Loading...
HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 1.O. a��P P`M Sp4 �Z � c u m a RbfRf{L CITY COUNCIL STAFF REPORT Date: January 24, 2018 CONSENT CALENDAR Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 1949, 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 From: David H. Ready, City Manager Initiated by: Office of the City Manager & City Attorney SUMMARY The City Council will consider adoption of Ordinance No. 1949, and adoption of a Resolution establishing an administrative fee of $1,900 annually for vacant commercial building monitoring, and an administrative fee of $475 annually for vacant residential building monitoring. RECOMMENDATION: 1. Waive the second reading of the text in its entirety and adopt 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." and 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR ANNUAL VACANT COMMERCIAL BUILDING MONITORING AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 23854." ITEM NO. City Council Staff Report January 24, 2018—Page 2 Vacant Building Ordinance BACKGROUND: On January 3, 2018, Ordinance No. 1949 was introduced for first reading, which included certain revisions requested by Council to the draft Ordinance that was originally provided to the Council for its consideration. The revisions are generally described as follows: • Include vacant residential structures (i.e. single family homes) as applying to the provisions of the Ordinace; • Exclude vacant residential condominium units as applying to the Ordinance; • Revise the definition of "Downtown/Uptown" to extend south to Mesquite Avenue, and with the heightened provisions applicable to vacant buildings located in "Downtown/Uptown" to also apply to vacant buildings located adjacent to "Primary Commercial Corridors" pursuant to its new definition; • Provide additional time for submittal of a Monitoring Plan by specifying business days in lieu of calendar days (Section 8.80.160 and 8.80.170) A copy of the Ordinance showing the revisions made pursuant to Council direction is included as Attachment 1, and a clean version of the Ordinance to be adopted is included as Attachment 2. Review—Agua Caliente Band of Cahuilia Indians Staff was contacted by the Agua Caliente Band of Cahuilla Indians ("Tribe") regarding the revisions made to the Ordinance at Council's direction, and the Tribe will be reviewing the revised Ordinance at its January 22, 2018, meeting. Comments regarding the final Ordinance to be adopted may be provided by the Tribe for Council's consideration. ENVIRONMENTAL IMPACT: Section 15378(b)(5) of the California Environmental Quality Act ("CEQA") Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA. The requested action requests the City Council to consider adopting an Ordinance related to the maintenance of vacant property, which itself will not result in a direct or indirect physical change to the environment. Therefore, the requested action is considered exempt from CEQA. 02 City Council Staff Report January 24, 2018— Page 3 Vacant Building Ordinance FISCAL IMPACT: The Ordinance contemplates the imposition of a fee and cost recovery program that should make the implementation of the Ordinance cost-neutral. Existing City resources in the Building & Safety Department should be sufficient to cover costs that are anticipated to be reimbursed through the fee and cost recovery components of the Ordinance. A new annual Vacant Commercial Building Monitoring fee is recommended, consistent with the provisions in Section 8.80.150 "Monitoring Program — Departmental Responsibility and Fees," whereby owners of vacant commercial buildings are subject to the Building Department's identification of and monitoring for the maintenance of all vacant commercial buildings in the City. Staff recommends the City Council adopt a new fee established at the currently adopted fee of $158.34 for a Code Compliance Inspection multiplied by twelve (12) to accommodate monthly inspections throughout the year, resulting in an annual fee of $1,900.08 (rounded to $1,900). This anticipates that a code compliance officer will personally visit a vacant commercial building every month and prepare a report, requiring an hour of time each month. For vacant residential buildings, staff recommends the City Council adopt a new fee established at '/4 of the currently adopted fee of $158.34 for a Code Compliance Inspection multiplied by twelve (12) to accommodate monthly inspections throughout the year, resulting in an annual fee of $475.02 (rounded to $475). This anticipates that a code compliance officer will conduct a windshield survey of a vacant residential building every month and prepare a report, requiring 15 minutes of time each month. A resolution is recommended for adoption to amend the City's Comprehensive Fee Schedule adopted by Resolution 23584 on July 15, 2015, to incorporate the new "Annual Vacant Commercial Building Monitoring" fee and "Annual Vacant Residential Building Monitoring" fee. SUBMITTED: Marcus L. Fuller, Asst. City Manager Edward Z. Kotkin, City Attorney David H. Ready, City ManegVF ATTACHMENTS: 1. Legislative Draft of Ordinance, as introduced 2. Ordinance No. 1949 for adoption 3. Resolution 03 ATTACHMENT 1 04 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 ear 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. RFDI.INF.1.5.19 1 05 Ordinance No. 1949 Page 2 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. (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. REDLINE 1.5 N 2 06 Ordinance No. 1949 Page 3 (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. went (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. (j) Due to the potential economic and public health, welfare and safety problems caused by vacant buildings, the City need's to monitor them, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained, and do not 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 REDLINE 1.5,13 3 07 Ordinance No. 1949 Page 4 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. (kt(KL This Chapter need not regulate condominiums because issues arising from and related to vacant condominiums are best managed by a homeowners` association enforcing covenants, conditions and restrictions. jI) 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 (ii) the owner, owner or record, or a duly authorized agent, servant, assign, employee or contractor acting or providing aeni.WE 1.5.19 4 08 Ordinance No. 1949 Page 5 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. "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. REDLINE.1.5.15 5 _ 0 (] Ordinance No. 1949 Page 6 (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: 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 RFDLme 1s.18 6 10 Ordinance No. 1949 Page 7 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. RFDI,I',F.1.5.18 7 Ordinance No. 1949 Page S "Building Official" means the Director of the Department of Building and Safety for the City. "Business Days" means dates upon which City Hall for the City of Palm Springs is open. "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. "Condominiums" means single-family residences located in a multi- unit, multi-family complex, the units of which are individually owned, but share joint ownership of common areas, facilities, and passageways, if any, and are governed by a homeowners' association, and subject to covenants, conditions and restrictions recorded in the Official Records of Riverside County. "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., 2nd 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. REDLINE 1.5.18 g 12 Ordinance No. 1949 Page 9 "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, Ran;GH eadMesguite Avenue 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. "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 REDLINE 1.5.18 9 . 13 Ordinance No. 1949 Page 10 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. "Primary Commercial Corridor" means any major arterial identified in the circulation element of the City's General Plan. RF.DLIv6 1.5.I9 10 - 14 Ordinance No. 1949 Page 11 "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, anon any Primary Commercial Corridor, or within such other geographic areas of the City determined by the City Manager, chosen as an 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. REDL N E I A 18 - 15 Ordinance No. 1949 Page 12 "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, with the exception of condominiums, 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 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. RF.DLIYF.1.5.18 12 16 Ordinance No. 1949 Page 13 (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; (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; RE.DLME 1.5.18 13 17 Ordinance No. 1949 Page 14 (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; REDLINE 1.5.18 14 Ordinance No. 1949 Page 15 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; x. Compliance with any alternative or additional methods of securing a building in the Downtown/Uptown, along, Primary Commercial Corridors or e+i-identified as an Historic Building or 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 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. RFDLINF.1.5.I8 1 19 Ordinance No. 1949 Page 16 (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 property or residential building or structure, excluding any building or structure in Downtown/Uptown, along a Primary Commercial Corridor, and a44yidentified as an Historic Building or 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, (ii) 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, along a Primary Commercial Corridor, or e4dentified as an Historic Building or 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 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 REDLINE 1.5A 16 20 Ordinance No. 1949 Page 17 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 REDLINE 1.5,13 17 2 Ordinance No. 1949 Page 18 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 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 building or structure, approved by the Building Official. RFDI.NE 1.5.1.4 18 22 Ordinance No. 1949 Page 19 (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 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. RFDLINF 1.5.1S 19 _ 23 Ordinance No. 1949 Page 20 (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. (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 RFDLIN F.1.5.1 Y 20 24 Ordinance No. 1949 Page 21 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 Official of any change of information contained in the registration within ten (10) days of the change. (j) 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 r^rp�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 G^Rq,T,eFGi al buildings which become vacant; REDLINE 1.5.19 21 Ordinance No. 1949 Page 22 (2) To order vacant eemmeFeial 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 e-empAere-ial 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 building found to be substandard as defined in this Chapter or 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—eommeFcital 