HomeMy WebLinkAboutORD 1080 (1991) ORDINANCE NO. 1080
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA AMENDING ARTICLE 5, CHAPTER 5,
4 OF THE TUSTIN CITY CODE IN ITS ENTIRETY RELATING TO
THE ESTABLISHMENT OF MINIMUM PROPERTY MAINTENANCE
5 STANDARDS
The City COuncil of the City of Tustin hereby ordains as
7 follows:
8 Section 1: Legislative Findings
9 WHEREAS, the City council finds that areas of the City of
Tustin are undergoing social, economic and physical
]0 deterioration; and
]] WHEREAS, this deterioration is resulting in the following
community problems: An increase in crime, noise pollution,
]2 lack of adequate parking, trash and debris buildup, physical
deterioration of the city's housing stock, visual blight,
]3 dying landscaping, rodent infestation and graffiti buildup;
and
]4
WHEREAS, the City Council finds that an example is the
]5 southwest neighborhood of the city bounded generally bythe I-
... ~. ... .5, Newport, Walnut', Edinger,~..McFadden,.and Red Hill,-.Which
]O neighborhood is characterized by:
]7 1. An aging housing stock where two-thirds of all
units in the area are more than 21 years old;
I8
2. A densely populated area with a total of 4,220
19 multi-family units which comprise 56% percent of all such
units in the City;
3. A higher than average vacancy rate (5% to 8%,
2] compared to a 3-3/4% county average);
4. An increased crime pattern consuming one-third of
the total of police time spent on all police calls;
5. Increase in graffiti activity;
6. Accumulation of debris and trash near and along
the front and sides of residential properties open to
public view;
7. Structural dwelling defects consisting of broken
roof coverings, windows, walls, stucco, broken driveways
and pathways;
Ordinance No. 1080
Page 2
8. Increase in nuisance complaints relating to
parking noise and trash and debris buildup;
9. Higher unemployment rate versus the city-at-large
rate; and
WHEREAS, the City Council further determines that it is
necessary to enact minimum property maintenance standards to
address the physical deterioration of this and other areas of
the City; and
WHEREAS, the City Council finds that such standards will
promote the public health and safety by preventing further
deterioration and the achievement of a potential enhancement
of the physical condition of real properties;
NOW, THEREFORE, the City Council proposes to add
comprehensive revisions to Article 5, Chapter 5 of the Tustin
City Code by the enactment of minimum property maintenance
standards to address the above-described community problems.
Section 2. Article 5, Chapter 5 of the Tustin City Code
is hereby.amended in. its entirety to read as follows:
CHAPTER' 5
PROPERTY MAINTENANCE AND NUISANCE
ABATEMENT REGULATIONS
STANDARDS.
5500 PURPOSE AND FINDINGS
The purpose of this chapter is to provide for the
abatement of conditions which are offensive or annoying to the
senses, detrimental to property values and community
appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property, or hazardous or
injurious to the health, safety or welfare of the general
public in such ways as to constitute a nuisance. The Council
finds and determines as follows:
(a) The City has a history and reputation for well kept
properties and the property values and the general
welfare of the community are founded, in part, upon the
appearance and maintenance of private properties-
(b) There is a need for further emphasis on property
maintenance and sanitation in that certain conditions, as
described in this chapter, have been found from place to
place throughout the City-
Ordinance No. 1080
Page 3
(c) The existence of such conditions as described in this
chapter, is injurious and inimical to the public health,
safety, and welfare of the residents of the City
and contributes substantially and increasingly to the
deterioration of neighborhoods.
(d) Abatement of such conditions is in the best interests of
the health, safety and welfare of the residents of the
City because maximum use and enjoyment of property in
proximity to one another depends upon maintenance of
those properties at or above a minimum standard.
(e) Unless corrective measures are undertaken to alleviate
such existing'conditions and assure the avoidance of
future problems in this regard, the public health,
~afety, and general welfare, and specifically the social
and economic standards of the community, will be
depreciated.
(f) The abatement of such conditions will improve the general
welfare and image of the City.
