HomeMy WebLinkAbout1949 ORDINANCE NO. 1949
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER
8.80 OF, ADDING SECTION 11.72.162 TO, AND
AMENDING SECTIONS 11.72.170, 11.72.197 AND
11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO VACANT BUILDINGS AS BUILDING CODE
VIOLATIONS AND/OR PUBLIC NUISANCES, AND
PROVIDING FOR THE ABATEMENT OF BLIGHTED
PROPERTY.
City Attorney's Summary
This Ordinance amends and supersedes Chapter 8.80 of the City's
Municipal Code relating to vacant buildings, and the identification of non-
maintained vacant buildings as building code violations and/or public
nuisances. The Ordinance also requires registration of all vacant
buildings with the City, local property management of any property
incorporating a vacant building, and provides for administrative programs
to monitor all vacant commercial buildings, including boarded buildings,
and imposes fees and civil penalties in furtherance of said programs, as
well as administrative review and appeal opportunities. This Ordinance
also adds Section 11.72.161 to the Code, finding blight a public nuisance,
amends Section 11.72.170, relating to property maintenance, and amends
Section 11.72.197, authorizing the Building Official to abate dangerous,
substandard or unsafe buildings. This Ordinance also amends Section
11.72.245, which provides for City Manager authorization of summary
abatement proceedings, and notice to owners of property subject to
summary abatement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Title 8, Chapter 8.80 of the Palm Springs Municipal Code,
MAINTENANCE OF LONG-TERM BOARDED AND VACATED BUILDINGS is hereby
amended and superseded in its entirety, to read as follows.
VACANT BUILDINGS; BLIGHTED PROPERTY
8.80.100 Findings and Purpose
(a) Vacant buildings are a major cause and source of blight in both residential and
non-residential neighborhoods, especially when the owner of the building fails to
actively maintain and manage the building to ensure that it does not become a liability to
the neighborhood, and a hazard to the public health, safety and welfare.
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(b) Buildings that remain vacant and unoccupied for any appreciable period of time
become a life-safety hazard with respect to their potential collapse, and represent an
attractive nuisance to children, a harborage for rodents, an invitation to derelicts,
vagrants, and criminals as a temporary abode and as a place to engage in illegal
conduct, frequently including illegal drug-related activity, and an increased fire hazard.
(c) Vacant buildings, whether or not those buildings are boarded, substandard,
structurally deficient, poorly maintained as to landscaping, a pool, or any features,
neglected for a long-term, or exhibiting any combination of these negative qualities,
contribute to the growth of blight within the City, depress market values of surrounding
properties, discourage economic development, retard appreciation of property values
thereby reducing tax revenues, necessitate additional governmental services,
significantly interfere with the use and enjoyment of neighboring properties, create an
unhealthy and unsafe condition affecting the public and constitutes an unreasonable
use of property and a public nuisance.
(d) Vacant buildings are potential fire hazards and can jeopardize the ability of
owners of neighboring property from securing or maintaining affordable fire insurance.
(e) One responsibility of property ownership is prevention of the property in question
from becoming a burden to the neighborhood and community, and a threat to the public
health, safety, or welfare. One vacant building that is not actively and well maintained,
and managed can be the core and cause of spreading blight.
(f) Protection of the public health, safety, and welfare requires the establishment
and enforcement of the means by which such structurally deficient and/or nuisance
conditions may be prevented and abated.
(g) Many vacant buildings are the responsibility of out-of-area owners, banks,
lenders and/or trustees.
(h) It is in the interest of the welfare of neighborhoods that owners who fail to
maintain property and correct vacant property, fail to correct substandard structures and
blighted conditions, or who otherwise allow structures to remain in violation of this Code
be subject to imposition of economically significant and escalating administrative
penalties, as set forth in Section 8.80.210, in order to encourage these owners to
correct violations of this Chapter in a prompt manner.
(i) The boarding of buildings and structures as provided in this Chapter are intended
to be an interim, temporary process. It is the goal of this Chapter that all vacant
buildings, including without limitation single family residential homes, should be
rehabilitated and/or renovated for occupancy in a timely manner.
Q) Due to the potential economic and public health, welfare and safety problems
caused by vacant buildings, the City needs to monitor them, so that they do not become
attractive nuisances, are not used by trespassers, are properly maintained, and do not
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become a blighting influence in the neighborhood. City departments involved in such
monitoring include the Police, Fire, Planning Services, and Building and Safety
Departments. There is a substantial cost to the City for monitoring vacant buildings,
whether or the buildings in question are boarded up, which should be borne by the
owners thereof. The fees for a monitoring program pursuant to the provisions of this
Chapter shall be separate from and in addition to any registration fees or administrative
citation fines required or otherwise assessed pursuant to the provisions of this Chapter.
(k) The City Council has the discretion to identify situations wherein the presence of
an abandoned building or structure, or a vacant building for a defined period of time
represents a necessary pre-condition to a desirable project that advances the health,
safety or welfare of the community. In these instances, there shall be certain abandoned
buildings or structures, and vacant buildings that shall be exempt from application of this
Chapter for a defined period of time, upon terms and conditions established by the City.
8.80.110 Definitions
As used in this Chapter, the following definitions shall apply:
"Abandoned Building or Structure" is defined under "Blight" below.
"Accessible property" means real property that is accessible to the public, either
in general, or through an open and unsecured door, window, gate, fence, wall or any
other breach.
"Accessible structure" means a building or structure that is not secured or is open
in such a way as to allow public or unauthorized access to the interior.
"Active Construction" means that (i) construction activity is taking place at a
Property without any pause, interruption or suspension greater in duration than forty-five
(45) days, and (h) the owner, owner or record, or a duly authorized agent, servant,
assign, employee or contractor acting or providing services on behalf thereof, is on-site
at a Property that is under construction, actively engaged in construction, maintenance,
demolition, or related administrative activity, without any pause, interruption or
suspension greater in duration than fifteen (15) days.
"Agreement" means any written instrument that transfers or conveys title to
residential real property from one owner to another after a sale, trade, transfer or
exchange. The sole exception to this definition's applicability is a "Development Related
Agreement" as defined below.
"Attractive Nuisance" is defined under "Blight" below.
"Beneficiary" means a lender participating in a real property transaction that
holds a secured interest in the real property in question identified in a Deed of Trust.
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"Blight" or "Blighted property" means any one or more of the following conditions
or activities:
(1) Abandoned Building or Structure.
(a) A building or structure which is not being inhabited, occupied, or used
and which is unsecured. For purposes of this Chapter, a building or
structure is unsecured when the public can gain entry without the consent
of the owner.
(b) A partially constructed, reconstructed, or demolished building or
structure upon which work is abandoned. Work is deemed abandoned
when there is no valid and current building or demolition permit, or when
there has not been any substantial work on the project for a period of six
(6) months or more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to
potentially constitute an attraction to children, a harbor for vagrants, criminals or
other unauthorized persons, or so as to enable persons to use the property for
the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(a) Exterior wall and/or roof coverings which have become deteriorated
and do not provide adequate weather protections, resulting in termite
infestation and/or dry rot.
