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HomeMy WebLinkAbout1/1/1968 - ORDINANCES ORDINANCE NO. 811 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9216.03-K AND 9218.03-J OF DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE TO ALLOW THE OUT- DOOR DISPLAY OF PAINTINGS IN COMMERCIAL ZONE DISTRICTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9216.03-K of Division 9 of the Palm Springs Ordinance Code is hereby amended by adding the following: Paintings for sale in conjunction with a business licensed to sell paintings (subject to site plan approval by the Director of Planning and Development) . SECTION 2. Section 9218.03-J of Division 9 of the Palm Springs Ordinance Code is hereby amended by adding the following: Paintings for sale in conjunction with a business licensed to sell paintings (subject to site plan approval by the Director of Planning and Development) . SECTION• 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 8th day of April 1968. AYES: Councilmen Dragicevich, Foster, McCoubrey & Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City Clerk i ,beputy City Clerk Mayor ", APPROVED ASSTTO'FORM J CONTENTS APPROVED City Y Date „� "�+p-`(e� Date 2-C Ord. No. 811 Page 2 I hereby certify that the foregoing Ordinance No. 811 was published in the DESERT SUN, a newspaper of general cieculation, printed, published and circulated in the City of Palm Springs, California, on April 12, 1968. I Dated this 16th day of April, 1968. c� JUDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 811 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 8th day of April, 1968. Dated this 16th day of April, 1968. F. D. ALESHIRE City Clerk ^ By: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 812 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9219.01-A AND I 9219.02 OF DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE TO ALLOW C-1 AND C-2 USES AND ON AND OFF SITE LIQUOR SALES IN THE C-M ZONE DISTRICT. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9219.01-A of Division 9 of the Palm Springs Ordinance Code is hereby amended by adding the following: All uses permitted in the C-1 and C-2 zone districts. SECTION 2. Section 9219.01-A Restaurant, coffee shop (no alcoholic beverages, no on-off liquor sales) of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: Restaurant, coffee shop SECTION 3. Section 9219.02 of Division 9 of the Palm Springs Ordinance Code is hereby amended to delete the following: Liquor, on-off site sales SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 8th day of April , 1968. AYES: Councilmen Dragicevich, Foster, McCoubrey & Mayor Wiefels NOES: None ABSENT: Councilmen Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City Clerk (Deputy City Clerk Mayor4r Y 67 APPROVED AS TO FORM CONTENTS APPROVED City Atto .iey Date J-2d)- W16 Date 1-C A Ord. No. 812 Page 2 I hereby certify that the foregoing Ordinance No. 812 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, I on April 20, 1968. Dated this 16th day of April, 1968. JUDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 812 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 8th day of April, 1968. Dated this 16th day of April, 1968. F. D. ALESHIRE City Clerk (� I gy: JUDITH SUMICH Deputy City Clerk 33 ORDINANCE NO, 813 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 6118. AND 6119. OF ARTICLE 611 OF DIVISION 6 OF THE I PALM SPRINGS ORDINANCE-CODE CONCERNING TRAFFIC COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION to Section 6118. of Article 611 of Division 6 of the Palm Springs Ordinance Code is hereby amended to read as follows: 6118. TRAFFIC AND PARKING COMMISSION There is hereby established a Traffic and Parking Commission to serve without compensations Said Commission shall consist of the Director of Public Works or his representative, without vote; Chief of Police or, in his discretion and as his representative, the Chief of the Traffic Division, without vote; and five members appointed by the Mayor .with the approval of the City Council. The term of office of the five (5) appointed members shall be for two (2) years. All of said Commissioners shall serve without compensation, I SECTION 2. Section 6119. of Article 611 of Division 6 of the Palm Springs Ordinance Code is hereby amended to read as follows: 6119. DUTIES OF TRAFFIC AND PARKING COMMISSION It shall be the duty of the Traffic and Parking Commission to recommend to the City Council, via the City Manager, the most practical means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration or enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to prepare and report upon studies made in connection with off-street parking; to receive complaints having to do with traffic matters; to keep the public informed of proposals under consideration and of any other matters pertaining to traffic safety, regulations and off-street parking. SECTION 3, EFFECTIVE DATE, This Ordinance shall be in full force and effect. thirty (30) days after passage, 9-B Ord. No. 813 Page 2 SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED THIS 13th day of May 1968o I AYES: Councilmen Foster, McCoubrey, Pitts, Selig and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE Cit C1 BY• � •, *� BY 1 [ �r v �M9C°,ww Dk y City Clerk Mayor nth' APPROVED AS TO FORM: CONTENTS APPROVED: City Attorneyf ` Q Date. ;J.. <, Date: J I b D I I hereby certify that the foregoing Ordinance No. 813 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on May 17, 1968. Dated this 20th day of May, 1968. Ga'/7,t z DITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 813 was duly adooted by the City Council 6f the City„of' Palm°Springs 4 a me8ting; thereof,held'on the 13th day of May, 1968. Dated this 20th day of May, 1968. F. D. ALESHIRE City Clerk Y 4By: NDITH SUMICH D puty City Clerk 9-B ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ANNEXING UNINHABITED TERRITORY PURSUANT TO THE "ANNEXATION OF UNINHABITED I TERRITORY ACT OF 1939," SECTIONS 35300 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, SAID LANDS BEING GENERALLY DESCRIBED AS A PORTION OF SECTION THIRTY- SIX (36) , TOWNSHIP FOUR (4) SOUTH, RANGE FOUR (4) EAST, SAN BERNARDINO BASE AND MERIDIAN, IN RIVERSIDE COUNTY, CALIFORNIA, AND MORE FULLY HEREINAFTER DESCRIBED. WHEREAS the "Annexation of Uninhabited Territory Act of 1939," Sections 35300 et seq. , of the Government Code of the State of California, provides for the alteration of boundaries of incor- porated towns or cities by the annexation of uninhabited territory thereto, and for the incorporation of such annexed territory into and as a part of the annexing city, and for the opening of council- manic districts for the purpose of inclusion of the lands annexed; and WHEREAS the City Council of the City of Palm Springs, on the llth day of March, 1968, by Resolution No. 9184, initiated proceedings on its own motion and pursuant to the said above referred to Annexation Act, to alter the boundaries of said City, and to incor- porate and include in said City uninhabited territory within the I boundaries of said City hereinafter specifically described; and WHEREAS the said territory was determined to be uninhabited territory under the provisions of the referred to State Annexation Act; and WHEREAS in Resolution No. 9184, the City commenced the proceedings for annexation, and did set forth the reasons for such. annexation, the same being: 1. The subject property was deeded to and is presently owned by the City of Palm Springs. 2. The subject property is presently being maintained by the City of Palm Springs. 3. In order to preclude the paying of property taxes on the subject property, because it is not within the boundary of the City of Palm Springs. WHEREAS the City of Palm Springs is the legal owner of the unin- habited territory proposed to be annexed, authorization has been granted by the Local Agency Formation Commission to the City Council of the City of Palm Springs to proceed with the subject annexation without notice or public hearing; and WHEREAS all proceedings required by the "Annexation of Uninhabited Territory Act of 1939" were had and taken as prescribed by said Act. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the "Annexation of Uninhabited Territory Act of 1939," Sections 35300 et seq. of the Government Code of the State of California, the boundaries of the City of Palm Springs 15-B -1- Ordinance No. 814 Page 2 shall be and hereby are altered, and the uninhabited territory here- inafter described is hereby annexed to an incorporated within and included in the City of Palm Springs, Riverside County, California: That portion of Section 36, T4S, R4E, SBB&M. , County of Riverside, I California, being more specifically described as follows: Commencing at the northwest corner of said Section 36, said northwest corner also being an angle point on the present boundary line of the said City of Palm Springs; thence S 000 03' 04" W along the west line of said Section 36, a distance of 299.26 feet, to a point of intersection with the northeasterly line of Toledo Avenue, said point of intersection also being the True Point of Beginning: Thence S 400 24' 14" E, along the northeasterly line of Toledo Avenue, a distance of 223.71 feet, to the southeasterly line of Murray Canyon Drive; thence S , 490 35' 46" W, along the southeasterly line of Murray Canyon Drive, a distance of 223.71 feet to a point of intersection with the said west line of Section 36, said point of intersection also being a point on the present boundary line of the City of Palm Springs; thence N 000 03 ' 04" E along the said present boundary . line of the City of Palm Springs, a distance of 294.00 feet to the True Point of Beginning. SECTION 2. The annexation proceedings for the hereinabove described land shall be complete upon filing of a certified copy of this ordinance in the office of the Secretary of State of the State of California; and upon the effective date of this ordinance the City Clerk is directed to file a certified copy of same with the Secretary of State at Sacramento, California. I SECTION 3. The City Council does hereby impose upon the lands described in Section 1 above R-l-C, Single Family Zoning with the rights and limitations pursuant thereto and as set forth in Section 9100.06 of Division 9 of the "Palm Springs Ordinance Code." The R-1-C zoning provided by this section is "temporary interim zoning" as provided for by Section 65806 of the Government Code of the State of California. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 27th day of May 1968. AYES: Councilmen McCoubrey, Pitts, Selig and Mayor pro tem Foster NOES: None ABSENT: Mayor Wiefels ATTEST: F. D. ALESHIRE CITY OF P SPRINGS, CALIFORNIA C' y. G By U eputy City Clerk ay or pro tem APP VED AS TO FORM CONTENTS APPRO ED City �tAttorney Date ^- a — Datg �CJ 2� 25 30 CI'vY 'LiM,�S I � Vo q 1 l IN r� it p� I ' N I i° I I a � I g5 I� i V ' - • i PORT/ON TO BE" ANNEXED Sf/O%N/✓ T r,J✓..; li C/7-Y OF .�...-.'-�- T. 4 .5. ' R.4 E. Ord. No. 814 Page 4 I hereby certify that the foregoing Ordinance No. 814 was I published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on June 3, 1968. Dated this 3rd day of June, 1968. — NDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 814 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 27th day of May, 1968. Dated this 3rd day of June, 1968. F. D. ALESHIRE I City Clerk D 9By: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 815 OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING EXISTING CHAPTER 83 AND ADDING I A NEW CHAPTER 83 OF THE PALM SPRINGS ORDINANCE CODE CONCERNING ANTENNAS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 83 of Division 8 of the Palm Springs Ordinance Code is hereby repealed. SECTION 2. Chapter 83 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 830 DEFINITIONS 8300. DEFINITIONS. In this Chapter: 8300.1 "ANTENNA" means the outdoor portion of the receiv- ing or transmitting equipment used for the receiving or transmitting of television or radio or other such waves from space. 8300.2 "WHIP ANTENNA" is an antenna as defined in Section 8300.1 of this Chapter and, in addition, is further defined as a single tubular or solid metal contri- vance fashioned in the shape of a common whip, supported primarily from ground level and without guy wires and without cross-arms or other appur- tenances on the antenna at any point above ground. 8300.3 "BUILDING INSPECTOR" means the Director of Planning and Development of the City of Palm Springs, or any of his authorized assistants. 8300.4 "HEIGHT" means the overall vertical length of the antenna system. ARTICLE 831 REGULATIONS 8310. PLANS AND PERMIT. It shall be unlawful for any person to erect or cause to be erected within the City of Palm Springs any antenna without first submitting plans for such antenna to the Director of Planning and Development for approval. The Director of Planning and Development shall be guided by the following standards in the approval of the antenna plans: (1) In no event shall any antenna, except a whip antenna, be erected which has a vertical length of greater than three (3) feet. (2) The antenna shall be supported by guy wires of sufficient strength and construction so as to prevent the antenna from falling during periods of heavy wind. 10-B -1- Ordinance No. 815 Page 2 (3) The Director of Planning and Development I shall issue a permit for the erection of an antenna complying with the provi- sions of this Chapter, and the permit fee shall be one (1) dollar. 8311. PERMISSION FOR HIGHER ANTENNAS. In areas where reception is affected by obstructions, special permission may be granted by the Board of Appeals to exceed the above specified height limitations pursuant to the variance procedure set forth in Division 9 of the Palm Springs Ordinance Code, exclusive of the filing fee and public hearing requirements. 8312. EXCEPTIONS. Nothing herein contained shall prevent the erection, construction and maintenance of antennas necessary for the operation of public utilities, approved public and private television and radio stations, and public authorities after approval has been received from the Department of Planning and Development. 8313. AUTHORITY TO INSPECT. A Building Inspector is hereby empowered to inspect or reinspect any antenna installation for violation of Section 8310 and, if found in violation, shall notify the person owning or operating such antenna and require the correction of the condition within forty-eight (48) hours. 8314. FAILURE TO CORRECT. Failure to correct violations within the time specified in Section 8313 shall subject the violator to the penalties provided in Sections 0311 to 0314 inclusive of the Palm Springs Ordinance Code. ARTICLE 832 NON-CONFORMING RIGHTS 8320. NON-CONFORMING ANTENNAS. Unless erected pursuant to variance procedure, non-conforming antennas shall be brought into conformity with the provi- sions of Article 831 on or before January 1, 1971. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to -2- Ordinance No. 815 Page 3 1 cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 10th day of June 1968. AYES: Councilmen Foster, McCoubrey, Pitts, Selig & Mayor Wiefels NOES: None ABSENT: None ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA Citv Clerk By Deputy City Clerk Mayor a' APPROVED AS TO FORM CONTENTS APPROVED (2/�- -IIZ4�1 i r I City Attorney Date 'tF 022 -6- Date -57—a�z 0 —d B I hereby certify that the foregoing Ordinance No. 815 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on June 14, 1968. Dated this 24th day of June, 1968, JUDITH SUMIC H Deputy City Clerk I hereby certify that the foregoing Ordinance No. 815 was duly adopted by the City Council of the City of Palm Sprirgs in a meeting thereof held on the loth day of June, 1968. Dated this 24th day of June, 1968. F. D. ALESHIRE City Clerk -3- PBJUDIT11 SUMI 'H Deputy City Clerk 1 ORDINANCE NO. 816 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5102, OF CHAPTER 51, OF DIVISION 5, OF THE PALM SPRINGS ORDINANCE CODE, TO INCREASE THE MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5102, of Chapter 51, of Division 5 of the Palm Springs Ordinance Code, is hereby amended to read as follows : 5102. HUMAN RELATIONS COMMISSION. There is hereby created a Human Relations Commission for the City of Palm Springs, California. It shall consist of nine members , serving without compensation to be appointed by the Mayor with the approval of the City Council, one of whom shall be designated by the Mayor as its chairman. Each successive year hereafter on May lst the Mayor shall appoint a chairman from the members. Five members of said commission shall constitute a quorum for the transaction of busi- ness. Of the nine members first appointed, four shall be appointed for the term that expires April 30, 1969, and five shall be appointed for the term that expires April 30, 1970. Thereafter all appoint- ments to the commission shall be for a term of two years. Any mem- ber may be removed by the Mayor for failure to attend meetings or for inattention to duties. In the event of the death, resignation or removal of any member, his successor shall be appointed by the Mayor to serve for the unexpired period of the term for which such I member had been appointed, provided, however, that whenever possible, all members shall continue in office until their successors shall have been appointed. The Mayor, City Manager, City Attorney, President of the School Board, the Superintendent of Schools, or their designated representative, shall serve as ex-officio members of the commission, and shall be authorized to attend all meetings of the commission and shall take part in all discussion, but shall not be empowered to vote on matters before the commission. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this loth day of June , 1968. AYES: Councilmen Foster, McCoubrey, Pitts, Selig and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA FrD�LESHIRE City C1�k a $y,_ � � �heputy City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVED City Attorney Date �, -; �;%— (,,,t � Date S- 2,44 c 14-B I hereby certify that the foregoing Ordinance No. 816 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California, on June 14, 1968. Dated this 24th day of June, 1968 I JUDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 816 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 10th day of June, 1968. Dated this 24th day of June, 1968. F. D. ALESHIRE City Clerk / /By: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 817 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, I REPEALING CHAPTER 16 AND ADDING A NEW CHAPTER 16 OF THE PALM SPRINGS ORDINANCE CODE, CONCERNING ORDINANCE PROVISIONS AND ALL RESOLUTIONS AND PROVISIONS OF RES- OLUTIONS WHICH HERETOFORE HAVE ESTABLISHED ACCOUNTING FUNDS FOR THE PURPOSE OF RECORDING EXPENDITURES, REVENUES, AND OTHER FINANCIAL TRANSACTIONS CONCERNING CITY MONEYS AND PROVIDING FOR ESTABLISHMENT OF ALL ACCOUNTING FUNDS BY RESOLUTION OF THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 16, of Division 1, of the Palm Springs Ordinance Code is hereby repealed. SECTIONS 2. A new Chapter 16, of Division 1, of Palm Springs Ordin- ance Code is hereby added to read: ARTICLE 161 FUNDS I 1611. REPEAL OF PRIOR ORDINANCES. All ordinance provisions which have heretofore established City accounting funds for the purpose of recording expenditures, revenues and other financial transactions involving City moneys are hereby repealed. 1612. REPEAL OF PRIOR RESOLUTIONS. All resolutions or provisions of resolutions which have heretofore established City accounting funds for the purpose of recording expenditures , revenues and other financial transactions involving City moneys are hereby repealed. 1613. ESTABLISHMENT OF FUNDS. All accounting funds currently being used by the Director of Finance and future accounting funds shall be established and/or repealed by resolution of the City Council. 1614. FUNDS INCLUDED IN BUDGET. The annual fiscal budget prepared by the City Manager shall list each accounting fund then currently estab- lished ,by resolution whether or not the fund is in active use. 1615. EFFECT UPON CODE. This ordinance shall have precedence over all other City ordinances subsequent hereto which expressly repeal specific provisions of this Chapter. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. 1 A Ord. No. 817 Page 2 SECTION 4. PUBLICATION. The City Clerk is hereby ordered and I directed to certify to the passage of this ordinance and to cause the same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. Adopted this 24th day Of, June , 1968. AYES: Councilmen Foster, McCoubrey, Pitts, Selig and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk i D puty City Clerk Mayor ( I APPROVED AS TO FORM: CONTENTS APPROVED: ii!! r City At Attorney Date G Date I hereby certify that the foregoing Ordinance No. 817 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on June 28, 1968. Dated this June 28, 1968. 9:JrITH SUMICH Duty City Clerk I hereby certify that the foregoing Ordinance No. 817 was duly I adopted by the City Council of the City of Palm Springs, in ,a meeting thereof held on the 24th day of June, 1968. Dated this 28th day of June, 1968. F. D. ALESHIRE City Clerk By: JUDITH SUMICH 1 Deputy City Clerk ORDINANCE NO. 818 AN ORDINANCE OF THE CITY OF PALM SPRINGS, I CALIFORNIA, AMENDING SECTION 29. 13-13 OF THE PALM SPRINGS ORDINANCE CODE BY ADDING SECTION I THERETO PROVIDING FOR A WITHHOLD- ING NOTICE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 29, 13-13 of the Palm Springs Ordinance Code is hereby amended by adding Section I thereto to read as follows 29, 13-13 I. Withhold Notice. If any person is delinquent in the pay- ment o the amount required to be paid by him or in the event a determination has been against him for the pay- ment of the tax, the City of Palm Springs may, within three (3) years after the tax obligation became due, give notice thereof personally or by registered mail to all persons, including the State or any political subdivision thereof, having in their possession or under their control any credits or other personal property belonging-to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the tax- payer's credits, other personal property or debts until the City of Palm Springs consents to a transfer or dis- position or until sixty (60) days elapse after the receipt of the notice, whichever expires earlier. All persons, upon receipt of said notice, shall advise the City immedi- ately of all such credits, other personal property or debts in their possession, under their cmtrol or owing by them. If such notice seeks to prevent the transfer or other dis- position of a deposit in a bank or other credits or per- sonal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held hereunder during the effective period of the notice to with- hold, he shall be liable to the City of Palm Springs to the extent of the value of the release up to the amount of the indebtedness owed by the taxpayer to the City of Palm Springs. Adopted this 8th day of July , 1968. Ayes: Councilmen Foster, McCoubrey, Pitts, Selig & Mayor Wiefels Noes: None Absent: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE Cg:" B y City Cler mayor APPROVED S TO FORM: CONTENTS APPROVED: LIe City Att ey Date: 2 _ Date 8 B I hereby certify that the foregoing Ordinance No. 818 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on July 12, 1968. I Dated this 12th day of July, 1968. JUDITII SUMICH LDeputy City Clerk I hereby certify that the foregoing Ordinane No. 818 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 8th day of July, 1968. Dated this 12th day of July, 1968. F. D. ALESHIRE City Clerk 0 : NDITII SUMICH gyDep uty City Clerk I 49 ORDINANCE NO. 819 AN ORDINANCE OF THE CITY OF PALM SPRINGS, FIXING THE AMOUNT OF MONEY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JU.LY 1, 1968. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AS FOLLOWS : SECTION 1. The amount of money necessary to be raised by taxation upon the taxable property within the City of Palm Springs as a cash revenue to carry on the various departments of said City and to pay the bonded indebtedness of the City for the fiscal year beginning July 1, 1968, is hereby fixed as follows: PROPERTY 'TAX CASH FUND REVENUE REQUIRED General 81,121,742.00 Library 176,604.00 Sewage Facilities 124,389.00 Park and Recreation 322 ,575.00 Retirement 275 ,098.00 Debt Redemption 370,474.00 $2,390s882.00 SECTION 2. The amount of money necessary to be raised by taxation and as provided by this ordinance has been established pursuant to a budget prepared by the City Manager and approved by resolution number 9268 of the City Council, in accordance with the 1II requirements of they "Palm Springs Ordinance Code". Pursuant to the authority granted by the statutes of the State of California, the budget referred to is hereby adopted, and items for purchase provided for by such budget may be purchased and paid by the City Treasurer prior to audit by the City Council. SECTION 3. This is an ordinance fixing the amount of money to be raised by taxation. The City Council therefore determines and declares that the same shall be effective immediately by authority of the provisions of Section 36937 of the Government Code of the State of California. SECTION 4. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Desert Sun, a newspaper of general circulation, printed, published, and circulated in the City of Palm Springs. Adopted this 12th day of __August, 1968. Ayes: Councilmen Foster, Pitts, Selig & Mayor Wiefels Noes: None Absent: None Abstain: Councilman McCoubrey ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA CITY CLERK t i By '� �. c Depux/y City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED 12-B City ttorney Date Date 50 I hereby certify that the foregoing Ordinance No. 819 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on August 16, 1968. Dated this 19th day of August, 1968. I / )JUDITH SUMICH --/Deputy City Clerk I hereby certify that the foregoing Ordinance No. 819 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 12th day of August, 1968. Dated this 19th day of August, 1968. R. D. ALESHIRE City Clerk y: JUDITH SUMICH Deputy City Clerk 51 ORDINANCE NO. 820 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9302 .00-C AND 9302.00-D OF DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE TO PROVIDE AMENDED 1 REGULATIONS FOR THE PROTECTION OF INTER- SECTION VISIBILITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9302 .00-C of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: C. PROTECTION OF INTERSECTION VISIBILITY. The following regulations shall apply to the inter- section of streets: 1. There shall, be no visual obstructions as herein ,defined within the corner cutback area. The corner cutback area is hereby defined as the triangular area created by a forty-five (45) degree angle line on a horizontal plane connecting two (2) points on intersecting property lines, as shown on Exhibit "A." 2. In the corner cutback area, -visual obstructions fare hereby defined as any wall, fence, obstacle, I mature landscaping or thing allowed, installed, set out or maintained which exceeds a height of two and one-half (2i) feet above the joining top of curb at the applicable corner of the street intersection, or three (3) feet above the nearest pavement surface where there is no curb, or the existing traveled roadway where there is no curb or pavement . 3. Exceptions: Visual obstructions shall not include existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zoning and building regulations ; public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the reference point as defined herein provided trees are spaced so that trunks do not create a visual barrier, and official traffic or other govern- mental signs . 4. in residential zones, the corner cutback area shall consist of a triangular area created by the diagonal connection of two (2) points measured thirty (30) feet back from the intersection of the prolongation of the front and side front property lines. -1- `52 Ordinance No. 820 Page 2 5 . In commercial and industrial zones, the corner cutback area shall consist of a triangular area created by the diagonal connection of two (2) points measured ten (10) feet back from..the inter- section of the prolongation of the front and side front property lines. SECTION 2 . Section 9302.00-D-la of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: D . HEIGHT STANDARDS Is Walls and fences not exceeding six (6) feet in height shall be permissive in all. side and rear yards and along side and rear lot lines. All walls and fences in any front yard and side front yard may not exceed four and one-half (42) feet in height . In the corner cutback area of corner ,lots, the height of walls, fences and landscaping may not exceed two and one-half (22) feet. SECTION 3 . Section 9302.00-D-4 of Division 9 of the Palm Springs Ordinance Code is hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5 . PUBLICATION. The City Clerk is hereby ordered and i directed to certify to the passage of this Ordinance and to cause same I to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED THIS 9t1i day of September 1968. AYES: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City Clerk By eputy City Clerk Mayor APPROVED AS TO//FORM CONTENT PPROVED City Attorney/ Date7 � C,J Date_ U �— U— Ord. No. 820 Page 3 I hereby certify that the foregoing Ordinance No. 820 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 9th day of September, 1968, and that same was published in THE DESERT SUN, a newspaper of general circulation, printed; published and circulated in the City of Palm Springs, California, on September 16, 1968. Dated this 17th day of September, 1968, F. D. ALESHIRE City Clerk (� y: JUDITH SUMICH Deputy City Clerk 55 ORDINANCE NO. 821 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 5601.12 OF THE PALM SPRINGS ORDINANCE CODE DECLARING HAZARDOUS INTERSECTION OBSTRUCTIONS UNLAWFUL AND A PUBLIC NUISANCE -(CASE 5.465) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. SHORT TITLE. The Ordinance shall be known as "The Hazardous Corner Nuisance Ordinance." SECTION 2. DEFINITION. For the purposes of this Ordinance, the corner cutback area shall mean the triangular area created by a diagonal line drawn at a forty-five (45) degree angle with property lines as shown on attached Exhibit A. SECTION 3. Add Section 5601.12. 