HomeMy WebLinkAbout1/3/2018 - STAFF REPORTS - 3.B. � a
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c4tl FOR CITY COUNCIL STAFF REPORT
Date: January 3, 2018 LEGISLATIVE
Subject: PROPOSED 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
From: David H. Ready, City Manager
Initiated by: Office of the City Manager & City Attorney
SUMMARY
The City Council has previously declared that vacant buildings are a major cause and
source of blight in both residential and non-residential neighborhoods. The City Council
will consider the adoption of an Ordinance that repeals and replaces Chapter 8.80
"Maintenance of Long-Term Boarded and Vacated Buildings," as "Vacant Buildings;
Blighted Property," adds Chapter 11.72.162 "Blighted Property," and amends Chapter
11.72.170 "Property Maintenance," Chapter 11.72.197 "Abatement of dangerous or
substandard buildings and structures," and Chapter 11.72.245 "Summary Abatement" of
the Palm Springs Municipal Code. The proposed Ordinance is intended to expand the
definition of blighted property, and to identify general property maintenance as a public
nuisance under the City's codes, in an effort to provide the City with additional
resources for managing long-term vacant buildings as a means of proactively ensuring
for adequate building maintenance by property owners.
RECOMMENDATION:
1. Waive reading of the text and introduce for first reading Ordinance No.
"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
ITEM NO. r..=_
City Council Staff Report
January 3, 2018— Page 2
Vacant Building Ordinance Amendment
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."
BACKGROUND:
The City has a long-standing history of identifying what constitutes a public nuisance,
and the process by which the City can follow for pursuing abatement of public
nuisances, which started in 1966 with the City's first adoption of a municipal code
relating to public nuisances, and later amendments adopted in 1983, 1993, 2006, and
most recently in 2008, when the City Council adopted Ordinance No. 1746 amending
and restating Chapter 8.80 of the Palm Springs Municipal Code ("PSMC") to provide the
City with an adequate ability to pursue nuisance abatement for vacant and abandoned
properties.
As the economic recession has abated, and the local economy has improved with
renewed development activity, staff recommends that the City utilize its staff and
resources in the Building & Safety Department to increase attention to the vacant
building monitoring program. This additional enforcement will also include proactive
education by the City to facilitate full-awareness that failure to comply with the City's
codes in returning vacant commercial buildings to active re-use (through sale, lease or
rent) within 90 days — or providing a renovation plan — will cause the property owner to
be subject to administrative penalties of$1,500 or as much as $25,000 monthly.
More importantly, however, staff is recommending that Chapter 8.80 of the PSMC be
amended and superseded by an updated Chapter 8.80 to improve upon the City's ability
to enforce vacant building maintenance regulations. Generally, the following important
changes are proposed:
• Section 8.80.100 "Findings and Purpose," has been expanded to include appropriate
legal findings for the implementation of the updated regulations of building
maintenance.
• Section 8.80.110 "Definitions," has been updated to include definitions for applicable
terms, and to expand the definition of"Blight" and "Blighted Property".
• Section 8.80.125 "Boarding; Permit; Standards," new Section added to identify
requirements and standards for boarding of doors, windows and openings of vacant
buildings, including the requirement to obtain a permit therefore.
• Section 8.80.150 "Monitoring Program — Departmental Responsibility and Fees," has
been updated to require the monitoring program to apply to vacant commercial
buildings — not to vacant residential buildings'. The purpose of the monitoring
' The City maintains its code enforcement authority pursuant to Chapter 11.72 "Public Nuisances" of the
Palm Springs Municipal Code, to pursue abatement and/or demolition of residential properties that
constitute blight and a public nuisance. The intent of the vacant building monitoring program is more
applicable to commercial buildings, wherein the proposed Ordinance enforces a public policy to ensure
s
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City Council Staff Report
January 3, 2018— Page 3
Vacant Building Ordinance Amendment
program and related fees is to ensure that property owners of vacant commercial
buildings are actively maintaining and preparing those buildings for sale, lease or
rent.
• Section 8.80.160 "Monitoring Program — Downtown/Uptown; Historic Site," new
Section added to require a specific monitoring plan for vacant commercial buildings
located in the Downtown or Uptown areas, or for Class 1 Historic buildings or sites,
allowing for participation in a Property Improvement Program ("PIP"), and specifying
the minimum requirements for such monitoring plans, including requirements for
monthly reporting. Note — the proposed Code defines "Downtown/Uptown" as: the
area bounded by Vista Chino on the north, Palm Canyon Drive (Vista Chino to Alejo
Road) and Belardo Road (Alejo Road to Ramon Road) on the west, Ramon Road on
the south, and Indian Canyon Drive on the east, including that portion west of
Belardo Road extending to Museum Drive and located north of Tahquitz Canyon
Way. This definition includes those properties located on either side of those streets
establishing the boundary defined herein, but excluding the east side of Indian
Canyon Drive between Alejo Road and Ramon Road.2
• Section 8.80.170 "Monitoring Program — Commercial Properties Outside of
Downtown/Uptown," new Section added to require a specific monitoring plan for
vacant commercial buildings located outside of the Downtown or Uptown areas, and
specifying the minimum requirements for such monitoring plans, including
requirements for monthly reporting.
• Section 8.80.200 "Specific Violations," new Section added to declare it is unlawful
for an owner of property to allow an vacant building to be
and a public nuisance9
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maintained inconsistent with the proposed Code.
• Section 8.80.210 "Violations; Enforcement," new Section added to expand, increase
and clarify the administrative penalties which apply to property owners failing to
comply with the proposed Code, with significant monthly increases in administrative
penalties imposed for continuing non-compliance, differing based upon the location
and nature of the vacant building, civil enforcement remedies vis a vis abatement
action, enhancement of criminal penalties related to vacant building violations, and
identification of the City's remedy through receivership. The administrative penalties
have been adjusted as follows:
All properties located outside of Downtown/Uptown:
(i) initial penalty: $1,500 (increased from $1,000)
(ii) second penalty: $3,000 (increased from $2,500)
(iii) third and subsequent penalties: $15,000 per month*
*(increased from $5,000 per month)
vacant buildings are being actively maintained or prepared for sale, lease or rent, with a stated policy that
no building should stand vacant for more than 90 days.
2 The definition of"Uptown/Downtown" has excluded the east side of Indian Canyon Drive within "Section
14" pursuant to a request by the Tribe.
City Council Staff Report
January 3, 2018—Page 4
Vacant Building Ordinance Amendment
New administrative penalties for commercial properties located in Downtown/Uptown or
Class 1 Historic Buildings:
(i) initial penalty: $2,500
(ii) second penalty: $5,000
(iii) third and subsequent penalties: $25,000 per month
This Section also provides that the administrative penalties imposed by Building Official
are subject to an appeal to the Administrative Appeals Board.
It is also important to emphasize and clarify the fact that poor property maintenance,
including vacant buildings, if not maintained pursuant to the PSMC, represents blight
and a public nuisance, such that the City can legally pursue public nuisance abatement
efforts against the property owner. In furtherance of this, and as a corollary to the
clarified civil remedies in Chapter 8.80, staff recommends that the City Council consider
the following code revisions pertaining to nuisances in the City:
• Add Section 11.72.162 "Blighted Property," to the PSMC, to read: 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.
• Revise Section 11.72.170 "Property Maintenance," to significantly expand the
definition of property maintenance and the requirement for properly maintaining all
properties, all buildings, all site improvements, and all landscaping improvements,
with a public declaration that overgrown or dead vegetation and the lack of
maintenance of grounds are a public nuisance.
• Revise Section 11.72.197 "Abatement of Dangerous or Substandard Buildings and
Structures," to incorporate the City's enforcement actions identified in Chapter 8.80,
including imposition of civil penalties, and the City's ability to summarily abate
nuisances pursuant to Section 11.72.245.
• Revise Section 11.72.245 "Summary Abatement," to significantly expand the rights
of the City, through the City Manager, to summarily abate imminently dangerous
public nuisances, and identifying the process for such notification to property
owners.