(b) Broken or missing windows or doors which constitute a hazardous
condition or a potential attraction to trespassers.
(c) Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks or other structures on the property which are broken,
deteriorated, or substantially defaced, to the extent that the disrepair is
visible from any public right of way or visually impacts neighboring public
or private property or presents an endangerment to public safety.
(d) Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks or other structures on the property which have been
repainted in such a manner that the appearance may be further
deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
(a) Overgrown, diseased, dead, or decayed trees, weeds or vegetation
that:
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i. Are likely to harbor rats, pigeons, vermin, and other nuisances; or
ii. Substantially detract from the aesthetic and property values of
neighboring properties; or
iii. Constitute a fire hazard or other condition that is dangerous to
the public health, safety, or welfare; or
iv. Are likely to attract use as shelter by transients.
(b) Solid waste, which includes "garbage," "refuse" and "rubbish," and all
"solid waste" as may be defined in this Code, constitutes blight and
blighted property in the following situations:
i. The accumulation of solid waste is visible from a street or public
right-of-way, is not enclosed in a city-approved container, and is
present for more than seventy-two (72) consecutive hours; or
ii. The accumulation of solid waste is being stored or disposed of in
a manner that would allow the material to be transported by wind or
otherwise onto or upon any public street, public right-of-way, or
neighboring property, unless the method of storage or disposal is
specifically allowed by this Code.
(c). Any swimming pool, pond or other body of water which is abandoned,
unattended, unfiltered, drained with no cover to prevent the existence of a
hazard, or not otherwise maintained, resulting in the water becoming
polluted. Polluted water is defined for the purpose of this Chapter, as
water which contains organic growth, including algae, remains of rubbish,
refuse, debris, papers, and any other foreign matter or materials, which,
because of its nature or locations, constitutes an unhealthy or unsafe
condition.
"Boarded building" means a vacant building or portion of a vacant building where
all entry points, including all doors and windows, have been covered in the manner
described in Section 8.80.125 to prevent entry into the building or structure by persons
or animals.
"Building" means any structure, including, but not limited to, any residential,
commercial, industrial, or assembly structure, approved for occupancy on either a lot of
record or within a single project approved by the City pursuant to the City's Zoning
Ordinance.
"Building Official" means the Director of the Department of Building and Safety
for the City.
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"Buyer" means any person, partnership, association, corporation, fiduciary, or
other legal entity that agrees to transfer anything of value in consideration for real
property via an "agreement.
"Commercial Properties" means all properties in the City that are not developed
for solely single family residential uses. The term "commercial properties" includes
apartment buildings that include five (5) or more rental units.
"Deed of Trust" means an instrument whereby an owner of real property,
as trustor, transfers a secured interest in real property to any third party trustee, said
instrument relating to a loan issued in the context of a real property transaction. This
definition applies to any and all subordinate deeds of trust i.e., 2"d trust deed, 3rd trust
deed, etc.
"Deed in Lieu of Foreclosure" means a recorded instrument that transfers
ownership of real property between parties to a particular Deed of Trust as follows -
from the trustor, i.e., borrower, to the trustee upon consent of the beneficiary, i.e.,
lender.
"Default" means the material breach of a legal or contractual duty arising from or
relating to a Deed of Trust, such as a trustor's failure to make a payment when due.
"Development Related Agreement" means an agreement between the City and at
least one other person or entity whereby an owner secures the authorization and
approval of the City, whether through a duly authorized written contract, or via a land
use permit or entitlement approval, to pursue a development or redevelopment project
at a property where one or more abandoned building or structure, and/or vacant building
is located.
"Distressed" means any building, structure or real property that is subject to a
current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien
Sale and/or any real property conveyed via a Foreclosure sale resulting in the
acquisition of title by an interested beneficiary of a Deed of Trust, and/or any real
property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or
occupancy by a person with no legal right of occupancy.
"Downtown/Uptown" means the area bounded by Vista Chino on the north, Palm
Canyon Drive (Vista Chino to Alejo Road) and Belardo Road (Alejo Road to Ramon
Road) on the west, Ramon Road on the south, and Indian Canyon Drive on the east,
including that portion west of Belardo Road extending to Museum Drive and located
north of Tahquitz Canyon Way. This definition includes those properties located on
either side of those streets establishing the boundary defined herein, but excluding the
east side of Indian Canyon Drive between Alejo Road and Ramon Road.
"Enforcement Official" means the Building Official, the Chief of Police, the Fire
Chief and/or their respective designees and/or the designees of the City Manager.
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"Evidence of Vacancy" means any real property condition that independently, or
in the context of the totality of circumstances relevant to that real property would lead a
reasonable Enforcement Official to believe that a property is vacant or occupied by a
person without a legal right of occupancy. Such real property conditions include but are
not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars,
flyers or mail; past due utility notices or disconnected utilities; accumulation of trash,
junk or debris; the absence of window coverings such as curtains, blinds or shutters; the
absence of furnishings or personal items consistent with residential habitation; and/or
statements by neighbors, passersby, delivery agents, or government employees that
the property is vacant.
"Foreclosure" means the process by which real property subject to a Deed of
Trust is sold to satisfy the debt of a defaulting trustor, i.e., borrower.
"Historic Building or Site" shall mean any building, structure, or site previously
designated a "Class 1" historic structure or site by the City Council pursuant to the
provisions of Chapter 8.05 of this Code, which building or site is not located on lands
owned by the United States for the benefit of the Agua Caliente band of Cahuilla
Indians, one of its members, any member of any other federally recognized Indian tribe,
or subject to a restriction against alienation imposed by the United States.
"Local" means within forty (40) driving miles of the building, structure, or real
property in question.
"Notice of Default" means a recorded instrument that reflects and provides notice
that a Default has taken place with respect to a Deed of Trust, and that a beneficiary
intends to proceed with a trustee's sale.
"Out of Area" means in excess of forty (40) road or driving miles of the subject
property.
"Owner" means any person, partnership, association, corporation, fiduciary or
other legal entity having a legal or equitable title or any interest in real property.
"Owner of Record" means the person or entity holding recorded title to the real
property in question at any point in time when Official Records are produced by the
Riverside County Recorder's Office.
"Property" means any improved real property interest or estate which may be
granted or devised by deed. The word "property" includes tracts, lots, easements, or
parcels of land incorporating improvements.