5601.12 HAZARDOUS OBSTRUCTIONS DEFINED. A hazardous obstruction shall mean any obstacle, landscaping or thing, allowed, installed, set out or maintained in the corner cutback area reaching a height higher than two and one-half (2 1/2) feet above the adjoining top of curb at the applicable corner of the street intersection, or three (3) feet above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where I there is no curb or pavement. Hazardous obstructions shall not mean existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zoning and build- ing regulations, public utilities' poles, trees trimmed at the trunk at least eight (8) feet above the level of the reference point as defined herein, provided trees are spaced so that trunks do not create a visual barrier, official traffic or other governmental signs or to obstruc- tion found not to be unduly hazardous by the Director of Public Works or his authorized representative. The criteria to be applied in determining whether a particular obstruction is unduly hazardous shall include, but not be limited to, the size, nature, shape and location of the obstruction, other obstructions, if any, in the cutback area, the nature and use of the property and its topography, the classifications of the intersecting streets in question, the neighborhood, the nature of the traffic flow at the intersection in question including any accident history relating thereto and the opinions of the Director of Public Works and the Chief of Police relative to these and other hazard factors. - 1 - 1-D 56 Ord. No. 821 Page 2 SECTION 4. Add Section 5601.13. 5601.13 HAZARDOUS CORNER NUISANCE ORDINANCE VIOLATION. Any violation of the Palm Springs Hazardous Corner Nuisance Ordinance is hereby declared to be a public nuisance. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full I force and effect thirty (30) days after passage. SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED THIS 9th day of September , 1968. AYES: Councilmen Foster, McCoubrey, Pitts & Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City Cle By � ,J D puty City Clerk Mayor I APPROVED AS TO FORM CONTENTS APPROVED City Attorney Date A — $ ! 6 f Date I hereby certify that the foregoing Ordinance No. 821 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and' circulated in the City of Palm Springs, California, on September 16, 1968. Dated this 17th day of September, 1 DITH SUMICH 2 Deputy City Clerk I hereby certify that the foregoing Ordinance No. 821 was duly adopted by the City Council of the City of Palm Springs in a. meeting thereof held on the 9th day of September, 1968. Dated this 17th day of September, 1968. j:!TUDITH ALESHIRE lerk � 1-D SUMICH Deputy City Clerk 57 ORDINANCE NO. 822 ` AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 91 OF THE PALM SPRINGS ORDINANCE CODE BY REORGANIZ- ING THE TERMS OF OFFICE OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS AND SETTING FORTH THE PLANNING COMMISSION TERMS OF OFFICE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9111 and 9112 of the Palm Springs Ordinance Code are hereby amended to read as follows: 9111. Creation of Commission. In accordance with Section 65100 et seq. of the Governmeiit Code of the State of California the Planning Commission of the City of Palm Springs is hereby reorganized insofar as terms of offices are concerned. 9112. Membership. Terms of Office. In accordance with Section 5 5 o t e Government C,o e of the State of California the City Planning Commission shall consist of seven (7) members to be appointed by the Mayor subject to confirmation by the City Council. The terms of office of the membership of the Commission first appointed under these provisions shall be as follows: Two (2) shall continue until June 30, 1969 Two (2) shall continue until June 30, 1970 One (1) shall continue until June 30, 1971 Two (2) shall continue until June 30, 1972 Successors to each Planning Commission office shall be appointed for a four (4) year term commencing on July I of the year of appointment. Interim vacancies shall be filled by appointment for the unexpired term of the member. Any member of the Planning Commission may be removed from office by a majority vote of the City Council with, or without cause. Adopted this 9th day of September 1968. Ayes:r Councilmen Foster, McCoubrey, Pitts & Mayor Wiefels Noes: None Absent: Councilman Selig ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk B D pu y ity C er i l a�40Yr,i APPROVED AS TO FORM: CONTENTS APPROVED: ei City Attorney Date � Date 14-8 58 Ord. No. 822 Page 2 I hereby certify that the foregoing Ordinance No. 822 was published in THE DESERT SUN, a newspaper of general circulation, I printed, published and circulated in the City of Palm Springs, California, on September 16, 1968. Dated this 17th day of September, 1968. JUDITH SUMICH Deputy LCity Clerk I hereby certify that the foregoing Ordinance No. 822 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 9th day of September, 1968. Dated this 17th day of September, 1968. P. D. ALESH]R E City Clerk y; JUDI H SUMICH I Deputy CiY.y Clerk 59 ORDINANCE NO. 823 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE FOR A CHANGE OF ZONE I FROM R-TP TO R-2 FOR PROPERTY LOCATED ON THE If WEST SIDE OF CAMINO REAL APPROXIMATELY 600 FEET NORTH OF LA VERNE WAY, SECTION 26 . (CASE 5 .541) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 9100.03-B of Division 9 of the Palm Springs Ordinance Code, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change The property legally described as all that portion of the N 1/2 of the E 1/2 of the SE 1/4 of the NW 1/4 of Section 26, T4S, R4E, SBB&M described as follows: Commencing at the SW corner of said E 1/2 of the SE 1/4 of the NW 1/4, thence NOOo 13 ' 15" W along the west line of said E 1/2 a distance of 655 .85 feet to the South line of said N .L/2 of 'the E 1/2 of the SE 1/4 of the NW 1/4 and the true point of beginning, thence N 890 40 ' 02" E along said South line a distance of 131 .05 feet to the westerly line of Camino Real, thence N 300 45 ' 30" W along said westerly line a distance of 199.60 feet to the beginning of a tangent curve concave to the northeast, thence continuing along said east line of Camino Real and curve through a central angle of 70 19 59" , a radius of 544.00 feet and a length of 69.62 feet to the west line of said N 1/2, thence S 000 13 ' 15" E along said West line of said N 1/2 a distance of 231 .16 feet to the True Point of Beginning, is hereby rezoned from R-TP, Residential Trailer (Mobile Home) Park zone to R-2, Limited Family Residential zone. SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newpaper of general circulation, printed, published and circulated in the City -1- 1-C 60 Page 2 Ordinance No. 823 Change of Zone of Palm Springs, California I ADOPTED THIB 9th day of September 1968, AYES: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City Clerk eputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED v City Attorney/ Date— i�/?"A Date I hereby certify that the foregoing Ordinance No. 823 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on September 16, 1968. Dated this 17th day of September, 1968. JUDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 823 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 9th day of September, 1968. Dated this 17th day of September, 1968. F. D. ALESHIRE Clerk By: JUDITH SUMICH Deputy City Clerk 61 ORDINANCE NO. 824 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CON- STRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRI- CITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF PALM SPRINGS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1. Whenever in this ordinance the words or phrases here- inafter in this section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless , in the given instance, the context wherein they are used shall clearly import a different meaning) : a) The word "grantee" shall mean the corporation to which the a franchise contemplated in this ordinance is granted and its lawful successors or assigns; b) The word "City" shall mean the City of Palm Springs , a muni- cipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; c) The word "streets" shall mean the public streets, ways , alleys and places as the same now or may hereafter exist within said City; d) The phrase "poles,, wires, conduits and appurtenances" shall mean poles, towers, supports , wires, conductors , cables, guys, stubs , platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults , manholes, meters, cut-outs , switches, communication circuits, appliances, attachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets of said City, and used or useful, directly or indirectly, for the purpose of transmitting or distributing electricity; e) The phrase "construct and use" shall mean to lay, construct, erect, install, operate , maintain, use, repair, replace or relocate. SECTION 2. The franchise to use and to construct and use, for transmitting and distributing electricity for any and all purposes, poles, wires, conduits and appurtenances, including communication circuits, necessary or proper therefor, in, along, across upon, over and under the streets within the ,City of Palm Springs, is hereby granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of the Franchise Act of 1937. 2-B 62 Ord. No. 824 Pg. 2 SECTION 3. Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corpora- tion thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. SECTION 4. The grantee of said franchise, during the life thereof, will pay to said City two percent (2%) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of said City. SECTION 5. The grantee shall file with the City Clerk of said City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of said grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of said City. The grantee shall pay to said City within fifteen (15) days after the time for filing I said statement, in lawful money of the United States , the aforesaid percentage of its gross receipts for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. SECTION 6. This Ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. SECTION 7. The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. SECTION B. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk of said City. 63 Ord No. 824 Pg. 3 SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circu- lated in the City of Palm Springs, California. ADOPTED this 23rd day of September 1968. AYES: Councilmen Foster, McCoubrey, Selig & Mayor Wiefels NOES: None ABSENT: Councilman Pitts ATTEST: CITY OF PALM SPRINGS, CALIFORNIA FeD. ALESHIRE City Clerk By � De uty City Clerk Mayor l' APPROVED AS TO FORM: yAtto e Date ;-?- / A - 40 Ai I hereby certify that the foregoing Ordinance No. 824 was published in THE DESERT SUN, a newspaper of general circualtion, printed, published and circulated in the City of Palm Springs, California, on September 30, 1968. Dated this 1st day of October, 1968. 1 JUDITH SUMICH Deputy City Clerk I hereby dertif-y that the foregoing Ordinance No. 824 was duly adopted by the City Cuuncil of the City of Palm Springs in a meeting thereof held on the 23rd day of September, 1968. Dated this 1st day of October, 1968. • F. D. ALESIIIRE it Clerk By: JUDITH SUMICH Deputy City Clerk 64 r� ORDINANCE NO. 825 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 86 TO DIVISION 8 OF THE PALM SPRINGS ORDINANCE ORDINANCE CODE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILI- TIES IN UNDERGROUND UTILITY DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AS FOLLOWS: SECTION 1. A new Chapter 86 is hereby added to Division 8 of the Palm Springs Ordinance Code to read, as follows: CHAPTER 86 ARTICLE 861 APPLICATION 8610.00 APPLICATION. This Ordinance shall apply only to such projects requiring replacement of overhead with underground distribution facilities as ordered by Decision 73078 of Case No, 8209 of the Public Utilities Commission, The procedure herein is not intended and shall not replace State Law procedures for the undergrounding of such facilities under the various assessment district laws. ARTICLE 862 DEFINITIONS 8620.00 DEFINITIONS. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions: 8620.01 City. The term "City" shall mean the City of Palm Springs, a municipal corporation of the State of California. 8620.02 Commission. The term "Commission" shall mean the Public Utilities Commission of the State of California. 8620.03 Council. The term "Council" shall mean the Palm Springs City Council, 8620.04 Persona The term "person" shall mean and include individuals, firms, corporations, partnerships , and their agents and employees. 8620.05 Poles. The term "poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar or associated service. 8620.06 Underground Utility District. The term "underground utility district' or "district" shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 8640.00 herein. 8620.07 Utility. The term "utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. 60- Ord• No. 825 Page 2 ARTICLE 863 HEARING 8630.00 PUBLIC HEARING BY COUNCIL. The Council may from time to time adopt a resolution stating its intention to call I a public hearing to ascertain whether the public neces- sity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearing at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. 8630.01 REPORT BY DIRECTOR OF PUBLIC WORKS. Prior to holding such public hearing, the Director of Public Works shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other infor- mation, the extent of such utilities participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. I ARTICLE 864 CREATION OF DISTRICTS AND EXCEPTIONS 8640.00 CREATION OF UNDERGROUND UTILITY DISTRICTS. If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. -2- 6°? Ord. No. 825 Page 3 8641.00 EXCEPTION FOR EMERGENCY OR UNUSUAL CIRCUMSTANCES. Not- withstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty (30) days, without authority of the City Council in order to provide emergency service. The 111 City Council may grant special permission, on such terms as the City Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overnead wires and associated over- head structures. 