However, Chapter 8.80 does include provisions for a property owner to establish by
substantial evidence to the satisfaction of the Building Official that the vacant building did
not constitute a public nuisance by ensuring:
1. The vacant building is the subject of "Active Construction," a defined term that closes
a loophole through which abandoned projects might otherwise slip;
2. The vacant building meets all applicable codes, is actively maintained, is ready for
occupancy, and is actively being offered for sale, lease or rent; or
3. The vacant building does not contribute to and is not likely to contribute to blight due
to active maintenance and monitoring by the property owner.
04
City Council Staff Report
January 3, 2018— Page 5
Vacant Building Ordinance Amendment
Staff notes that the proposed Ordinance does provide for the City's recovery of
abatement costs and attorneys' fees related to civil legal action that the City must file in
relation to abatement.
A copy of the proposed Ordinance is included as Attachment 1, with a legislative draft
showing the amendments to the various existing Codes proposed by the Ordinance
included as Attachment 2.
Review— Agua Caliente Band of Cahuilla Indians
Staff has worked closely with the Agua Caliente Band of Cahuilla Indians ("Tribe") to
ensure that the proposed Ordinance is consistent with the Tribe's requirements, and is
pleased to inform the Council that the Tribe has accepted the Ordinance as presented.
The Tribe's letter in this regard is included as Attachment 2.
Final Recommended Code
Staff has reviewed and updated Chapter 8.80 of the PSMC, and recommends that the
City Council approve the changes which will significantly expand the City's enforcement
regime for vacant commercial buildings throughout the City, including increased
administrative penalties to property owners for failure to rehabilitate and reoccupy
vacant commercial buildings. As referenced in this staff report, the City maintains its
ability to monitor for maintenance of residential properties through its code enforcement
authority under Chapter 11.72 of the Palm Springs Municipal Code; owners of
residential properties that fail to adequately maintain their properties will continue to be
cited as a blighted property and public nuisance, resulting in abatement and/or
demolition as may be necessary.
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.
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
05
City Council Staff Report
January 3, 2018— Page 6
Vacant Building Ordinance Amendment
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). 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.
SUBMITTED:
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Ma cus L. Fuller, Asst. City Manager Edward Z. Kotkin, City Attorney
Y
David H. Ready, City Manager
ATTACHMENTS:
1. Proposed Ordinance
2. Legislative Draft of Proposed Code Changes
3. Tribal Comment Letter
4. Resolution
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER
8.80 OF, ADDING SECTION 11.72.162 TO, AND AMENDING
SECTIONS 11.72.170, 11.72.197 AND 11.72.245 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO VACANT
BUILDINGS AS BUILDING CODE VIOLATIONS AND/OR
PUBLIC NUISANCES, AND PROVIDING FOR THE
ABATEMENT OF BLIGHTED PROPERTY.
City Attorney's Summary
This Ordinance amends and supersedes Chapter 8.80 of the
City's Municipal Code relating to vacant buildings, and the
identification of non-maintained vacant buildings as
building code violations and/or public nuisances. The
Ordinance also requires registration of all vacant buildings
with the City, local property management of any property
incorporating a vacant building, and provides for
administrative programs to monitor all vacant commercial
buildings, including boarded buildings, and imposes fees
and civil penalties in furtherance of said programs, as well
as administrative review and appeal opportunities. This
Ordinance also adds Section 11.72.161 to the Code, finding
blight a public nuisance, amends Section 11.72.170, relating
to property maintenance, and amends Section 11.72.197,
authorizing the Building Official to abate dangerous,
substandard or unsafe buildings. This Ordinance also
amends Section 11.72.245, which provides for City Manager
authorization of summary abatement proceedings, and
notice to owners of property subject to summary
abatement.
12.28.17 1 J
Ordinance No.
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.
1228.n 2 0 :.J
Ordinance No.
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. To represent
(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
12.28.17 3 {:t
Ordinance No.
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) 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
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.
iz zs.17 4
Ordinance No.
Page 5
"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.
(3) A building or structure which is in a state of disrepair:
12.28.17 5 i.
Ordinance No.
Page 6
(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
iv. Are likely to attract use as shelter by transients.
1228.17
6 i ,j
Ordinance No.
Page 7
(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.
12.28.17 7 4
Ordinance No.
Page 8
"Building Official" means the Director of the Department of Building and
Safety for the City.
"Buyer" means any person, partnership, association, corporation,
fiduciary, or other legal entity that agrees to transfer anything of value in
consideration for real property via an "agreement.
"Commercial Properties" means all properties in the City that are not
developed for solely single family residential uses. The term "commercial
properties" includes apartment buildings that include five (5) or more rental
units.
"Deed of Trust" means an instrument whereby an owner of real property,
as trustor, transfers a secured interest in real property to any third party
trustee, said instrument relating to a loan issued in the context of a real
property transaction. This definition applies to any and all subordinate deeds of
trust i.e., 2"d trust deed, 3 d trust deed, etc.
"Deed in Lieu of Foreclosure" means a recorded instrument that transfers
ownership of real property between parties to a particular Deed of Trust as
follows - from the trustor, i.e., borrower, to the trustee upon consent of the
beneficiary, i.e., lender.
"Default" means the material breach of a legal or contractual duty arising
from or relating to a Deed of Trust, such as a trustor's failure to make a payment
when due.
"Development Related Agreement" means an agreement between the
City and at least one other person or entity whereby an owner secures the
authorization and approval of the City, whether through a duly authorized
written contract, or via a land use permit or entitlement approval, to pursue a
development or redevelopment project at a property where one or more
abandoned building or structure, and/or vacant building is located.
"Distressed" means any building, structure or real property that is subject
to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax
12.28.17 8
Ordinance No.
Page 9
Assessors Lien Sale and/or any real property conveyed via a Foreclosure sale
resulting in the acquisition of title by an interested beneficiary of a Deed of
Trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale,
regardless of vacancy or occupancy by a person with no legal right of occupancy.
"Downtown/Uptown" means the area bounded by Vista Chino on the
north, Palm Canyon Drive (Vista Chino to Alejo Road) and Belardo Road (Alejo
Road to Ramon Road) on the west, Ramon Road on the south, and Indian
Canyon Drive on the east, including that portion west of Belardo Road extending
to Museum Drive and located north of Tahquitz Canyon Way. This definition
includes those properties located on either side of those streets establishing the
boundary defined herein, but excluding the east side of Indian Canyon Drive
between Alejo Road and Ramon Road.
"Enforcement Official" means the Building Official, the Chief of Police, the
Fire Chief and/or their respective designees and/or the designees of the City
Manager.
"Evidence of Vacancy" means any real property condition that
independently, or in the context of the totality of circumstances relevant to that
real property would lead a reasonable Enforcement Official to believe that a
property is vacant or occupied by a person without a legal right of occupancy.
Such real property conditions include but are not limited to: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility
notices or disconnected utilities; accumulation of trash, junk or debris; the
absence of window coverings such as curtains, blinds or shutters; the absence of
furnishings or personal items consistent with residential habitation; and/or
statements by neighbors, passersby, delivery agents, or government employees
that the property is vacant.
"Foreclosure" means the process by which real property subject to a Deed
of Trust is sold to satisfy the debt of a defaulting trustor, i.e., borrower.
"Historic Building or Site" shall mean any building, structure, or site
previously designated a "Class 1" historic structure or site by the City Council
pursuant to the provisions of Chapter 8.05 of this Code, which building or site is
I128.17 9 . . 16
Ordinance No.
Page 10
not located on lands owned by the United States for the benefit of the Agua
Caliente band of Cahuilla Indians, one of its members, any member of any other
federally recognized Indian tribe, or subject to a restriction against alienation
imposed by the United States.
"Local" means within forty (40) driving miles of the building, structure, or
real property in question.
"Notice of Default" means a recorded instrument that reflects and
provides notice that a Default has taken place with respect to a Deed of Trust,
and that a beneficiary intends to proceed with a trustee's sale.
"Out of Area" means in excess of forty (40) road or driving miles of the
subject property.