"Property Improvement Program" or "PIP" means a program that allows artwork
or other approved displays to be installed by the City within Downtown/Uptown, or such
other geographic areas of the City determined by the City Manager, chosen as an
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alternative pursuant to Section 8.80.120(b)(3)(vii) to provide window coverings for the
storefronts of vacated commercial buildings or portions thereof. Each PIP will be
approved by the City Manager and administered by the Community and Economic
Development Department. Owners of vacated commercial buildings which have
windows visible from the public right-of-way within the area of the PIP or can be seen by
the public shall participate in the PIP upon registration of the vacant building as
prescribed in Section 8.80.130. A copy of each PIP shall be made available in the Office
of the City Clerk.
"Securing" means such measures as may be directed by the Enforcement Official
that assist in rendering real property inaccessible to unauthorized persons in addition to
boarding doors and windows, including, but not limited to, repairing fences and walls,
chaining/padlocking gates and erecting barrier fences.
"Substandard" means any condition which is defined as constituting a
substandard building or dwelling as defined by California Health and Safety Code
Section 17920.3 et seq. or as defined by the California Building Code or as otherwise
identified as an "unsafe building" or "unsafe structure" under Section 8.04.310 Part 2 of
this Code.
"Trustee" means any person, partnership, association, corporation, fiduciary or
other legal entity holding a Deed of Trust securing an interest in real property.
"Trustor" means any owner/borrower identified in a Deed of Trust, who transfers
an interest in real property to a trustee as security for payment of a debt by that
owner/trustor.
"Vacant building" means a building where at least thirty-five percent (35%) of the
total floor area within the building is not lawfully occupied.
8.80.115 Application of Chapter; Authority of Enforcement Official, Exemption from
Chapter.
(a) The provisions of this Chapter shall apply generally to all improved real property
throughout the City of Palm Springs where any of the conditions specified in this
Chapter are found to exist.
(b) Provisions of this Chapter are to be supplementary, complementary and cumulative
to all of the provisions of the Palm Springs Municipal Code, state law, and any law
cognizable at common law or in equity, and nothing in this Chapter shall be read,
interpreted, or construed in any manner so as to limit any right or power of the City of
Palm Springs to abate or prosecute any and all violations and nuisances.
(c) When the requirements of this Chapter conflict with any other part of the California
Building Standards Code, Title 24, any provision contained elsewhere in the Palm
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Springs Municipal Code, or any regulation or requirement adopted by the City, the most
restrictive, affirmatively demanding, or punitive requirement shall prevail.
(d) The Enforcement Official is authorized and directed to use the provisions of this
Chapter for the purpose of abating those conditions defined by this Chapter as a public
nuisance or abating the unlawful conditions defined in this Chapter.
(e) In the event that the City enters a development related agreement with the owner
and/or developer of a property incorporating the partial or total demolition, repair,
reconstruction, and/or preservation of one or more abandoned building or structure or
vacant building located at the property, the abandoned building(s) or vacant building(s)
in question shall be exempt from application of this Chapter.
(f) In the instance of any abandoned building or structure, or vacant building exempt
from application of this Chapter pursuant to this Subsection 8.80.115(e), the property
and each building or structure located at the property shall be owned, managed, and
maintained in strict accord with the terms and conditions of the applicable development
related agreement.
(g) In the event that the City Manager or his designee determines, in an exercise of
his/her sole discretion that an owner is in default with respect to any term or condition of
a development related agreement through which any abandoned building or structure,
or vacant building is exempt from application of this Chapter, City shall issue written
notice to that owner that if the default in question is not cured in its entirety within thirty
(30) days of the issuance of said notice, that the exemption provided by Subsection
8.80.115(e) shall be revoked, and that this Chapter shall immediately become fully
applicable to the abandoned building(s) or structure(s), or vacant building(s) in question.
8.80.120 Owner Responsibilities.
(a) Every owner of improved real property within the City is required to maintain such
property in a manner so as not to violate the provisions of this Chapter or this Code and
such owner remains liable for violations thereof regardless of any contract or agreement
with any third party regarding such property.
(b) No person, corporation, or other entity shall allow a building designed for human use
or occupancy to stand vacant for more than ninety (90) days, unless the owner
establishes, by substantial evidence to the reasonable satisfaction of the Enforcement
Official, that at least one of the following applies:
(1) The building is the subject of Active Construction for repair or rehabilitation in
order to make the building habitable and the owner is progressing diligently to
complete such repair or rehabilitation within six (6) months of the issuance of the
first building permit related to such repair or rehabilitation;
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(2) The building meets all applicable codes, is actively maintained, and is ready
for occupancy, and is actively being offered for sale, lease or rent;
(3) The building or the lot on which the building is located, and the landscaping
on such lot, does not contribute to and is not likely to contribute to blight because
the owner is actively maintaining and monitoring the building and the lot so that it
does not contribute to blight. When applicable to a property, vis a vis the nature
of the property in question, active maintenance and monitoring shall include:
i. Maintenance of landscaping and plant materials in good condition;
ii. Maintenance of the exterior of the building including, but not limited to,
paint, finishes, windows, doors, and signage in good condition and in
compliance with this Chapter;
iii. Any sign which advertises a use or business not being made on the
premises, the name of the owner or user, or which identifies a product, an
interest, service, or entertainment not available on the premises is
prohibited;
iv. Regular removal of all exterior trash, debris and graffiti;
v. Maintenance of the building in continuing compliance with all applicable
codes and regulations;
vi. Prevention of criminal activity on the premises including, but not limited
to, use and sale of controlled substances, prostitution and criminal street
gang activity;
vii. Windows screened: (1) in a manner approved under Zoning Code
Section 94.04.00 (Architectural Approval), including review by the
Architectural Advisory Committee; or (2) election upon registration of a
vacant building to participate in the Property Improvement Program;
viii. Securing the property in a manner so as not to be accessible to
unauthorized persons. Secure manner includes, but is not limited to,
closing and locking of windows, doors (walk-through, sliding and garage),
gates and any other opening that may allow access to the interior of the
property and or structure(s) and/or the erection of temporary construction
fencing approved by the Enforcement Official for not more than 180 days.
In the case of broken windows, securing includes the replacement of the
broken window;
ix. Maintaining sufficient utility services to provide power for any alarm or
security system and to properly irrigate all landscaping on the property;
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x. Compliance with any alternative or additional methods of securing a
building in the Downtown/Uptown or on an Historic Site as may be
imposed by the Enforcement Official. Such methods may include, but will
not be limited to security patrols, alarms, or other security requirements.
(c) The owner of any boarded building, whether boarded by voluntary action of the
owner or as a result of enforcement activity by the City, shall cause the boarded building
to be rehabilitated for occupancy within ninety (90) days after the building is boarded
and shall comply with the provisions of Subsection (b) of this Section.
8.80.125 Boarding; Permit; Standards
(a) No person, firm, association or corporation shall erect, install, place or maintain
boards over the doors, windows or other openings of any building or structure or
otherwise secure such openings by a means other than the conventional method used
in the original construction and design of the building or structure without first applying
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for and, within ten (10) days of application, completing all steps necessary to the
issuance of a boarding permit and thereafter having a valid and current boarding permit
therefore from the Building Official.
