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Matt Hickman

Orange County's law-breaking landscapers

An Orange County, California, couple face steep fines — and possibly jail time — for replacing a conventional grass lawn with drought-tolerant landscaping.

Thu, Feb 25 2010 at 5:50 PM EST
 74

Going green isn’t always a straightforward task if you’re subject to aesthetic-driven codes enforced by homeowners associations and other entities. Just ask defiant homeowners who have paid the price — with fines, complaints, and nasty glances from disapproving neighbors — by installing solar panels or line-drying clothing.
 
Meet brazen eco-martyrs Quan and Angelina Ha, a couple in the city of Orange in Orange County, California, who have gotten themselves into a bit of hot water. Quan and Angelina haven’t installed a massive photovoltaic array on their roof nor have they hung their dirty laundry for all to see. And no, they don’t keep an unruly brood of chickens out back and they aren't in the habit of sorting their neighbors’ recyclables at 2 a.m. Instead, the couple, in an effort to conserve water and save cash that they’d otherwise be spending on a manicured lawn, decided to replace their conventional grass lawn with a drought-tolerant garden filled with lavender, rosemary and native wildflower seeds.
 
This is a totally sensible move, right, especially considering that Southern California is going through a serious drought and many areas have enacted water-conserving ordinances? Not according to the city of Orange, which is taking Quan and Angelina to court on March 2. The couple could face a maximum penalty of six months in jail and a $1,000 fine for their grass-free, eco-friendly landscaping scheme.
 
The Ha family has been in a legal dispute with Orange for more than a year because of their lack o’ lawn. According to the city, 40 percent of residential lawns must be traditionally landscaped which, as you can see in the video below, the Ha lawn isn’t. I’ll admit, their yard isn’t the most attractive thing to look at (it’s currently covered in wood chips) but it’s not an unkempt eyesore, and Quan and Angelina themselves don’t appear to be complete whackos … just a nice, young couple with a child who want to do right by Mother Nature and conserve water in perpetually drought-stricken Southern California.
 
 
Personally, I’m disgusted that the Ha family even have to deal with the possibility of fines and jail time. If a drought didn’t play into this and the lawn was just covered with dirt and debris it would be one thing, but c’mon, Orange — why not spend more time persecuting water wasters, not water conservers … or, at the very least, folks who insist on displaying ceramic frogs and gazing balls in their front yards.
 
Via [Los Angeles Times] via [KTLA]
 
Screenshots: KTLA

 

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anonymous
Shania Gans 02/24/2012 18:20 PM

While I totally understand why neighbors might feel that their lack of yard is a reflection on the neighborhood, I also think that it's pretty ridiculous that this couple is facing fines and jail time over something as silly as lawn care. I think that everyone should be able to keep their yard in a way that suits their taste and budget, especially here in Southern California where drought is such an issue.

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anonymous
lisa@tedsturf.com 08/24/2011 14:08 PM

I also sympathize. I might know more regulations in some other places like in Irvine, Los Angeles and Sta. Monica. Though I don't know all the laws and regulations in Orange County, I believe that the couple is trying to live simply. If there is any dispute or concerns to be raised, the important is that both parties should be in accordance to what is more beneficial and that claims and concerns might lead towards what is constructive.

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anonymous
Guest 05/09/2011 14:17 PM

I personally think that their lawn looks beautiful, and what they are doing is smart for where they are living. My guess is that they didn't even know they were breaking any laws when they decided to do a little different kind of lawn care. I don't know about all the laws in Orange county, but I would hope they see this couple as not trying to do any harm but a little good.

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anonymous
Jim Lewis 11/24/2010 13:15 PM

I sympathize. But the thing is some people want to live in an area where every landscape has a nice manicured look. And as a new homeowner in this kind of community, you are given notice when you buy the house as to what the rules and requirements are. If you don't agree, you shouldn't buy a house in that area - plain and simple. Or work on getting the rules changed.