6641.01 OTHER EXCEPTIONS. In any resolution adopted pursuant to Section 8640.00 hereof, the City may authorize any or all of the following exceptions: a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works. b) Poles, or electroliers used exclusively for street lighting. c) Overhead wires, (exclusive of supporting structures) crossing any portion of a district within which over- head wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead I wires and associated overhead structures are not pro- hibited. d) Poles , overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. f) Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services. g). Equipment appurtenant to underground facilities, such as surface mounted transformers , pedestal mounted terminal boxes and meter cabinets , and concealed ducts. h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with con- struction projects. -3- 6� Ord. No. 825 Page 4 ARTICLE 865 NOTICE 8650.00 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. Within ten (10) days after the effective date of a resolution I adopted pursuant to Section 8640.00 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said -resolu- tion of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, com- munication, or similar or associated service, they or such occupancy shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 8640.00 together with a copy of this ordinance, to affected ° property owners as such are shown on the last equalized assessment roll and to the affected utilities. ARTICLE 866 RESPONSIBILITY , 8660.00 RESPONSIBILITY OF UTILITY COMPANIES. If underground con- struction is necessary io provide utility service within I a district created by any resolution adopted pursuant to Section 8640.00 hereof, the supplying utility shall fur- nish that portion of the conduits, conductors and associ- ated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission or the City of Palm Springs. 8661.00 RESPONSIBILITY OF PROPERTY OWNERS. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 8660.00 and the termination facility on or within said building or structure being served. 8662.00 RESPONSIBILITY OF CITY. City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 8640.00 hereof. -4- 69 Ord. No. 825 Page 5 ARTICLE 867 FAILURE TO PROVIDE REQUIRED IMPROVEMENT 8670.00 The following procedure shall apply if property owner does' not provide required improvement. 8670.01 NOTICE TO PROVIDE REQUIRED UNDERGROUND FACILITIES. If the , above is not accomplished by any person within the time pro- vided for in the resolution enacted pursuant to Section 8640.00 hereof, the Director of Public Works shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as last shown on the last equalized assessment roll, to provide the required underground facilities within thirty (30) days after receipt of such notice. 8670.02 MANNER OF GIVING NOTICE. The notice to providejthe ,required underground facilities may be given either by personal ser- vice or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and a notice must also be ad- dressed to the owner thereof as such owner's name and address appear on the last equalized roll. When no address appears , the notice shall be mailed to General Delivery, City of Palm Springs. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. When notice is given by mail, the Director of Public Works shall, within forty-eight (48) hours after the mailing, cause a copy, printed on a card not less than eight (8) inches by ten (10) inches in I size, to be posted in a conspicuous place on said premises. 8670.03 CONTENT OF NOTICE. The notice given by the Director of Public Works to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said-work is not completed within thirty (30) days after receipt of such notice, the Director of Public Works will provide such required underground facilities, in which case the cost and expenses thereof will be assessed against the property benefited and shall forthwith become a lien upon such property. 8670.04 IN-LIEU OF INSTALLATION: COMPLETION OF CONSTRUCTION; REPORT OF ASSESSMENT: SETTING HEARING ON ASSESSMENT. If such premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Public Works shall in lieu of providing the required underground facilities speci- fied in Section 8670.03 above, have the authority to order the disconnection and removal of any and all overhead service to said property. Upon completion of the work by the Director of Public Works, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided together with the cost thereof and the legal description of the property against which such I cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter. -5- i o U Ord. No. 825 Page 6 8670.05 NOTICE OF HEARING. The Director of Public Works shall forthiaith,give notice in writing of the time and place of the hearing on the assessment to the person in pos- session of such premises and to the owner thereof, in the manner hereinabove provided. Such notice shall also set forth the amount of the proposed assessment. 8670.06 CONFIRMATION OF ASSESSMENT. Upon the date and hour set for the hearing of protests , the Council shall hear and consider the report and all protests, if there be any, and then proceed by resolution to affirm, modify or reject the assessment. 8670.07 ASSESSMENT AS A LIEN. If any assessment is not paid within - five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property as of the date of the completion of the work. The City Clerk shall file with the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid. The Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. ARTICLE 868 EXTENSION OF TIME 8680.00 EXTENSIONiOF TIME. In the event that any act required by this ordinance or by a resolution adopted pursuant to Section 8640.00 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturb- ances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. ARTICLE 869 UNLAWFUL ACTS AND PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS 8690.00 UNLAWFUL ACTS. Whenever the Council creates an Under- ground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 8640.00 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles , overhead wires and associated overhead structures in the district after the date when said overhead facilities are required -to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner. or occupant to continue to receive utility service as' provided in I Section 8661.00 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance. Ord. No. 825 Page 7 8691.00 PENALTY. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its requirements shall be, deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars 0500) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in the ordin- ante. SECTION 2. EFFECTIVE DATE, This ordinance shall be in full force and effect thirty (30) days from and after its adoption. SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 29th day of October , 1968. AYES: Councilmen McCoubrey, Pitts and Mayor pro tem Foster NOES: None ABSENT: Councilman Selig and Mayor Wiefels I ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City Clerk B� ,(.�,Z D puty City Clerk Mayor pro tem APPROVED AS TO FORM: CONTENTS APPROVED � City' Attorney Date ro - //— 6� Date I 16 I hereby certify that the foregoing Ordinance No. 825 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November 6, 1968. Dated this 7th day of November, 1968. I � / /SUDITH SUMICH Deputy City Clerk -7- 72 I hereby certify that the foregoing Ordinance No. 825 was '.duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 29th day of October, 1968. Dated this 7th day of November, 1968. F. D. ALESHIRE ty Clerk : JUDITH SUMICH Deputy City Clerk I I ORDINANCE NO. 826 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BY REFERENCE THE 1967 EDITION OF THE UNIFORM BUILDING CODE VOL. l; THE UNIFORM BUILDING CODE, VOL. 111 HOUSING; THE UNIFORM MECHANICAL CODE; AND THE UNIFORM PLUMBING CODE, AS PROMULGATED BY THE INTER- NATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, IN ACCORDANCE WITH SECTION 50022.1 ET SEQ OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article 801 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby repealed, SECTION 2. A new Article 801 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 801 BUILDING Collateral Reference: Copies of Volume 1 of the Uniform Building Code (1967 edition) , the Uniform Mechanical Code (1967 edition) and Volume 111 of the Uniform Building Code, Housing (1967 edition) , which were adopted by Ordinance No. 826 , effective November 29 , 1968, are on file in the office of the City Clerk, 801.1 "PALM SPRINGS BUILDING CODE." Pursuant to the provisions of Sections 50022.1 et seq. , of the Government Code of the State of California, the Uniform Building Code, 1967 Edition, Volume 1, promulgated by the International Conference of Building Officials and the Uniform Mechanical Code, 1967 Edition, promulgated by the International Conference of Building Officials and the Inter- national Association of Plumbing and Mechanical Officials, are hereby adopted by reference, and said Code, together with the additions and deletions hereinafter set forth in this Article, shall be known as the "PALM SPRINGS BUILDING CODE" in any prosecution for violation of any provisions thereof or otherwise. It shall be sufficient to designate any ordinance adding to, amending or repealing this Article 801, or any part thereof, as an addition or amendment or repeal of the "PALM SPRINGS BUILDING CODE," or any part thereof. .74 Ord. No. 826 Page 2 801.2 ADDITIONAL REGULATIONS TO THOSE PROVIDED BY THE UNIFORM BUILDING CODE (1967 Ed.) ADOPTED BY REFERENCE HEkEIN. Amend Section 301 (a) Permits Required: Include the designa- tion "Wall or fence" with the existing designation "Building or structure ." Amend Section 302 (e) Suspension or Revocation: The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any portion of the "Palm Springs Ordinance Code." Add Item 6 , Section 304 (d) : A chemical toilet or water closet shall be made available on each construction site and shall remain in place until construction is completed . One (1) such toilet or closet shall be provided for each complement of twenty (20) men or fraction thereof. Such toilets or closets shall be placed no less than twenty-five (25) feet from the property line of the building site . Doors to the toilets or closets shall face the building under construction. The chemical toilet shall be cleaned a minimum of one (1) time per week. Where construc- tion is being performed by one (1) owner or contractor, such toilets shall be not more than five hundred (500) feet apart . Amend Section 306 (c) Certificate Issued: After final inspection when it is found that the building or structure complies with the provisions of the Palm Springs Ordinance Code, the Building Offi- cial shall issue a Certificate of Occupancy which shall contain the following: 1 . The building permit number. 2 . The address of the building. 3 . The name and address of the owner. 4. A description of that portion of the building for which a certificate is issued. 5 . A statement that the described portion of the building complies with the requirements of the Palm Springs Ordinance Code for group of occu- pancy in which the proposed occupancy is class- ified . 6 . The name of the Building Official . Add Section 307: No person other than one (1) night watchmen for the whole of each work of improvement shall camp, lodge, or sleep, erect or maintain any tent , or make any bed, or lay any blanket or quilt for the purpose of sleeping thereon either at, in or adjacent to any building, structure or work of improvement which is under or in the course of construction and not completed, whether in an automobile trailer or otherwise. 2 - I 175 Ord. No. 826 Page 3 Add Section 308: No person shall be engaged or employed nor shall any person cause any other person to be engaged or employed in any work of construction, erection, alteration, repair , addition to, or improvement of any buildings, structure, road or improvement to realty between the hours of five o'clock p.m. of each day and eight o'clock a.m. of the next day, without written permission from Building Department first had and obtained . Amend Section 1105 , Paragraph 4, to read as follows: Every building or portion thereof where persons are employed shall be provided with at least one (1) toilet. Every building and each subdivision thereof where both sexes ,are employed shall be provided with access to at least two (2) toilets located in such building. Every building or portion thereof in the group occupancy "drinking and dining establishments," Division 2 , Section 1101, shall be provided with at least one (1) toilet and lavatory for each sex. Such toilet rooms for drinking and dining establishments shall be constantly available to the public during the hours in which the building is open for occupancy and must be accessible without passing through another subdivision of the building. Required lavatories shall have not and cold running water. Add to Section 1501: Division 3 - Barbed Wire Fences: Barbed wire fences shall be permitted in the City limits of Palm Springs only where installed for security purposes at a minimum height of six 6 feet above ground level and attached to the top of an approved fence or wall . Section 4708 (a) : Amend the first paragraph to read as follows: General. Plastering with portland cement plaster shall be not less than three (3) coats when applied over metal lath or wire lath and shall be not less than two (2) coats when applied over masonry, concrete, or gypsum backing as specified in Section 4706 (c) , except that the third coat may be omitted providing that the total plaster thickness is not less than seven-eighths (7/8) inch. Add Section 7011. 1 to Chapter 70 - Hillside Excavation and Grading: "The provisions of Section 9313 .00, Chapter 93 of Division 9 of the Palm Springs Ordinance Code shall apply." 3 76 Ord. No. 826 Page 4 SECTION 3. Section 801.3 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: 801.3 ADDITIONAL REGULATIONS TO THOSE PROVIDED BY THE UNIFORM MECHANICAL CODE (1967 Ed.) ADOPTED BY REFERENCE HEREIN. Section 2404: Amend the first sentence of the sixth paragraph to read as follows: Evaporative cooler waste water shall be disposed of in the same manner as provided in Section 1701. Section 1521: Add Section 1521 to read as follows: Condensate water shall not be discharged upon the surface of the ground. A drain connection to an approved disposal system shall be provided. SECTION 4. A new Section 801.4 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: 801.4 DANGEROUS AND SUBSTANDARD BUILDINGS SECTION 1. Section 203 (b) is amended to read as follows: (b) Notice to Owner. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged. Whenever the Build- ing Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, or demolition of the building. SECTION 2. Section 203 (c) is amended to read as follows: I (c) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous. 3. A statement of the action required to be taken as determined by the Building Official. (i) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured 4 + I Ord. No. 826 Page 5 therefor and the work physically commenced within such time (not to exceed sixty days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all circumstances. (ii) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable. (iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order) ; that'all required permits be secured therefor within sixty (60) days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is completed; and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Board of Appeals provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. SECTION 3. Section 203 (d) is amended to read as follows: (di Service of Notice and Order. The notice and order, and any ,L:-'ded or supplemental notice and order, shall be served upon the record owner, and one (1) copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: The holder of any 5 - 78 Ord. No. 826 Page 6 mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The I failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such persons from any duty or obligation imposed on him by the provisions of this Section. SECTION 4. Section 203 (e) is amended to read as follows: (a) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed and addressed to such person at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. SECTION 5. Section 203 (f) is added to read as follows: (f) Proof of Service. Proof of service of the notice and order shall be certified at the time of service by a written declara- tion under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Building Official. SECTION 6. Section 203 (g) is added to read as follows: (g) Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the County Recorder a certificate describ- ing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Building Official shall file a new certificate _ 6 _ Ord. No. 826 79 Page 7 with the County Recorder certifying that the building has been demolished or all -required corrections have been made so that the building is.-no longer dangerous, whichever is appropriate. SECTION 7. Section 203 (h) is added to read as follows: (h) Repair, Vacation and Demolition. 1. Standards to be followed. The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: (i) If the building or structure reasonably can be repaired so that it will no longer exist as a dangerous building, it shall be ordered to be repaired; otherwise it shall be ordered to be demolished. (ii) Not withstanding the foregoing, however, if the building or structure is so damaged, decayed or deteriorated, or is otherwise in such a condition that the cost to repair it so that it will no longer exist as a dangerous building exceeds fifty (50) percent of the current fair market value of the building, as determined by the Riverside County Assessor, it shall be ordered to be demolished, (iii) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 2. Demolition, an Alternate to Repair. An order to demolish shall not indicate an alternative permission to repair; however, an order to repair may be satisfied by demolition. SECTION 8. Section 203 (i) is added to read as follows: (i) Notice to Vacate, 1. Posting. Every notice to vacate shall, in addition to being served as provided in Section 203 (d) , be posted . at or upon each exit of the building, and shall be in substantially the following form: - 7 - 80 Ord. No. 826 Page 8 "DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface III this Notice. Building Official City of Palm Springs" 2, Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Subsection (c) of Section 203, reciting the emergency and specifying the condition which necessitates the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such build- ing under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal has been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code, Any person violating this Subsection shall be guilty of a ` misdemeanor. SECTION 9. Section 204 is amended to read as follows: Section 204: BOARD OF APPEALS SECTION 10. Section 204 (a) is added to read as follows: (a) Creation and Membership Appointment, There is hereby created a Board of Appeals. The Board shall consist of seven (7) members, four (4) of which said members shall be licensed by the State of California in one (1) of the several building trades. All members shall be appointed by the Mayor and confirmed by the City Council. Members shall be dismissed by a majority vote of the City Council. Vacancies shall be filled for the unexpired term of any member in the same manner as the original appointment. SECTION 11. Section 204 (b) is added to read as follows: (b) Organization. The Board shall elect its own chairman who shall serve for one (1) year. All meetings of the Board shall be public and shall be held at the call of the Chairman of the Board. The Board shall keep minutes of the proceedings before it, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Board - 8 I Ord. No. 826 Page 9 shall keep complete records of its official actions upon all proceedings before it, which said records shall be filed in the Building Division. Four (4) members of the Board shall constitute a quorum, and no action shall be taken without the vote of at least four (4) members. All business matters before the Board shall be administered by the Director of Planning and Development or his authorized representative. The Director of Planning and Development shall act as Secretary for the Board and compile the necessary record provided by this Section. SECTION 12. Section 204 (c) is added to read as follows: (c) Jurisdiction of the Board. The Board shall have jurisdic- tion: 1. To grant or deny applications for variance from the regulations and requirements of Chapters 80, . 82, 83 and 85 of Division 8 of the Palm Springs Ordinance Code. 2. To make recommendations to the City Council for the amendment or repeal of existing building construction regulations. 3. To hear appeals concerning Staff interpretation of the requirements of Chapters 80, 82, 83 and 85 of Division 8 of the Palm Springs Ordinance Code. SECTION 13. Section 204 (d) is added to read as follows: (d) Standards for Exercise of Jurisdiction: Variance. 1. The Board shall have jurisdiction to grant applications for variance from the regulations and requirements of this Ordinance provided the Board finds that all of the three (3) following set forth conditions exist: (i) Practical Difficulties. That the strict applica- tion of the provisions of the various building construction provisions of this Ordinance would result in practical difficulties or hardships inconsistent with the purpose and intent of the said building provisions. (ii) Exceptional Circumstances. That there are exceptional circumstances and conditions applicable to the type of construction or property, involved or to the intended use of the property, that do not apply generally to other properties in the same general neighborhood. (iii) Non-Detrimental Effect. That the granting of a variance will not be detrimental to the public - 9 - 82 Ord. No. 826 Page 10 welfare or injurious to persons or property, nor shall the variance be contrary to the intent or objectives of the said building construction ordinances. 2. In granting a variance the Board may impose such I conditions as are necessary to protect the public health, safety, morals or general welfare in accordance with the purpose and intent of this Ordinance. 3. An application for variance or other relief within the jurisdiction of the Board shall be filed with the Building Division upon a form accompanied by such data and information as the Building Division shall prescribe. Upon the filing of said application the Buildin; Division shall set the matter for hearing before the Board and shall give notice of the time and place to the applicant. 4. If the variance granted by the Board or other relief within the jurisdiction of the Board is not used by the applicant within a period of six (6) months from the effective date, or within the same period the conditions attached to the variance or ruling have not been complied with, then the Building Division shall give notice to the record owner of the property affected to appear at a time and place fixed by the Building Division and show cause why the decisions or deter- minations made by the Board should not be repealed or rescinded, as the case may be. After such hearing the Board may revoke the variance or other relief granted. I SECTION 14. Section 204 (a) is added to read as follows: (a) Standards and Procedures for Exercise of Appeal Jurisdiction. 1. General. (i) Form of Appeal. Any person entitled to service under Section 203 (d) may appeal from any notice and order or any action of the Building Official under this Code by filing at the office of the Building Official within thirty (30) days from the date of the service of such order, a written appeal containing: a. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. - 10 - Ord. No. 826 -83 Page 11 b. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. C. A brief statement in ordinary and concise a language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. d. The signatures of all parties named as appellants, and their official mailing addresses. e. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (ii) Processing of Appeal. Upon receipt of any appeal filed pursuant to this Section, the Building Official shall present it at the next regular or special meeting of the Board of Appeals. (iii) Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written I appeal, the Building Official shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. 2. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. 3. Scope of Hearing on Appeal. Except for vacation orders made pursuant to Section 203 (g) , enforcement of any notice and order of the Building Official issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. - 11 - 84 Ord. No. 826 Page 12 SECTION 15. Section 204 (f) is added to read as follows: (f) Procedure for Conduct of Hearing Appeals. 1. Genera].. I (i) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Board. (ii) Reporting. The proceedings at the hearing may also be reported by a reporter if provided and paid for ° by any party thereto. A transcript of the proceed- ings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. (iii) Continuances. The Board may grant continuances for good cause shown. (iv) Oaths - Certification. In any proceedings under this Section, the Board or any board member has the power to administer oaths and affirmations and to certify to official acts. (v) Reasonable Dispatch. The Board and its representa- tives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any I parties or their representatives. 2. Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before the Board of Appeals at on the day of 19 at the hour of —.m. , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you to show cause why the order served upon you should not be carried out." 3. Conduct of Hearing and Decision. (i) Inspection of the Premises. The Board may inspect any building or premises involved in the appeal during 12 - 85 Ord. No. 826 Page 13 the course of the hearing, provided that : I (a) notice of such inspection shall be given to the parties before the inspection is made, and (b) the parties are given an opportunity to be present during the inspection. (ii) Rules. The hearing need not be conducted accord- ing to the technical rules relating to evidence and witnesses, and the Board shall hear and accept all relevant evidence offered by the appellant involved. (iii) Decision. The Board shall, within a reasonable time, (not to exceed fourteen days) render its decision in writing. The decision shall state the reasons therefor, and shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be eleven (11) days from and after the mailing or personal service of said decision. SECTION 16. Section 205 is amended to read as follows : Section 205: APPEAL TO CITY COUNCIL. Within ten (10) days from the date of posting, mailing or personal service of the required notice, the appellant may appeal to the City Council of the City of Palm Springs. At the regular meeting of the City Council not more than thirty (30) days thereafter it shall proceed to hear and pass upon the appeal. The decision of the City Council shall be final. SECTION 17. Section 206 is added to read as follows : Section 206 : ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL, BOARD OF APPEALS, OR CITY COUNCIL. SECTION 18. Section 206 (a) is added to read as follows: (a) Compliance. 1. General. After any order of the Building Official, Board of Appeals or City Council made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. 2. Failure to Obey Order. If, after any order of the Build- ing Official, Board of Appeals or City Council made 13 - 8 Ord. No. 826 Page 14 pursuant to this Code has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under Subsection (a) 1 of this Section or (ii) institute any appropriate action to abate such building as a public I nuisance. 3. Failure to Commence Work. Whenever the required repair or demolition is not commenced within fifteen (15) days after any final notice and order issued under this Code becomes effective: (i) The. Building Official shall cause the building(s) described in such notice and order to be vacated by posting at each entrance thereto a notice reading: "DANGEROUS BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Palm Springs" (ii) No person shall occupy any building which has been posted as specified in this Subsection. No person I shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Official have been completc?d and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code. (iii) The Building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order, or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code, Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons law- fully entitled thereto. 