(b) The Building Official shall issue a boarding permit required by subsection (a) of this
section upon the submission of a written application by the owner of the property or
his/her authorized representative or contractor, upon the payment of the required fee
and upon the confirmation through inspection by the Building Official that the boarding
or other method of securing the building or structure has been done in compliance with
this Section.
(c) The boarding permit issued pursuant to this Section shall authorize the boarding or
other securing of a commercial or residential building or structure, excluding any
building or structure in Downtown/Uptown and any Historic Site, for a period no greater
than ninety (90) days, provided that the following conditions exist: (i) the boarding has
been done in full compliance with this Section, (h) the owner or his or her authorized
representative has submitted a one-time extension request in writing within ten (10)
days of the expiration of the original boarding permit with the required fee, (iii) the owner
has complied with all prior orders and notices regarding the boarded property; and (iv)
the owner simultaneously submits a detailed plan and timeline for correction, repair, or
rehabilitation of the property or a detailed plan for the sale of the property to another
person, with a provision in the sale for the correction, repair, or rehabilitation of the
property. An extension of an original boarding permit may be approved once for a
period up to but not exceeding ninety (90) days.
(d) No boarding permit shall be issued for a building or structure in the
Downtown/Uptown or on an Historic Site unless such building or structure has been
damaged by fire, natural disaster, or other emergency situation and the owner submits a
detailed plan and timeline for correction, repair or rehabilitation of the property and a
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boarding permit shall be issued for only such time as the Building Official reasonably
determines is necessary to affect such repairs or rehabilitation.
(e) No boarding permit for a building or structure may be extended beyond the periods
of time identified in Subsections (c) and (d) of this Section, and the Building Official shall
accept no new application for a boarding permit for any Property that has already been
subject to permitted boarding, inclusive of any permitted extension of same, less than
one year after the date of expiration of the boarding permit. The only exception to this
prohibition of shall be as follows. Upon the submission of a written application by the
owner of the property or the owner's duly authorized representative or contractor, upon
the payment of the required fee, upon the confirmation through inspection by the
Building Official that the boarding or other method of securing the building or structure
has been done in compliance with this Section, and upon demonstration that "good
cause" for the renewal exists.
(1) "Good cause" shall require a factual showing by the owner that the permit
renewal is made necessary by conditions or events beyond the owner's control,
such as inability to obtain financing for repair or rehabilitation, inability to locate a
suitable buyer, unanticipated delays in construction or rehabilitation, or
unanticipated damage to the property; and
(2) In addition, where appropriate, "good cause" shall also require a factual
showing by the owner that he/she has exercised reasonable and due diligence in
attempting to complete the needed repair, rehabilitation or correction or in
attempting to sell, rent or lease the property. In the event that the Building Official
determines that there exists good cause to renew the permit and that all other
conditions are met, the permit may be renewed by the Building Official for a
period of up to, but not more than, an additional three (3) months, subject to all of
the same conditions imposed on the original permit.
(f) The fees for the initial boarding permit and extension/renewal permit shall be as
established from time to time by the City Council.
(g) The boarding of the doors, windows or other openings of any building or structure or
any means of securing such openings, other than by the conventional method used in
the original construction and design of the building or structure, shall comply with the
following minimum standards:
(1) Securing by Boarding.
(i) Windows: Windows and similar openings shall be boarded with exterior
grade plywood of a minimum thickness of % inch or its equivalent. Vent
holes may be required, as deemed necessary by the Building Official. The
plywood shall be secured in place by 2"x4" or 4"x 4" crossmembers,
secured to the plywood by 3/8 inch plated carriage bolts with large
washers at each end and with the crossmember turned so that the
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carriage bolt goes through the larger dimension. Bolts used to secure the
crossmember shall be threaded to the correct length. A minimum of two
crossmembers shall be used on each window and, depending on the size
of the opening, additional crossmembers may be required. Each
crossmember shall be a continuous piece of lumber, and each must
extend at least one foot past the window opening in each direction. Bolts
and nuts used to secure the crossmembers to the plywood must be
tightened enough to slightly deflect the wood. Bolt heads must fit tightly
against the wood and not give a purchase for pliers or pry bars.
(ii) Exterior doors: Exterior doors shall be boarded with exterior grade
plywood of a minimum thickness of 3/ inch or its equivalent fitted to the
entry door jamb with maximum 1/8 inch clearance each edge. The existing
door should be removed and stored inside the building. The plywood shall
be attached to 3 horizontal 2"x4" wooden crossbars with two each 3/8 inch
carriage bolts and matching hardware. A minimum of one (1) door opening
shall be operable. The plywood for operable door openings shall be
attached to the door entry with three case hardened strap hinges of the
type specified by the Building Official and the plywood shall be secured by
a case hardened steel hasp and minimum two-inch case hardened
padlock also of the type specified by the Building Official.
(iii) Painting of boarded openings: All boarded openings shall be painted
with a minimum of one coat of exterior paint which is of a color compatible
with the exterior color of the buildingor structure, approved b the Building
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Official.
(2) Alternative Methods of Securing a Building. In addition, upon application for a
boarding permit, the Building Official may approve alternative methods of
securing a vacant and unoccupied building or structure. In making the
determination to approve any alternative method, the Building Official shall
consider the aesthetic and other impacts of such method on the immediate
neighborhood and the extent to which such method provides adequate and long-
term security against the unauthorized entry to the property.
(h) Additional Requirements. In connection with the boarding of the doors, windows or
other openings of any building or structure or any means of securing such openings,
other than by the conventional method used in the original construction and design of
the building or structure, the owner shall also comply with all of the following
requirements:
(1) All utility service to the building or structure shall be terminated by removal of
the meters and termination of electric power by Southern California Edison.
Compliance with this subsection may be waived in writing by the Building
Official as to the electric utility service, in the event that electricity is needed to
power exterior security lighting, an alarm system or equipment to be used in
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connection with rehabilitation of the building or structure for which there is an
active and current building permit;
(2) The sewer shall be capped in a manner approved by the Building Official so
as to prevent the accumulation of methane gas in the building or structure;
(3) The interior of the building or structure shall be cleaned of all trash, junk,
garbage, debris, and solid waste, and personal possessions shall be removed
from the interior of the building or structure, so as to eliminate any fire or health
hazard and prevent hindrance to firefighting equipment or personnel in the event
of a fire.
8.80.130 Registration Requirement for Vacant Buildings.
(a) Each property owner, and any beneficiary and trustee, who holds a deed of trust on
a property located within the City of Palm Springs, shall perform an inspection of the
property in question prior to recording a notice of default or similar instrument with the
Riverside County Recorder's Office. If any building on the property is found to be vacant
or shows evidence of vacancy, as defined by the Chapter, it is hereby deemed to be
vacant.