550l DEFINITIONS
For the purposes ~f this'Chapter, the ~011owin -Words and"
phrases shall have the meaning a~cribed thereto:
"Abandoned": In addition to those definitions provided by
state codes, local ordinances and case law, the term
"abandoned" neans and refers to any item which has ceased to
be used for its designed and intended purpose. The following
factors, among others, will be considered in determining
whether or not an item has been abandoned:
(1) Present operability and functional utility;
(2) The date of last effective use;
(3) The condition of disrepair or damage;
(4) The last time an effort was made to repair or
rehabilitate the item;
(5) The status of registration or licensing of the item;
(6) The age and degree of obsolescence;
(7)' The cost of rehabilitation or repair of the item versus
its market value;
Ordinance No. 1080
Page 4
(8) The nature of the area and location of the item.
"Abate" means to repair, replace, remove, destroy or
otherwise remedy the condition in question by such means and
in such manner and to such an extent as the Enforcement
officer in his or her judgment shall determine is necessary in
the interest of the general health, safety and welfare of the
community.
"Attractive nuisance" shall mean any condition,
instrument or machine which is unsafe and unprotected and
thereby dangerous to young children by reason of their
inability to appreciate the peril therein, and which may be
reasonably expected to attract children to a property and thus
risk injury by playing with, in or on it.
"Dismantled" means that from which essential equipment,
parts or contents have been removed or stripped and the
outward appearance verifies the removal.
"Enforcement officer" means that person or other City
officer or employee as may be designated in writing by the
City Manager to. enforce property maintenance, zoning and ~ther
City violations-.
"Graffiti" means City unauthorized inscribing, spraying
of paint, or making of symbols using paint, spray paint, ink,
chalk, dye· or similar materials on public or private
structures, buildings, places or other surfaces.
"Inoperative" means incapable of functioning or producing
activity for mechanical or other reasons.
"Person" means person, partnership, corporation, or any
other entity.
"Property Owner" means the person(s) or entity to whom
property tax is assessed, as shown on the last equalized
assessment roll of the County.
"Owner" means the registered owner of a vehicle which
includes but shall no be limited to the property owner,
renter, lessor and/or other residents or guests residing
permanently or temporarily on a residential property.
"Premises" means any building, lot, parcel, real estate,
or land or portion of land whether improved or unimproved,
including adjacent streets, sidewalks, parkways and parking
strips.
Ordinance No. 1080
Page 5
"Property" means any lot or parcel of land and shall
include any alley, sidewalk, parkway or_unimproved public
easement abutting such lot or parcel of land.
"Wrecked" means that which has an outward manifestation
or appearance of damage to parts and contents which is
essential to operation.
5502 PROPERTY MAINTENANCE NUISANCES
It is hereby declared to be a public nuisance for any
property owner or other person in control of said property to
keep or maintain said property, including adjacent parkways,
sidewalks or streets under fee ownership by said person, in
such manner that any of the following conditions are found to
exist:
(a) Any abandoned, dismantled, wrecked, inoperable, discarded
objects or equipment such as, but not limited to
automobiles, trucks, trailers, boats, appliances, water
heaters, refrigerators, furniture, fixtures,
miscellaneous machinery and equipments, cans or
containers standing or stored on property or on adjacent
'-- parkway sidewalks or.streets .Which ca~.be..vie~e~.frQm a
pUbli~ h~ghway~ walkway, or from private or 'public
property, or which items are readily accessible from such
places, or which are stored on private property in
violation of any other law or ordinance;
(b) Any condition which exists upon any premises that is
dangerous to human life or is detrimental to health as
determined by an appropriate city official;
(c) Any alteration of 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
property 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 of
any real property;
(d) Disposal or presence of oil, grease, other petroleum
products, noxious chemicals, pesticides, or any gaseous,
liquid or solid waste in such a manner to consist a
health or fire hazard or degrade the appearance of or
detract from the aesthetic and property values of
neighboring properties;
Ordinance No. 1080
Page 6
(e) Lumber (excluding stacked firewood not visible from a
public street, alley or adjoining property for use on the
property or lumber for a construction project on the
property with a valid permit), junk, trash, salvage
materials (including but not limited to auto parts, scrap
metals, tires, tin cans and bottles), or packing boxes or
other debris stored on premises in excess of 72 hours;
(f) Any performance of work on motor vehicles, vehicle
engines or parts, or household fixtures, on a public
right-of-way or performance of such work in yard areas of
residential properties so as to be visible from a public
right-of-way or neighboring properties other than
emergency repairs or minor maintenance being performedby
the owner of the vehicle or fixture;
(g) Any swimming, pool, pond, spa or other body of water or
excavation which is abandoned, unattended, or unfiltered;
(h) Trailers not within established mobilehome parks,
dumpsters or similar vehicles or equipment used for
sleeping purposes;
...-(.~) AccumulatiQns. 9~.asPha~t',.concrete-,.Pla~ter,.'tile-,-r°cks~
bricks, building materials and fill dirt resulting from
excavations on or off the property;
(j) 'Use of-a parked or stored vehicle, boat, camper shell,
trailer or other similar item as temporary or permanent
living space;
(k) Any vehicle, boat, camper shell or other similar item
parked or stored on an unpaved surface or which blocks
access to a required parking space;
(1) Presence of graffiti, that is, City unauthorized
inscribing, spraying of paint, or making of symbolsusing
paint, spray paint, ink, chalk, dye, or similar materials
on public or private structures, buildings, or places.