"Owner" means any person, partnership, association, corporation,
fiduciary or other legal entity having a legal or equitable title or any interest in
real property.
"Owner of Record" means the person or entity holding recorded title to
the real property in question at any point in time when Official Records are
produced by the Riverside County Recorder's Office.
"Property" means any improved real property interest or estate which
may be granted or devised by deed. The word "property" includes tracts, lots,
easements, or parcels of land incorporating improvements.
"Property Improvement Program" or "PIP" means a program that allows
artwork or other approved displays to be installed by the City within
Downtown/Uptown, or such other geographic areas of the City determined by
the City Manager, chosen as an 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
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Ordinance No.
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the public shall participate in the PIP upon registration of the vacant building as
prescribed in Section 8.80.130. A copy of each PIP shall be made available in the
Office of the City Clerk.
"Securing" means such measures as may be directed by the Enforcement
Official that assist in rendering real property inaccessible to unauthorized
persons in addition to boarding doors and windows, including, but not limited
to, repairing fences and walls, chaining/padlocking gates and erecting barrier
fences.
"Substandard" means any condition which is defined as constituting a
substandard building or dwelling as defined by California Health and Safety Code
Section 17920.3 et seq. or as defined by the California Building Code or as
otherwise identified as an "unsafe building" or "unsafe structure" under Section
8.04.310 Part 2 of this Code.
"Trustee" means any person, partnership, association, corporation,
fiduciary or other legal entity holding a Deed of Trust securing an interest in real
property.
"Trustor" means any owner/borrower identified in a Deed of Trust, who
transfers an interest in real property to a trustee as security for payment of a
debt by that owner/trustor.
"Vacant building" means a building where at least thirty-five percent
(35%) of the total floor area within the building is not lawfully occupied.
8.80.115 Application of Chapter; Authority of Enforcement Official,
Exemption from Chapter.
(a) The provisions of this Chapter shall apply generally to all improved real
property throughout the City of Palm Springs where any of the conditions
specified in this Chapter are found to exist.
(b) Provisions of this Chapter are to be supplementary, complementary and
cumulative to all of the provisions of the Palm Springs Municipal Code, state
1L2&17 11
Ordinance No.
Page 12
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 adopte
d
by the City, the most restrictive, affirmatively demanding, or punitive
requirement shall prevail.
(d) The Enforcement Official is authorized and directed to use the provisions of
this Chapter for the purpose of abating those conditions defined by this Chapter
as a public nuisance or abating the unlawful conditions defined in this Chapter.
(e) In the event that the City enters a development related agreement with the
owner and/or developer of a property incorporating the partial or total
demolition, repair, reconstruction, and/or preservation of one or more
abandoned building or structure or vacant building located at the property, the
abandoned building(s) or vacant building(s) in question shall be exempt from
application of this Chapter.
(f) In the instance of any abandoned building or structure, or vacant building
exempt from application of this Chapter pursuant to this Subsection 8.80.115(e),
the property and each building or structure located at the property shall be
owned, managed, and maintained in strict accord with the terms and conditions
of the applicable development related agreement.
(g) In the event that the City Manager or his designee determines, in an exercise
of his/her sole discretion that an owner is in default with respect to any term or
condition of a development related agreement through which any abandoned
building or structure, or vacant building is exempt from application of this
Chapter, City shall issue written notice to that owner that if the default in
question is not cured in its entirety within thirty (30) days of the issuance of said
notice, that the exemption provided by Subsection 8.80.115(e) shall be revoked,
12.28.17 12 t
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Ordinance No.
Page 13
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;
(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;
12,28.17 13 2
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Ordinance No.
Page 14
ii. Maintenance of the exterior of the building including, but not
limited to, paint, finishes, windows, doors, and signage in good
condition and in compliance with this Chapter;
iii. Any sign which advertises a use or business not being made on
the premises, the name of the owner or user, or which identifies a
product, an interest, service, or entertainment not available on the
premises is prohibited;
iv. Regular removal of all exterior trash, debris and graffiti;
v. Maintenance of the building in continuing compliance with all
applicable codes and regulations;
vi. Prevention of criminal activity on the premises including, but not
limited to, use and sale of controlled substances, prostitution and
criminal street gang activity;
vii. Windows screened: (1) in a manner approved under Zoning
Code Section 94.04.00 (Architectural Approval), including review by
the Architectural Advisory Committee; or (2) election upon
registration of a vacant building to participate in the Property
Improvement Program;
viii. Securing the property in a manner so as not to be accessible to
unauthorized persons. Secure manner includes, but is not limited
to, closing and locking of windows, doors (walk-through, sliding and
garage), gates and any other opening that may allow access to the
interior of the property and or structure(s) and/or the erection of
temporary construction fencing approved by the Enforcement
Official for not more than 180 days. In the case of broken windows,
securing includes the replacement of the broken window;
ix. Maintaining sufficient utility services to provide power for any
alarm or security system and to properly irrigate all landscaping on
the property;
12,28.17 14 2
Ordinance No.
Page 15
x. Compliance with any alternative or additional methods of
securing a building in the Downtown/Uptown or on an Historic Site
as may be imposed by the Enforcement Official. Such methods may
include, but will not be limited to security patrols, alarms, or other
security requirements.
(c) The owner of any boarded building, whether boarded by voluntary action of
the owner or as a result of enforcement activity by the City, shall cause the
boarded building to be rehabilitated for occupancy within ninety (90) days after
the building is boarded and shall comply with the provisions of Subsection (b) of
this Section.
8.80.125 Boarding; Permit; Standards
(a) No person, firm, association or corporation shall erect, install, place or
maintain boards over the doors, windows or other openings of any building or
structure or otherwise secure such openings by a means other than the
conventional method used in the original construction and design of the
building or structure without first applying for and, within ten (10) days of
application, completing all steps necessary to the issuance of a boarding permit
and thereafter having a valid and current boarding permit therefore from the
Building Official.
(b) The Building Official shall issue a boarding permit required by subsection (a)
of this section upon the submission of a written application by the owner of the
property or his/her authorized representative or contractor, upon the payment
of the required fee and upon the confirmation through inspection by the
Building Official that the boarding or other method of securing the building or
structure has been done in compliance with this Section.
(c) The boarding permit issued pursuant to this Section shall authorize the
boarding or other securing of a commercial or residential building or structure,
excluding any building or structure in Downtown/Uptown and any Historic Site,
for a period no greater than ninety (90) days, provided that the following
conditions exist: (i) the boarding has been done in full compliance with this
Section, (ii) the owner or his or her authorized representative has submitted a
12.28.17 15 - -�
Ordinance No.
Page 16
one-time extension request in writing within ten (10) days of the expiration of
the original boarding permit with the required fee, (W) the owner has complied
with all prior orders and notices regarding the boarded property; and fly) the
owner simultaneously submits a detailed plan and timeline for correction,
repair, or rehabilitation of the property or a detailed plan for the sale of the
property to another person, with a provision in the sale for the correction,
repair, or rehabilitation of the property. An extension of an original boarding
permit may be approved once for a period up to but not exceeding ninety (90)
days.
(d) No boarding permit shall be issued for a building or structure in the
Downtown/Uptown or on an Historic Site unless such building or structure has
been damaged by fire, natural disaster, or other emergency situation and the
owner submits a detailed plan and timeline for correction, repair or
rehabilitation of the property and a boarding permit shall be issued for only such
time as the Building Official reasonably determines is necessary to affect such
repairs or rehabilitation.
(e) No boarding permit for a building or structure may be extended beyond the
periods of time identified in Subsections (c) and (d) of this Section, and the
Building Official shall accept no new application for a boarding permit for any
Property that has already been subject to permitted boarding, inclusive of any
permitted extension of same, less than one year after the date of expiration of
the boarding permit. The only exception to this prohibition of shall be as follows.
Upon the submission of a written application by the owner of the property or
the owner's duly authorized representative or contractor, upon the payment of
the required fee, upon the confirmation through inspection by the Building
Official that the boarding or other method of securing the building or structure
has been done in compliance with this Section, and upon demonstration that
"good cause" for the renewal exists.