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 rePARRerrial building monitored pursuant to this Chapter, an annual vacant eemmeKiTal building monitoring fee in an initial amount as the City Council may establish by resolution_for application to residential buildings and commercial properties, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building in ,question. The fee shall be payable as to any vacant building, residential or non-residential, which: RE.DIANE 1.5AS 22 z� Ordinance No. 1949 Page 23 (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 +oe�eW 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 r^� 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 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 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. RFDLINF.1.5.18 23 Ordinance No. 1949 Page 24 (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;, Primary Commercial Corridors, Historic 44eBuildin s or Sites. Within ten (10) business days of registration of a vacant c- +R r-Eial-building in Downtown/Uptown along a Primary Commercial Corridor, or identified as an Historic Building or Site under Section 8.80.130(b) or within five (5) business days of a notice to register such 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 athe vacant c�r �r£+a�-building in question shall include sufficient information related to structure of that building to demonstrate compliance with the following ire uir� _ements: (a) Participation in the Property Improvement Program. (b) All doors, windows, and other openings to a structure must be secure, as follows: REDLINE 1.5.13 24 28 Ordinance No. 1949 Page 25 (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. (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. 4�(e1 The Building Official's approval of a monitoring plan for a vacant building in Downtown/Uptown along a Primary Commercial Corridor, or identified as an Historic Building or Site shall not be unreasonably withheld provided that the plan as submitted complies with the provisions of this Section 8.80.160. ff) 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. RF_DLINF.1.5.18 25 29 Ordinance No. 1949 Page 26 8.80.170 Monitoring Program - E m imi +al- Properties Outside of Downtown/Uptown, Off Primary Commercial Corridors, and not Identified as an Historic Building or Site. Within twenty (20) business days of registration under Section 8.80.130(b) of a vacant ^crier:—building outside of Downtown/Uptown, off Primary Commercial Corridors and not identified as an Historic Building or Site, or within ten (10) business days of a notice to register such a vacant r^ tt 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 n�mr»r.rrin� PFGPe a vacant building in question shall include sufficient information related to the structure of that building to demonstrate compliance with the following requirements: (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: (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 aenLiNe 1s.19 26 30 Ordinance No. 1949 Page 27 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. Ian for a vacant build_ing outside of Downtown/Uptown, not along a Primary Commercial Corridor, and not identified as an Historic Building or Site shall not be unreasonably withheld provided that the plan as submitted complies with the provisions of this Section 8.80.170. (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. 8.80.180 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 REDLINE 1.5.13 27 31 Ordinance No. 1949 Page 28 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. 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; REDLINE 1.5.18 28 32 Ordinance No. 1949 Page 29 (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. (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 HistaFie Properties located outside of the Downtown/Uptown, off Primary Commercial Corridors, and not identified as an REULINE 1.5.19 29 33 Ordinance No. 1949 Page 30 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 subject to this Chapter but not covered by subsection (b) of this Section, and causes, permits, or maintains a4+y1he building or property in question in violation of this Chapter as to that property, shall be isst+edsubiect to issuance of 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 (301h) 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, on a Primary Commercial Corridor, and ai4yidentified as an 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 subiect to this Chapter and located in the Downtown/Uptown, along a Primary Commercial Corridor, or identified as an Historic Building subject to +" Chaptefor Site, and causes, permits, or maintains athe building or property in question in violation of this Chapter as to that building or property, shall be REDLINE 1.5.18 30 34 Ordinance No. 1949 Page 31 issuedsubiect to issuance of 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 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 REDLINE 1.5.18 31 35 Ordinance No. 1949 Page 32 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 ate—administrative penalty rerned-yremedies that isare in addition to all other legal remedies, criminal or civil, which may be pursued by 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 } eHaltypenalties imposed pursuant to the provisions of this Section, when imposed, 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 RFDLINF L51S 32 36 Ordinance No. 1949 Page 33 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. Keni.we.1.5.18 33 37 Ordinance No. 1949 Page 