But to just go out and break the rules and do whatever you want isn't acceptable, good intentions or not..... More

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anonymous
Lynne 03/06/2011 14:42 PM

HOAs are so ubiquitous that it's often impossible to find a home without one. And that's really not fair to people who don't want to live under the rule of the lawn gestapo. If we have to have HOAs, they should at least be required to allow environmentally friendly alternatives to lawns, such as xeriscaping. When done right, Xeriscaping can also be very attractive - much more so than boring old grass.

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anonymous
Accountant 04/06/2010 19:45 PM

The Ha's may be compliant with the law. If they have 3,000 sq ft of front yard 40% would be 1,200 feet. Predominately of the 1,200 sq ft would be 601 (over half of the 40%) If they measure the gree part of the plants I guessing they may meet the requirements know.

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anonymous
green-friendly 03/06/2010 15:49 PM

As some of you may have noticed, the
country and the horticultural community have been "going greener"
lately. Obviously we are all not in agreement about how to do it, but I hope that we will continue to progress in the right direction. Kudos to Brady for demonstrating what the right direction is!

I agree that "Rome wasn't built in a day", and that people have their own ideas about which thing to tackle first.

I live in a South Los Angeles community and our city.... More

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anonymous
jimmyd2 03/02/2010 22:37 PM

They are hoping to have flowers bloom in time to show the judge. Earlier in the article it indicated they pulled the lawn out over a year ago, how long does it take flowers to grow? You can buy eco friendly plants and cover 40 percent of your yard, they just chose not to. I'm voting for cheap (and ugly), they had no intention of being good neighbors or following the law until they got caught.

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anonymous
John Olsen 03/02/2010 21:50 PM

I actually live in the City of Orange. I also removed all the lawn on my property around the same time as the Ha family. Given these similarities, I was very interested in this story and sympathetic to their situation. One detail in the telling of the story as it is told here is different in the original source stories I have read. The civic code says that 40% of the landscaped area must be planted with live plants - not as stated here "traditionally landscaped". Their property was bare.... More

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anonymous
Steven Bates 03/02/2010 21:36 PM

Our State is broke, our Cities are broke we are in a never ending drought and they waste time, money and effort to stop what is right.

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anonymous
Santiago Matamoros 03/02/2010 17:49 PM

The local brownshirt gestapo's petty bureaucrats know what is good for you. Who do you think you are planting desert plants in your piece of the desert? The Orange Gestapo DEMANDS that you criminals plant thirsty grass and then watch it die.

IDIOTS! Who do you think you are?

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anonymous
Truly 02/28/2010 05:29 AM

My mom, living off modest retirement income, was cited by her village because they felt her house needed to be painted. She had to spend a ridiculous lot to get the house repainted or face some kind of zoning court.

I wonder why I even vote anymore - it seems like both parties want to restrict our rights, only they have different favorite ways they want to do this.

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anonymous
SomeFarker Today 19:07 PM

1) Don't buy a house that is part of a HOA ,or in a city run by morons.
2) Doing the right thing usually gets you in trouble.

PS - I like your landscaping, and think the City of Orange needs a new group of people running it.

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anonymous
Anon Today 18:56 PM

As stupid as the rules are, I have no sympathy for people who violate a rule that they are fully aware of, then cry about it.

You knew there were rules when you bought the property, and you agreed to them. If you don't like them, fight to get them changed. It's not a life-or-death matter, and you can wait until the rest of the world sees the light and changes the rules. If you choose to instead break the rules to make a point, then you have to live with the consequences.

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anonymous
Lynne 03/06/2011 14:47 PM

What alternatives are there, really? HOAs are everywhere and they all have rules that are too restrictive. I think they should be outlawed. The government can't get away with telling you what color to paint your house or whether to have a lawn, so why do we give the HOAs this much power?

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anonymous
IC_deLight 03/01/2010 16:15 PM

Yet another brownshirt that believes that because some rule is written, it must be so. You don't agree to illegal, unlawful, discriminatory, etc. "rules". This "Anon" would have been perfectly content making the same ridiculous argument in support of racially discriminatory restrictive covenants. Get a grip, Anon. Majority rule is not the do-all, end-all nor is a "rule" legitimate just because it has been written. The change is already happening by daring to say "no". Why don't you try.... More

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anonymous
Mark Jones 05/11/2010 12:56 PM

IC_DELIGHT,

Have you created any docs or petitions to support your stance on HOA's?