(1) "Good cause" shall require a factual showing by the owner that the
permit renewal is made necessary by conditions or events beyond the
owner's control, such as inability to obtain financing for repair or
rehabilitation, inability to locate a suitable buyer, unanticipated delays in
construction or rehabilitation, or unanticipated damage to the property;
and
12.28.17 16 " °
Ordinance No.
Page 17
(2) In addition, where appropriate, "good cause" shall also require a
factual showing by the owner that he/she has exercised reasonable and
due diligence in attempting to complete the needed repair, rehabilitation
or correction or in attempting to sell, rent or lease the property. In the
event that the Building Official determines that there exists good cause to
renew the permit and that all other conditions are met, the permit may
be renewed by the Building Official for a period of up to, but not more
than, an additional three (3) months, subject to all of the same conditions
imposed on the original permit.
(f) The fees for the initial boarding permit and extension/renewal permit shall be
as established from time to time by the City Council.
(g) The boarding of the doors, windows or other openings of any building or
structure or any means of securing such openings, other than by the
conventional method used in the original construction and design of the
building or structure, shall comply with the following minimum standards:
(1) Securing by Boarding.
(i) Windows: Windows and similar openings shall be boarded with
exterior grade plywood of a minimum thickness of % inch or its
equivalent. Vent holes may be required, as deemed necessary by
the Building Official. The plywood shall be secured in place by 2"x4"
or 4"x 4" crossmembers, secured to the plywood by 3/8 inch plated
carriage bolts with large washers at each end and with the
crossmember turned so that the 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.
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Ordinance No.
Page 18
(ii) Exterior doors: Exterior doors shall be boarded with exterior
grade plywood of a minimum thickness of % 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
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
12.28.17
Ordinance No.
Page 19
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
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
12.28.17 19
Ordinance No.
Page 20
(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.
(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
1 z.28.v 20 '�
Ordinance No.
Page 21
The fee for registering and re-registering a vacant building shall be set, from
time to time, by resolution of the City Council. The amount of the fee charges
shall not exceed the reasonable estimated cost of administering the provisions
of this Chapter. Registration fees are non-refundable and may not be pro-rated.
8.80.150 Monitoring Program - Departmental Responsibility and Fees.
(a) Authority. The Building Official shall be responsible for administering a
program for identifying and monitoring the maintenance of all vacant
commercial buildings in the City. The program shall be documented and
regularly updated. All written documentation pertaining to the program shall be
available for public review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify commercial buildings which become vacant;
(2) To order vacant commercial buildings which are open and accessible
to be secured against unlawful entry pursuant to this Title and Chapter of
this Code;
(3) To order the property on which the vacant commercial building is
located to be properly maintained of overgrown vegetation or cleared of
trash and debris;
(4) To initiate proceedings against the owner and/or the owner of record
of any vacant commercial building found to be substandard as defined in
this Chapter or a nuisance under Title 11 of this Code; for purposes of this
Chapter, failure to comply with Section 8.80.120(b)(3)(vii) related to
storefront window coverings is hereby declared a public nuisance and is
thereby subject to all available legal remedies to cure said nuisance;
(5) To maintain surveillance over vacant commercial buildings so that
timely code enforcement proceedings are commenced in the event the
property becomes substandard or a nuisance; and
12.28.17 21 20
Ordinance No.
Page 22
(6) To establish and enforce rules and regulations for the implementation
and compliance with the Property Improvement Program as defined in
Section 8.80.110.
(7) To identify blighted property and to initiate proceedings against the
owner of record of any blighted property for failure to remedy such
blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant commercial
building monitored pursuant to this Chapter, an annual vacant commercial
building monitoring fee in an initial amount as the City Council may establish by
resolution, provided that the fee shall not exceed the estimated reasonable cost
of monitoring the vacant building. The fee shall be payable as to any vacant
building, residential or non-residential, which:
(1) Is boarded up by voluntary action of the owner or as the result of
enforcement activities by the City; or
(2) Is vacant for more than ninety (90) days for any reason.
(d) Fee Waiver. The vacant commercial building monitoring fee may be waived,
in whole or in part, only upon an application to the Building Official or an appeal
as described below, provided that the Building Official or Administrative Appeals
Board finds, by a preponderance of documentary evidence submitted by the
owner, that%
(1) The owner is engaged in Active Construction directed toward restoring
or preserving the building to occupancy, provided that said Active
Construction is occurring during the initial term of an applicable building
permit as determined by the Building Official; or
(2) The building meets all applicable codes and is actively being offered
for sale, lease, or rent.
2 12.28.17 22 0)
Ordinance No.
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(e) Procedure. The vacant commercial building monitoring fee shall be billed to
the owner of the property and mailed to the owner's address as set forth on the
last equalized assessment roll of the County Assessor. Any owner billed may
apply for a waiver on the grounds set forth in Subsection (d) of this Section by
submitting a written statement of the grounds for the waiver, together with
supportive documentary evidence and the owner's daytime telephone number,
to the Building Official within thirty 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
said assessment may be collected at the same time and in the same manner as
ordinary real property taxes are collected and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as provided
for ordinary real property taxes. All laws applicable to the levy, collection, and
enforcement of real property taxes are applicable to the special assessment.
(h) The City Council may also cause a notice of lien to be recorded. The notice
shall, at a minimum, identify the record owner or possessor of the property, set
forth the last known address of the record owner or possessor, a description of
the real property subject to the lien, and the amount of the fee.
8.80.160 Monitoring Program - Downtown/Uptown; Historic Site.
1228.17 23 �
Ordinance No.
Page 24
Within ten (10) days of registration of a vacant commercial building in
Downtown/Uptown under Section 8.80.130(b) or within five (5) days of a notice
to register a vacant building from the Enforcement Official, the owner, owner of
record, the beneficiary, or trustee shall submit a monitoring plan to the Building
Official for review and approval. At a minimum, the monitoring plan for a
vacant commercial building in Downtown/Uptown or a vacant Historic Building
or Site shall include the following components:
(a) Participation in the Property Improvement Program.
(b) All doors, windows, and other openings to a structure must be secure, as
follows:
(1) Doors and windows must be in place and secure.
(2) All openings that are not secured by doors or windows shall be
boarded pursuant to Section 8.80.125 of this Chapter.
(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
12,28.17 24
Ordinance No.
Page 25
licensed security agency operating in Palm Springs and providing regular
surveillance of the vacant building as part of the agency's security route.
(e) A monthly report from the property owner or the property owner's
representative or property management company that identifies each date
inspections were performed for the reporting period and a statement affirming
that the building interior, exterior, and the entire site was inspected, the
landscaping is maintained in good condition, and that all buildings are secure.
8.80.170 Monitoring Program - Commercial Properties Outside of
Downtown/Uptown.
Within twenty (20) days of registration under Section 8.80.130(b) of a vacant
commercial building outside of Downtown/Uptown or within ten (10) days of a
notice to register a vacant commercial building outside of Downtown/Uptown
from the Enforcement Official, the owner, owner of record, the beneficiary, or
trustee shall submit a monitoring plan to the Building Official for review and
approval. At a minimum, the monitoring plan for commercial properties shall
include the following components:
(a) All doors, windows, and other openings to a structure must be secure, as
follows:
(1) Doors and windows must be in place and secure.
(2) All openings that are not secured by doors or windows shall be
boarded pursuant to Section 8.80.125 of this Chapter.
(b) Temporary site perimeter fencing must be pre-approved by the Planning
Services and Building and Safety Departments and may remain in place for a
period of no more than sixty (60) days unless a permit is issued for construction.
(c) Property must be continuously monitored, as follows:
(1) Buildings with fire sprinkler systems must be maintained in working
order.
Q 28.17 25
Ordinance No.
Page 26
(2) Buildings with a centralized and registered fire and burglar alarm
system must be maintained in working order, and monthly reports
showing continued and active service shall be submitted to the Building
Official.
(3) Buildings without fire sprinkler systems or fire alarm or burglar alarm
systems shall be provided with continuous physical monitoring by means
of an onsite patrol.
