HomeMy WebLinkAbout2032ORDINANCE NO. 2032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS CALIFORNIA, AMENDING
CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL
CODE ENTITLED "VACANT BUILDINGS; BLIGHTED
PROPERTIES"
City Attorney Summary
This Ordinance revises Chapter 8.80, to make the City's
vacant building and boarding regulations more concise and
polished, with the goal of making the substantive
requirements easier for the public to understand and easier
for the City to enforce.
WHEREAS, the City of Palm Springs is a charter city organized pursuant to
Article XI of the California Constitution and pursuant to the authority so granted, the City
has the power to make and enforce within its limits all ordinances and regulations with
respect to municipal affairs not in conflict with its own charter. Such police powers
include without limitation the ability to adopt regulations pertaining generally to the
protection and promotion of the public health, safety, and welfare; and
WHEREAS, the City Council has previously declared that vacant buildings are a
major cause and source of blight in both residential and non-residential neighborhoods,
and
WHEREAS, this Ordinance amends Chapter 8.80 as it relates to the regulations
for registering and maintaining vacant buildings and the regulations for boarding
buildings, and
WHEREAS, the purpose of this Ordinance is to generally enhance the clarity,
simplicity, and user -friendliness of Chapter 8.80 in order to make the City's code
enforcement efforts more efficient and effective; and
WHEREAS, buildings that remain vacant and unoccupied for any appreciable
period of time become a life -safety hazard with respect to their potential collapse and
represent an attractive nuisance to children, a harborage for rodents, an invitation to
derelicts, vagrants, and criminals as a temporary abode, and as a place to engage in
illegal conduct, frequently including illegal drug -related activity, and an increased fire
hazard; and
WHEREAS, vacant buildings, whether or not those buildings are boarded,
substandard, structurally deficient, poorly maintained, neglected for a long term, or
exhibiting any combination of these negative qualities, contribute to the growth of blight
within the City, depress market values of surrounding properties, discourage economic
development, retard appreciation of property values thereby reducing tax revenues,
necessitate additional governmental services, significantly interfere with the use and
enjoyment of neighboring properties, create an unhealthy and unsafe condition affecting
the public and constitutes an unreasonable use of property and a public nuisance, and
WHEREAS, the City Council finds that the adoption and implementation of the
procedures and standards set forth below for the identification and abatement of public
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nuisances within the City is within the power and authority of the City to protect the
public health, safety, and welfare of the City's citizens, and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on this proposed Ordinance,
including, but not limited to, the staff report, and all written and oral testimony
presented; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council finds that all the facts,
findings, and conclusions set forth above in this Ordinance are true and correct.
SECTION 2. Amendment to PSMC. The City Council of the City of Palm Springs
hereby amends Chapter 8.80 of the Palm Springs Municipal Code entitled "Vacant
Buildings; Blighted Properties," to read in its entirety as follows:
"Chapter 8.80 VACANT BUILDINGS AND BOARDING REGULATIONS
8.80.100 Purpose.
The purpose of this Chapter is to ensure all vacant and boarded buildings comply
with minimum property maintenance requirements, to encourage proactive and
preventive maintenance of properties, to ensure maintenance issues are quickly and
efficiently remedied, and to promote the health, safety, and welfare of the people of the
City of Palm Springs.
8.80.110 Severability.
If any provision of this Ordinance and Chapter is found to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the
remaining provisions of this Ordinance and Chapter, which can be implemented without
the invalid provisions, and to this end, the provisions of this Ordinance are declared to
be severable.
8.80.120 Definitions.
As used in this Chapter, the following terms and phrases are defined as follows:
(a) "Active Construction" means that (i) construction activity is taking place at a property
without any pause, interruption, or suspension greater in duration than 45 days, and
(ii) the owner, owner of record, or a duly authorized agent, servant, assign,
employee, or contractor acting or providing services on behalf thereof, is on -site at a
property that is under construction, actively engaged in construction, maintenance,
demolition, or related administrative activity, without any pause, interruption, or
suspension greater in duration than 15 days.
(b) "Blight" or "Blighted property" means any one or more of the following conditions or
activities:
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(1) Abandoned Building or Structure.
(i) A building or structure which is not being inhabited, occupied, or used and
which is unsecured. For purposes of this Chapter, a building or structure is
unsecured when the public can gain entry without the consent of the
owner.
