HomeMy WebLinkAbout2B - Public CommentTiffani Bailey
From:
Anthony Mejia
Sent:
Thursday, February 10, 2022 10:08 AM
To:
Tiffani Bailey
Cc:
Brent Rasi
Subject: FW: Vacant Property Registration and Monitoring for 2500 and 2501 S Araby Drive
Attachments: 2022February10CityCouncil.pdf
AC — Letter and email.
Anthony J. Mejia, MMC
City Clerk
From: Julie Kay Rupp <ruppjuliel@gmail.com>
Sent: Thursday, February 10, 2022 9:48 AM
To: Anthony Mejia <Anthony.Mejia@ palmspringsca.gov>; Brent Rasi <Brent.Rasi@palmspringsca.gov>; Christy Holstege
<Christy.Holstege@palmspringsca.gov>; lisa.middleton@palmsringsca.gov
Subject: Fwd: Vacant Property Registration and Monitoring for 2500 and 2501 S Araby Drive
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Anthony, Brent, Christy and Lisa,
Please be sure Everyone on City Council and The Historic Board has a copy of the attached.
Again, I ask The City of Palm Springs 3 Simple Requests.
1) Do not Designate 2540 S Araby as Historic 1
2) Have the City Building and Safety call Riverside County Environmental Health to Certify Existing Subsurface Disposal
System
at my residence 2540 S Araby and Neighbor Residence 2550 S Araby Drive
3) Re -Issue Courtesy Notice CE170870
Thank you,
Julie
Julie Kay Rupp
Cell: (760) 322-0243
---------- Forwarded message ---------
From: Anthony Mejia <Anthony.Melia@ pa lmspringsca.gov>
Date: Wed, Feb 9, 2022 at 9:17 AM
Subject: RE: Vacant Property Registration and Monitoring for 2500 and 2501 S Araby Drive
To: Julie Kay Rupp <ruppiuliel@g ail.com>
Cc: Mike Villegas <Mike.Villegas@palmspringsca.gov>, David Recio <David.Recio@pa lmspringsca.gov>
Ms. Rupp:
2-'�0
The City Clerk's Office has no authority to investigate another department. However, I am forwarding your email to Code
Enforcement so they can be aware of your concerns.
Take care,
Anthony J. Mejia, MMC
City Clerk
From: Julie Kay Rupp <ruppiuliel@gmail.com>
Sent: Tuesday, February 8, 2022 10:43 PM
To: Anthony Mejia <Anthony.Melia@ pa lmspringsca.gov>
Subject: Re: Vacant Property Registration and Monitoring for 2500 and 2501 S Araby Drive
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Anthony,
Would you please investigate as to why Code Enforcement does not have to follow the laws of The City of Palm Springs
for 2500 and 2501 S Araby Drive.
As you did not include 2550 S Araby Drive that Mr. Levy occupies Full Time, please Confirm that Code Enforcement has
knowledge that 2550 S Araby is Mr. Levy's Full Time Residence,
Thank you,
Julie
Julie Kay Rupp
Cell: (760) 322-0243
On Wed, Jan 5, 2022 at 8:18 AM Anthony Mejia <Anthony.Mee ia@ pa lmspringsca.gov> wrote:
Mr. Rupp:
The City's Code Enforcement Division has advised there is no record of a vacant property registration or
monitoring plan for 2500 or 2501 S. Araby Drive.
Anthony J. Mejia, MMC
City Clerk
From: Julie Kay Rupp <ruppiuliel@gmail.com>
Sent: Tuesday, January 4, 2022 3:39 PM
To: Jeff Ballinger-C <Jeff.Ballinger-C@palmspringsca.gov>; Anthony Mejia <Anthony.Meiia@palmspringsca.gov>
Subject: Vacant Property Registration and Monitoring for 2500 and 2501 S Araby Drive
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
January 4, 2022
PLEASE PRESENT AT THE PUBLIC HEARING BEFORE THE HISTORIC SITE PRESERVATION BOARD for
January 4, 2022
Dear City Attorney and City Clerk,
Please provide the Vacant Property Registration Form for 2500, 2501 S Araby Drive
Please provide the Vacant Property Monitoring Plans for 2500, 2501 S Araby Drive
As Mr. Levy is a full time resident at 2550 S Araby, please provide the Vacant Property Registration
Form is there is one on file. Mr. Levy has been living at 2550 S Araby since selling his Anza Trail
Home in March 2018 for $900,000 and has the money to repair 2550 S Araby to be habitable and
not to be the Nuisance that Mr. Levy has created, to purposefully harass anyone that owns or
occupies 2540 S Araby. This behavior of Mr. Levy, a Licensed Architect and former Licensed Builder
is beyond absurd.
