violations
shall be punishable, pursuant to Section 1-33, et seq, of this Code.
Criminal prosecution shall not preclude nor be precluded by, abatement of
such trash, debris, garbage, rubbish, junk, litter, refuse or waste pursu-
ant to the provisions of this Code.
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SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once in
the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to
be published the aforementioned summary and shall post in the office of the
City Clerk a certified copy of this Ordinance together with the names of
the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 16th day of Februarv,1288.
Ma f the City of Costa Mesa
ATTEST:
City Clerk of the ,City of Costa Mes
mem
APPROVED AS TO FORM
ITY ATTORNEY
STATE CF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF WSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Ordinance No. 88-3 was introduced and considered section by section
at a regular meeting of said City Council held on the 1st day of February,
1988, and thereafter passed and adopted as a whole at a regular meeting of
said Council held on the 16th day of February, 1988, by the following roll
call vote:
AYES: COUNCIL MEMBERS: yjau, 1
NOES: COUNCIL MEMBERS: W'AA �t,nn
�.j
ABSENT : COUNCIL MEMBERS: 1L4A- ,Q_.o
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City, 6f -Costa Mesa this 17th day of February, 1988.
_
City Clerk and ex -officio Clerk f the
City Council of the City of Co a Mesa
Mm