(ii) A partially constructed, reconstructed, or demolished building or structure
upon which work is abandoned. Work is deemed abandoned when there
is no valid and current building or demolition permit, or when there has not
been any substantial work on the project for a period of six (6) months or
more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to potentially
constitute an attraction to children, a harbor for vagrants, criminals, or other
unauthorized persons, or so as to enable persons to use the property for the
purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(i) Exterior wall and/or roof coverings which have become deteriorated and
do not provide adequate weather protections, resulting in termite
infestation and/or dry rot.
(ii) Broken or missing windows or doors which constitute a hazardous
condition or a potential attraction to trespassers.
(iii) Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks, or other structures on the property which are
broken, deteriorated, or substantially defaced, to the extent that the
disrepair is visible from any public right-of-way or visually impacts
neighboring public or private property or presents an endangerment to
public safety.
(iv) Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks, or other structures on the property which have been
repainted in such a manner that the appearance may be further
deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
(i) Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that:
(1) are likely to harbor rats, pigeons, vermin, and other nuisances; or
(2) substantially detract from the aesthetic and property values of
neighboring properties; or (3) constitute a fire hazard or other condition
that is dangerous to the public health, safety, or welfare; or (4) are likely to
attract use as shelter by transients.
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(ii) Solid waste, which includes "garbage," "refuse," and "rubbish," and all
"solid waste" as may be defined in this Code, constitutes blight and
blighted property in the following situations: (1) the accumulation of solid
waste is visible from a street or public right-of-way, is not enclosed in a
City -approved container, and is present for more than 72 consecutive
hours; or (2) the accumulation of solid waste is being stored or disposed of
in a manner that would allow the material to be transported by wind or
otherwise onto or upon any public street, public right-of-way, or
neighboring property, unless the method of storage or disposal is
specifically allowed by this Code.
(5) Any swimming pool, pond, or other body of water which is abandoned,
unattended, unfiltered, drained with no cover to prevent the existence of a
hazard, or not otherwise maintained, resulting in polluted water. "Polluted
water" is defined for the purpose of this Chapter, as water which contains
organic growth, including algae, remains of rubbish, refuse, debris, papers, and
any other foreign matter or materials, which, because of its nature or locations,
constitutes an unhealthy or unsafe condition.
(c) "Building" means any structure, including, but not limited to, any residential,
commercial, industrial, or assembly structure, approved for occupancy on either a lot
of record or within a single project approved by the City pursuant to the City's Zoning
Code.
(d) "Commercial Properties" means all properties in the City that are not developed for
solely single family residential uses. The term "commercial properties" includes
apartment buildings that include five or more rental units.
(e) "Development Related Agreement" means an agreement between the City and at
least one other person or entity whereby an owner secures the authorization and
approval of the City, whether through a duly authorized written contract, or via a land
use permit or entitlement approval, to pursue a development or redevelopment
project at a property where one or more abandoned buildings or structures, and/or
vacant building is located.
(f) "Downtown/Uptown" means the area bounded by Vista Chino on the north, Palm
Canyon Drive (Vista Chino to Alejo Road) and Belardo Road (Alejo Road to Ramon
Road) on the west, Ramon Road on the south, and Indian Canyon Drive on the east,
including that portion west of Belardo Road extending to Museum Drive and located
north of Tahquitz Canyon Way. This definition includes those properties located on
either side of those streets establishing the boundary defined herein, but excluding
the east side of Indian Canyon Drive between Alejo Road and Ramon Road.
(g) "Enforcement Official" means the City Manager, Building Official, the Chief of Police,
the Fire Chief, or their respective designees.
(h) "Evidence of Vacancy" means any building in the context of the totality of
circumstances that would lead a reasonable Enforcement Official to believe that the
building is vacant or occupied by a person without a legal right of occupancy. Such
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real property conditions include, but are not limited to: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility
notices or disconnected utilities; accumulation of trash, junk, or debris; the absence
of window coverings such as curtains, blinds, or shutters; the absence of furnishings
or personal items consistent with residential habitation; or statements by neighbors,
passersby, delivery agents, or government employees that the property is vacant.
(i) "Historic Building or Site" means any building, structure, or site previously
designated as a "Class 1" historic structure or site by the City Council pursuant to
the provisions of Chapter 8.05 of this Code, which building or site is not located on
lands owned by the United States for the benefit of the Agua Caliente Band of
Cahuilla Indians, one of its members, any member of any other federally recognized
Indian tribe, or subject to a restriction against alienation imposed by the United
States.