(m) Property failing to meet minimum levels of maintenance
and care as set forth as follows:
(1) Landscapinq. All landscaping shall be maintained in
ahealthy condition free of dead, decayed, overgrown or
discarded plant material;
(2') Landscape Irriqation. Landscape irrigation pipes and
sprinkler heads shall be maintained in good working order
Ordinance No. 1080
Page 7
so as to cover all landscaped areas;
(3) Walls, Fences and Other Structures. All walls, fences
and trash enclosures and other structures shall be
maintained free of significant surface cracks, dryrot,
warping, missing panels or blocks which either (i)
threaten structural integrity, or (ii) results in a
dilapidated, decaying, disfigured, partially ruined,
appearance;
(4) Parkinq and Related Surfaces. Parking surfaces and
pedestrian walkways shall be maintained in a safe
condition such that any concrete, asphalt or other
driving or walking surfaces are free of potholes, buckled
or cracked surfaces or raised areas;
(5) Buitdinq Elevations and Roofs. Exterior building
surfaces and roofs shall be maintained free of
significant surface cracks, missing materials, warping,
dryrot or blocks, which either (i) threatens structural
integrity, or (ii) results in a dilapidated, decaying,
disfigured, partially ruined, appearance.
.- (6)-.Trash and D~bris. ~he..~rope~ty--'Shall, be.main~ained
free of the'accumulation of trash-and debris. Trash and
debris associated with permitted uses are to be stored
solely in designated trash enclosures.
Any violation of subsection 5502(m)(5) is hereby
declared to-be a misdemeanor.
5503 PUBLIC NUISANCE
(a) Authority to Abate and Impose Sanctions
Enforcement of this chapter may be accomplished by the
enforcement officer in any manner authorized by law. The
procedures set forth ~n this chapter shall not be
exclusive and shall not in any manner limit or restrict
the city from enforcing other city ordinances or abating
public nuisances in any other manner provided by law.
Whenever an enforcement officer determines that any
condition exists in violation of Section 5502, he or she
may take enforcement action pursuant to this section.
Notwithstanding the public nuisance abatement pr6cedures,
criminal and/or civil remedies may be employed as
provided under law.
Ordinance No. 1080
Page 8
(b) Written Notice
Whenever the enforcement officer has inspected the
location of the alleged violation and it has been found
or determined that conditions constituting a nuisance
exists on any property located in the city, the
enforcement officer may prepare a notice and order and
cause the owner of the property and the person, if other
than the landowner occupying or otherwise in charge or
control of property to be notified in writing of the
existence of said condition and/or require an appearance
before the enforcement officer at a stated time and place
to show why such condition should not be abated by the
City at such person's expense. The notice and order to
abate the determined public nuisance shall contain the
following:
(1) The street address and a legal description
sufficient for identification of the property on
which the condition exists.
(2) A statement that the enforcement officer has
determined that a -public nuisance is being
maintainedoon-.the prope~ty.'~ith a.brie.fdesc~iptiQn~
of the conditions' which render .the' property a
public nuisance.
(3) An order to secure all appropriate permits and to
physically commence, within a certain time from the
date of service of the notice and order, and to
complete within that reasonable and established
~' time and date, the abatement of the described
conditions.
(4) A statement advising that the disposal of any
material involved in public nuisances shall be
carried forth in a legal manner.
('5) A statement advising that if the required work is
not commenced within the time specified, the
enforcement officer will proceed to cause the work
to be done, and bill the persons named in the
notice for the abatement costs and/or assess the
costs against the property.