34 (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. REDLINE.1.5.18 34 '3 8 Ordinance No. 1949 Page 35 (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. (c) Property on which overgrown, dead, diseased, or decayed trees, weeds or other vegetation that are likely to harbor rats, pigeons, vermin, and other nuisances, or 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. REDLINE.1.5.B 35 39 Ordinance No. 1949 Page 36 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 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. REDLINE 1.5.19 36 40 Ordinance No. 1949 Page 37 (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. REDLINE 1.5.18 37 f 1 Ordinance No. 1949 Page 38 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 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. REDLINE 1.5.18 38 42 Ordinance No. 1949 Page 39 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 THIS 24th DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN: ABSENT: Rob Moon, Mayor ATTEST: Anthony J. Mejia, MMC City Clerk APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney RMLINE 1.5.18 39 43 ATTACHMENT 2 44 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 Attorneys 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 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. 1 45 Ordinance No. 1949 Page 2 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. (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. 2 46 Ordinance No. 1949 Page 3 (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. (j) 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 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 3 47 Ordinance No. 1949 Page 4 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) This Chapter need not regulate condominiums because issues arising from and related to vacant condominiums are best managed by a homeowners' association enforcing covenants, conditions and restrictions. (1) 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 (ii) the owner, owner or record, or a duly authorized agent, servant, assign, employee or contractor acting or providing 4 48 Ordinance No. 1949 Page 5 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. "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. 5 49 Ordinance No. 1949 Page 6 (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: 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 6 50 Ordinance No. 1949 Page 7 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. 7 51 Ordinance No. 1949 Page 8 "Building Official" means the Director of the Department of Building and Safety for the City. "Business Days" means dates upon which City Hall for the City of Palm Springs is open. "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. "Condominiums" means single-family residences located in a multi-unit, multi-family complex, the units of which are individually owned, but share joint ownership of common areas, facilities, and passageways, if any, and are governed by a homeowners' association, and subject to covenants, conditions and restrictions recorded in the Official Records of Riverside County. "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., 2nd 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. 8 52 Ordinance No. 1949 Page 9 "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, Mesquite Avenue 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. "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 9 53 Ordinance No. 1949 Page 10 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. "Primary Commercial Corridor" means any major arterial identified in the circulation element of the City's General Plan. 10 54 Ordinance No. 1949 Page 11 "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, on any Primary Commercial Corridor, or within such other geographic areas of the City determined by the City Manager, chosen as an 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. ii 55 Ordinance No. 1949 Page 12 "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, with the exception of condominiums, 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 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. 12 56 Ordinance No. 1949 Page 13 (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; (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; 13 57 Ordinance No. 1949 Page 14 (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; 14 58 Ordinance No. 1949 Page 15 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; x. Compliance with any alternative or additional methods of securing a building in the Downtown/Uptown, along Primary Commercial Corridors, or identified as an Historic Building or 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 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. 15 59 Ordinance No. 1949 Page 16 (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 property or residential building or structure, excluding any building or structure in Downtown/Uptown, along a Primary Commercial Corridor, and identified as an Historic Building or 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, (ii) 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, along a Primary Commercial Corridor, or identified as an Historic Building or 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 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. 