O.C. city sues couple who removed front lawn to save water

Some Southern California cities fine residents for watering their lawns too much during drought conditions.

But in Orange, city officials are locked in a legal battle with a couple accused of violating city ordinances for removing their lawn, which they did to save water.

The dispute began two years ago, when Quan and Angelina Ha tore out the grass in their frontyard. In drought-plagued Southern California, the couple reasoned, the lush grass soaked up tens of thousands of gallons of water – and hundreds of dollars – each year.

Quan and Angelina thought they were doing something good for the environment.

“We’ve got a newborn, so we want to start worrying about her future,” said Quan Ha, an IT manager for Kelley Bluebook. 

But city officials informed the Has that they were violating several city laws that require residents to cover significant ports of their front lawns with live ground cover. On Tuesday, the two are scheduled to appear in Orange County Superior Court to challenge a lawsuit the city filed against them. They are fighting City Hall, saying their yard looks fine.

Soon after the city complained about the yard, they covered the dirt with wood chips, with help from neighbor Dennis Cleek.

“It’s their yard, it’s not overgrown with weeds, it’s not an eyesore,” said Cleek, whose own yard boasts fruit and avocado trees. “We should be able to have our yards look the way we want them to.”

But city officials determined the fix was not acceptable, saying city codes require that 40% of the yard be landscaped predominantly with live plants.

“Compliance -- that’s all we’ve ever wanted,” explained City Atty. Wayne Winthers. Last summer, the couple tried to appease the city by building a fence around the yard and planting drought-resistant greenery – lavender, rosemary, horsetail and pittosporum, among others. They sent a photo to city officials in October but say they received no response.

A few months later, they heard from the city, which said their landscaping still did not comply with city standards.

“They put up a nice fence but [the photo] didn’t show anything about how they had complied with code, as far as the frontyard goes,” Winthers said, “nor did it include a site plan.”

At the end of January, the Has received a letter from the city informing them they had been charged with with misdemeanor code violations and must appear in court.

“It’s just funny that we pay our taxes to the city and the city is now prosecuting us with our own money,” Quan Ha said. “Doesn’t it waste funds to go back and fourth in court, rather than sending pictures, e-mails and having phone conversations?”

Winthers said he hoped the city could work out a compromise with the couple. “We know times are tough, but we’re willing to work with them; we’d be more than happy to,” he said.

Meanwhile, the couple said there had been one bright spot: They reduced their water usage from from 299,221 gallons in 2007 to 58,348 gallons in 2009.

-- Amina Khan

Comments

[ltate]

Orange County is out of touch. The city should be sued for wasting taxpayers money and for harrassment.

[Tornadoes28]

How can an ordinance like this be legal? Whatever happened to private property rights? I can understand a city passing rules against weeds or trash but this is insane. The city of Orange should be sued for stupidity.

[Dee Green]

"They reduced their water usage from from 299,221 gallons in 2007 to 58,348 gallons in 2009. "

They saved over 240,000 gallons of water in 1 year, just by removing grass in the front that they probably never set foot on aside from maintenance. We live in a desert! Virtually all of our water is imported from somewhere else. How can such a significant savings NOT be a good thing?

The Has should be handsomely rewarded for saving a precious, valuable, limited natural resource. I congratulate them, and hope the short-sighted bureaucrats who are prosecuting you live long enough to see grass BANNED throughout Southern California in front yards, along parkways, etc., just like they've done in parts of AZ and NV.

[slayerfan66]

These folks should not be penalized for trying to do what they feel is the right thing to do in drought-plagued southern California. I wish them luck in standing up to the man. it will be interesting to see how it plays out. "save water" but heaven forbid we actually do. stupid beaurocrats!!

[Tirau]

“Compliance -- that’s all we’ve ever wanted,”- yeah, so said the Nazis as well.

[CTNM]

Okay, these Orange city officials need to be fired.

[Jerry Flynn]

Yard police. Just require people to keep their yards neat and safe. Let the neighbors work it out.

[The idiot parade]

The government-funded idiot parade continues. Does anyone in government ever think? Are city attorneys really this lame? How about making the Has post a million dollars bail?

[Someone Somehere]

Home of the free, as long as there's grass there.