(b) Within ten (10) business days of City's identification of any vacant building and
issuance of written notice, or owner's actual knowledge of any vacant building, owner,
owner of record, the beneficiary, and trustee must register the vacant building with the
Building Official.
(c) If the building is occupied but distressed, the trustee and beneficiary or a designee
shall inspect the building on a monthly basis until:
(1) The trustor or another party remedies the default; or
(2) The building is found to be vacant, or shows evidence of vacancy, and is
registered subject to Subsection (b).
(d) The registration pursuant to Subsection (b) shall contain the identity of the owner,
owner of record, the beneficiary, and trustee and, in the case of a corporate or out of
area owner, owner of record, beneficiary, or trustee, the local property management
company, if any, responsible for the security, maintenance, and marketing of the
property in question.
(e) The registration pursuant to Subsection (b) shall be renewed annually.
(f) An annual registration fee, adopted in conformance with Section 8.80.140, shall
accompany the submission of each registration form. The fee and registration shall be
valid for one year from the date of registration. Registration fees will not be prorated.
Ordinance No. 1949
Page 15
(g) This Section shall also apply to properties that have been the subject of a
foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust
involved in the foreclosure, and to any properties transferred under a deed in lieu of
foreclosure or sale.
(h) Properties subject to this Chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this Chapter as long as they
remain vacant.
(i) Any person, partnership, association, corporation, fiduciary or other legal entity that
has registered a property under this Chapter must make a written report to the Building
9 p p Y p p 9
Official of any change of information contained in the registration within ten (10) days of
the change.
Q) The duties/obligations specified in this Section shall be joint and several among and
between all owners, owners of record, beneficiaries, and trustees, and their respective
agents, successors, and assigns.
8.80.140 Registration Fees
The fee for registering and re-registering a vacant building shall be set, from time to
time, by resolution of the City Council. The amount of the fee charges shall not exceed
the reasonable estimated cost of administering the provisions of this Chapter.
Registration fees are non-refundable and may not be pro-rated.
8.80.150 Monitoring Program — Departmental Responsibility and Fees.
(a) Authority. The Building Official shall be responsible for administering a program for
identifying and monitoring the maintenance of all vacant commercial buildings in the
City. The program shall be documented and regularly updated. All written
documentation pertaining to the program shall be available for public review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify commercial buildings which become vacant;
(2) To order vacant commercial buildings which are open and accessible to be
secured against unlawful entry pursuant to this Title and Chapter of this Code;
(3) To order the property on which the vacant commercial building is located to
be properly maintained of overgrown vegetation or cleared of trash and debris;
(4) To initiate proceedings against the owner and/or the owner of record of any
vacant commercial building found to be substandard as defined in this Chapter or
Ordinance No. 1949
Page 16
a nuisance under Title 11 of this Code; for purposes of this Chapter, failure to
comply with Section 8.80.120(b)(3)(vii) related to storefront window coverings is
hereby declared a public nuisance and is thereby subject to all available legal
remedies to cure said nuisance;
(5) To maintain surveillance over vacant commercial buildings so that timely code
enforcement proceedings are commenced in the event the property becomes
substandard or a nuisance; and
(6) To establish and enforce rules and regulations for the implementation and
compliance with the Property Improvement Program as defined in Section
8.80.110.
(7) To identify blighted property and to initiate proceedings against the owner of
record of any blighted property for failure to remedy such blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant commercial building
monitored pursuant to this Chapter, an annual vacant commercial building monitoring
fee in an initial amount as the City Council may establish by resolution, provided that the
fee shall not exceed the estimated reasonable cost of monitoring the vacant building.
The fee shall be payable as to any vacant building, residential or non-residential, which:
(1) Is boarded up by voluntary action of the owner or as the result of enforcement
activities by the City; or
(2) Is vacant for more than ninety (90) days for any reason.
(d) Fee Waiver. The vacant commercial building monitoring fee may be waived, in
whole or in part, only upon an application to the Building Official or an appeal as
described below, provided that the Building Official or Administrative Appeals Board
finds, by a preponderance of documentary evidence submitted by the owner, that:.
(1) The owner is engaged in Active Construction directed toward restoring or
preserving the building to occupancy, provided that said Active Construction is
occurring during the initial term of an applicable building permit as determined by
the Building Official; or
(2) The building meets all applicable codes and is actively being offered for sale,
lease, or rent.
(e) Procedure. The vacant commercial building monitoring fee shall be billed to the
owner of the property and mailed to the owner's address as set forth on the last
equalized assessment roll of the County Assessor. Any owner billed may apply for a
waiver on the grounds set forth in Subsection (d) of this Section by submitting a written
statement of the grounds for the waiver, together with supportive documentary evidence
Ordinance No. 1949
Page 17
and the owner's daytime telephone number, to the Building Official within thirty (30)
days after the billing is mailed to the owner. The Building Official shall review the
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written statement and all related evidence, and may contact the owner to discuss the
application for waiver. The Building Official shall prepare a written decision which shall
be mailed to the owner and shall set forth the reasons for the decision.
(f) Any owner aggrieved by the decision of the Building Official relating to an application
for waiver may appeal the Building Official's decision to the Administrative Appeals
Board in the manner provided in Chapter 2.50 of this Code.
(g) If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after
the decision of the Building Official or the Administrative Appeals Board, the City
Council may thereupon order that the fee be specially assessed against the property
involved. If the City Council orders that the fee be specially assessed against the
property, it shall confirm the assessment and thereafter said assessment may be
collected at the same time and in the same manner as ordinary real property taxes are
collected and shall be subject to the same penalties and the same procedure and sale
in case of delinquency as provided for ordinary real property taxes. All laws applicable
to the levy, collection, and enforcement of real property taxes are applicable to the
special assessment.
(h) The City Council may also cause a notice of lien to be recorded. The notice shall, at
a minimum, identify the record owner or possessor of the property, set forth the last
known address of the record owner or possessor, a description of the real property
subject to the lien, and the amount of the fee.
8.80.160 Monitoring Program - Downtown/Uptown; Historic Site.
Within ten (10) days of registration of a vacant commercial building in
Downtown/Uptown under Section 8.80.130(b) or within five (5) days of a notice to
register a vacant building from the Enforcement Official, the owner, owner of record, the
beneficiary, or trustee shall submit a monitoring plan to the Building Official for review
and approval. At a minimum, the monitoring plan for a vacant commercial building in
Downtown/Uptown or a vacant Historic Building or Site shall include the following
components:
(a) Participation in the Property Improvement Program.
(b) All doors, windows, and other openings to a structure must be secure, as follows:
(1) Doors and windows must be in place and secure.
(2) All openings that are not secured by doors or windows shall be boarded
pursuant to Section 8.80.125 of this Chapter.
Ordinance No. 1949
Page 18
(c) Temporary site perimeter fencing must be pre-approved by the Planning Services
and Building and Safety Departments and may remain in place for a period of no more
than sixty (60) days unless a permit is issued for construction.
