Ordinance No. O Page 1 of 5

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1 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA AMENDING SECTION OF CHAPTER 8.06 OF TITLE 8 OF THE PLACENTIA MUNICIPAL CODE TO ESTABLISH ADDITIONAL CONDITIONS CONSTITUTING A PUBLIC NUISANCE; AMENDING SUBSECTION (6) OF SECTION OF THE PLACENTIA MUNICIPAL CODE PERTAINING TO PHOTOGRAPHS TO BE SUBMITTED BY APPLICANTS FOR MASSAGE TECHNICIAN PERMITS; AND AMENDING CHAPTERS AND OF TITLE 23 OF THE PLACENTIA MUNICIPAL CODE TO ESTABLISH AND/OR REVISE DEFINITIONS AND REGULATIONS PERTAINING TO CANOPIES AND TARPS, RECREATIONAL APPARATUS AND TRAILERS, AND GARAGE SALES. City Attorney s Summary This Ordinance amends Section of Chapter 8.06 of Title 8 of the Placentia Municipal Code to establish inadequately maintained yards and landscaped areas visible from the public right-of-way, buildings and fences with deteriorated paint, and the permanent maintenance of temporary storage containers in front yard setbacks of residential properties as public nuisances. This Ordinance also amends Subsection (6) of Section of Chapter 8.40 of Title 8 to adjust the size of required photographs to be submitted by applicants for massage technician permits. This Ordinance also amends Chapter of Title 23 to add or revise definitions for canopy or tarp, recreational apparatus, trailer, and massage establishment, and amends Chapter of Title 23 to add new regulations pertaining to the erection of canopies and tarps and to amend regulations pertaining to garage sales. THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section of Chapter 8.06, Title 8 of the Placentia Municipal Code is hereby amended by adding subsections (8), (9) and (10) to read as follows: (8) Any yard or landscaped area visible from the public right-of-way which contains excessive uncultivated dirt, excessive weeds, debris, or other condition which creates an unkempt appearance; or which lacks appropriate decorative healthy turf or other planted matter, rock, or bark or required landscaping; or which is not maintained in compliance with any Page 1 of 5

2 city ordinance or condition of approval applicable to the property; (9) 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; (10) Maintaining, keeping, or permitting or allowing to be maintained or kept a temporary storage container in the driveway or in any portion of the front yard setback of any residential property that is visible from the public right of way for a period exceeding seven (7) days in duration from time of delivery to time of removal, or such longer period approved in advance in writing by the city administrator. Upon a showing that extenuating circumstances exist that necessitate a longer period, the city administrator may approve the temporary maintenance or keeping of a temporary storage container for a period not to exceed thirty (30) days, subject to reasonable conditions on the time, place, and manner of storage. For purposes of this section, a temporary storage container is any container, storage unit, shed-like container or other portable structure or object designed by the manufacturer thereof for the primary purpose of temporary storage of personal property of any kind; SECTION 2. Subsection 6 of Section , Chapter 8.40, Title 8 of the Placentia Municipal Code is hereby amended in its entirety to read as follows: (6) Four (4) passport size portrait photographs of the applicant taken within thirty (30) days of the filing of the application; SECTION 3. Section is hereby added to Chapter of Title 23 of the Placentia Municipal Code to read as follows: Section Canopy Canopy or tarp means a freestanding, roof-like structure with or without walls, supported by columns, poles or races extending from the ground. Canopy or tarp shall also include, but is not limited to, tent-like patio covers and temporary roof-like structures used to store vehicles. Page 2 of 5

3 SECTION 4. Section of Chapter of Title 23 of Massage establishment. Massage establishment shall have the same meaning as stated in Section of this code. SECTION 5. Section of Chapter 23.04, Title 23 of Recreational apparatus. Recreational apparatus means any device which may be used for camping or recreational purposes and which is not currently registered for operation on public streets. Recreational apparatus includes, but is not limited to, jetskis, sea doos, wave runners, all terrain vehicles, motor bikes, camper units or shells, boats, airplanes, gliders, off-highway vehicles and other devices used for recreational purposes. SECTION 6. Section of Chapter of Title 23 of Trailer. Trailer means any wheeled vehicle designed for carrying persons or property and for being drawn by a motor vehicle. Trailer includes, but is not limited to, camp trailer, mobile home, recreational apparatus, utility trailer or trailer specially designed to carry motorcycles, airplanes, boats, and/or gliders. SECTION 7. Section of Chapter 23.81, Title 23 of Garage sales. Sales of personal property to the general public by means of garage, yard, patio, rummage, or other sales similarly conducted (collectively, garage sales ) shall be a temporarily permitted accessory use in residential zones, provided such sales are held and conducted in accordance with the provisions of this section. No person shall operate, conduct, manage, or allow or permit to be conducted, a garage sale on any residentially zoned or residentially occupied property, except under the following conditions: Page 3 of 5

4 (1) Garage sales may only be conducted on the first full weekend of the months of March, June, September, and December. For purposes of this section, weekend means Saturday and Sunday. Garage sales may be conducted on days other than those specified above upon obtaining a permit. Such a permit shall be obtained by making written application to the Director of Development Services on a form provided by the City. No more than two (2) such permits authorizing additional garage sales on any parcel of property shall be issued within a calendar year. Fees for processing and issuing a permit under this section shall be set by resolution of the City Council and shall be paid at the time of submission of an application. (2) All garage sale activity shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. (3) Garage sale activity may not be conducted on the public sidewalks, parkways, streets, or alleys. (4) All items sold at a garage sale must be used goods, wares or merchandise of a household or personal nature, from the household(s) of the persons conducting the garage sale, and not acquired elsewhere for resale. (5) For placement of off-site directional signs, see Section (6) Any police, code enforcement, or other officer of the city shall have the right to inspect the merchandise on display or stored for sale on the premises during a garage sale authorized by this section. (7) The provisions of this section shall not apply to persons selling goods pursuant to process or order of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials. SECTION 8. Section is hereby added to Title 23, Chapter of the Placentia Municipal Code as follows: Section Canopies. Canopies, portable canopies, and tarps shall not be erected on any residentially zoned or residentially occupied property for a period of more than seventy-two (72) consecutive hours during any fourteen (14) day period if any part(s) of the canopy, tarp or structural supports thereof are visible from a public right-of-way. Page 4 of 5

5 SECTION 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. PASSED and ADOPTED this day of ATTEST: PATRICK J. MELIA, CITY CLERK SCOTT NELSON, MAYOR I, PATRICK J. MELIA, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the day of, 2008 and was finally adopted at a regular meeting held thereof on the day of, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PATRICK J. MELIA, CITY CLERK APPROVED AS TO FORM BRADLEY R. HOGIN, CITY ATTORNEY Page 5 of 5