[David]

Are you serious? The cities stance is almost criminal given the current state of public finances and drought conditions.

[flyl03]

Typical OC

[scott]

hilarious!

[boochie]

If they replaced their lawn w/a good looking alternative such as native plants and or plants that require less water what is the problem? Even though we don't live in a desert like Nevada or Arizona water is scarce here for 7-month out of the years.

[Jeff Weaver]

I read this and remembered my search for conservation efforts here in Sherman Oaks so I checked the Orange, CA web page. They suggest that residents do what this couple did.
This is what I found:

Save Water in the Yard
- Water your lawn only when it needs it.
- Water late in the day when water evaporates at a reduced rate.
- Install a “smart” irrigation controller that adjusts the watering schedule according to the weather. Click here for rebate information.
- Install rotating nozzles that provide better coverage and improve the efficiency of your irrigation system. Click here for rebate information.
- Replace water-guzzling lawns with synthetic turf. Click here for rebate information.
- Do not water gutters or sidewalks.
- Use drought-resistant plants and shrubs. Visit bewaterwise.com to learn more.
- A layer of mulch around trees and plants slows evaporation.
- Sweep driveways and sidewalks rather than using a water hose.
- Check for leaks in pipes, hoses, couplings and faucets.

[john]

Since the city's argument seems fairly illogical, and probably singling out a single family to prosecute, I would guess the motives of these "ordinance enforcers" has to be something else than just enforcing code. Or does somebody go around measuring how many sq feet are being covered by vegitation? probably not, so i suspect racism or something of it's ilk

[jacob]

The Ha's are certainly looking to cause a dispute. They clearly know the ordinances and can easily plant drought tolerant landscaping in their front yard. No neighbors want to look at fake grass or other artificial landscaping materials that just degrade the neighborhood. Oh well, their fake landscaping will fit in real well in the grafitti riddled city of Orange and neighboring Santa Ana.

[ShowStop]

So even if they were to rip out their lawn and replace it with fake grass, they still wouldn't pass the ordinance since the fake grass isn't a "live plant". Sounds like the city needs to review and update their city ordinance.

[Dave A]

The irony here is that there are (more intelligent) city governments suggesting, and perhaps even requiring, that people remove their grass lawns and replace with something less thirsty for our scarce water supplies.

File this under ridiculous governments run amok.

[Hoot]

So, it's more important that citizens obey an outdated (and randomly enforced) law about aesthetics rather than being responsible about the future of our region? Is that the message OC is sending? Change the law - it's not 1960.

[Kevin]

“It’s just funny that we pay our taxes to the city and the city is now prosecuting us with our own money,” Quan Ha said. “Doesn’t it waste funds to go back and fourth in court, rather than sending pictures, e-mails and having phone conversations?”
This is why people oppose tax hikes.

[Craig]

The city is just pissed cause they threw the baby out with the bathwater. Its punishment because now they cant the extra revenue

[Colleen Kay]

I live in Mission Viejo and we have an horrible association that dictates everything from paint color to how tall your trees can grow. Yet we have graffiti too.
I have gone over the city of Orange ordinances and could not find the Ordinance in question. I did find an Ordinance accepted in 2009 that approved artificial grass lawns. I also did not find where the required anyone moving into the city to read and understand the city ordinances. A well kept artifical lawn is much more appealing than a so-so real grass lawn. jacob you must be one of those folks who just love to be negative. Post to the OC Register you would fit in just fine.

[so cal person]

Jacob - Did you read the entire article?? They did not plant 'fake greenery' but did just as you said, and planted drought resistance plants.

"...and planting drought-resistant greenery – lavender, rosemary, horsetail and pittosporum, among others."

I suggest reading the entire article before making comments. :P

[catherine turley]

jacob
your idea of beauty and mine are totally different. so why should i have to conform to your standards and not the other way around.

the people of orange need to remember this waste of money as well as the criminal prosecution of a 77 year old woman who couldn't afford to tear down an addition made to her house years before she even bought it. that law abiding senior citizen is now on probation. the people of orange need to vote out every single council member at the next election unless they denounce this police state and work to reform it immediately.

[Debbie]

The OC officials are waaayyy out of line!