(d) A monthly report from the property owner or the property owner's
representative or property management company that identifies each date
inspections were performed for the reporting period and a statement affirming
that the building interior, exterior, and the entire site was inspected, the
landscaping is maintained in good condition, and that all buildings are secure.
8.80.180 Local Property Management Requirement
(a) If a property is determined to be vacant, and the property is owned by a
corporation and/or out of area beneficiary/trustee/owner, a local property
management company with a business license in the City shall be contracted to
perform weekly inspections to verify that the requirements of this section, and
any other applicable laws, are being met.
(b) The property shall be posted with the name and 24-hour contact phone
number of the local property management company. The posting shall be no
less than 18" X 24", shall be of a font that is legible from a distance of forty-five
(45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED
BY ," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and
phone number)".
(c) The posting shall be placed on the interior of a window facing the street to
the front of the property so it is visible from the street, or secured to the
exterior of the building/structure facing the street of the front of the property
so it is visible from the street. If no such area exists, the posting shall be on a
stake of sufficient size to support the posting, in a location that is visible from
12,28.17 26 33
Ordinance No.
Page 27
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;
1228.17 27 34
Ordinance No.
Page 28
(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-Historic Properties located outside of the
Downtown/Uptown. Any person, partnership, association, corporation,
fiduciary, or other legal entity that owns, leases, occupies, controls or manages
1228.17 28 35
Ordinance No.
Page 29
any building or property subject to this Chapter but not covered by subsection
(b) of this Section, and causes, permits, or maintains any violation of this
Chapter as to that property, shall be issued a citation and liable for
administrative penalties as follows:
(1) On the administrative penalty due date, as determined by the
Enforcement Official as described in subsection (c) of this Section, each
party subject to an abatement order shall pay an administrative penalty of
one thousand five hundred dollars ($1,500.00).
(2) In the event that a violation of this Chapter addressed by an
abatement order has not been abated, cured, remedied and/or
eliminated to the reasonable satisfaction the Building Official by the
thirtieth (30th) day after the administrative penalty due date, each party
subject to said abatement order shall pay a supplemental administrative
penalty of three thousand dollars ($3,000.00).
(3) In the event that a violation of this Chapter addressed by an
abatement order has not been abated, cured, remedied and/or
eliminated to the reasonable satisfaction of the Building Official by the
sixtieth (60th) day after the administrative penalty due date, each party
subject to said abatement order shall pay a subsequent supplemental
administrative penalty of fifteen thousand dollars ($15,000.00) for each
calendar month, or portion thereof, the vacant building is in violation of
the provisions of this Chapter.
(b) Administrative Penalty for Properties located in Downtown/Uptown and any
Historic Building or Site. Any person, partnership, association, corporation,
fiduciary, or other legal entity that owns, leases, occupies, controls or manages
any building or property in the Downtown/Uptown or Historic Building subject
to this Chapter, and causes, permits, or maintains a violation of this Chapter as
to that property, shall be issued a citation and liable for administrative penalties
as follows:
(1) On the administrative penalty due date, as determined by the
Enforcement Officer as described in subsection (c) of this Section, each
12,28.n 29 36
Ordinance No.
Page 30
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
12.28_17 30 3
Ordinance No.
Page 31
confirm the assessment and thereafter said assessment may be collected
at the same time and in the same manner as ordinary real property taxes
are collected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary real
property taxes. All laws applicable to the levy, collection, and
enforcement of real property taxes are applicable to the special
assessment.
(3) The City Council may also cause a notice of lien to be recorded. The
notice shall, at a minimum, identify the record owner or possessor of the
property and set forth the last known address of the record owner or
possessor, the date on which the penalty was imposed, a description of
the real property subject to the lien, and the amount of the penalty.
(d) Appeal of Administrative Penalty. The administrative penalty may be
appealed, in whole or in part to the Administrative Appeals Board pursuant to
Chapter 2.50 of this Code.
(e) Non-Exclusive Remedy. This Section provides an administrative penalty
remedy that is in addition to all other legal remedies, criminal or civil, which
may be pursued by the City to address any violation of this Chapter, including
without limitation Sections 1.01.165, 1.01.170, 1.01.171, and 1.01.240 of this
Code. The administrative penalty imposed pursuant to the provisions of this
Section shall be in lieu of the administrative citation penalties imposed pursuant
to the provisions of Section 1.06.040 of this Code.
(f) Abatement. Where the condition of the property constitutes a dangerous,
substandard, or unsafe building, the Building Official may, in an exercise of the
Building Official's discretion, and in addition to the issuance of any citation(s),
the imposition of any administrative penalties, or pursuit of any other remedies
pursuant to this Chapter and Code, abate such dangerous, substandard, or
unsafe building pursuant to the procedures reflected in Chapter 11.72, including
without limitation abatement pursuant to Section 11.72.197 and summary
abatement pursuant to Section 11.72.245, or as authorized by any applicable
uniform code. Recovery of the administrative costs or fees of such abatement
shall also be pursued pursuant to the procedures authorized in Chapter 11.72 of
this Code. In this regard, in addition to those items required to be included in
12.28.17 31 38
Ordinance No.
Page 32
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 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
12 28.17 32 3 1
Ordinance No.
Page 33
guards against unsafe and unhealthful conditions which can cause
neighborhood deterioration.
(b) To ensure a proper standard of maintenance, all properties in the City,
including all areas between the extensions of side property lines to the
centerline of adjacent streets, shall be subject to the following provisions:
(1) All properties, including vacant properties, shall be kept free of trash,
building materials, or the storage of other goods which are visible from
the street or adjacent properties. Properties shall also be kept free of
excessive vegetative undergrowth.
(2) Buildings, including accessory structures, trellises, awnings and other
similar features, shall be maintained in a condition free of defects or signs
of neglect, including without limitation: loose roofing and siding materials,
unconcealed roof equipment, peeling paint or faded stain, broken or
cracked windows, any unsafe structural element or other items which
would degrade the appearance and/or safety of the structure.
(3) Site improvements shall be maintained in a condition to guarantee
safety and quality appearance and shall include but not be limited to:
parking and walking areas free of weeds and excessive sand and dirt,
visible parking lot striping, paving material (including walkways) which
provide a smooth, unbroken surface, unbroken curbs and gutters, litter-
free trash and loading areas, walls and fences in a sturdy condition and
free of graffiti or the like, fountains or other water uses which are free of
potential health dangers, lighting, signs, bicycle racks, internal traffic
control items such as speed bumps, and drainage control items which are
maintained in safe repair.
(4) Landscaping improvements shall be maintained in a healthy condition
and complementary to neighboring buildings and properties. Such
maintenance shall include, but not be limited to: lawns which are watered
and trimmed to a uniform height, flowers and ground covers which are
healthy and uniform in their appearance, and shrubs and trees which are
trimmed and pruned to retain their health and adequate clearance over
12 28.17 33 40
Ordinance No.
Page 34
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.
SECTION 4. Section 11.72.245 of the Palm Springs Municipal Code is amended
in its entirety to read:
11.72.245 Summary Abatement.
12.28.17 34
Ordinance No.
Page 35
(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.
(d) The posted notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE DANGEROUS CONDITION OF PROPERTY
12.29.17 �!
35 �
Ordinance No.
Page 36
NOTICE IS HEREBY GIVEN that on the City Manager declared that
property located at is a public nuisance, as provided in
Chapter 11.72 of the Palm Springs Municipal Code, and is imminently dangerous
to life, limb, health, or safety and must be immediately abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall
immediately destroy or remove the dangerous condition caused by such
condition of the property, or after_ hours that condition may be abated by the
city authorities, in which case the costs of such abatement will be assessed upon
the lots and lands from which the dangerous condition shall have been
destroyed or removed; and such costs will constitute a lien upon such lots or
lands until paid and will be collected upon the next tax roll upon which general
municipal taxes are collected. All persons having any objection on the proposed
destruction or removal of such dangerous condition, or upon the assessment of
such costs, are hereby directed to file such written objection with the City Clerk
in the City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263-2743 or
via email to palmspringsca.gov, by 5:00 p.m. on
20 or thereafter all such objections shall be deemed waived and the
City Manager, city employees, contracting agents or other representatives are
authorized to enter upon this property to abate the dangerous condition.