Q) "Local" means within 40 driving miles of the building, structure, or real property in
question.
(k) "Out of Area" means in excess of 40 road or driving miles of the building, structure,
or real property in question.
(1) "Owner" means any person having legal or equitable title or any interest in real
property, including all persons shown as owners on the last equalized assessment
roll of the Riverside County Assessor's Office. An owner includes a person with
power of attorney, an executor of estate, trustee, or who is a court appointed
administrator, conservator, guardian, or receiver.
(m)"Person" means any natural person, partnership of any kind, corporation, limited
liability company, association, joint venture, or other organization, however formed,
as well as trustees, heirs, executors, administrators, or assigns, or any combination
of such persons.
(n) "Property Improvement Program" or "PIP" means a program that allows artwork or
other approved displays to be installed by the City within Downtown/Uptown, or such
other geographic areas of the City determined by the City Manager, chosen as an
alternative pursuant to this Chapter to provide window coverings for the storefronts
of vacated commercial buildings or portions thereof. Each PIP will be approved by
the City Manager and administered by the Community and Economic Development
Department. Owners of vacated commercial buildings which have windows visible
from the public right-of-way within the area of the PIP or can be seen by the public
shall participate in the PIP upon registration of the vacant building as prescribed in
this Chapter. A copy of each PIP shall be made available in the Office of the City
Clerk.
(o) "Vacant building" means a building where at least thirty-five percent (35%) of the
total floor area within the building is not lawfully occupied.
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8.80.130 Scope.
(a) Applicability. The provisions of this Chapter shall apply generally to all improved real
property throughout the City of Palm Springs where any of the conditions specified in
this Chapter are found to exist.
(b) Regulations Cumulative. The regulations provided by this Chapter are cumulative to
each other and to any other available under City, State, or federal law.
(c) Authority to Enforce Chapter. The Enforcement Official is authorized to administer
and enforce this Chapter. The Enforcement Official may adopt supplemental
regulations or policies to implement and interpret this Chapter. These regulations or
policies must conform with the purpose of this Chapter.
(d) Development Agreement Exemption. In the event that the City enters a development
related agreement with the owner or developer of a property incorporating the partial
or total demolition, repair, reconstruction, or preservation of a vacant building or
structure the vacant building or structure in question is exempt from application of
this Chapter, provided that the property is maintained in strict accord with the terms
and conditions of the development related agreement. In the event that the City
Manager, or his or her designee, determines in the City Manager's sole discretion
the owner or developer of a property is in default with respect to any term or
condition of a development related agreement through which any building or
structure is exempt from application of this Chapter, the City may issue written notice
to that owner that if the default in question is not cured in its entirety within 30 days
of the issuance, that the exemption provided by this Section shall be revoked, and
that this Chapter shall immediately become fully applicable to the building or
structure in question.
8.80.140 Service Requirements.
(a) Except as otherwise provided, any notice required to be served under this Chapter
must be completed by either:
(1) Personal service; or
(2) Service by United States mail addressed to the person to be notified at the
address as listed in the last equalized assessment roll. Service by mail is
complete at the time of deposit in the mail. Failure of any person to receive a
properly -addressed notice by mail shall not invalidate any action, decision,
determination, or proceeding under this Chapter.
8.80.150 Registration Requirement for Vacant Buildings.
(a) Registration Required. An owner of a vacant building must register their property
with the Enforcement Official within 10 days of the building becoming vacant or
being deemed vacant. If any building shows evidence of vacancy, it is hereby
deemed vacant.
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(b) Application Required. Any person seeking to register a vacant building must submit
a complete, written application to the City using a form adopted by the City for that
purpose. Submission of an application for registration does not authorize the
maintenance of a vacant building until such registration has been accepted by the
City.
(c) Application Contents. The application for registration pursuant to this Section must
contain or be accompanied by the following:
(1) The name and address of each owner and the local property management
company, if any, responsible for the security, maintenance, and marketing of the
property in question.
(2) A maintenance plan describing and documenting how the maintenance
requirements of this Chapter will be complied with.
(3) Documentation and information showing compliance with the local property
management company requirements of this Chapter.
(d) Annual Registration. The registration pursuant to this Section must be renewed
annually.