We are very concerned that The City of Palm Springs refuses to apply the law to the residential
properties of 2500, 2501 and 2550 S Araby Drive. The City's Inactions have created a health and
safety issues for occupants of 2540 S Araby Drive. The welfare of myself and my family has been
severely neglected.
Vacant buildings can be a source of blight in both residential and non-residential neighborhoods,
especially if these buildings are not properly maintained. Even one vacant building which is not
actively maintained and managed can become a burden to the community, becoming the core and
cause of spreading blight. The City of Palm Springs now requires that vacant properties be
registered with the Department of Building and Safety so that we may work in partnership with
property owners to ensure our City's standards are met and maintained.
Vacant properties, including single-family homes, must be registered as soon as possible, but no
later than 10 days after becoming vacant. A commercial property where at least 35% or more of the
total floor area within the building(s) is not occupied is considered a vacant property and must be
registered. A separate registration form must be completed for each vacant property.
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. (Ord. 2032 § 2, 2020)
PSMC Chapter 1 Section 8.80 - Long -Term Maintenance of Boarded and Vacated Buildings
Palm Springs, California Municipal Code
Title 8 BUILDINGS AND CONSTRUCTION
Chapter 8.80 VACANT BUILDINGS AND BOARDING REGULATIONS
4
• Show All
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. (Ord. 2032 § 2, 2020)
February 10, 2022
Dear Anthony Mejia, City Manager and City Council,
No One including The City Attorney, City Manager and City Council cares about the
safety & welfare of myself, my family, my former tenants, my neighbors and friends.
My family and I have been discriminated against and denied the Peaceful and Quiet
Enjoyment of our home at 2540 S Araby Drive by The City of Palm Springs and the
actions of the uphill neighbor supported by Code Enforcement to intentionally damage
me and my family. Quiet enjoyment is "The right of a property owner or tenant to enjoy
his or her property without interference."
FACTS
Due to the Inactions of the City of Palm Springs myself, my family, my tenants, my
neighbors and friends have been damaged.
Please do the Right Thing regarding the Safety and Welfare of owner and occupants at
2540 S Araby Drive.
3 Simple Requests:
1) Do not designate 2540 S Araby Historic 1 at this time.
2) Have the City Building & Safety call Riverside County Environmental Health to
verify working septic systems at both my home 2540 and the neighbor —10 ft.
away 2550 S Araby Drive Exhibit A
3) Reissue Courtesy Notice CE170870 Exhibit B for the Access of City Services:
Trash, Police and Fire to:
A) 2540 S Araby Drive
B) 17.5 Acres of Araby Preserve accessed only through 2540 S Araby Drive
Exhibit C — Unauthorized Signature on Courtesy Notice CE170870 AND
Case Closed by Code Enforcement June 19, 2018.
We did 8 Public Records searches since January 2018 and the Exhibit C did not
show up until November 2021.
We disclosed to The City of Palm Springs including Code Enforcement
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF
RIVERSIDE Case No.: PSC1901641 May 28, 2019 which is based on the
Courtesy Notice CE170870.
Exhibit D — City of Palm Springs Office of the City Attorney: "this
condition/violation presents life safety issues that have been completely and
continuously neglected by the property owners that received the courtesy
notices, the City can no longer allow it to persist." "as extremely serious"
I am unable to rent the Historic Round Rock House (2540 S Araby Drive) due to the City
of Palm Springs INACTIONS about the Access Road -which is not a dispute between
neighbors - it is the ONLY Access to the 17.5+ Acres Donated to the City of Palm
Springs anonymously by my benefactor.