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anonymous
Anon 03/01/2010 20:20 PM

The argument isn't that people shouldn't stand up for the right thing (whatever they may believe it to be). It's that there are lawful channels to fight for change. Sometimes they don't work, and the rules simply need to be resisted. However, those who resist shouldn't be whining about it after the fact- because they chose their actions while fully aware of the consequences.

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anonymous
Dave McDermott 03/03/2010 01:15 AM

It's their property. They can do whatever they please with it. **** the government.

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anonymous
Guest 03/07/2010 21:21 PM

I hope you never need the services of the police or fire departments, and that you don't need roads or social service programs, or anything else that the government provides.

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anonymous
Guest 02/27/2010 17:02 PM

Sounds like Nazi Germany.

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anonymous
Guest Today 23:12 PM

I have an admiration for people that see stupid, out-dated, or even unjust laws and go about with some civil disobedience to get things set right. Why bother to celebrate people like Rosa Parks if we simply trash people for doing something a lot less significant, but in the same vein?

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anonymous
Anon 02/27/2010 09:41 AM

There are instances in which civil disobedience is necessary and admirable. At the same time, you have to know how to choose your battles, and for whatever cause you do it, you have to deal with the consequences. By all means stand up for what you believe is just, but don't go around whining about it when you get slapped on the wrist.

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anonymous
Charkles Today 16:10 PM

Yhey have 2 adults and 1 child in their family yet they drive a Ford Expedition. At best it gets 13 - 19 mpg. I think they are just lazy and don't want to keep up their lawn.

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anonymous
Dave McDermott 03/03/2010 01:18 AM

Good job passing judgement on them you hypocrit. Look at all the energy you're wasting by using you computer typing up stuff no one cares about. For all you know, it could be a ford expedition hybrid. You're a dumb ****.

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anonymous
Guest 03/07/2010 15:07 PM

There is no such thing as an Expedition hybrid.

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anonymous
catherine turley 03/01/2010 03:11 AM

when people become more environmentally aware and active, they don't change all their habits at once. after replacing lightbulbs, they usually tackle one wasteful project at a time.

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anonymous
Ali Today 21:46 PM

We don't try to conserve fossil fuels in America, only water. Excursions for everyone!

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anonymous
Guest Today 19:34 PM

Ever think it might have been the reporter's vehicle?

Just a thought...

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anonymous
angelina ha Today 17:16 PM

hey man... its an old car...

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anonymous
Sara Hall Today 16:06 PM

Thanks for brining this important issue to light. It would be so great to have CALI responsible for saving water instead of hanging on to old fashioned landscaping ideas.

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anonymous
Jabier Today 15:49 PM

BEST OF LUCK to this couple fighting their city's antiquated and draconian "law". We, sadly, are in a similar situation in burbs of Atlanta. Our local law requires a green lawn of "true grasses" that leaves little room for interpretation. Silliness.

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anonymous
whatever Today 15:08 PM

This is where it gets ridiculous. You can't just buy property and have someone say, "Oh by the way, you have to follow our rules and laws when purchasing property".

Why words "Ownership" and "Property" that these so called "people" don't understand? If I own something, it's mine! Period!

I do not expect people to come to my property and start telling me what I can and cannot do with it. If I wanna drop my pants and crap my backyard, I will do it because it's my property and I will.... More

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anonymous
Rastakins Today 13:22 PM

When I moved to Orange 25 years ago, I was attracted to the non-Irvine way in which you can use your property at-will. With so many escapees from HOAs moving to Orange and electing like-minded individuals, Orange has implemented many HOA-style ordinances which is really making me want to leave my turn-of-the century house. Did you know in most cases in Orange you can't park your motorhome on your own driveway? Or even install artificial turf? Not so long ago you could do either of these.... More

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anonymous
sillysurfergirl 03/03/2010 16:20 PM

have these laws been tested? it really seems unconstituional to require a property owner to provide esthetic treatments to a property. After all no public health or safety risk is at issue. In affect the City is saying if you cannot afford the water bill get out of town. 6 month is jail , really imagine the cellmates conversation, "what are you in for? " rape ... robbery... car jacking.. who me... landscaping faux pas.