(e) Fee. The City Council may establish by resolution, and from time to time may
amend, an annual registration fee. An application for registration or reregistration
must be accompanied by the submission of the required fee. Registration fees are
nonrefundable and may not be prorated.
(f) Notice City of Changes to Registration. Any person, partnership, association,
corporation, fiduciary, or other legal entity that has registered a property under this
Chapter must notify the Enforcement Official in writing of any change of information
contained in the registration within 10 days of the change.
8.80.160 Maintenance Requirements for Vacant Buildings.
(a) Maintenance Required. It is unlawful for any owner to maintain any improved
property in violation of the provisions of this Chapter. All vacant buildings, residential
and commercial, must be maintained in compliance with the Palm Springs Municipal
Code.
(b) Additional Requirements for Commercial Properties. Any vacant commercial building
must be maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are secure or boarded in accordance
with this Chapter.
(2) Any temporary site perimeter fencing is placed in connection with a building
permit.
(3) The property must be continuously monitored, as follows:
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(i) Buildings with fire sprinkler systems must be maintained in working order.
(ii) Buildings with a centralized and registered fire and burglar alarm system
must be maintained in working order, and monthly reports showing
continued and active service shall be submitted to the Enforcement
Official.
(iii) Buildings without fire sprinkler systems or fire alarm or burglar alarm
systems shall be provided with continuous physical monitoring by means
of an onsite patrol. "Continuous physical monitoring" shall mean the use of
a licensed security agency operating in the City of Palm Springs and
providing regular surveillance of the vacant building as part of the
agency's security route.
(4) A monthly report from the property owner or the property owner's
representative or property management company that identifies each date
inspections were performed for the reporting period and a statement affirming
that the building interior, exterior, and the entire site was inspected, the
landscaping is maintained in good condition, and that all buildings are secure.
(c) Additional Requirements for Commercial Buildings in Downtown/Uptown and
Historic Sites. In addition to the requirements of the prior Section, any commercial
building located in Downtown/Uptown or that is a Historic Building or Site must
participate in the Property Improvement Program.
(d) Requirements For Buildings Vacant More Than 90 Days. No person may allow a
building designed for human use or occupancy to stand vacant for more than 90
days, unless the person establishes by substantial evidence to the reasonable
satisfaction of the Enforcement Official that at least one of the following applies:
(1) Active Construction. The building is the subject of Active Construction for repair
or rehabilitation in order to make the building habitable, and the owner is
progressing diligently to complete such repair or rehabilitation within one year
of the issuance of the building permit related to such repair or rehabilitation.
(2) Active Marketing. The building or property contains no Palm Springs Municipal
Code violations, is ready for occupancy, and is actively being offered for sale,
lease, or rent.
(3) Active Maintenance. The person is actively maintaining and monitoring the
building, which includes:
(i) Maintenance of landscaping and plant materials in good condition.
(ii) Maintenance of the exterior of the building including, but not limited to,
paint, finishes, windows, doors, and signage in good condition and in
compliance with this Chapter.
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(iii) Any sign which advertises a use or business not being made on the
premises, the name of the owner or user, or which identifies a product, an
interest, service, or entertainment not available on the premises is
prohibited.
(iv) Regular removal of all exterior trash, debris, and graffiti.
(v) Prevention of criminal activity on the premises including, but not limited to,
use and sale of controlled substances, prostitution, and criminal street
gang activity.
(vi) Any windows screened: (1) in a manner approved under Zoning Code
Section 94.04.00 (Architectural Approval), including review by the
Architectural Advisory Committee; or (2) election upon registration of a
vacant building to participate in the Property Improvement Program.
(vii) Securing the property in a manner so as not to be accessible to
unauthorized persons. Secure manner includes, but is not limited to,
closing and locking of windows, doors (walk-through, sliding and garage),
gates, and any other opening that may allow access to the interior of the
property or structure(s), or the erection of temporary construction fencing
approved by the Enforcement Official for not more than 180 days. In the
case of broken windows, securing includes the replacement of the broken
window.
(viii) Maintaining sufficient utility services to provide power for any alarm or
security system and to properly irrigate all landscaping on the property.
(ix) Compliance with any alternative or additional methods of securing a
building in the Downtown/Uptown or on an Historic Site as may be
imposed by the Enforcement Official. Such methods may include, but will
not be limited to, security patrols, alarms, or other security requirements.