14 - Ord. No. 826 Page 15 SECTION 19. Section 206 (b) is added to read as follows: (b) Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Building Official may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. SECTION 20. Section 206 (c) is added to read as follows: (c) Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demol- ished under the provisions of this Code, or with any person to whom such building has been lawfully sold pursuant to the pro- visions of this Code, whenever such officer, employee, contractor or authorized representative of the City, person having an I interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code. SECTION 21. Section 206 (d) is added to read as follows: (d) Performance of Work of Repair or Demolition. When any work of repair or demolition is to be done pursuant c'o Section 206 (a) 3 of this Code, the work shall be accomplished by City personnel or by private contract under the direction of the Building Official. Plans and specifications therefor may be prepared by said Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably neces- sary. If any part of the work is to be accomplished by private contract, Standard Public Works contractural procedures shall be followed. SECTION 22. Section 206 (e) is added to read as follows: (a) Costs. The cost of such work shall be paid from the Nuisance Abatement Account, and may be made a special assessment against the property involved, or may be made a personal obligation of the - 15 - Ord. No. 826 Page 16 property owner, or may be paid out of City funds, whichever the City Council shall determine is appropriate. In addition to the cost of such work performed, an additional administrative cost shall be added. The administrative cost shall be determined by the Department of Planning and Development. I SECTION 23. Section 206 (f) is added to read as follows: M Mal-nmliunee of Aceoulat, The Council may at any time transfer to the Nuisance Abatement Account, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work, of repair or demolition. SECTION 24. Section 207 is added to read as follows: Section 207: RECOVERY OF COST OF REPAIR OR DEMOLITION. SECTION 25. Section 207 (a) is added to read as follows: (a) Account of Expense, Filing of Report: Contents. The Build- ing Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of this Code. Upon the comple- tion of the work of repair or demolition, said Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 203 (d) . I SECTION 26. Section 207 (b) is added to read as follows: (b) Report Transmitted to Council - Set for Hearing. Upon receipt of said report, the City Clerk shall fix a time, date and place for hearing said report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the County, if such so appears, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour and place when the Council will hear and pass upon the Building Official's -report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. In the event the City Council determines to pay said costs out of City funds, the provisions of this section may be waived. 16 - 89 Ord. No. 826 Page 17 SECTION 27. Section 207 (c) is added to read as follows: (c) Protest and Objections - How Made_. Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof: is interested and the grounds of such protest or objection. The City Clerk shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. SECTION 28. Section 207 (d) is added to read as follows: (d) Hearing of Protests. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Building Official together with any such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. I SECTION 29. Section 207 (e) is added to read as follows: (e) Resolution Assessing Lien. The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted or as modified or corrected. The amounts so approved shall be liens upon the respective lots or premises. The City Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, before the determination that a public nuisance exists. SECTION 30. Section 207 (f) is added to read as follows: (f) Recording. The City Clerk shall prepare and file with the County Auditor of the County of Riverside a certified copy of the said resolution of the City Council. - 17 - 90 Ord. No. 826 Page 18 SECTION 31. Section 207 (g) is added to read as follows: (g) Payment. The City Treasurer of the City of Palm Springs may accept payment of any amount due at any time prior to the City Council hearing, as provided hereinabove. SECTION 32. Section 207 (h) is added to read as follows: I (h) Assessment and Collection. The provisions of Section 38773.5 and 39580 to 39585, inclusive, of the Government Code, as they exist and as they may be subsequently amended, are incorporated by reference and made a part of this Section. The County Auditor shall enter each assessment in the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner for ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as is provided for ordinary municipal taxes. SECTION 5. A new Section 801.5 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: 801.5 PALM SPRINGS HOUSING CODE. Pursuant to the provisions of Sections 50022.1 et seq. , of the Government Code of the State of California, the Uniform Building Code, 1967 Edition, Volume III, Housing, promulgated by the International Conference of Building Officials, is hereby adopted by reference, and said Code, together with additions or deletions thereto which shall be set forth in this Article, shall be known as the "PALM SPRINTGS HOUSING CODE" in any prosecution for violation of any provisions thereof or otherwise. It shall be sufficient to designate any ordinance adding to, amending or repealing this Section 801. 5, or any part thereof, as an addition or amendment or repeal of the "PALM SPRINGS HOUSING CODE," or any part thereof, SECTIONT 6. Ordinance No. 570, adopted by the City Council of the City of Palm Springs on the 12th day of September, 1962, which adopted the Uniform Housing Code, 1961 Edition, is hereby repealed. S CTICN 7. Article 803 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby repealed. SECTION 8, A new Article 803 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 803 PLUMBING 803 .1 "PALM SPRINGS PLUMBING CODE" Pursuant to the provisions of Sections 50022.1 et seq, of the Government Code of the State of California, the Uniform Plumbing - 18 - I 0 - - - 9 ji Ord. No. 826 Page 19 Code, 1967 Edition, promulgated by the "Int"ernaLonal Association of Plumbing and Mechanical Officials" is hereby adopted by reference, and said Code, together with the additions and deletions hereinafter set forth in this Article, shall be known as the "PALM SPRINGS PLUMBING CODE" and it shall be sufficient to refer to this new Article 803 as the "PALM SPRINGS PLUMBING CODE" in any prosecution for violation of any provisions thereof or otherwise. It shall be sufficient to designate any ordinance adding to, amending or repealing this Article 803 or any part thereof, as an addition to, amendment or repeal of the "PALM SPRINGS PLUMBING CODE," or any part thereof. 803.2 ADDITIONAL REGULATIONS TO THOSE PROVIDED BY THE UNIFORM PLUMBING CODE ADOPTED BY REFERENCE HEREIN. Delete Section 1.2 of the 1967 Uniform Plumbing Code. Delete Sections 2.1 through 2.11 of the 1967 Uniform Plumbing Code. Amend Table 4-1 to add: Residential Garbage Disposal 6 Fixture Units Commercial Garbage Disposal 12 Fixture Units Add new paragraph (j) to Section 406 to read as follows: (j) Where cement slab floors are used and sanitary plumbing is placed beneath such floors, the clean out for the sanitary plumbing shall be extended through an outside wall or founda- tion, if the sanitary plumbing terminates within four (4) feet of an outside wall. Amend Section 1003 (h) to read as follows: LAWN SPRINKLING AND IRRIGATION SYSTEMS shall be equipped with approved vacuum breaker devices installed as follows: Where any control valve is installed in the system, an approved atmospheric vacuum breaker shall be installed on the discharge side of the control valve and shall be at least six (6) inches above the level of the highest outlet that it serves. EXCEPTIONS 1. Where control valves or controlled heads are desired on the discharge side of a vacuum breaker device, they may be so installed provided that the vacuum breaker device is an approved pressure type and is installed in the main or pressure line of the system at least twelve (12) inches above the level of the highest outlet. 19 - 32 Ord. No. 826 Page 20 2 . When an approved "Reduced Pressure Principle" backflow prevention device is installed in the main or pressure line of the system at least twelve (12) inches above the surrounding grade, control valves and outlets may he installed on the discharge side at any grade height . Amend Section 1101 (d) to read as follows: (d) The public sewer I may be considered as not being available when such public sewer is located more than one hundred (100) feet from the subject premises, except: 1. Where there is no further space upon the property for the installation of another private sewage disposal system. 2 . Where, in the opinion of the Plumbing Inspector, there is a present danger of the existing disposal system overflowing, or that a health hazard already exists. Amend Section 1110 (a) to read as follows: (a) Except as pro- vided in Subsection (b) of this section, no building sewer or private sewage disposal system or parts thereof, shall be located in any lot other than the lot which is the site of the building or structure served by such sewer or private sewage disposal system; nor shall any building sewer or private sewage disposal system or part thereof be located at any point having less than the minimum distances indicated in Table 11-1 . In addition, all septic tank and cesspool installations shall be located in the front portion of the lot, that is between the front of the build- ing and the street line. The Chief Building Inspector is expressly empowered to permit septic tank and cesspool installa- tions other than in the front lot area if health or safety I conditions make such place necessary. PENALTIES: A violation of any of the regulations of the "Palm Springs Plumbing Code" shall be a misdemeanor, and the offender shall be subject to the penalties provided for in Section 0313 of the "Palm Springs Ordinance Code." SECTION 9. NOTICE OF HEARING. The City Council, in accordance with provisions of Government Code Sections 50022 .1 et seq. , does hereby give notice that a public hearing will be held in the Council Chamber, 3200 Tahquitz-McCallum Way, in said City, on October 7, 1968 , at 7:30 p.m. , to consider the adoption of the Uniform Building Code, 1967 Edition, Volumes I and III (Housing) , the Uniform Mechanical Code, 1967 Edition, and the Uniform Plumbing Code, 1967 Edition. Copies of said Codes are on file in the office of the City Clerk of the City of Palm Springs, and are open to public inspection. Pursuant to provisions of Section 6066 of the Government Code of the State of California, the City Clerk is hereby directed to cause this Notice of Hearing to be published once a week for two (2) successive 0 - 20 - - ------ -- -- 9'3 Ord. No. 826 Page 21 weeks in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. I SECTION 10. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 11, PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 29th day of October , 1968. Ayes: Councilmen McCoubrey, Pitts and Mayor pro tem Foster Noes: None Absent: Councilman Selig and Mayor Wiefels ATTEST: F. D. ALESHIRE CITY OF PALM RINGS, CALIFORNIA City Clerk By Deputy City Clerk Mayor pro tem I APPROVED AS TO FORM CONTENTS APPROVED City Attorney / Date Date ��- �' - ec") I hereby certify that the foregoing Ordinance No. 826 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November. 6, 1968. Dated this 7th day of November, 1968. W� De -2Z. �t-�_- DITH SUMICHp 21 - uty City Clerk 94 I hereby certify that the foregoing Ordinance No. 826 was duly adopted by the City Cuuncil of the City of Palm Springs in a meeting thereof held on the 29th day of October, 1968. Dated this 7th day of November, 1968. I F. D. ALESHIRE ty Clerk \ y: JUDITH SUMICH Deputy City Clerk I 95 ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ARTICLES 802 , 806, 808 AND 809, OF CHAPTER 80, OF DIVISION 8, OF THE PALM SPRINGS ORDINANCE CODE, CONCERNING FIRE ZONES, SWIMMING POOLS, AND BOARD OF APPEALS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Article 802 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby repealed. SECTION 2 . A new Article 802 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 802 FIRE ZONES 8021. ESTABLISHING OF FIRE ZONES. The following zones are hereby established in accordance with the provisions of Section 1601 of the Palm Springs Building Code: 8022 . FIRE ZONE NO. 2 shall comprise all that portion of the City described as follows: I All of zones or districts C-1, C-2, C-D-N, C-lAA and P as from time to time fixed and established under the Zoning Ordinance of the City of Palm Springs, as amended. 8023. FIRE ZONE NO. 3 shall comprise all that portion of the City described as follows: All portions of said City of Palm Springs not included within Fire Zone No. 2 as indicated in Section 8022 . SECTION 3. Section 806 .6 of Article 806 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby amended to read as follows: 806.6 FEES. Fees for pool permits shall be based on the valuation of the pool as set forth in Section 303 of the Palm Springs Building Code, plus an inspection fee of ten dollars ($10.00) . All construction or work for which a permit is required shall be subject to inspection by the City Building Inspector. I 4-D 96" Ord. No. 827 Page 2 SECTION 4. Section 808.6 of Article 808 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby amended to read as follows: 808.6 CONCRETE CONSTRUCTION. Reinforced concrete construction of pool walls and floor shall conform to Chapter 26 of the I 1967 Uniform Building Code as adopted in the Palm Springs Building Code. SECTION 5 . Article 809 (Board of Appeals) of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby repealed. SECTION 6 . EFFECTIVE DATE, This Ordinance shall be in full force and effective thrity (30) days after passage. SECTION 7 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 29th day of October 1968 . Ayes: Councilmen McCoubrey, Pitts and Mayor pro tem Foster Noes: None Absent: Councilman Selig and Mayor Wiefels ATTEST: I F. D . ALSHIRE CITY OF PALM SPRINGS, CALIFORNIA City Clerk Deputy City Clerk "Mayoro tem APPROVED �AS• TO FORM CONTENTS APPROVED City Attorney Date /(p , 3 6O Date I hereby certify that the foregoing Ordinance No. 82:7 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November 6, 1968. Dated this 7th day of November, 1968. 