(d) Property must be continuously monitored, as follows:
(1) Buildings with fire sprinkler systems must be maintained in working order.
(2) Buildings with a centralized and registered fire and burglar alarm system must
be maintained in working order, and monthly reports showing continued and
active service shall be submitted to the Building Official.
(3) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems
shall be provided with continuous physical monitoring by means of an onsite
patrol. Continuous monitoring shall mean the use of a licensed security agency
operating in Palm Springs and providing regular surveillance of the vacant
building as part of the agency's security route.
(e) A monthly report from the property owner or the property owner's representative or
property management company that identifies each date inspections were performed for
the reporting period and a statement affirming that the building interior, exterior, and the
entire site was inspected, the landscaping is maintained in good condition, and that all
buildings are secure.
8.80.170 Monitoring Program - Commercial Properties Outside of Downtown/Uptown.
Within twenty (20) days of registration under Section 8.80.130(b) of a vacant
commercial building outside of Downtown/Uptown or within ten (10) days of a notice to
register a vacant commercial building outside of Downtown/Uptown from the
Enforcement Official, the owner, owner of record, the beneficiary, or trustee shall submit
a monitoring plan to the Building Official for review and approval. At a minimum, the
monitoring plan for commercial properties shall include the following components:
(a) All doors, windows, and other openings to a structure must be secure, as follows:
(1) Doors and windows must be in place and secure.
(2) All openings that are not secured by doors or windows shall be boarded
pursuant to Section 8.80.125 of this Chapter.
(b) Temporary site perimeter fencing must be pre-approved by the Planning Services
and Building and Safety Departments and may remain in place for a period of no more
than sixty (60) days unless a permit is issued for construction.
(c) Property must be continuously monitored, as follows:
Ordinance No. 1949
Page 19
(1) Buildings with fire sprinkler systems must be maintained in working order.
(2) Buildings with a centralized and registered fire and burglar alarm system must
be maintained in working order, and monthly reports showing continued and
active service shall be submitted to the Building Official.
(3) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems
shall be provided with continuous physical monitoring by means of an onsite
patrol.
(d) A monthly report from the property owner or the property owner's representative or
property management company that identifies each date inspections were performed for
the reporting period and a statement affirming that the building interior, exterior, and the
entire site was inspected, the landscaping is maintained in good condition, and that all
buildings are secure.
8.80.180 Local Property Management Requirement
(a) If a property is determined to be vacant, and the property is owned by a corporation
and/or out of area beneficiary/trustee/owner, a local property management company
with a business license in the City shall be contracted to perform weekly inspections to
verify that the requirements of this section, and any other applicable laws, are being
met.
(b) The property shall be posted with the name and 24-hour contact phone number of
the local property management company. The posting shall be no less than 18" X 24",
shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain
the following verbiage: "THIS PROPERTY MANAGED BY " and "TO
REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".
(c) The posting shall be placed on the interior of a window facing the street to the front
of the property so it is visible from the street, or secured to the exterior of the
building/structure facing the street of the front of the property so it is visible from the
street. If no such area exists, the posting shall be on a stake of sufficient size to support
the posting, in a location that is visible from the street to the front of the property, and to
the extent possible, not readily accessible to potential vandalism. Exterior posting must
be constructed of, and printed with weather resistant materials.
(d) The local property management company shall inspect the property on a weekly
basis to determine if the property is in compliance with the requirements of this Chapter
and shall perform all monitoring duties prescribed in this Chapter. If the property
management company determines the property is not in compliance, it is the company's
responsibility to bring the property into compliance.
8.80.190 Joint and Several Liability.
Ordinance No. 1949
Page 20
The duties/obligations specified in this Chapter shall be joint and several among and
between all trustees and beneficiaries and their respective agents.
8.80.200 Specific Violations.
(a) It shall be unlawful and a public nuisance for any owner of property in this City to
maintain, permit, suffer, or allow any vacant building to be maintained in such a manner
that any one or more of the following conditions are found to exist:
(1) Any vacant building whose doors, windows or other openings are broken or
missing, so as to allow access to the interior, or is boarded or secured in a
manner not in compliance with Section 8.80.125 of this Chapter;
(2) Any vacant building whose doors, windows or other openings are secured by
boarding in compliance with Section 8.80.125 of this Chapter or by any other
method permitted by Section 8.80.125 of this Chapter, at any time at which there
is no current and valid boarding permit as required by Section 8.80.125 of this
Chapter;
(3) Any vacant building in violation of any of the provisions of this Chapter,
including without limitation requirements related to registration, property
management, fees due and payable, or monitoring.
(b) It shall be unlawful and a public nuisance for any owner to allow a building designed
for human use or occupancy to be a vacant building for more than any time limit
provided in this Chapter, unless one of the following applies:
(1) The building is the subject of Active Construction including maintenance,
repair, rehabilitation or demolition and the owner is progressing diligently to
complete the maintenance, repair, rehabilitation or demolition during the initial
term of a building permit as determined by the Building Official;
(2) The building meets all codes, including Section 17920.3 of the Health and
Safety Code, does not contribute to blight, is ready for occupancy; and
(i) Is actively being offered for sale, lease or rent; or
(ii) Is actively being maintained and monitored by the owner or the owner's
authorized representative and is being maintained in compliance with the
provisions of this Code.
(c) It shall be unlawful and a public nuisance for any owner to allow a building designed
for human habitation and/or the lot on which the building is located to become a blighted
property.
Ordinance No. 1949
Page 21
(d) Any violation of this Chapter shall be deemed a strict liability offense; regardless of a
violator's intent or knowledge.
8.80.210 Violations; Enforcement.
(a) Administrative Penalty for Non-Historic Properties located outside of the
Downtown/Uptown. Any person, partnership, association, corporation, fiduciary, or
other legal entity that owns, leases, occupies, controls or manages any building or
property subject to this Chapter but not covered by subsection (b) of this Section, and
causes, permits, or maintains any violation of this Chapter as to that property, shall be
issued a citation and liable for administrative penalties as follows:
(1) On the administrative penalty due date, as determined by the Enforcement
Official as described in subsection (c) of this Section, each party subject to an
abatement order shall pay an administrative penalty of one thousand five
hundred dollars ($1,500.00).
(2) In the event that a violation of this Chapter addressed by an abatement order
has not been abated, cured, remedied and/or eliminated to the reasonable
satisfaction the Building Official by the thirtieth (30th) day after the administrative
penalty due date, each party subject to said abatement order shall pay a
supplemental administrative penalty of three thousand dollars ($3,000.00).
(3) In the event that a violation of this Chapter addressed by an abatement order
has not been abated, cured, remedied and/or eliminated to the reasonable
satisfaction of the Building Official by the sixtieth (60th) day after the
administrative penalty due date, each party subject to said abatement order shall
pay a subsequent supplemental administrative penalty of fifteen thousand dollars
($15,000.00) for each calendar month, or portion thereof, the vacant building is in
violation of the provisions of this Chapter.