(6) A statement advising that any person having any
interest or record title in the property may
request consideration of the notice and order or
any action of the enforcement within ten (10) days
Ordinance No. 1080
Page 9
from the date of service of the notice and order.
(7) A statement advising that the notice and order will
be recorded against the property in the Office of
the County Recorder.
(c) Manner of Notice
The notice and order, and any amended notice and order,
shall be mailed by first class mail, postage prepaid, to
each person as required pursuant to the provisions of
subsection (b) of this section at the address of the
violation as it appears on the last equalized assessment
roll of the County or as known to the enforcement
officer. The address of owners shown on the assessment
roll shall be conclusively deemed to be the property
address for the purpose of mailing such notice. The
failure of the enforcement officer to make or attempt
service on any person required in this section to be
served shall not invalidate any proceedings hereunder as
to any other person duly served. Service by mail in the
manner herein provided shall be effective on the date of
mailing. .The failure of any such person entitled' to
-.receive Su~ch'nOtice-shall not'affect ~he.~alidity of any..
proceedings t~en°'under this arti~le.-Proof of Service of
the notice and order shall be documented at the time Of
service by a declaration under penalty of perjury
executed .by the person effecting service, declaring the
time and manner in which service was made. At the time
the notice and order is served, the enforcement officer
shall file in the Office of the County Recorder a
certificate legally describing the property and
certifying that a public nuisance exists on the property
and that the owner has been so notified. The enforcement
officer shall file a new certificate with the County
Recorder that the nuisance has been abated whenever the
corrections ordered shall have been completed so that
there no longer exists a public nuisance on the property
described in the certificate; or the notice and order is
rescinded upon appeal; or whenever the City abates the
nuisance and the abatement costs have been paid.
(d) Extension of Time to Perform Work.
Upon receipt of a written request from any person
required to comply with the order, the enforcement
officer may grant an extension of time within which to
complete said abatement, if the enforcement officer
determines that such an extension of time will not create
Ordinance No. 1080
Page 10
or perpetuate a situation imminently dangerous to life or
property. The enforcement officer. shall have the
authority to place reasonable conditions on any such
extensions.
(e) Hearing
The enforcement officer may set a date, time and place to
hear any relevant evidence concerning the existence of
the alleged public nuisance and the question of whether
the expense of abating said public nuisance, if
determined to exist, should be made a lien on the
property.
If, at the conclusion of such hearing, the enforcement
officer is Satisfied that said condition exists and
concludes that it should be abated at the expense of the
landowner, he or she shall advise such person in writing
in the same manner as provided in subsection C of this
section. Such notice shall also inform the landowner of
the right of appeal as provided in Section 5504. In the
event any person given notice of hearing, as shown by the
evidence of mailing, should fail to appear at said
hearing,' then such evidence available to'the-enforcement.-
~fficer shall be Sufficient evidence of the ex'istenCe'of
facts in supportof said conclusion.
(f) Request for Reconsideration
Any person aggrieved by the action of the enforcement
officer in issuing a notice and order pursuant to the
provisions of this chapter may appealin accordance with
provisions of Section 5504 of this chapter. If no appeal
is filed within the time prescribed, the action of the
enforcement officer shall be final.
5504 APPEALS.
(a) Appeal of Enforcement Officer Decision
Any person entitled who is dissatisfied with a public
nuisance determination of the enforcement officer shall
have the right to appeal to the Planning Commission
within seven (7) days from the date of mailing of the
decision of the enforcement officer. Such appeal shall be
in writing and filed with the Community Development
Department, together with a filing fee in an amount as
may be prescribed by the City Council by resolution. The
notice of appeal shall specify:
Ordinance No. 1080
Page 11
1. The legal description and street address of the
property;
2. The determination being appealed;
3. The owner's or appealing party's legal interest in
the property;
4. A statement of disputed and undisputed facts;
5. A statement specifying that portion of decision or
hearing proceedings that are being appealed
together with any evidentiary and supporting
materials that would support the appeal;
6. 'A signed verification of the truth of all matters.
Upon the timely filing of a notice of appeal in the
proper form, the Community Development Department shall
place said appeal upon regular meeting of the Planning
Commission scheduled to be held not less than thirty (30)
days after said appeal is received.
"The-'-Community-. Development Department 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 w~om notice of the enforcement
officer's order was sent. Said notice shall be sent in
the same manner as notice of the enforcement officer's
notice and order.