(x) The building or the lot on which the building is located, and the
landscaping on such lot, does not contribute to and is not likely to
contribute to blight because the owner is actively maintaining and
monitoring the building and the lot so that it does not contribute to blight.
(e) Insurance. The Owner shall maintain fire and liability insurance coverage as
determined necessary by the City's Risk Manager. Any insurance policy shall require
advanced, written notice to the Risk Manager in the event of cancellation of insurance
or a reduction in coverage.
8.80.170 Local Property Management Requirement.
(a) Any owner located more than 40 miles by road from a property containing a vacant
building that must be registered, must retain a local property management company
with a business license in the City, and must be contracted to perform weekly
inspections to ensure compliance with the Palm Springs Municipal Code.
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(b) The property must be posted with the name and contact phone number of the local
property management company. The posting must be no less than 18" X 24", must
be of a font that is legible from a distance of 45 feet, and must contain the following:
"THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT
COMPANY)," and "TO REPORT PROBLEMS OR CONCERNS CALL (PHONE
NUMBER)".
(c) The posting must be placed on the interior of a window facing the street to the front
of the property so it is visible from the street, or secured to the exterior of the
building facing the street of the front of the property so it is visible from the street. If
no such area exists, the posting must be on a stake of sufficient size to support the
posting, in a location that is visible from the street to the front of the property, and to
the extent possible, not readily accessible to potential vandalism. Exterior posting
must be constructed of, and printed with weather resistant materials.
(d) The local property management company must inspect the property on a weekly
basis to determine if the property is in compliance with the requirements of this
Chapter and must perform all monitoring duties prescribed in this Chapter. If the
property management company determines the property is not in compliance with
this Chapter or any provision of the Palm Springs Municipal Code, it is the
company's duty to notify the owner and bring the property into compliance.
8.80.180 Monitoring Program for Commercial Properties.
(a) Monitoring Program Established. A program monitoring commercial properties is
hereby established. The Enforcement Official is responsible for administering the
monitoring program to enforce this Chapter.
(b) Monitoring Program Duties. The Enforcement Official has the duty and responsibility
to do the following pursuant to the monitoring program:
(1) Inspect properties in the City to identify commercial buildings that are vacant.
(2) Order vacant commercial buildings to comply with this Chapter and any other
applicable codes.
(3) Order vacant commercial buildings that are open and accessible to be secured
against unlawful entry in accordance with this Chapter.
(4) Order the property on which the vacant commercial building is located to be
properly maintained or cleared of trash and debris.
(5) Initiate proceedings against the owner of any vacant commercial building found
to be in violation of this Chapter or any other applicable code.
(6) Maintain surveillance over vacant commercial buildings so that timely code
enforcement proceedings are commenced in the event the property becomes
substandard or a nuisance.
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(7) Establish and enforce rules and regulations for the implementation and
compliance with the Property Improvement Program.
(8) Identify blighted property and to initiate proceedings against the owner of
record of any blighted property for failure to remedy such blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant commercial building
monitored pursuant to this Chapter an annual vacant commercial building monitoring
fee in an amount the City Council may establish by resolution, provided that the fee
shall not exceed the estimated reasonable cost of monitoring the vacant commercial
building.
(d) Fee Procedure. If unpaid in connection with a vacant building registration, a vacant
commercial building monitoring fee may be billed and mailed to the owner of the
property. Any owner aggrieved by the decision of the Enforcement Official relating to
a vacant registration fee bill may appeal the decision to the Administrative Appeals
Board in the manner provided in Chapter 2.50 of this Code. If the fee is not paid
within 60 days following billing, the City Council may thereupon order that the fee be
specially assessed against the property involved. If the City Council orders that the
fee be specially assessed against the property, it shall confirm the assessment and
thereafter said assessment may be collected at the same time and in the same
manner as ordinary real property taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as
provided for ordinary real property taxes. All laws applicable to the levy, collection,
and enforcement of real property taxes are applicable to the special assessment.
The City Council may also cause a notice of lien to be recorded. The notice shall, at
a minimum, identify the record owner or possessor of the property, set forth the last
known address of the record owner or possessor, a description of the real property
subject to the lien, and the amount of the fee.
8.80.190 Boarding Permits and Regulations.
(a) Boarding Permit Required. No person may erect, install, place, or maintain boards
over the doors, windows, or other openings of any building or structure or otherwise
secure such openings without a valid a boarding permit from the City.