16 60 Ordinance No. 1949 Page 17 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 17 61 Ordinance No. 1949 Page 18 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 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 building or structure, approved by the Building Official. (2) Alternative Methods of Securing a Building. In addition, upon application for a boarding permit, the Building Official may approve 18 62 Ordinance No. 1949 Page 19 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 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 19 s3 Ordinance No. 1949 Page 20 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. (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. 20 64 Ordinance No. 1949 Page 21 (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 Official of any change of information contained in the registration within ten (10) days of the change. (j) 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 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 buildings which become vacant, (2) To order vacant buildings which are open and accessible to be secured against unlawful entry pursuant to this Title and Chapter of this Code; 21 65 Ordinance No. 1949 Page 22 (3) To order the property on which the vacant 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 building found to be substandard as defined in this Chapter or 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 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 building monitored pursuant to this Chapter, an annual vacant building monitoring fee in an initial amount as the City Council may establish by resolution for application to residential buildings and commercial properties, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building in question. 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. 22 66 Ordinance No. 1949 Page 23 (d) Fee Waiver. The vacant 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 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 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 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 23 67 Ordinance No. 1949 Page 24 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, Primary Commercial Corridors, Historic Buildings or Sites. Within ten (10) business days of registration of a vacant building in Downtown/Uptown, along a Primary Commercial Corridor, or identified as an Historic Building or Site under Section 8.80.130(b) or within five (5) business days of a notice to register such 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 the vacant building in question shall include sufficient information related to structure of that building to demonstrate compliance with the following requirements: (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. 24 618 Ordinance No. 1949 Page 25 (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) The Building Official's approval of a monitoring plan for a vacant building in Downtown/Uptown, along a Primary Commercial Corridor, or identified as an Historic Building or Site shall not be unreasonably withheld provided that the plan as submitted complies with the provisions of this Section 8.80.160. (f) 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 - Properties Outside of Downtown/Uptown, Off Primary Commercial Corridors, and not Identified as an Historic Building or Site. 25 69 Ordinance No. 1949 Page 26 Within twenty (20) business days of registration under Section 8.80.130(b) of a vacant building outside of Downtown/Uptown, off Primary Commercial Corridors, and not identified as an Historic Building or Site, or within ten (10) business days of a notice to register such 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 building in question shall include sufficient information related to the structure of that building to demonstrate compliance with the following requirements: (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: (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. 26 70 Ordinance No. 1949 Page 27 (d) The Building Official's approval of a monitoring plan for a vacant building outside of Downtown/Uptown, not along a Primary Commercial Corridor, and not identified as an Historic Building or Site shall not be unreasonably withheld provided that the plan as submitted complies with the provisions of this Section 8.80.170. (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. 8.80.180 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. 27 71 Ordinance No. 1949 Page 28 (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. 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. 28 72 Ordinance No. 1949 Page 29 (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. (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 Properties located outside of the Downtown/Uptown, off Primary Commercial Corridors, and not identified as an 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 subject to this Chapter but not covered by subsection (b) of this Section, and causes, permits, or maintains the building or property in 29 73 Ordinance No. 1949 Page 30 question in violation of this Chapter as to that property, shall be subject to issuance of 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, on a Primary Commercial Corridor, and identified as an 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 subject to this Chapter and located in the Downtown/Uptown, along a Primary Commercial Corridor, or identified as an Historic Building or Site, and causes, permits, or maintains the building or property in question in violation of this Chapter as to that building or property, shall be subject to issuance of 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 30 74 Ordinance No. 1949 Page 31 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 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 31 75 Ordinance No. 1949 Page 32 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 administrative penalty remedies that are in addition to all other legal remedies, criminal or civil, which may be pursued by 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 penalties imposed pursuant to the provisions of this Section, when imposed, 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 32 76 Ordinance No. 1949 Page 33 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 etseq. 