In addition, in good conscience I cannot expose a Tenant to the Unsanitary Conditions
at 2550 S Araby Drive occupied full time by the owner. I have been asking the City
Manager and City Council in writing and verbally since 2014 to do the right thing.
All I ask is for the City to use their MOU (Memorandum of Understanding) to have
Riverside County Environmental Health confirm working septic as there is no sewer to
the properties at 2540 and 2550 S Araby Drive.
again ask the City Council to do the right thing and NOT have 2540 S Araby Historic 1
Designation at this time.
T7lie
k you,
JKay Rupp
Severely Damaged Citizen due to the Inactions of the City of Palm
Witnessed by and met with Jeff Ballinger in December 2021:
Rudy De Rooy Verway (Former Tenant of 2501 S Araby Drive)
J.D. Petras (Former Tenant of 2540 S Araby Drive)
EXHIBIT A
DEPARTMENT OF ENVIRONMENTAL HEALTH
www.rivcoeh.org
CERTIFICATION OF EXISTING SUBSURFACE DISPOSAL SYSTEM
113880 Lemon Street • Suite 200 • Riverside • CA • 92501 - (951) 955-8980
❑ 47-950 Arabia Street • Suite A • Indio • CA 92201 - (760) 863-7570
Property Information: APN: Date of Inspection:
1. Owner: Address: City:
FAILURE TO PROVIDE ALL REQUIRED INFORMATION SHALL PREVENT OWNER FROM OBTAINING
ENVIRONMENTAL HEALTH APPROVAL
2. Show design and location on a scale of 1:20 or 1:40 of the sewage disposal system and 100% expansion area in relation to
dwellings, structures, wells, rock outcroppings, drainage, watercourses, etc.
3. a. I examined existing subsurface sewage disposal system at the above location on and determined that
the tank capacity is gallons and that there is sq. ft. of leach line bottom area. There are
bedrooms in the dwelling and there are fixture units.
b. There are _ leach Ilne(s), each ft. long Depth ft. ❑ Rock ❑ Plastic Chamber
c. There are Seepage pit(s), each ft. in diameter, and ft. TD. ft. BI.
d. The leach bed is __ ft. by ft., total sq. ft. of leached area. Depth is ft.
4. a.
b.
C.
d.
e.
Construction of septic tank (Please check one of the following):
❑ Concrete ❑ Fiberglass ❑ Steel ❑ Other:
Internal dimensions of septic: Length ft. Width ft. Depth
Condition of tank (please check yes or no for each question): Inlet Tee present?
Tank Structure deteriorated? ❑ Yes ❑ No Outlet Tee present?
Effluent Fitter Present? ❑ Yes ❑ No Two compartments?
Condition of D-Box Level? ❑ Yes ❑ No Replaced? ❑ Yes ❑ No
GPS location of septic tank (in decimal degrees) ,
ft.
El Yes El No
❑ Yes ❑ No
❑ Yes ❑ No
Latitude, Longitude
5. a. While pumping the tank, did effluent flow back into tank from absorption system? ❑ Yes ❑ No
b. Prior to pumping, was the liquid level in the tank above the outlet tee? ❑ Yes ❑ No
c. Was the area around the lids oxidized? ❑ Yes ❑ No
d. Is design of system gravity feed? ❑ Yes ❑ No
e. Were well(s) observed on this or adjacent property? ❑ Yes ❑ No
If yes, indicate distance of well from: Septic tank ft. Leach lines Seepage Pits ft.
f. Distance from springs, lakes, and natural water courses (check all that apply):
❑ Septic Tank ft. ❑ Leach lines ft. ❑ Seepage Pits ft.
g. Is sewer within 200 ft. of structure and abuts property line? ❑ Yes ❑ No
Additional Comments:
h. How long has dwelling been vacant? (if applicable) months weeks ❑ N/A
6. a. ❑ It is my opinion that the system appears to be in good working order and can be expected to function properly with
proper maintenance. No repairs are necessary at this time.