The Planning Commission may limit the issues on appeal to
those set forth in the appellant's notice of appeal, may
consider the record produced before the enforcement
officer, and may allow additional evidence to be
produced.
Notice of the Planning Commission's determination shall
be in substantially the same form as that sent by the
enforcement officer and shall be sent to all persons to
whom notice of the enforcement officer's order was sent
as well as to all persons requesting such notice, in
writing, at the time the appeal is heard.
(b) Appeal of Planning Commission Decision
Any person who is entitled to notice of hearing, who
participated in the Planning Commission hearing and who
is dissatisfied with a public nuisance decision of the
Ordinance No. 1080
Page 12
Planning Commission may appeal any order, requirement,
decision or determination to the City Council in the
same manner set forth for enforcement officer appeals.
Appeals shall be made in writing and filed with the City
Clerk prior to 5:00 p.m. of the day of the first regular
meeting of the City Council following the Planning
Commission action to be appealed, together with a filing
fee in the amount as prescribed by the City Council
resolution which may be amended from time to time.
Upon any appeal being duly filed or requested by the City
Council, a time for hearing shall be a date set within-
thirty (30) days of the filing of the appeal. Notice of
the appeal shall be sent in the same manner as notice of
the Planning Commission's decision.
At the close of the hearing on an appeal, the City
Council may reverse or modify the decision' of the
Planning Commission and/or remand the matter to the
Planning Commission for further proceedings in accordance
with directions of the City Council. If the City Council
does not take any action r~versing, modifying and/or
remanding of the decision of the Planning Commission
-within..~thirty ~30) 'days af.ter--th~-~il~n~. of.--appeal?
thereon, ~he Planning Cbmmission's action on the matter
shall be final and conclusive. Notice of a final
determination shall be sent in the same manner as after
the Planning Commission's determination.
5505 ABATEMENT OF NUISANCE BY CITY
If such nuisance is not completely abated by the owner as
directed within the abatement period, the City shall
immediately cause the same to be abated by City personnel or
private contract and such personnel or persons under contract
are expressly authorized to enter upon said premises for such
purposes. The owner of said premises shall be liable to the
City for all costs of such abatement, including all
administrative and inspection costs.
5506 PROCEEDINGS FOR ABATEMENT OF IMMINENTLY DANGEROUS
PUBLIC NUISANCES
Whenever the enforcement officer determines that a public
nuisance is so imminently dangerous to life or adjacent
property that such condition must be immediately corrected, or
isolated, the following procedures may be instituted.
(a) The enforcement officer shall attempt to make contact
]
Ordinance No. 1080
2 Page 13
4 through. a personal interview, or by telephone with the
landowner or the person, if any, occupying or otherwise
5 in real or apparent charge and control thereof. In the
event contact is made, the enforcement officer shall
6 notify such person, or persons, of the danger involved
and require that such condition be immediately removed,
7 repaired or isolated so as to preclude harm to any person
or property.
8
(b) In the event the enforcement officer is unable to make
9 contact as hereinabove noted, or if the appropriate
persons, after notification by the enforcement officer,
]0 do not take action as specified by such official, within
the time frame requested, then the enforcement officer
~ may, with the approval of the City Manager, take all
steps deemed necessary to remove or isolate such
]2 dangerous condition, or conditions, with the use of City
forces or a contractor retained pursuant to the
~3 provisions of this Code.
]4 (c) The enforcement officer shall keep an itemized account of
the costs incurred by the City in removing or isolating
]5 such condition, or conditions. Such costs may be
~ recovered in the same-manner. that abatement costs are
]G recovered pursuant:to this chapterS'
]7 5507 COSTS OF INSPECTION
]8 Whenever a public nuisance as defined in this chapter is
found to exist as a result of said inspection, the reasonable
~9 costs for said inspection as set by City Council resolution
shall be paid by the landowner-
20
5508 ASSESSMENT OF COSTS AGAINST PROPERTY
(a) Cost Assessment
The enforcement officer, personnel or persons who abate
23 the nuisance shall keep an account of the cost of
abatement. Such personnel or persons shall submit an
24 itemized written report showing such costs to the
Community Development Department for transmittal to the
25 City Clerk for City Council-
26 (b) Hearing on Assessment
27 The City Clerk shall thereupon set the report and account
for hearing by the City Council at the first regular
28 meeting which will be held at least seven calendar days
Ordinance No. 1080
Page 14
after the date of filing, and shall post a copy of said
report and account and notice of the-time and place of
hearing in a conspicuous place in or near the entrance of
the Tustin City Hall. The owner who is affected by such
report and account shall be sent a notice advising him of
the date, time and place of the hearing and said notice
shall be served.