(b) Boarding Permit Process. The Enforcement Official must issue a boarding permit
required by this Section upon submission of a written application by the owner of the
property upon payment of the required fee and upon confirmation by the
Enforcement Official that the boarding or other method of securing has been done in
compliance with this Section.
(c) Boarding Permit Period of Validity. The boarding permit is valid for 90 days.
(d) Boarding Permit Extension. A boarding permit may be extended once, for a period of
an additional 90 days, provided that the following conditions exist: (i) the boarding is
in compliance with this Section, (ii) the owner has submitted the request for
extension within 10 days after the expiration of the initial boarding permit period,
(iii) the owner has complied with all prior orders and notice from the City regarding
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the property, (iv) the owner simultaneously submits a detailed plan and timeline for
correction, repair, and rehabilitation of the property, or a plan for the sale of the
property with a provision in the sale requiring the correction, repair, or rehabilitation
of the property.
(e) Boarding Permit Renewal for Good Cause. A boarding permit may not be issued for
a building that was previously boarded until one year after the date of expiration of
the previous boarding permit or extended boarding permit, except the Enforcement
Official may renew a new boarding permit for a period of three months upon a
showing of good cause, as determined in the Enforcement Official's sole discretion.
"Good cause" means a showing by the owner that the permit reissuance is
necessary due to conditions or events beyond the owner's control, such as inability
to obtain financing, financial hardship, inability to locate a suitable buyer despite
diligent efforts, or unanticipated delays in construction. "Good cause" also means a
showing that the owner exercised reasonable and due diligence in attempting to
complete the needed work or in attempting to sell, rent, or lease the property.
Renewal shall require submission of a written application demonstrating good cause,
payment of the boarding permit fee, and upon confirmation by the Enforcement
Official that the method of boarding or securing of the building has been done in
compliance with this Section.
(f) Limitation on Boarding Permit for Downtown/Uptown and Historic Sites. A boarding
permit may be issued for a building in Downtown/Uptown or for a Historic Site only if
the building has been damaged by fire, natural disaster, or other emergency
situation. Any such boarding permit is valid only for the period of time the
Enforcement Official reasonably determines to be necessary to affect such repairs or
rehabilitation.
(g) Boarding Permit Fees. The fees for the initial boarding permit, and the extension and
the renewal permit, shall be as established from time to time by resolution of the City
Council.
(h) Boarding Standards. The boarding or securing of the doors, windows, or other
openings of any building must comply with the following standards.
(1) Securing by Boarding. The boarding of doors, windows, and other openings
must comply with the following requirements.
(i) Windows and similar openings must be boarded with exterior -grade
plywood of a minimum thickness of 3/4 inch or equivalent. Plywood must
be secured by 2"x4" or 4"x4" crossmembers, secured to the plywood by
3/8 inch plated carriage bolts with washers on each end. Bolts and nuts
used to secure the crossmember must be threaded to the correct length
and tightened securely. A minimum of two crossmembers must be used on
each window. Each crossmember must be a continuous piece of lumber,
and each must extend at least one foot past the window opening in each
direction. Additional measures may be required as deemed necessary in
the sole discretion of the Enforcement Official.
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(ii) Exterior doors must be boarded with exterior -grade plywood of a minimum
thickness of 3/4 inch or equivalent fitted to the entry door jamb with
maximum 1/8 inch clearance each edge. The existing door must be
removed and stored inside the building. Plywood must be secured by
2"x4" or 4"x4" crossmembers, secured to the plywood by 3/8 inch plated
carriage bolts and matching hardware. A minimum of one door must be
operable. Plywood for operable door openings must be attached to the
door entry with three case hardened strap hinges of the type specified by
the Enforcement Official. Plywood must be secured by a case hardened
steel hasp and minimum two-inch hardened padlock, also of the type
specified by the Enforcement Official. Additional measures may be
required as deemed necessary in the sole discretion of the Enforcement
Official.
(iii) All boarded openings must be painted with exterior paint that is of a color
compatible with the exterior color of the building and is approved by the
Enforcement Official.
(2) Alternative Methods of Securing a Building. Upon application for a boarding
permit, the Enforcement Official may approve alternative methods of securing a
vacant building. In making the determination to approve any alternative method,
the Enforcement Official must consider the effectiveness of the alternative
method to provide adequate and long-term security against the unauthorized
entry and the aesthetic and other impacts of such method on the immediate
neighborhood.