b. ❑ It is my opinion that the system is not in good working order and will not function properly without the following
repairs:
I certify under penalty of perjury that the foregoing is true and correct
Signature:
Contractor License No.:
Pumper Co.:
Address:
Print Name:
Expiration Date:
Phone Number:
City:
Zip:
EXHIBIT B
COURTESY -NOTICE
City of Palm Springs
Department of Building & Safety
Code Compliance
3200 Tahquitz Canyon Way, PO BOX 2743, Palm Springs, CA 92263
Case Number. CE170870
Date of Issuance: 9/20/2017
To: David M Levy
2584 Anza Tri
Palm Springs, CA 92264
You are hereby notified that a Municipal Code Violation defined as a Public Nuisance has been
determined to exist on the property described below. You are specifically responsible to ensure that
this violation is corrected in compliance with this notice. Your failure to do so will result in the
issuance of an Administrative Citation with fines of $100.00 per violation, with subsequent citations
carrying fines of $250.00 per violation and $500.00, respectively.
If further action by the City is necessary in obtaining compliance with the Notice, you may be charged
a fee equal to the actual costs incurred by the City, including, but not limited to, subsequent
inspection costs, staff -time, overhead and legal expenses, including attorney's fees. Current fees for
the City costs are as follows: General staff and Inspection time @ $101.00/hr. City attomey time @
$200.00/hr.
I. The violations exist on the following property:
Street Address: 2544 S Araby Dr Palm Springs, CA 92264
Legal Description:.57 ACRES M/L IN POR SE 1/4 OF SEC 25 T4S R4E FOR TOTAL
DESCRIPTION SEE ASSESSORS MAPS
AP N: 510-270-012
[L A description of the conditionslviolations that were found on your properly are listed below:
THE ROAD IS NOT BEING MAINTAINED FROM THE WASHOUT AT DWA WATER TANK TO 2540
S ARABY DRIVE PROPERTY. FIRE DEPARTMENT CANNOT GAIN ACCESS TO YOUR
PROPERTY OR ADJACENT PROPERTY.
Property so maintained is in violation of the Palm Springs Municipal Code, PSMC, and constitutes a
public nuisance. These conditions must be corrected by 101612017, in the following manner:
WITHIN 15 DAYS OF THIS NOTICE, SUBMIT A GRADING PLAN THAT COMPLIES WITH
SECTION 603 OF THE FIRE CODE TO THE ENGINEERING DEPARTMENT FOR REVIEW AND
ISSUANCE OF A GRADING PERMIT.
ALL WORK MUST BE COMPLETED WITHIN 60 DAYS OF THIS NOTICE (11/2012017).
PLEASE CONTACT THE ENGINEERING DEPARTMENT AT 760-323-8253 OR FIRE
DEPARTMENT AT 760-323-8181 FOR ANY QUESTIONS ABOUT THIS NOTICE.
III. The codes that pertain to the violations in Section II are:
Code 10escription
Palm Springs Fire Code 503.4 1 Failure to maintain Fire Department Access Road_
2016 CALIFORNIA FIRE CODE
SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be
provided and maintained in accordance with Sections 503.1.1
through 503.1.3.
503.1.1 Buildings and facilities. Approved fire apparatus
access roads shall be provided for every facility,
building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this
section and shall extend to within 150 feet (45 720 mm)
of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by
an approved route around the exterior of the building or
facility. [this would an enforcement code]
503.2.1 Dimensions. Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet (6096
mm), exclusive of shoulders, except for approved security
gates in accordance with Section 503.6, and an unobstructed
vertical clearance of not less than 13 feet 6 inches
(4115 mm). [20' width ok for existing road]
1
503.2.3 Surface. Fire apparatus access roads shall be
designed and maintained to support the imposed loads of
fire apparatus and shall be surfaced so as to provide all-weather
driving capabilities. [capable of supporting 73,000 pounds]
503.2.4 Turning radius. The required turning radius of a
fire apparatus access road shall be determined by the fire
code official. 143' outside; 25' inslael
503.2.6 Bridges and elevated surfaces. Where a bridge
or an elevated surface is part of a fire apparatus access
road, the bridge shall be constructed and maintained in
accordance with AASHTO HB-17. Bridges and elevated
surfaces shall be designed for a live load sufficient to carry
the imposed loads of fire apparatus. Vehicle load limits
shall be posted at both entrances to bridges where required
by the fire code official. Where elevated surfaces designed
for emergency vehicle use are adjacent to surfaces that are
not designed for such use, approved barriers, approved
signs or both shall be installed and maintained where
required by the fire code official. [or culverts]
503.2.7 Grade. The grade of the fire apparatus access road
shall be within the' limits established by the fire code official
based on the fire department's apparatus. [shall not exceed 12%]
503.2.8 Angles of approach and departure. The angles
of approach and departure for fire apparatus access roads
shall be within the limits established by the fire code official
based on the fire department's apparatus. [per PSFD apparatus standards]
503.4 Obstruction of fire apparatus access roads. Fire
apparatus access roads shall not be obstructed in any manner,
including the parking of vehicles. The minimum widths and
clearances established in Sections 503.2.1 and 503.2.2 shall
be maintained at all times. [this would an enforcement code]
As the owner of the property at issue or as the individual or entity responsible for the
violation, you are individually responsible for correcting the violation.