DATED: This _day of 20_.
City Manager
SECTION 5. Section 11.72.197 of the Palm Springs Municipal Code is amended in
its entirety to read:
11.72.197 Abatement of dangerous or substandard buildings and structures.
Where any condition which would otherwise constitute a violation subject to
abatement pursuant to the procedures authorized by this Chapter also
constitutes a dangerous or substandard building pursuant to International
Property Maintenance Code, or an "unsafe building" or "unsafe structure"
under Section 8.04.310 Part 2 of this Code, the Building Official may in his/her
12'S.17 36 43
Ordinance No.
Page 37
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.
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 DAY OF . 2017.
AYES:
NOES:
44
iz 28,17 37
Ordinance No.
Page 38
ABSTAIN:
ABSENT:
Rob Moon, Mayor
ATTEST:
Kathleen D. Hart, Interim City Clerk
APPROVED AS TO FORM:
Edward Z. Kotkin, City Attorney
12.2 S.17 38 `R
ATTACHMENT 2
9C
Chapter v:vn MAINTENANCE OF LONG TERRA BOARDED AND
` ACATEDVACANT BUILDINGS; BLIGHTED PROPERTY
8.80.100 Findings and Purpose
(a) Vacant buildings are a major cause and source of blight in both residential
and neno,,e?;dent;alnon-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�,t
substandard, structurally deficient, poorly maintained as to landscaping, a pool,
or WRliemn+ buildings, aR4J any features, neglected for a long-term-vasa►aGies, 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-and-.retard appreciation of property values-
thereby reducing tax revenues, necessitate additional governmental services,
significantly interfere with the use and enjoyment of neighboring properties,
create an unhealthy and unsafe condition affecting the public and constitutes an
unreasonable use of property and a public nuisance.
(d) Vacant buildings are potential fire hazards and can jeopardize the ability
of owners of neighboring property from securing or maintaining affordable fire
insurance.
maintained and managed Ran he the Pert, and Pa-we of snrearlinq hlir.ht
In PenstrU ing the nr9viGi9R6 of this Phantere l.the fellerine definitiens shall a p46
47
(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. To represent
(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.
(0 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
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
48
administrative citation fines required or otherwise assessed pursuant to the
provisions of this Chapter.
(k) The City Council has the discretion to identify situations wherein the
presence of an abandoned building or structure, or a vacant building for a
defined period of time represents a necessary pre-condition to a desirable
protect 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
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.
49
"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
deedDeed of tPastTrust.
"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 proiect for a period of six (6) months or more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to
potentially constitute an attraction to children, a harbor for vagrants,
criminals or other unauthorized persons, or so as to enable persons to use
the property for the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(a) Exterior wall and/or roof coverings which have become
deteriorated and do not provide adequate weather protections,
resulting in termite infestation and/or dry rot.
(b) Broken or missing windows or doors which constitute a
hazardous condition or a potential attraction to trespassers.
50
(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
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
51
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
stream 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 w#esewhere 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 vasaRtbuilding
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
sitycity pursuant to the sity'sC;t Zoning Ordinance.
"Building offsialOfficial" means the direste Director of the
depart—ntDepartment of f gBuilding and sa€etySafety for the Gity, OF the
deGigR% .)f the direrster r.f buildiRg and S fo4v�
"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
52
properties" includes apartment buildings that include five (5) or more rental
units.
"Deed of trastTrust" means an instrument whereby an owner of real
property, as trustor, transfers a secured interest in the-real property in gmoo
to aAny 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, 3`d trust deed, etc.
"Deed in 4euLieu of fereelesuFeForeclosure" means a recorded instrument
that transfers ownership of real property between parties to a particular
deedDeed of trustTrust 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 deedDeed of trustTrust, such as a trustor's failure to make a
payment when due.
"Development Related Agreement" means an agreement between the
City and at least one other person or entity whereby an owner secures the
authorization and approval of the City, whether through a duly authorized
written contract, or via a land use permit or entitlement approval, to pursue a
development or redevelopment project at a property where one or more
abandoned building or structure, and/or vacant building is located.
"Distressed" means any building, structure or real property that is subject
to a current ' Notice of trustee's saleDefault and/or
Notice of Trustee's Sale, pending Tax Assessors Lien Sale
and/or any real property conveyed via a fereslosUreForeclosure sale resulting in
the acquisition of title by an interested beneficiary of a deedDeed of tmstTrust,
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 Aleio Road) and Belardo Road (Aleio
Road to Ramon Road) on the west, Ramon Road on the south, and Indian
Canyon Drive on the east, including that portion west of Belardo Road extending
53
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 Aleio 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 vasaRGyVacancy" 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 offinialEnforcement Official to
believe that a property is vacant or occupied by a person without a legal right of
occupancy. Such real property conditions include but are not limited to:
overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or
mail; past due utility notices or disconnected utilities; accumulation of trash,
junk or debris; the absence of window coverings such as curtains, blinds or
shutters; the absence of furnishings or personal items consistent with
residential habitation; and/or statements by neighbors, passersby, delivery
agents, or government employees that the property is vacant.
"Foreclosure" means the process by which real property subject to a
deedDeed of tPastTrust 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.
$q
"Notice of defA--+tDefault" means a recorded instrument that reflects and
provides notice that a defaeltDefault has taken place with respect to a deedDeed
of trustTrust, and that a beneficiary intends to proceed with a trustee's sale.
"Out of areaArea" 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 reserdRecord" means the person or entity holding recorded
title to the real property in question at any point in time when e#isial
resordsOfficial Records are produced by the Riverside County re-,�s
effi%Recorder's Office.
"SteFefFent
"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 "8112PIP" means a program that
allows artwork or other approved displays to be installed by the City within
specifisDowntown/Uptown, or such other geographic areas of the City
determined by the City Manager, chosen as an alternative pursuant to Section
8.80.830fa120 b)(3)( vii) to provide window coverings for the storefronts of
vacated commercial buildings or portions thereof. Each &P-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 &1RPIP or
can be seen by the public are elm teshall participate in the 9+RPIP upon
registration of the vasatedvacant building as prescribed in Section 8.80.040-.130.
A copy of each S4RPIP 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.
55
"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 deedDeed of tru-sETrust securing an
interest in real property.
"Trustor" means any owner/borrower identified in a deedDeed of
trustInLsL who transfers an interest in real property to a trustee as security for
payment of a debt by that owner/ti^��artrustor.
"Vacant building" means a building where at least thirty-five percent
35% of the total floor area within the building is not lawfully occupied.
8.80.115 Application of Chapter; Authority of Enforcement Official,
Exemption from Chapter.
(a) The provisions of this Chapter shall apply generally to all improved real
property throughout the City of Palm Springs where any of the conditions
specified in this Chapter are found to exist.
(b) Provisions of this Chapter are to be supplementary, complementary and
cumulative to all of the provisions of the Palm Springs Municipal Code, state
law, and any law cognizable at common law or in equity, and nothing in this
Chapter shall be read, interpreted, or construed in any manner so as to limit any
right or power of the City of Palm Springs to abate or prosecute any and all
violations and nuisances.
(c) When the requirements of this Chapter conflict with any other part of the
California Building Standards Code, Title 24, any provision contained elsewhere
in the Palm Springs Municipal Code, or any regulation or requirement adopted
56
by the City, the most restrictive, affirmatively demanding, or punitive
requirement shall prevail.
(d) The Enforcement Official is authorized and directed to use the provisions of
this Chapter for the purpose of abating those conditions defined by this Chapter
as a public nuisance or abating the unlawful conditions defined in this Chapter.
(e) In the event that the City enters a development related agreement with the
owner and/or developer of a property incorporating the partial or total
demolition, repair, reconstruction, and/or preservation of one or more
abandoned building or structure or vacant building located at the property, the
abandoned building(s) or vacant building(s) in question shall be exempt from
application of this Chapter.