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anonymous
suze Today 12:55 PM

Enter your comments here Nobody in California should be growing lawns, they require about 65 inches of water per year. Gasoline and pesticides to maintain them that end up in our water shed, poisening fish and people! when will people get this?

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anonymous
tkdkid Today 12:46 PM

It's strange the county/city has such an ordinance when the city of Las Vegas actually ENCOURAGES grassless lawns. They will even help pay to remove your lawn if you install non water using materials. Odd--both citys are in areas where water shortages are common. But anything for a buck these days w/the economy, I suppose. . And although I sympathize with the family, they did agree to the HOA provisions.

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anonymous
ILike Grass Today 12:35 PM

They covered their lawn in wood chips to save water? No wonder they are facing fines and jail time. It's one thing to truely xeriscape with an attractive product that requires little watering but this is an eyesore.

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anonymous
Guest Today 12:56 PM

I think the wood ships are the heart of the problem. From what I understand, the wood chips are temporary, and are necessary for their 'yard' to start growing (fertilizer, essentially) wait a few months or a year, and the yard WILL be green, no wood chips in sight (from what I understand). In this case, it is just a matter of patience. If they can prove that the chips are temporary and the yard will have a green cover, then they probably won't be breaking the ordinance anyway. Everyone.... More

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anonymous
Bill Smith Today 11:49 AM

Do people even read their CC&Rs before they buy a place in one of these government wannabe HOAs?

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anonymous
Dave McDermott 03/03/2010 01:19 AM

We should buy you a jump to conclusions mat. You idiot.

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anonymous
Guest Today 19:28 PM

No CC&R's you obviously didn't read the article fully. This is a city ordinance.

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anonymous
Avocadoinparadise Today 11:36 AM

I hope this couple prevails in court next week! Please do post an update on MNN so we find out.

Gardens, not lawns!! Native habitat!! Yeah!

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anonymous
Guest Today 11:12 AM

This just helps to show that the only entity with a right to property is the government. The government's original purpose was to protect us and to help maintain a decent standard of living. While residents of a city are to understand the laws under which they live, it's nuts to think there's official legislation regarding lawn care. I'm sure some laughs (and, unfortunately, fights and beatings) will be had when these folks cellmates ask what they're in for.

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anonymous
ap Today 11:12 AM

At the end of the day, it's all about money. Follow the money. Orange county would stand to lose a lot of revenue if more people actually bought into the whole conservation idea. Most of us have to do it behind closed doors like it's some dirty deed. The OC doesn't want to punish the wasters because those people, bless their hearts, bring in revenue. Follow the dollar.

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anonymous
Jane Today 11:07 AM

The Has are just as much to blame for this mess as anyone else. No one forced them to join a HOA. And no one forced them to stay in one. If they didn't like the requirements, they should have moved somewhere else. But they shouldn't complain that they're being fined for breaking a rule they signed themselves up to keep.

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anonymous
Orange Resident Today 12:29 PM

If you noticed, it's not some sort of overarching home owner's association, but the government. A HOA can fine you and take your house, but they cant' send you to jail.

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anonymous
Ruby Today 10:50 AM

Nothing in the article states that this is a HOA dispute, its all about the city of Orange. The article likened it to a HOA issue but never said that it was one. Are there HOA's that can send people to jail?

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anonymous
Ruby Today 10:50 AM

Nothing in the article states that this is a HOA dispute, its all about the city of Orange. The article likened it to a HOA issue but never said that it was one. Are there HOA's that can send people to jail? I

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anonymous
Greg Scott Today 10:45 AM

HOAs are infamous for this sort of garbage. I think they should be limited by law to a specific list of significant issues. When I bought my property, the HOA was defunct. Some activists then revived it, years later, and now I'm waiting to be hit with all sorts of complaints. (I have a grassless xeric yard too, in Atlanta GA water district, which faces a severe water shortage.)

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