Should the violation not be corrected within the time period specked in this notice, the violation may
be abated by the City through further administrative proceedings, including but not limited to added
inspections and directions to remedlate the violation, judicial process or by entry upon the property by
city employees or contractors for purposes of effecting those actions necessary to correct the
violation. If such further action by the City is necessary, you will be charged a fee equal to the actual
costs incurred by the City in obtaining compliance with this notice, including but not limited to
subsequent inspection costs, staff time, overhead, and legal expenses including attorneys fees.
Current fees for city costs are as follows:
General staff & inspection time @ $101.00/hour, minimum one hour.
City attorney time @ $200.0O/hour.
Appeal Procedure:
,gi In accordance with Chapter 11.72 of the Palm Splings Municipal Code, an appeal to the Palm
Springs Administrative Appeals Board or Board of �peals, as provided by City code, in writing, may
be filed regarding this notice. Any such appeal shall be fled with the City GIerK within ten (10) days
from the date this notice was issued, along with applicable filing fees as determined in the
comprehensive fee schedule. Absent a contrary determiniation incident to an appeal, the responsible
party remains obligated to comply with this notice of violation or nuisance.
If you have any questions you can reach me at (760) 322-8364 x_872$
David,Recio@paimspringsca.gov.
Palm Springs Code Compliance Department is open Monday through Thursday from 8:00 am - 5:30
pm.
Thank you in advance for your compliance.
David Reclo
Code Compliance Officer
City of Palm Springs
Palm Springs Disposal Services
4690 East Mesquite Avenue
PA Box 2711
Palm Springs; COomia M2624711
76M--1351
August 15, 2017
Julie Rupp
Re: 2540 Araby Dr. Palm Springs CA. 92264
Dear Ms. Rupp
It has come to the attention of Palm Springs Disposal Services
(PSDS) residential waste collection crews that the private access dirt road
PSDS vehicles use to service your waste containers has become too
dangerous for our larger collection vehicles to utilize. The events of the last
weather storms in August have left the road in disrepair and these vehicles
cannot access or maneuver in it. We ask that the dirt road be sufficiently
repaired before our crews continue to utilize. Above all our priority is the
safety of the public and our drivers.
Sincerely,
Palm Springs Disposal Services
760-327-1351
In1b@pa1msprngad1sposa1.com
Service Address: 01
4690 least Mesquite Avenue
P O Box 2711
Palm Springs, CA 92263.2711
Telephone: (760) 327-1351
Fax: (760) 323 5132
Account #: - j - oo: 'q 18 -
EXEMPTION AFFIDAVIT
I AM THE OWNER OF RECORDIASSESSEE OF THE ABOVE PROPERTY AND WISH TO
APPLY FOR AN EXEMPTION. I AM REQUESTING AN EXEMPTION FOR THE FOLLOWING
REASONS): (If you are claiming that the residence is uninhabited, please give the last date when it
was habited during the period of your ownership
Y
T THE ABOVE STATEMENT IS TRUE.
ilin ddr Area Code & Telephone #
City State Zip
Please completes sign and return this Affidavit in the enclosed envelope. This Affidavit will be
forwarded to the City, and .you vn1l receive a letter from them giving the ruling on your application.