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. (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. 33 77 Ordinance No. 1949 Page 34 (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 34 78 Ordinance No. 1949 Page 35 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. (c) Property on which overgrown, dead, diseased, or decayed trees, weeds or other vegetation that are likely to harbor rats, pigeons, vermin, and other nuisances, or 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 35 79 Ordinance No. 1949 Page 36 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 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. 36 80 Ordinance No. 1949 Page 37 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 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 37 81 Ordinance No. 1949 Page 38 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 CECIA 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. 38 82 Ordinance No. 1949 Page 39 PASSED AND ADOPTED THIS 24TH DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN: ABSENT: Rob Moon, Mayor ATTEST: AnthonyJ. Mejia, MMC City Clerk APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney 39 83 ATTACHMENT 3 84 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR ANNUAL VACANT COMMERCIAL BUILDING AND ANNUAL VACANT RESIDENTIAL BUILDING MONITORING AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 23854. WHEREAS, the City, under various statutory provisions under California Government Code, may set and collect fees for the costs of providing a particular service; and WHEREAS, the City Council on July 15, 2015, adopted Resolution No. 23854 approving a user fee study and approving the Comprehensive Fee Schedule; and WHEREAS, the City Council desires to adopt an Annual Vacant Commercial Building Monitoring fee and Annual Vacant Residential Building Monitoring fee to reflect the reasonable costs of administering a program for identifying and monitoring the maintenance of all vacant commercial buildings in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1. FINDINGS. A. City staff has reasonably analyzed the fee for an Annual Vacant Commercial Building Monitoring and Annual Vacant Residential Building program. The City Council has adopted a new vacant building monitoring program, and has determined owners of affected properties should be subject to a fee to cover the City's administration costs for administering the program. B. The Annual Vacant Commercial Building Monitoring and Annual Vacant Residential Building Monitoring fee shall be adopted to cover some of the City's costs and expenses associated with administering the vacant building monitoring program. C. The cost of such services should be borne by those who are the special beneficiaries rather than the citizenry at large. D. There is a reasonable relationship between the amount of the fee and the estimated probable cost of providing the type of service for which the fee is imposed. E. The fees do not exceed the estimated reasonable cost of providing the service for which the fee is charged. 85 Resolution No. Page 2 Section 2. FEES IMPOSED. A. The City Council hereby adopts and imposes a new fee for Annual Vacant Commercial Building Monitoring and Annual Vacant Residential Building Monitoring. The Comprehensive Fee Schedule, identifying Building Department Fees, as shown on Page 10, relating to Vacant Buildings shall be revised to include the following new fees: VACANT BUILDINGS Annual Vacant Commercial Building Monitoring...................................$1,900.00 Annual Vacant Residential Building Monitoring.................................... $ 475.00 B. Each person required to comply with the provisions of Chapter 8.80.150 of the Palm Springs Municipal Code shall pay the fee at the time they file either annual registration or renewal. C. On July 1 st of each year, the fee for an Annual Vacant Commercial Building Monitoring fee and Annual Vacant Residential Building Monitoring fee shall be automatically adjusted in the same manner as the other fees and charges identified in the Comprehensive Fee Schedule. Section 3. SEVERABILITY. Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to be as invalid, the remaining provisions shall be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid. Section 4. EFFECTIVE DATE. The fee for the Annual Vacant Commercial Building Monitoring and Annual Vacant Residential Building Monitoring adopted by this Resolution shall be effective upon adoption of this Resolution. Section 5. COMPREHENSIVE FEE SCHEDULE. The Director of Finance is hereby authorized and directed to incorporate said modifications and fees into the Comprehensive Fee Schedule, adopted by Resolution No. 23854. 86 Resolution No. Page 3 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 24TH DAY OF JANUARY, 2018. David H. Ready, City Manager ATTEST: Anthony J. Mejia, MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 24, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, MMC, City Clerk City of Palm Springs, California 87