(b) Administrative Penalty for Properties located in Downtown/Uptown and any Historic
Building or Site. Any person, partnership, association, corporation, fiduciary, or other
legal entity that owns, leases, occupies, controls or manages any building or property in
the Downtown/Uptown or Historic Building subject to this Chapter, and causes, permits,
or maintains a violation of this Chapter as to that property, shall be issued a citation and
liable for administrative penalties as follows:
(1) On the administrative penalty due date, as determined by the Enforcement
Officer as described in subsection (c) of this Section, each party subject to an
abatement order shall pay an administrative penalty of two thousand five
hundred dollars ($2,500.00).
(2) In the event that a violation of this Chapter addressed by an abatement order
has not been abated, cured, remedied and/or eliminated to the reasonable
satisfaction the Building Official by the thirtieth (30th) day after the administrative
Ordinance No, 1949
Page 22
penalty due date, each party subject to said abatement order shall pay a
supplemental administrative penalty of five thousand dollars ($5,000.00).
(3) In the event that a violation of this Chapter addressed by an abatement order
has not been abated, cured, remedied and/or eliminated to the reasonable
satisfaction of the Building Official by the sixtieth (60th) day after the
administrative penalty due date, each party subject to said abatement order shall
pay a subsequent supplemental administrative penalty of twenty-five thousand
dollars ($25,000.00) for each calendar month, or portion thereof, the vacant
building is in violation of the provisions of this Chapter.
(c) Procedure for Imposition of Administrative Penalty.
(1) Each administrative penalty under this Chapter shall be imposed by the
Building Official through an abatement order issued pursuant hereto. The
Building Official's abatement order may be appealed to the Administrative
Appeals Board in the manner provided in Chapter 2.50 of this Code.
(2) Each administrative penalty under this Chapter shall be due and payable
within thirty (30) days after the issuance of an abatement order of the Building
Official, or if appealed, within thirty (30) days after the issuance of a
determination by the Administrative Appeals Board. If any administrative penalty
is not paid within forty five (45) days after that payment is otherwise due, the City
Council may thereupon order that the penalty be a personal obligation of the
property owner, or that it be specially assessed against the property involved. If
the City Council orders that the penalty be specially assessed against the
property, it shall confirm the assessment and thereafter said assessment may be
collected at the same time and in the same manner as ordinary real property
taxes are collected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary real property
taxes. All laws applicable to the levy, collection, and enforcement of real property
taxes are applicable to the special assessment.
(3) The City Council may also cause a notice of lien to be recorded. The notice
shall, at a minimum, identify the record owner or possessor of the property and
set forth the last known address of the record owner or possessor, the date on
which the penalty was imposed, a description of the real property subject to the
lien, and the amount of the penalty.
(d) Appeal of Administrative Penalty. The administrative penalty may be appealed, in
whole or in part to the Administrative Appeals Board pursuant to Chapter 2.50 of this
Code.
(e) Non-Exclusive Remedy. This Section provides an administrative penalty remedy
that is in addition to all other legal remedies, criminal or civil, which may be pursued by
Ordinance No. 1949
Page 23
the City to address any violation of this Chapter, including without limitation Sections
1.01.165, 1.01.170, 1.01.171, and 1.01.240 of this Code. The administrative penalty
imposed pursuant to the provisions of this Section shall be in lieu of the administrative
citation penalties imposed pursuant to the provisions of Section 1.06.040 of this Code.
(f) Abatement. Where the condition of the property constitutes a dangerous,
substandard, or unsafe building, the Building Official may, in an exercise of the Building
Official's discretion, and in addition to the issuance of any citation(s), the imposition of
any administrative penalties, or pursuit of any other remedies pursuant to this Chapter
and Code, abate such dangerous, substandard, or unsafe building pursuant to the
procedures reflected in Chapter 11.72, including without limitation abatement pursuant
to Section 11.72.197 and summary abatement pursuant to Section 11.72.245, or as
authorized by any applicable uniform code. Recovery of the administrative costs or fees
of such abatement shall also be pursued pursuant to the procedures authorized in
Chapter 11.72 of this Code. In this regard, in addition to those items required to be
included in any notice commencing proceedings pursuant to such uniform code, such
notice shall include a statement substantially similar to that contained in Section
11.72.200(6).
(g) Misdemeanor. Notwithstanding any provision of Section 1.01.140 of this Code to the
contrary, any person, firm, or corporation who violates the provisions of this Chapter is
guilty of a misdemeanor for each day, or portion thereof, upon which such violation
continues.
(h) Receivership. Notwithstanding City's election to enforce this Chapter through
administrative penalties, abatement, collection by lien or assessment, criminal
prosecution, or any combination thereof, City retains and reserves its discretion to seek
and secure judicial orders through the Superior Court of the State of California to repair
and abate any vacant building subject to this Chapter, and to appoint a receiver for
same, pursuant to and consistent with California Health and Safety Code Section
17980.6 and 17980.7 et seq.
SECTION 2. Section 11.72.162 of the Palm Springs Municipal Code is added to
read:
11.72.162 Blighted Property.
Any property which is blighted property as defined in Section 8.80.110 of this Code is
hereby declared and determined to be a public nuisance.
SECTION 3. Section 11.72.170 of the Palm Springs Municipal Code is amended
in its entirety to read:
11.72.170 Property Maintenance.
Ordinance No. 1949
Page 24
(a) The economic welfare, residential attractiveness, and community character of Palm
Springs are attributable to its unique aesthetic features and setting. The proper
maintenance of properties is necessary to protect the welfare, attractiveness, and
character of the community. A standard of maintenance guards against unsafe and
unhealthful conditions which can cause neighborhood deterioration.
(b) To ensure a proper standard of maintenance, all properties in the City, including all
areas between the extensions of side property lines to the centerline of adjacent streets,
shall be subject to the following provisions:
(1) All properties, including vacant properties, shall be kept free of trash, building
materials, or the storage of other goods which are visible from the street or
adjacent properties. Properties shall also be kept free of excessive vegetative
undergrowth.
(2) Buildings, including accessory structures, trellises, awnings and other similar
features, shall be maintained in a condition free of defects or signs of neglect,
including without limitation: loose roofing and siding materials, unconcealed roof
equipment, peeling paint or faded stain, broken or cracked windows, any unsafe
structural element or other items which would degrade the appearance and/or
safety of the structure.
(3) Site improvements shall be maintained in a condition to guarantee safety and
quality appearance and shall include but not be limited to: parking and walking
areas free of weeds and excessive sand and dirt, visible parking lot striping,
paving material (including walkways) which provide a smooth, unbroken surface,
unbroken curbs and gutters, litter-free trash and loading areas, walls and fences
in a sturdy condition and free of graffiti or the like, fountains or other water uses
which are free of potential health dangers, lighting, signs, bicycle racks, internal
traffic control items such as speed bumps, and drainage control items which are
maintained in safe repair.