1 �- ITH SUMICH i puty City Clerk 4-D I hereby certify that the foregoing Ordinance No. 827 was duly adopted by the City Council of the City of Palm Springs in a meeting held on the 29th day of October, 1968. Dated this 7th day of November, 1968. F. D. ALESHIRE Cit Clerk y: JUDITH SUMICH Deputy City Clerk I I 9 ORDINANCE NO. 828 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SEC. 224-G OF THE PALM SPRINGS ORDINANCE CODE, REGULATING FORTUNETELLING, SPIRITISM AND RELATED ACTIVITIES, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 224-G of the Palm Springs Ordinance Code is hereby amended to read as follows : 224-G FORTUNE TELLING, SPIRITISM AND RELATED ACTIVITIES. No person shall practice or solicit, advertise or purport to practice, as a business or for any consideration, fee, donation, gratuity, reward or compensation, any art or calling which seeks or purports to predict or foretell future events or the fate or future acts or fortunes of any nation, business, group or persons or individual, or which attempts or promises to bring about, cause, result in or influence the achievement or performance of some personal or economic objective, by analysis of parts, products or personal characteristics of a person, or by analysis of any animate or inanimate object including but not limited to, celestial body, crystal ball., tea leaves, or playing or other cards, or through the exercise of any purported psychic, mediumistic, prophetic, occult, clairvoyant or supernatural power. 1 224-G-1 No person shall act or solicit, advertise or purport to act as a Ibusiness or for any consideration, fee, donation, gratuity, reward or compensation, as a medium or instrumentality for communication with the spirit of a deceased person or participate in the purported manifestation or materialization of supernatural or mediumistic phenomena. 224-G-2 EXCEPTIONS. This ordinance shall not apply to or prohibit, any religious service, ceremony, practice, or treatment, or the performance by any licensed person of the acts and practices ususal to his calling or profession, or the performance of any of the acts and practices otherwise pro- hibited by this ordinance when done for the entertainment and amuse- ment of a group of 12 or more persons . 224-G-3 VIOLATION. A violation of this ordinance is a misdemeanor punishable by fine of not more than $500, or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. I 15-B y8 Ordinance. No. 828 Page 2 SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. Adopted this 29th day of October 1968 AYES: Councilmen McCoubrey, Pitts and Mayor pro tem Foster NOES: None ABSENT: Councilman Selig and Mayor Wiefels ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Cleric By De�pu y City Clerk yor pro tem APPROVED AS TO FORM: CONTENTS APPROVED; By 'G''i ty Attorney i Date in Date I hereby certify that the foregoing Ordinance No. 828 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated inthe City of Palm Sprirg s, California, on November 6, 1968. Dated this 7th day of November, 1968. UDITH SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 828 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 29th day of October, 1968. Dated this 7th day of November, 1968. F. D. ALESHIRE Cit Clerk y; JUDITH SUMICH Deputy City Clerk 15 ORDINANCE NO. 829 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8152.05 OF DIVISION 8 OF THE PALM SPRINGS ORDINANCE ICODE CONCERNING "SUMMER RATE" SIGNS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8152.05 of Division 8 of the Palm Springs Ordinance Code is hereby amended as follows: 8152.05 "SUMMER RATE" SIGNS. Signs stating "Summer Rates" shall be allowed from June 15 through September 30 of each year . Such signs shall not exceed two (2) square feet and the letters contained therein shall not exceed five (5) inches in height . These signs shall be designed and located so that they are made an integral part of the principal sign. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effective thirty (30) days after passage. SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. IAdopted this 18th day of November 1968. AYES: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: F. D. ALESHIRE CITY OF PALM SPRINGS, CALIFORNIA City G e k y Deputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED i c� C/ity Atto7rry y/ //�� Date `� "� �L L Date /c - 23-6$ I I hereby certify that the foregoing Ordinance No. 829 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California on November 22, 1968. Dated this 25th day of November, 1968. )JUDITH SUMICH L,: Deputy City Clerk 3-C I hereby certify that the foregoing Ordinance No. 829 was duly adopted by the City Council of the City of Palm Springs I in a meeting thereof held on the 18th day of November, 1968. Dated this 25th day of November, 1968. F. D. ALESHIRE City Clerk NDITH SUM Deputy City C y: lerkk I I_ 101 ORDINANCE NO. 830 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 6242. TO EXTEND lZONE TWO (2-HOUR ZONE) ON PALM CANYON DRIVE 1 — — — — — — — — — — — — THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6242. of Division 6 of the Palm Springs Ordinance Code is hereby amended to read as follows: 6242. ZONE 2(G=HOUR ZONE) : PALM CANYON DRIVE. Both sides of Palm Canyon Drive from Alejo Road to Arenas Road except the west side from Andreas Road to Tahquitz- McCallum Way. Also the west side of Palm Canyon Drive from Merito Place to E1 Alameda. SECTION 2. EFFEC'TIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and cir- culated in the City of Palm Springs, California. IADOPTED THIS 18th day of November 1968 AYES: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City Clerk n De/uty City Clerk Mayor G APPROVED AS TO FORM: C ENTS APPROVED: City Attorney Date:_ 00 -17.2- /6 Date: I I hereby certify that the foregoing Ordinance No. 830 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November 22, 1968. Dated this 25th day of November, 1968. UDITH SUMICII GG Deputy City Clerk 12-B 102 I hereby certify that the foregoing Ordinance No. 830 was duly adopted by the City Council of the City of Palm Springs I in a meeting thereof held on the 18th day of November , 1968. Dated this 25th day of November, 1968. F. D. ALESHIRE City Clerk y: JUDITH SUMICII Deputy City Clerk I I i �._, aLv. ORDINANCE NO. 831 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, I AMENDING ARTICLE 294 OF DIVISION 2 OF THE PALM SPRINGS ORDINANCE CODE BY REVISING REGISTRATION REQUIREMENTS FOR CERTAIN CLASSES OF EMPLOYEES WITHIN THE CITY OF PALM SPRINGS. ------------ THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article 294 of Division 2 of the Palm Springs Ordinance Code is hereby amended to read as follows: 2940. INTENT AND PURPOSE. The provisions of this Article intend to cover temporary and itinerant classes of employees and the purpose for the regu- lations hereunder is to protect the visitors and resi- dents of this resort community from crime and loss both against the person and against property. Be- cause of the nature and structure of this City, law enforcement must be given the tools to combat the increased crime threat growing out of an ever chang- ing population complex. it is not the intent of this Ordinance to invade the privacy or individual rights I of employees within the City beyond what is necessary to preserve the health, safety and general welfare of the City's inhabitants and visitors. 2941. EMPLOYEE. In this Article "employee" shall mean any person employed for the following purposes, in- cluding any self-employed person, pursuing his em- ployment in or about the premises hereinafter re- ferred to and with the consent of the management: hotel, apartment house, nightclub or restaurant em- ployees, domestic help or gardeners, gasoline service station employees, car wash employees, golf caddies, bus drivers, taxicab drivers, on-sale bartenders, off- sale liquor store employees and employees of stores selling alcoholic beverages wherein the said sale of alcoholic beverages is not the sole activity of the establishment, control service employees, pool main- tenance employees, drug store or drug department em- ployees, horse stable and riding academy employees, massage employees, reducing salon employees, operators and employees of bridge clubs, operators and employees of dance studios, night watchmen and caretakers and building maintenance employees. 2942. REGISTRATION FEE AND EMPLOYEES REGISTERING PURSUANT TO THE REQUIREMENTS OF THIS ARTICLE. A charge of One Dollar ($1. 00) for registration of em- ployees shall be made for every employee covered here- under together with a charge of One Dollar ($1. 00) for supplying a duplicate card. Should the employee lose the registration card issued hereunder a charge of One Dol- lar ($1. 00) for each renewal card shall be made. 104 Ord. No. 831 Page 2 2943. REGISTRATION WITH THE POLICE CHIEF. Every employee, as herein defined, and in- cluded, shall, within forty-eight (48) hours after the commencement of his duties of em- ployment, register with the Chief of Police of the City of Palm Springs. 2944. DUTY TO TAKE, DISTRIBUTE FINGERPRINTS. The Chief of Police, pursuant to Section 2943, shall fingerprint each employee covered here- under and forward one set of fingerprint cards to the Bureau of Criminal Identification and Investigation of the State of California, and one set of fingerprint cards to the Federal Bureau of Investigation. 2945. OTHER REQUIRED INFORMATION. The Chief of Police shall further ascertain and record the following information: name, age, local resi- dence, permanent residence, personal descrip- tion, nearest relative or friend and the address of same, and the last place of employment. 2946. ISSUANCE OF IDENTIFICATION CARDS. The Chief of Police shall issue to each registered employee an identification card showing the name of the registrant and a statement of com- pliance with the provisions of this Article. I 2947. CARRYING OF REGISTRATION CARD. The registration card issued pursuant to Section 2946 shall be carried on the person of the registrant at all times during the period of the validity of the said registration card or during employment with the City of Palm Springs, whichever time be the shorter. Any employee knowingly and wilfully refusing to register, as required hereunder, may be taken into custody by the Police Department of the City of Palm Springs for the period of time necessary to accomplish such registration. No registration card issued to an employee shall be valid after five (5) years from the date of issuance; and the said employee shall re- register with the Chief of Police as hereinafter pro- vided, at the time of expiration of the validity of the registration card, provided the said employee re- mains employed within the City of Palm Springs. 2948. RE-REGISTRATION OF EMPLOYEE. The registra- tion card issued to an employee shall be valid for a period of five (5) years from the date of issuance; and the said employee shall re-register with the Chief of Police as herein provided at the time of expiration of the validity of the registration card provided the I employee remains employed within the City of Palm Springs. 1Q:5 Ord. No. 831 Page 3 2949. DISPLAY OF ORDINANCE REQUIREMENTS BY EMPLOYERS. The Chief of Police shall prepare a brief of the employee requirements of this Article, and shall supply all employers, upon re- I quest, with a copy of the same. A brief of em- ployee requirements shall be displayed at a con- spicuous place on the premises by the employer. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be'published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. Adopted this 18th day of November 1968 Ayes: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels Noes: None Absent: Councilman Selig ATTEST: CITY OF PALM SPRINGS, F. D. ALESHIRE CALIFORNIA City Clerk Deputy City Cierk Tvlayor ' APPROVED AS TO FORM: CONTENTS APPROVED: fiL-C Date 42 — 0 — Date I hereby certify that the foregoing Ordinance No. 831 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November 22, 1968. Dated this 25th day of November, 1968. i y/J ' UDITH SUMICH �� Deputy City Clerk 100, I hereby certify that the foregoing Ordinance No. 831 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 18th day of November, 1968. Dated this 25th day of November, 1968. I F. D. ALESHIRE . y Clerk By: JUDITH SUMICH Deputy City Clerk I I 107 ORDINANCE NO. 832 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 47- TO THE PALM SPRINGS ORDINANCE CODE, PROHIBITING CAMPING ON PUBLIC OR PRIVATE PROPERTY WITHOUT A PERMIT AND PROPER AUTHORIZATION FROM THE OWNER. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWSo SECTION 1, New Chapter 47 of Division 4 of the Palm Springs Ordinance Code is hereby added to read as follows: CHAPTER 47 ARTICLE 470 4700.00 DEFINITIONS. The following definitions are applicable to this Ordinance. 4700. 1 "Minor child" shall mean any person less than eighteen (18) years of aged 4700.2 "Adult" shall mean any comptet:ent person over eighteen (18) years of age. 4700.3 "Public property" shall mean any property owned by or in the possession of the United States Government, the. State of California, or any political subdivision thereof. 4700.4 "Private property" shall mean any property other than public property as defined herein. 4700.5 "Camp" shall mean cooking, sleeping or habitating out-of- doors or in other than a permanent structure during the hours between sundown and sunup. 4701.00 CAMPING REQUIREMENTS FOR MINOR CHILD WITHIN THE CITY LIMITS OF THE CITY OF PALM SPRINGS. No minor child shall camp on any public or private property within the City limits of the City of Palm Springs unless accompanied by an adult and with the authorization of the private property owner or person in charge thereof, and a permit from the Chief of Police of the City of Palm Springs . 4702.00 CAMPING REQUIREMENTS FOR ADULT. No adult shall camp on private or public property within the City limits of the City of Palm Springs except with the authorization of the private property owner and a permit from the Chief of Police of the City of Palm Springs. 4703.00 POWERS AND DUTIES OF CHIEF OF POLICE. Upon application for a permit to camp, the Chief of Police of the City of Palm Springs shall issue the same if, after investigation, he shall ascertain that the camping requested will not be dangerous to other persons, private or public property, and that the requirements of the Ordinance shall be met, 8 A 1_08 Ord. No. 832 Page 2 4704.00 VIOLATIONS. Any person who violates any provisions of this Chapter shall be subject to the criminal penalties and sanctions provided in Sections 0311 and 0314 of the Palm Springs Ordinance Code. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the. City of Palm Springs, California. Adopted this 18th day of November 1968. AYES: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilman Selig ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City C erk � Deputy City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVED: By � � City Attorney Date 11-18-68 Date 11-18-68 I hereby certify that the foregoing Ordinance No. 832 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on November 22, 1968. Dated this 25th day of November, 1968, l � JJ DITH SUMICH (� I . eputy City Clerk I hereby certify that the foregoing Ordinance No. 832 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 18th day of November, 1968. Dated this 25th day of November, 1968. D. ALESHIRE City Clerk By: JUDITH SUMICH Deputy City Clerk ?)' 9 ORDINANCE NO. 833 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, I AMENDING SECTION 6123 OF THE PALM SPRINGS ORDINANCE CODE PROHIBITING LOITERING UPON ANY STREET OR SIDE - WALK OR OTHER PUBLIC WAY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6123 of the Palm Springs Ordinance Code is hereby amended to read as follows: 6123. LOITERING; OBSTRUCTING TRAFFIC. It shall be unlawful for any person to stand upon any street, sidewalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon, or so as to obstruct or unreasonably inter- fere with the free passage of pedestrians, motor vehicles, or other modes of travel. No person shall sit, lie or sleep upon any street, sidewalk or other public way. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any I parade permitted under the provisions of the Palm Springs Ordinance Code; , nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purposes by municipal authority. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed,, published and circulated in the City of Palm Springs, California. Adopted this 18th day of November 1968 Ayes: Councilmen Foster, McCoubrey, Pitts and Mayor Wiefels Noes: None Absent: Councilman Selig ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE I City Clerk By-,/_ (Y PD�uty City C er Mayor APPROVED AS TO FORM: CONTENTS APPROVED: CJ City orney —� Date �2 — 3 _ Date 9-B Ord. No. 833 Page 2 I hereby certify that the foregoing Ordinance No. 833 was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on I November 22, 1968. Dated this 25th day of November, 1968. r `JUDITH �UMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 833 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 18th day of November, 1968. Dated this 25th day of November, 1968. F. D. ALESHIRE Cit Clerk y: JUDITH SUMICH I Deputy City Clerk ORDINANCE NO. 834 . AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 64 TO THE PALM SPRINGS ORDINANCE CODE PROVIDING FOR PARKING ON THE PALM SPRINGS MUNICIPAL I AIRPORT AND THE REGULATION AND USE THEREOF BY MOTOR VEHICLES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 64 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 640 GENERAL 6400. MUNICIPAL AIRPORT LOT NO. 3. Municipal Air- port Lot No. 3 is hereby created on the Palm Springs Municipal Airport, as shown on the sketch attached hereto as Exhibit "A". 6400. 1 METER PARKING. The area designated on the at- tached Exhibit "A" as "Metered Parking" shall con- form to the provisions of Chapter 62 of the Palm Springs Ordinance Code, provided that Sections 6213 and 6261 of the Palm Springs Ordinance Code shall I not apply, and the maximum parking time for any vehicle shall be one (1) hour for such hours and days as shall be prescribed by the City Traffic Engineer. 6400. 2 RESTRICTED PARKING FOR CAR, RENTAL CON- CESSIONAIRE. The area designated on the attached 'Exhibit "A" as "Car Rental" shall not be available for public parking and shall be restricted to use as car rental parking areas. 6460. 3 EMPLOYEE PARKING AREA. The area designated on the attached Exhibit "A" as "Employee Parking" shall not be available for public parking and shall be restricted to use for employee parking in authorized vehicles only. 6401: AGENCY PARKING. _ The area designated on the at- tached Exhibit "A" as "Agency Parking" is subject to an agency agreement between the City and an operating agency under which the responsibility for operating the area and the control of said area vests in the agency and is not subject to the provisions of this Chapter. 6402. PROHIBITED PARKING AND STOPPING ON ACCESS ROAD.. The area designated on the attached Exhibit "A" as "Access Road" shall not be available for the stopping or parking of vehicles, except as otherwise authorized by the Palm Springs Airport Director. 6403. PROHIBITED DRIVING AND PARKING AREAS. Those areas designated on the attached Exhibit "B" as Run- way", "Aviation" and "Aircraft Maintenance" shall not be used for motor vehicle driving, storage or parking areas, or for any other than an authorized Airport use as designated and defined by the Airport Director. 7 1 1' �1 Ord. No. 834 Page 2- 6404. ENFORCEMENT. It shall be the duty of each Police Officer employed by the City of Palm Springs, and the Airport Director, or his designated representa- tive, to issue a parking citation for any vehicle parked in violation of Chapter 64 of the Palm Springs Ordinance Code. Said citation shall include the following informa- tion: The nature of the violation; the State vehicle I license number of the vehicle involved; the time and date of the violation; the make of the vehicle, and any other information necessary to properly identify the vehicle and the violation. 6405. AUTHORITY TO TOW AWAY UNAUTHORIZED VEhiICLES. In addition to the enforcement provisions set forth in See- tion 6404 of the Palm Springs Ordinance Code, the Palm Springs Police Department, and the Airport Director for the City of Palm Springs, are hereby authorized to tow away any vehicle found to be in violation of any restric- tion, requirement or prohibition set forth in Article 640 of the Palm Springs Ordinance Code. When a vehicle is towed away the reasonable cost for such service shall become a lien on said vehicle, and the person, or persons, providing said towing service may impound said vehicle until such time as the cost of the towing service has been paid. 6406. MAXIMUM PENALTY FOR VIOLATION OF SECTION 6403. Any person, or persons, violating the provisions of Section 6403 of the Palm Springs Ordinance Code shall, upon conviction thereof, pay 'a maximum penalty of Five Hundred Dollars ($500) fine or six (6) months imprison- I ment in the County Jail, or both. SECTION 3. . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circu- lation, printed, published and circulated in the City of Palm Springs, Calif- ornia. " Adopted this 26tiday of November 19 68 Ayes: Councilmen Foster, McCoubrey and Mayor Wiefels Noes: None Absent: Councilman Pitts ATTEST: : CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City. Clerk 41 I By- ,r - \ ep - y ity er c ' ayorr i •APPROVED AS TO FORM: CE TTS APP OV —CityAttorneiy / Date��� /.S= Date 11-B EXHIBIT A TO ARTICLE 640 m PALM SPRINGS ORDINANCE CODE 0 ro on \ o P4 MUNIC 0 � �� UtCIPAL LOT NO. 3 / \ Ck�`R RE AL ( � � �'�> OAF � PARKING AREA PARKgCT`ARE . 3 // \ W METERED PARKING AREA 'wU11af( /1,11ll1llIllll1tr (J 1llW RF'FUTTTTTTI U \JT1ll1T1TuFFMTHIL AGENCY PARKING ((ill LlL'1L L1LUuurf\\ nilll11 ML11ll1L1Lf� U' T1IMFU1TMT uu TPgiIJ1PTITTTU ,Lauu1Lu L il U1 ll ll p 900 �� FS � S yy /p O .,.. 4G� 090 o P / ��1 I rr;' �,s.11 _ p . - SITE RAN 7� < / \ / AREA lIAN •• �•w - LEALAa SPRIWGS AIRPORT T E R M I W A L 114 Ord. No. -834 Page 4 I r �t, t npp rC�f�r ' unto fro '(� f'r �C 1 .ti v f qy,�y.. d'".u`CFr1'. I tl 1 r 1 5 k 4 r II I r r � t �� '.Y fJ '• 'ter '' � � ti � I `• { \i 11 �r r { yl r� Iv k 4� a we r ' t ;+ _ / tr 1 I "�I`°ti � "( SUS t 7' � sl � +' - - � � �A I - h 1j I j Z Grp i V r r Y• H IL i t r a i yd l v .r �. t �-...�A _A IYA AA r ld �Tv' � �i 1 �� � n. A•� I�, •t � r 1' .�' ' t �Y •EtI t JLr,{ v rl Ji�r•a. f 4 fit. 1 ' ' � ` \\� r J / ny ,ti5 ��Vrr "'"s II". �I� �.d...tti •�',�til t4� `+ J� ' t . �,r L � I't fu(�t 1 f f s �,.,� N .j�(�li 1`J�(�11',.i 1��+�i,:kh l^^3•ctn "J' k i•�,^' r to r�! If it I '' r�rt r711e (jjtAl Et knit� r .,-ti . �� �, f rl P ILIhr rl li, ._ _ _._.�}:4.�..�1.a.1Y'}.:JIL.L➢.:��.I1_.'.CL�L1r�fc.udlL[.r_�I:�,.itaa.uf.iklYr,.•.�,.+..L�.'.,:a IIC .. .,_.'.II�L`�').1+T�.p�t.�f't.s.tJ,_.:.wtS.v�'.2+�. e....�.....__ EXHIBIT D 10 AR I ICLE 640 PALM SPRINGS ORDINANCE CODE Ord. No. 834 Page 5 I hereby certify that the foregoing Ordinance No. 834 was I duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 26th day of November, 1968, and that same was published in THE DESERT SUN, a. newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on December 5, 1968, Dated this 6th day of December, 1968. F. D. ALESHIRE City Clerk By: JUDITH SUMICH t,/ Deputy City Clerk I Lti ORDINANCE NO. 835 1 AN' ORDINANCE! OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 62, ARTICLE 621 OF THE PALM SPRINGS ORDINANCE CODE BY ADDING THERETO SECTION 6211. 3 TO PROVIDE FOR A METERED PARKING ZONE AT THE PALM SPRINGS MUNICIPAL AIRPORT. ---------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article 621 of Chapter 62 of the Palm Springs Ordinance Code is hereby amended by adding Section 6211. 3. 6211. 3 ZONE 1 (1-HOUR ZONE): MUNICIPAL AIRPORT LOT NO. 3 as shown on the sketch attached hereto and incorporated herein as Exhibit "A", and as authorized by Article 640 of the Palm Springs Ordinance Code. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PJUBLICATTON. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily news- paper of general circulation, printed, published and circulated in the City of Palm Springs, California. Adopted this 26thday of November 19 68 Ayes: Councilmen Foster, McCoubrey and Mayor Wiefels Noes: None Absent: Councilman Pitts ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk By. Deputy City Clerk ayor APPROVED AS TO FORM: COTS APPROVED: r t rney IDate Date - I hereby certify that the foregoing Ordinance No. 835, was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on December 5, 1968. Dated this 6th day of December, 1968. -- JUDITH SUMICH Deputy City Clerk 11 C E',',CI 1 I SIT A TO AP T IOLE7G41-O PAUd SPRINGS ORDINANCE CODE MUN!CIpff-1, `,LOT`UNO� �/~ �� P �;ICIPAL LOT iUO. 3 \ C/-P PEfJ t�L��L � (� �� (.;1. LO�� PARKING AREA P:-��iiCC,1 .� �A l'i L�7 .�/ MUNICIPAL LOT NO. 3 \ yy` METERED PARKING AREA III I I l l l IllLr ll1f� /L Ull llll11� / / UTTfi R1 T TIV �T.-117nTUTTTIIU `1 AGENCY PARKI iVG \ C(�111fillLL' n/1 T1flL1 llFHJ ll1i�ITUfT1T�� �JTTTP TT�fii`;TITTTTl� 9c L ll LflliL i ll aPq nF _ Q- ss O9O L _ ___ � SITL PLAN - 1 AIIEA FLAN = m - 6 L-1 �lri B- RYJ 0 S 11 I R P 0 R 1 A E R, BUN I H A L O w o0 I hereby certify that the foregoing Ordinance No, 835 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 26th day of November, 1968. Dated this 6th day of December, 1968. F. D. ALESHIRE City Clerk ADBITH SUMICH Deputy City Clerk I ORDINANCE NO. 836 I AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 617-B2-3 (1) OF THE PALM SPRINGS ORDINANCE CODE, ADDING THE PALM SPRINGS MUNICIPAL AIRPORT PROPERTY WITHIN THE TWENTY-FOUR (24) HOUR APPLICATION OF THE LOADING ZONE RESTRICTIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 617-B2-3 (1) of the Palm Springs Ordinance Code is hereby amended to read as follows: 617-132-3 (1) When such zone is in front of a, hotel or in front of a mailbox or on the Palm Springs Municipal Airport property the restrictions shall apply at all times. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper I of general circulation, printed, published and circulated in the City of Palm Springs, California. Adopted this 26thday of November 1968 Ayes: Councilmen Foster, McCoubrey and Mayor Wiefels Noes: None Absent: Councilman Pitts ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City C1erk� a By, Deputy City Clerk mayor APPROVED AS TO FORM: ,, _ONT NTS A ,PR E ity Attorney Date 4-1— /l� ^ Gam, Date 3 — I hereby certify that the foregoing Ordinance No. 836, was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on December 5, 1968. Dated this 6th day of December, 1968. JUDITH SUMICII Deputy City Clerk 11 D 1LI-10 I hereby certify that the foregoing Ordinance No. 836 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 26th day of November, 1968. I Dated this 6th day of December, 1968. F. D. ALESHIRE City Clerk 1 N By: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 837 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 8310.00 AND 8311.00 OF CHAPTER 83 OF THE PALM SPRINGS ORDINANCE CODE CONCERNING ANTENNAS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN I AS FOLLOWS: SECTION 1. Section 8310.00 of Chapter 83, of Division 8, of the Palm Springs Ordinance Code is hereby amended to read as follows : PLANS AND PERMIT. It shall be unlawful for any person to erect or cause to be erected within the City of Palm Springs any antenna without first submitting plans for such antenna to the Director of Planning and Development for approval. The Director of Planning and Development shall be guided by the following standards in the approval of the antenna plans: (1) In no event shall any antenna, except a whip antenna, be erected which has a vertical length of greater than six (6) feet measured from the surface of the roof directly beneath the antenna. (2) The antenna shall be supported by guy wires of sufficient strength and construction so as to prevent the antenna from falling during periods of heavy wind. (3) The Director of Planning and Development shall issue a permit for the erection of an antenna complying with the provisions of this Chapter, and the permit fee shall be I one dollar ($1). SECTION 2. Section 8311.00 of Chapter 83 of Division 8 of the Palm Springs Ordinance Code is hereby amended to read as follows: VARIANCE FOR HIGHER ANTENNAS. In areas where reception is affected by obstructions, and where a qualified and reputable installer declares that he has been unable to make a satis- factory installation within the six (6) foot height limitation, a variance may be granted by the Director of Planning and Development to exceed the above specified height limitation pursuant to the procedure set forth in Section 9405.01 of the Palm Springs Ordinance Code. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, Calfornia. ADOPTED this 16th day of December , 1968. AYES: Councilmen Foster, McCoubrey, Pitts, Purcell & Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City�Cl- k \ g by Deputy City Clerk Mayor - APPROVED AS TO FORM: CONTENTS APPROVED: City Attorney' Date Date 17 12�' I hereby certify that the foregoing Ordinance No. 837, was published in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, on I December 23, 1968. Dated this 24th day of December, 1968. JUDIT SUMICH Deputy City Clerk I hereby certify that the foregoing Ordinance No. 837 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 16th day of December, 1968. Dated this 24th day of December, 1968. F. D. ALESHIRE City Clerk \ n ;Dyeputy: JUDIT SHUM City Clerk I