This Company is not aupwrized to grant any exemptions.
A copy of the Extract of Municipal Ordinance is enclosed for. your information. Please refer to the
Provision that gives the grounds for Exemption.
Ego note, if the W grants an exemption, it will expire at the end of the calendar year in which it is
granted Renewal of ain'sqmtion-jawires that another Affidavit be completed and submitted If the
ewe ption is not renewediggUted, billing Will resume at the first of the swing calendar year.
Ps ExcnVtion Lotterec
EXHIBIT C
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EXHIBIT D
Ay of Pahn Springs
Office of the City Attorney
* ' „ 3200 E. T:ingttitx Canyon Way o Palm Swings, Caiifornia 92262
Tel: 760.323.8205 a Fax: 760.322.8332 a TDD 760.864.9527 a www.paimspringsca.gov
March 1, 2018-
VIA HAND DELIVERY AND UNITED STATES MAIL
Julie K. Rupp
2540 S. Araby Drive
Palm Springs, CA 92264
Re: Abatement of Nuisances, Lack of Ingress/Egress via Access Road,
Notice of Intent to Prevent Continued Occupancy
Dear Ms. Rupp,
You will recall that the City of Palm Springs ("City") issued courtesy notices regarding the
nuisance ("Nuisance") that exists on various properties located at the origin of the access road
that leads to your residential property located at 2540 S. Araby Dr., Palm Springs, CA 92264,
identified as assessor's parcel number 510-270-024, legal description: 2.68 acres in a portion of
the Southeast quarter of Section 25, Township 4 South, Range 4 East, for a complete legal
description, please refer to the assessor's map, ("Your Property"). As a courtesy, you are
informed that the City views the existing condition/violation at that location, i.e., the washout of
the roadway area adjacent to the access road discussed separately below, as extremely serious.
Insofar as this condition/violation presents life safety issues that have_ bee-D c l,pteIy and
continu�.^ra.eglectest..by_the prop?erfy owners that received the courtesy notices, the City ca
_n
no longer allow it to persist.
Today, City representatives including the undersigned are meeting with you and other adjacent
property owners. If the Nuisance is not abated in ten (10) days' time, the City will be issuing
notices of violation to the property owners of its location, and commencing abatement of the
Nuisance pursuant to Chapter 11.72 of the Palm Springs Municipal Code ("PSMC"). All costs
and expenses of this abatement, as well as any and all enforcement costs, will be at the joint
and several responsibility of property owners legally responsible for the location of the Nuisance.
Furthermore, the City will avail itself of all of its rights and remedies under Chapter 11.72 as to
recovery of these abatement and enforcement costs.
The circumstances necessitating this correspondence and pertaining to Your Property, and to
the residential property of your neighbor David M. Levy, 2544 S. Araby Dr., Palm Springs, CA
92264, are not limited to the City's need to abate the Nuisance described above, i.e., the
roadway area next to the access road. The location of the Nuisance adjacent to the DesertWater
Agency pump house is impassible for fire safety and waste collection vehicles. In addition, the
fire access road leading to the residential structures belonging to ou and to Mr. Levy, is also
Post Office Box 2743 - Palm Springs, California 92263-2743
uurrent�y Impassible for fire safety and waste collecti
related nuisance the -cress Road Nuisance" . Abat,
'S legal esponsibility
financial coni
Code Section 84 . The C will j addressland abate the
.E222ratel since the legal responsibility for the two (21
Julie K. Rupp
March 1, 2018
Page 2 of 2
and
ibution by you pursuant to California Civic
Uuisance and the Access Road Nuisance
locations is not coextencnta
You are hereby placed or) notice that if the Access Road Nuisance is not abated to the City's
satisfaction within ten (10) days' time, the City will be issuing a separate notice of violation to Mr.
Levy, and commencing abatement o the Access Roa Nuisance pursuant to PS C C ap er
11 '2 L�Ld ii�e abasement of the Nuisance, you may rest assured that the abatement of the
Access Road Nuisance, and any enforcement costs associated therewith, will not be borne by
the City. You may wish to consult with an attorney regarding your legal responsibility to contribute
the maintenance of an easement that benefits Your Property.