(f) In the instance of any abandoned building or structure, or vacant building
exempt from application of this Chapter pursuant to this Subsection 8.80.115(e),
the property and each building or structure located at the property shall be
owned, managed, and maintained in strict accord with the terms and conditions
of the applicable development related agreement.
(g) In the event that the City Manager or his designee determines, in an exercise
of his/her sole discretion that an owner is in default with respect to any term or
condition of a development related agreement through which any abandoned
building or structure, or vacant building is exempt from application of this
Chapter, City shall issue written notice to that owner that if the default in
question is not cured in its entirety within thirty (30) days of the issuance of said
notice, that the exemption provided by Subsection 8.80.115(e) shall be revoked,
and that this Chapter shall immediately become fully applicable to the
abandoned building(s) or structure(s), or vacant building(s) in question.
8.80.120 Owner Responsibilities.
(a) Every owner of improved real property within the City is required to maintain
such property in a manner so as not to violate the provisions of this Chapter or
this Code and such owner remains liable for violations thereof regardless of any
contract or agreement with any third party regarding such property.
S�
(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 Baiid+egEnforcement Official,that at least one of the following applies:
(1) The building is the subject of aa E;GtiYE-9 bl-lildiRg peFFRit-Active
Construction for repair or rehabilitation in order to make the building
habitable and the owner is progressing diligently to complete t4esuch
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;
(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. AntiveWhen 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;
(B)
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 GedeChapter;
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;
L€�
v. Maintenance of the building in continuing compliance with all
applicable codes and regulations;
(F)
58
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;
(G)
vii. Windows screened: (i1) in a manner approved under Zoning
Code Section 94.04.00 (Architectural Approval), including review by
the Architectural Advisory Committee; or (Q) election upon
registration of a vacant building to participate in the
Stere#rontProperty Improvement Program;
(H)--
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
garage4h 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..
`tip
ix. Maintaining sufficient utility services to provide power for anv
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 or on an Historic Site
as may be imposed by the Enforcement Official. Such methods may
include, but will not be limited to security patrols, alarms, or other
security requirements.
( The owner of any boarded building, whether boarded by voluntary action of
the owner; or as a result of enforcement activity by the G4yCity, 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
59
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.
(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.
(a) €aGh(c) The boarding permit issued pursuant to this Section shall
authorize the boarding or other securing of a commercial or residential building
or structure, excluding any building or structure in Downtown/Uptown and any
Historic Site, for a period no greater than ninety (90) days, provided that the
following conditions exist: (i) the boarding has been done in full compliance with
this Section, (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 or on an Historic Site unless such building or structure has
been damaged by fire, natural disaster, or other emergency situation and the
owner submits a detailed plan and timeline for correction, repair or
rehabilitation of the property and a boarding permit shall be issued for only such
60
time as the Building Official reasonably determines is necessary to affect such
repairs or rehabilitation.
(e) No boarding permit for a building or structure may be extended beyond the
periods of time identified in Subsections (c) and (d) of this Section, and the
Building Official shall accept no new application for a boarding permit for any
Property that has already been subject to permitted boarding, inclusive of any
permitted extension of same, less than one year after the date of expiration of
the boarding permit. The only exception to this prohibition of shall be as follows.
Upon the submission of a written application by the owner of the property or
the owner's duly authorized representative or contractor, upon the payment of
the required fee, upon the confirmation through inspection by the Building
Official that the boarding or other method of securing the building or structure
has been done in compliance with this Section, and upon demonstration that
"good cause" for the renewal exists.
(1) "Good cause" shall require a factual showing by the owner that the
permit renewal is made necessary by conditions or events beyond the
owner's control, such as inability to obtain financing for repair or
rehabilitation, inability to locate a suitable buyer, unanticipated delays in
construction or rehabilitation, or unanticipated damage to the property;
and
(2) In addition, where appropriate, "good cause" shall also require a
factual showing by the owner that he/she has exercised reasonable and
due diligence in attempting to complete the needed repair, rehabilitation
or correction or in attempting to sell, rent or lease the property. In the
event that the Building Official determines that there exists good cause to
renew the permit and that all other conditions are met, the permit may
be renewed by the Building Official for a period of up to, but not more
than, an additional three (3) months, subiect 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
61
conventional method used in the original construction and design of the
building or structure, shall comply with the following minimum standards:
(1) Securing by Boarding.
(i) Windows: Windows and similar openings shall be boarded with
exterior grade plywood of a minimum thickness of % inch or its
equivalent. Vent holes may be required, as deemed necessary by
the Building Official. The plywood shall be secured in place by 2"x4"
or 4"x 4" crossmembers, secured to the plywood by 3/8 inch plated
carriage bolts with large washers at each end and with the
crossmember turned so that the 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 % inch or its equivalent
fitted to the entry door iamb 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.
62
(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
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
orstructure;
(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.
63
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 sil-yCity of PalmsPalm Springs, shall
perform an inspection of the property in question prior to recording a notice of
default or similar instrument with the Riverside County reserder-s a#ice.
#Recorder's Office. If any building on the property is found to be vacant or
shows evidence of vacancy, as defined by the GhapterChapter, it is hereby
deemed to be vacant.
(b) Within ten (10) business days of City's identification of any vacant
prepertybuilding and issuance of written notice, or owner's actual knowledge of
any vacant prepelybuilding, owner, owner of record, the beneficiary, and
trustee must register the prspertyvacant building with the Building
BiregterOfficial.
(c) If the prepertybuildin is occupied but distressed, the trustee and beneficiary
or a designee shall inspect the propertybuilding on a monthly basis until:
(1) The trustor or another party remedies the default; or
(2) The prepertybuilding is found to be vacant, or shows evidence of
vacancy, and is registered subject to "s�a;Subsection (b).
(d) The registration pursuant to 661196eGWRSubsection (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 (b) shall be renewed
annually.
(f) An annual registration fee, adopted in conformance with Section
8.80.9581, 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.
64
(g) This sest+enSection shall also apply to properties that have been the subject
of a foreclosure sale wherein title has been transferred to the beneficiary of a
deed of trust involved in the foreclosure, and to any properties transferred
under a deed in lieu of foreclosure or sale.
(h) Properties subject to this chapterChapter shall remain subject to the annual
registration requirement, security and maintenance standards of this
ohohapterChapter as long as they remain vacant.
(i) Any person, partnership, association, corporation, fiduciary or other legal
entity that has registered a property under this ^hapterChapter must make a
written report to the Polmo SpFir.no peli^o idepa men+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 sestienSection 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 pmpertybuildin shall be set,
from time to time, by resolution of the city so4nsiV ty Council. The amount of
the fee charges shall not exceed the reasonable estimated cost of administering
the provisions of this Ghapter-Chapter. Registration fees are non-refundable and
may not be pro-rated.
AP-Art-als.—Ati 1 neighborhoods, espeGially when the oWner of the building fails tG
rnaintain and rnanage the building to ensure that it does not becorne a liability to the
cooking or heating rnetheds, Greates a risk ef fire fer the VaGaRt build Rgs and adjareRt
propeFties. VaGaRt PFePeFtiR-S are eften used aS dUMP'Rg grounds for junk -and de-bris-
development and retard approniodion of property values.
65
(bb) BeGa'�use of t�eetteAtiia*I PGAR
rd emin an n..blin health, are and—Safety
. 1
preblernS paused by vacant buildiRgS, o p y ReedsOhit to eniter t builydiRgS ce m Vacan .
that they de not beneme attrantiye nuisannec are net used by trespa6ser6 are
pFoperly maintained both iRside and out, and dO Rot beGome a blighting
the neiehberheerd Gity rdeeertmentn m RiteriRg innlM-de the neline
to the Gity fOr MeRitOFiRg vaGaRt buildings (whether eF not these buildings are bearded
(a) 8.80.150 Monitoring Program — Departmental Responsibility and
Fees.