(4) Landscaping improvements shall be maintained in a healthy condition and
complementary to neighboring buildings and properties. Such maintenance shall
include, but not be limited to: lawns which are watered and trimmed to a uniform
height, flowers and ground covers which are healthy and uniform in their
appearance, and shrubs and trees which are trimmed and pruned to retain their
health and adequate clearance over pedestrian and vehicular areas.
Landscaping incorporating bare earth or gravel shall be kept free of weed growth.
Plant materials designated on a landscape plan shall be retained in their natural
shape unless otherwise denoted on the approved plan.
(5) Irrigation systems shall provide adequate irrigation to all plant materials to
allow normal growth, retain water within planted areas, and be maintained in an
operative condition.
Ordinance No. 1949
Page 25
(c) Property on which overgrown, dead, diseased, or decayed trees, weeds or other
vegetation that are like) to harbor rats, pigeons, vermin, and other nuisances, or
9 Y 9
constitute a fire hazard or other condition that is dangerous to, or otherwise poses a
risk of harm to the public health, safety, or welfare, or constitutes visual blight or
reduces the aesthetic appearance of the neighborhood or is offensive to the senses or
is detrimental to the use and enjoyment of nearby properties or reduces nearby property
values is a public nuisance
(d) The substantial lack of maintenance of grounds within the city where such grounds
are viewable by the public from a public right-of-way or viewable form the sites of
neighboring properties, is a public nuisance. The substantial lack of maintenance shall
mean failure to comply with the requirements of Subsections (a) and (b) of this Section
or to allow trees, shrubs, plants, vegetation, or debris to exist on the grounds in a state
that is unsightly, or interferes with the reasonable enjoyment of property by neighbors,
or detrimentally affects property values in the surrounding neighborhood or community,
or which would materially hamper or interfere with prevention or suppression of a fire, or
interfere with prevention or suppression of a fire, or detrimentally affects aesthetic
values of surrounding properties.
SECTION 4. Section 11.72.245 of the Palm Springs Municipal Code is amended
in its entirety to read:
11.72.245 Summary Abatement.
(a) Any public nuisance which is reasonably believed to be imminently dangerous to the
life, limb, health, or safety of the occupants of the property, neighbors of the property, or
to the public may be summarily abated by the City Manager, or designee, without
complying with the provisions of Sections 11.72.190 through 11.72.230 inclusive.
(b) Actions taken to abate imminently dangerous conditions may include, but are not
limited to repair or removal of the condition creating the danger, demolition, and/or the
restriction from use or occupancy of the property on which the dangerous condition
exists or any other abatement action determined by the City Manager, or designee, to
be necessary.
(c) Whenever the City Manager, or designee, reasonably believes property to be
blighted or otherwise imminently dangerous to life, limb, health, or safety, the City
Manager, or designee, shall declare the same to be a public nuisance and give notice to
the owners by posting a notice on the property stating therein that unless a written
objection is filed with the city clerk or such dangerous condition be abated within twenty-
four (24) hours, or such longer period for notice and opportunity to be heard as the City
Manager, or designee, determines is reasonably possible under the circumstances, by
the destruction or removal of such blighted condition, the work of abating such
imminently dangerous condition shall be done by the city and the expense thereof
assessed upon the lots and lands from which the blighted condition shall have been
Ordinance No. 1949
Page 26
destroyed or removed. If the dangerous condition persists and there is no written
objection timely filed with the city clerk within twenty-four (24) hours or such period of
time provided on the notice, the City Manager, city employees, contracting agents or
other representatives are expressly authorized to enter upon private property to abate
the dangerous condition. Costs for any summary abatement performed by or on behalf
of the City shall be accounted and reported to the City Council by the City Manager,
assessed after public hearing, and collected pursuant to the provisions of this Chapter.
(d) The posted notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE DANGEROUS CONDITION OF PROPERTY
NOTICE IS HEREBY GIVEN that on the City Manager declared that
property located at is a public nuisance, as provided in Chapter
11.72 of the Palm Springs Municipal Code, and is imminently dangerous to life, limb,
health, or safety and must be immediately abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall
immediately destroy or remove the dangerous condition caused by such condition of the
property, or after _ hours that condition may be abated by the city authorities, in which
case the costs of such abatement will be assessed upon the lots and lands from which
the dangerous condition shall have been destroyed or removed; and such costs will
constitute a lien upon such lots or lands until paid and will be collected upon the next tax
roll upon which general municipal taxes are collected. All persons having any objection
on the proposed destruction or removal of such dangerous condition, or upon the
assessment of such costs, are hereby directed to file such written objection with the City
Clerk in the City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263-2743 or
via email to palmspringsca.gov, by 5:00 p.m. on 20 ,
or thereafter all such objections shall be deemed waived and the City Manager, city
employees, contracting agents or other representatives are authorized to enter upon
this property to abate the dangerous condition.
DATED: This _day of: 20_.
City Manager
SECTION 5. Section 11.72.197 of the Palm Springs Municipal Code is amended
in its entirety to read:
11.72.197 Abatement of dangerous or substandard buildings and structures.
Where any condition which would otherwise constitute a violation subject to abatement
pursuant to the procedures authorized by this Chapter also constitutes a dangerous or
substandard building pursuant to International Property Maintenance Code, or an
"unsafe building" or "unsafe structure" under Section 8.04.310 Part 2 of this Code, the
Building Official may in his/her discretion abate such dangerous or substandard building
Ordinance No. 1949
Page 27
or structure pursuant to this Code. Such abatement shall be cumulative to any action or
enforcement activity deemed necessary and appropriate by the City pursuant to
Chapter 8.80 of this Code, and recovery of administrative costs or fees related to said
abatement may nonetheless be collected pursuant to the procedures authorized herein.
In this regard, in addition to those items required to be included in any notice
commencing proceedings pursuant to any uniform code adopted by the City, such
notice shall include a statement substantially similar to that contained in Section
11.72.200(6). Nothing in this Section 11.72.197 shall be interpreted to limit the authority
or discretion of the City Manager pursuant to Section 11.72.245 of this Code.
SECTION 6. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact
that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
SECTION 7. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term
is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is
an organizational or administrative activity that will not result in a direct or indirect
physical change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 8. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED BY THE 7SPRI CITY COUNCIL THIS 4th
DAY OF APRIL, 2018.
ROBERT MOO , MAYOR
ATT T:
O
CITY CL
Ordinance No. 1949
Page 28
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1949 is a full, true, and correct copy, and introduced
by the City Council at a regular meeting held on Wednesday the 3`d day of January,
2018, and adopted at a regular meeting of the City Council held on the 4th day of April,
2018 by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 1 sr day of 20 1g ,
THOI Y . ME `
City Clerk