Amendment to Property Maintenance Code in Municode
Chapter 9, Article 7, Division 2, Sec. 9-279
Overview
This proposal amends Section 9-279 of the Orange County Code to strengthen public safety by requiring prompt action when a dangerous condition poses an imminent threat to life, health, or safety.
Current Language
Upon determining that a dangerous condition exists which poses an imminent threat to the life, health, or safety of the public, the code enforcement division manager or the building official, or a designee of either, may, each in consultation with the other, authorize such repairs, removals, closures, and/or demolitions as deemed reasonably necessary to remove the hazard(s).
Proposed Change
Replace “may” with “shall”:
Upon determining that a dangerous condition exists which poses an imminent threat to the life, health, or safety of the public, the code enforcement division manager or the building official, or a designee of either, shall, each in consultation with the other, authorize such repairs, removals, closures, and/or demolitions as deemed reasonably necessary to remove the hazard(s).
Why This Matters
Prioritizes Public Safety
When an imminent threat is identified, action should not be optional. This amendment ensures that confirmed hazards are addressed promptly and consistently.
Establishes Clear Duty
Replacing discretionary language with mandatory language creates a clear obligation for enforcement officials once the threshold of “imminent threat” is met.
Reduces Risk and Liability
Clear requirements reduce delays, prevent inconsistent enforcement, and lower the risk of injury, loss of life, and subsequent liability for the County.
Improves Accountability and Transparency
Residents expect decisive action when dangerous conditions are identified. This change reinforces public trust and accountability.
Safeguards Remain in Place
• Applies only when an imminent threat is formally determined
• Requires consultation between enforcement officials
• Limits actions to those deemed reasonably necessary
Impact
• Strengthens emergency response authority
• Improves consistency across enforcement decisions
• Enhances protection for residents and first responders
• No change to due process outside emergency situations