(3) Additional Requirements. In connection with the boarding or securing of the
doors, windows, or other openings of any building, the owner must also comply
with the following requirements.
(i) All utility services to the building must be terminated by removal of the
meters and termination of electric power by Southern California Edison or
any successor utility. Compliance with this Subsection may be waived in
writing by the Enforcement Official as to electric power in the event that
electricity is necessary to power exterior security lighting, an alarm
system, or equipment to be used in connection with the rehabilitation of
the building for which there is a valid building permit.
(ii) The sewer must be capped in a manner approved by the Enforcement
Official so as to prevent the accumulation of methane gas in the building
or structure.
(iii) The interior of the building must be cleared of all trash, junk, garbage,
debris, solid waste, and personal possessions, in order to eliminate any
fire or health hazard and prevent hindrance to firefighting equipment and
personnel in the event of a fire.
(iv) The owner of any boarded building must register the building as vacant
with the City in accordance with this Chapter.
Ordinance No. 2032
Page 14
8.80.200 Enforcement.
(a) Violation Unlawful. It is unlawful and declared a public nuisance for any person to
violate any provision of this Chapter.
(b) Criminal Penalties. Any person who violates any provision of this Chapter is guilty of
a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the
County jail not exceeding six months, or by both such fine and imprisonment, except
the City Attorney may prosecute a violation of this Chapter as an infraction, in his or
her discretion, as set forth in Section 1.01.140 of this Code.
(c) Administrative Penalties. Any person who violates any provision of this Chapter may
be issued an administrative penalty in accordance with this Section and Chapter
1.06 of this Code.
(1) Appeal and Collection of Penalty. The Enforcement Official's administrative
penalty may be appealed in the manner provided in Chapter 1.06 of this Code.
Any administrative penalty may be collected as provided in Chapter 1.06 of this
Code.
(2) Fine for Non -Residential Properties. For any non-residential properties subject
to this Chapter, the initial penalty shall be $2,500.00. If the violation continues
after the compliance date in the first administrative citation or any extension
period granted by the City, a second administrative penalty in the amount of
$5,000.00 may be issued. If the violation continues after the compliance date in
the second administrative citation or any extension period granted by the City, a
third administrative penalty in the amount of $25,000.00 may be issued. For
any residential properties subject to this Chapter, the penalties shall be in the
amounts set forth in Section 1.06.040 of this Code.
(d) Civil or Equitable Enforcement. Nothing in this Chapter prevents the City Attorney
from bringing a civil or equitable action, at his or her discretion, to seek the
abatement of any violation of this Code.
(e) Ongoing Violations. Each and every day a violation is maintained, caused, aided,
abetted, concealed, suffered, or permitted is a separate offense.
(f) Remedies Cumulative. The remedies, procedures, and penalties provided by this
Chapter are cumulative to each other and to any other available under City, State, or
federal law.
(g) Joint and Several Liability. The duties and liabilities specified in this Chapter are joint
and several among and between all owners.
SECTION 3. CEQA. The City Council determines that the adoption of this
Ordinance is exempt from environmental review under the California Environmental
Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14
California Code of Regulations, Chapter 3: the Ordinance is exempt under CEQA
Guidelines Section 15378(b)(5) in that it is not a "project" under CEQA, and is an
Ordinance No. 2032
Page 15
organization or administrative activity of the City that will not result in direct or indirect
physical changes in the environment.
SECTION 4. Adoption, Certification, and Publication. The City Clerk of the City of
Palm Springs shall certify the passage and adoption of this Ordinance and shall cause
the same, or a summary thereof, to be published and/or posted in the manner required
by law. This Ordinance shall take effect 30 days after its adoption.
SECTION 5. Validity of Prior Proceedings. The adoption of this ordinance shall
not, in any way, have any effect on any proceeding or action instituted pursuant to any
prior version of Chapter 8.80.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 8T" DAY OF OCTOBER 2020.
La�&�
GE FF K
MAYOR
T.
ONY J.JIA4MNr�-
CITY CLERK
Ordinance No. 2032
Page 16
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 2032 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
September 24, 2020, and adopted at a regular meeting of the City Council held on
October 8, 2020, by the following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege,
and Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this Zoo- day of octchcv , 2oZ.O
�AWHONY J. EJIA,
CITY CLERK