Finally, there is the issue of your continued occupancy and use of Your Property,
continued occupancy and use of his residential roe Per and 1 li safety
services cannot be provided to persons dwelling in either location. Accordingly,heein public safely
eby
placed on notice that if for any reason the Nuisance and the Access Road Nuisance areou are not
abated to the City's satisfaction within thirty (30) days, the City will take ail legal and equitable
action necessary to prevent you from dwelling at Your Property and prevent Mr. Levy from
dwelling at his property.
If you have any questions about this correspondence, please contact me or have your attorney
do so.
Very Truly Yours,
THE CITY OF PALM SPRINGS
Edward Z. Kotkin,
City Attorney
January 4, 2022
PLEASE PRESENT AT THE PUBLIC HEARING BEFORE THE HISTORIC SITE PRESERVATION
BOARD for January 4, 2022
Dear City Attorney and City Clerk,
Please provide the Vacant Property Registration Form for 2500, 2501 S Araby Drive
Please provide the Vacant Property Monitoring Plans for 2500, 2501 S Araby Drive
As Mr. Levy is a full time resident at 2550 S Araby, please provide the Vacant Property
Registration Form is there is one on file. Mr. Levy has been living at 2550 S Araby since
selling his Anza Trail Home in March 2018 for $900,000 and has the money to repair
2550 S Araby to be habitable and not to be the Nuisance that Mr. Levy has created, to
purposefully harass anyone that owns or occupies 2540 S Araby. This behavior of Mr.
Levy, a Licensed Architect and former Licensed Builder is beyond absurd.
We are very concerned that The City of Palm Springs refuses to apply the law to the
residential properties of 2500, 2501 and 2550 S Araby Drive. The City's Inactions have
created a health and safety issues for occupants of 2540 S Araby Drive. The welfare of
myself and my family has been severely neglected.
Vacant buildings can be a source of blight in both residential and non-residential
neighborhoods, especially if these buildings are not properly maintained. Even one
vacant building which is not actively maintained and managed can become a burden to
the community, becoming the core and cause of spreading blight. The City of Palm
Springs now requires that vacant properties be registered with the Department of
Building and Safety so that we may work in partnership with property owners to ensure
our City's standards are met and maintained.
Vacant properties, including single-family homes, must be registered as soon as
possible, but no later than 10 days after becoming vacant. A commercial property
where at least 35% or more of the total floor area within the building(s) is not occupied
is considered a vacant property and must be registered. A separate registration form
must be completed for each vacant property.
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. (Ord.
2032 § 2, 2020)
. 2.1L9-tpz
+G t,OmYWAIA
ITE. Mkt NO. �i.l .....�..
• PSMC Chapter 1 Section 8.80 - Lone -Term Maintenance of Boarded and Vacated
Buildings
• Palm Springs, California Municipal Code
• Title 8 BUILDINGS AND CONSTRUCTION
• Chapter 8.80 VACANT BUILDINGS AND BOARDING REGULATIONS
• Show All
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 everyday 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. (Ord. 2032 § 2, 2020)
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City of Palm Springs Code Compliance
200 S Civic Dr Palm Springs, CA 92263
(760) 778-8434
Vacant Property Registration Form
Property Address:
Property Type:
COMMERCIAL $1,943.70 security fee + $37.79 registration fee= $1981.49
RESIDENTIAL $37.79 registration fee
Property Owner or Lienholder Information:
Contact Person:
Phone Number:
E-mail Address:
Company Name:
Mailing Address:
Property Management Information (must be local):
Contact Person:
Phone Number:
E-mail Address:
Company Name:
Mailing Address:
Complete this form, make check payable to the "City of Palm Springs", and mail to:
PS Police Department: Code Compliance
RE: Vacant Building registration
200 South Civic Drive
Palm Springs, CA 92263
The fee and registration is valid for one (1) year from the date of permit issuance/registration and is due annually as
long as property is vacant. You are required to renew your registration every year that your property is vacant.
Please note, the fee increases annually in the summer.
If you have any questions, contact the Code Compliance Department at (760) 778-8434.
Registrant:
Print Name Signature
Company Name, Address, Phone Number
Date