(c) Tax Lien
The City Council shall consider the report and account at
the time set for hearing, together with any objections or
protests by any interested parties. Any owner of land or
person interested therein may present a written or oral
protest or objection to the report and account. The City
Council may modify the report if it is deemed necessary,
and shall then confirm the report by motion or
resolution. Pursuant to appropriate sections of the
Government Code and in particular Section 38773.5 and
Section 25845, the total costs of abatement including all
administrative costs, shall constitute a special
assessment against that parcel. After the assessment is
made and confirmed, it shall be a lien on the property.
(d) Cost Report
After confirmation of the report, a certified copy shall
be .filed with the Orange County Auditor on or before
August 10 of each year and the auditor shall be requested
to enter the amounts of the respective assessments on the
county tax roll.
(e) Special Assessment
Such special assessment shall be collected at the same
time and in the same manner as ordinary municipal taxes
are collected and shall be subject to the same penalties
and the same procedures and sale in case of delinquency
as provided for ordinary municipal taxes.
(f) Refunds
The City Council may order refunded all or part of an
assessment paid pursuant to this chapter if it finds that
all or part of the assessment has been erroneously
levied. An assessment or any part thereof shall not be
refunded unless a claim is filed with the City Clerk on
or before December 1st after the assessment becomes due
and payable. The claim shall be verified by the person
]
Ordinance No. 1080
2 Page 15
4 who paid the assessment, or his guardian, executor, or
administrator.
5509 GENERAL PENALTY AND CONTINUING VIOLATIONS
6
(a) Any person violating or failing to comply with any
7 provision or mandatory requirement of this code shall be
guilty of a misdemeanor unless charged as an infraction
8 by the enforcement officer.
9 (b) Each person guilty of a misdemeanor or infraction shall
be guilty of a separate offense for each and every day
]0 during any portion of which any violation or any
provision of this code is committed, continued or
~] permitted by such person and shall be punished
accordingly.
(c) Any person who removes any notice or order posted as
]3 required in this chapter, for the purpose of interfering
with the enforcement of the provisions of this chapter,
]4 is guilty of a misdemeanor unless charged as an
infraction by the enforcement officer.
(d) Any person who obstructs, impedes or interferes with any
]6 representative of a City department or with any person
who owns or holds an estate or interest in a building
]7 which has been ordered to be vacated, repaired,
rehabilitated,'or demolished or with any person to whom
~8 any such building has been lawfully sold pursuant to the
provisions of this chapter when any of the aforementioned
~9 individuals are lawfully engaged in proceedings involving
the abatement of a nuisance iS guilty of a misdemeanor
20 unless charged as an infraction by the enforcement
officer.
(e) The penalties and procedures provided in this chapter
22 shall be cumulative and in addition to any other
procedure or procedures provided in this Code or by state
23 law for the abatement of any of the conditions described
herein, and abatement hereunder shall not prejudice or
24 affect any other action, civil or criminal, for the
maintenance of any such condition.
5510 SEVERABILITY
It is declared to be the intention of the City Council
27 that the sections, paragraphs, sentences, clauses and phrases
of this chapter form interrelated regulations for dealing with
28 the problem of property maintenance and public nuisances
Ordinance No. 1080
Page 16
within the city, but that such sections, paragraphs,
sentences, clauses and phrases are distinct. and severable and,
in the event that any sections, paragraphs, clauses and
phrases are declared unconstitutional, invalid or
unenforceable by any court of competent jurisdiction, such
unconstitutionality, invalidity or unenforceability shall not
affect any of the remaining sections, paragraphs, clauses or
phrases of this chapter.
meeting of the stin City
PASSED and ADOPTED at a regular ~e~lh.~/
Council held on the 18th day of November 1991.
CHARLES E. PUCKETT
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1080
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Ordinance No. 1080 was duly and regularly introduced and read
at a regular meeting 0f the City Council held on the 4th day
of November, 1991, and was given its second reading, passed
and adopted at a regular meeting of the City Council held on
the 18th day Of November, 1991, by the following vote:
COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
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