(Authority. The b6I4ld'Rq 94'Gia4Building Official shall be responsible for
administering a program for identifying and monitoring the maintenance of all
vacant commercial buildings in the G*kity• The program shall be documented
and regularly updated. Tkde All written documentation pertaining to the program
shall be available for public review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify commercial buildings which become vacant;
(2) To order vacant commercial buildings which are open and accessible
to be secured against unlawful entry pursuant to this Title Band Chapter
of this Code,, ienlst
(3) To order the 4Bu41diRg Godeproperty on which the vacant commercial
building is located to be properly maintained of overgrown vegetation or
cleared of trash and debris,
(3)
L4LTo initiate proceedings against the owner and/or the owner of record
of any vacant commercial building found to be substandard as defined in
this t4leChapter or a nuisance under Title 11 of this Code; for purposes of
this Chapter, failure to comply with Section 8.80.930 a120 b)(3)( vii)
related to storefront window coverings is hereby declared a public
ss
nuisance and is thereby subject to all available legal remedies to cure said
nuisance;
`4)
L!�LTo maintain surveillance over vacant commercial buildings so that
timely code enforcement proceedings are commenced in the event a
bu+ld+ngthe property becomes substandard or a nuisance; and
(5)
L�LTo establish and enforce rules and regulations for the implementation
and compliance with the St^ nProperty Improvement Program as
dessrIbeddefined in Section 8.80.828110.
(7) To identify blighted property and to initiate proceedings against the
owner of record of any blighted property for failure to remedy such
blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant commercial
building monitored pursuant to this GhapterChapter, an annual vacant
commercial building monitoring fee in an initial amount as the Gity GeURCACity
Council may establish by resolution, provided that the fee shall not exceed the
estimated reasonable cost of monitoring the vacant building. The fee shall be
payable as to any vacant building, residential or tenon-residential,
which:
(1) Is boarded up by voluntary action of the owner or as the result of
enforcement activities by the city! ity; or
(2) Is vacant for more than ninety 90 days for any reason.
(d) Fee Waiver. The vacant commercial building monitoring fee shallmay 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 sl-iewiR preponderance of documentary
evidence submitted by the owner,that;_
0) The . caner_has_ obtained a ti uild*Rg permit and i�rvg @briing_diligently
' �`� �"
repair the premisesfGF
OF
(1) The owner is engaged in Active Construction directed toward restoring
or preserving the building to occupancy, provided that said Active
67
Construction is occurring during the initial term of an applicable building
permit as determined by the Building Official; or
(2) The building meets all applicable codes and is actively being offered
for sale, lease, or rent.
(e) Procedure. The vacant commercial building monitoring fee shall be billed to
the owner of the property and mailed to the owner's address as set forth on the
last equalized assessment roll of the GOURty asse6ser.County Assessor. Any
owner billed may apply for a waiver on the grounds set forth in
subsesl+eeSubsection (d) of this seel♦errSection 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 build+eg eflisialBuilding
Official within thirty days after the billing is mailed to the owner. The r • ReF oha
n rr.aide 6Ub--ta4n#'ol evir#enne in support of the owner's # # # f#h rl { #h
r - -._ �....�. _..__..__ ... support_.. ... ..... ..........�..,... .,. ... �� the
waiver. The bu;idin effini;fl 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 e#+sialBuilding 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 bu+ldia.,,9—^pia;sBuilding
Official's decision to the administra#neappeals bGardAdministrative Appeals
Board in the manner provided in Chapter 2.50 of this cedeCode.
(g) If the fee is not paid within sixty 60 days after billing, or within sixty 60
days after the decision of the buildiRg effidalBuilding Official or the heaFiRg
ef#iserAdministrative Appeals Board, the city E;eufrACity Council may thereupon
order that the fee be specially assessed against the property involved. If the sity
seur♦s4City 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
68
taxes. All laws applicable to the levy, collection, and enforcement of real
property taxes are applicable to the special assessment.
(h) The city-semnG4 ity Council may also cause a notice of lien to be recorded.
The notice shall, at a minimum, identify the record owner or possessor of the
property, set forth the last known address of the record owner or possessor, a
description of the real property subject to the lien, and the amount of the fee.
8.80.160 Monitoring Program - Downtown/Uptown; Historic Site.
Within ten (10) days of registration of a vacant commercial building in
Downtown/Uptown under Section 8.80.130(b) or within five (5) days of a notice
to register a vacant building from the Enforcement Official, the owner, owner of
record, the beneficiary, or trustee shall submit a monitoring plan to the Building
Official for review and approval. At a minimum, the monitoring plan for a
vacant commercial building in Downtown/Uptown or a vacant Historic Building
or Site shall include the following components:
(a) Participation in the Property Improvement Program.
(b) All doors, windows, and other openings to a structure must be secure, as
follows:
(1) Doors and windows must be in place and secure.
(2) All openings that are not secured by doors or windows shall be
boarded pursuant to Section 8.80.125 of this Chapter.
(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:
69
(1) Buildings with fire sprinkler systems must be maintained in working
order.
(2) Buildings with a centralized and registered fire and burglar alarm
system must be maintained in working order, and monthly reports
showing continued and active service shall be submitted to the Building
Official.
(3) Buildings without fire sprinkler systems or fire alarm or burglar alarm
systems shall be provided with continuous physical monitoring by means
of an onsite patrol. Continuous monitoring shall mean the use of a
licensed security agency operating in Palm Springs and providing regular
surveillance of the vacant building as part of the agency's security route.
(e) A monthly report from the property owner or the property owner's
representative or property management company that identifies each date
inspections were performed for the reporting period and a statement affirming
that the building interior, exterior, and the entire site was inspected, the
landscaping is maintained in good condition, and that all buildings are secure.
8.80.170 Monitoring Program - Commercial Properties Outside of
Downtown/Uptown.
Within twenty (20) days of registration under Section 8.80.130(b) of a vacant
commercial building outside of Downtown/Uptown or within ten (10) days of a
notice to register a vacant commercial building outside of Downtown/Uptown
from the Enforcement Official, the owner, owner of record, the beneficiary, or
trustee shall submit a monitoring plan to the Building Official for review and
approval. At a minimum, the monitoring plan for commercial properties shall
include the following components:
(a) All doors, windows, and other openings to a structure must be secure, as
follows:
(1) Doors and windows must be in place and secure.
70
(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.
(d) A monthly report from the property owner or the property owner's
representative or property management company that identifies each date
inspections were performed for the reporting period and a statement affirming
that the building interior, exterior, and the entire site was inspected, the
landscaping is maintained in good condition, and that all buildings are secure.
8.80.180 Local Property Management Requirement
(a) If a property is determined to be vacant, and the property is owned by a
corporation and/or out of area beneficiary/trustee/owner, a local property
management company with a business license in the City shall be contracted to
perform weekly inspections to verify that the requirements of this section, and
any other applicable laws, are being met.
(b)
(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
71
(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.
f�[LThe 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 shaptenChapter 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.
(G)
8.80.190 Joint and Several Liability.
The duties/obligations specified in this sestionChapter shall be joint and several
among and between all trustees and beneficiaries and their respective agents.
(a) PBna;T�
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;
72
(2) Any vacant building whose doors, windows or other openings are
secured by boarding in compliance with Section 8.80.125 of this Chapter
or by any other method permitted by Section 8.80.125 of this Chapter, at
any time at which there is no current and valid boarding permit as
required by Section 8.80.125 of this Chapter;
(3) Any vacant building in violation of any of the provisions of this
Chapter, including without limitation requirements related to registration,
property management, fees due and payable, or monitoring.
(b) It shall be unlawful and a public nuisance for any owner to allow a building
designed for human use or occupancy to be a vacant building for more than any
time limit provided in this Chapter, unless one of the following applies:
(1) The building is the subject of Active Construction including
maintenance, repair, rehabilitation or demolition and the owner is
Progressing diligently to complete the maintenance, repair, rehabilitation
or demolition during the initial term of a building permit as determined by
the Building Official;
(2) The building meets all codes, including Section 17920.3 of the Health
and Safety Code, does not contribute to blight, is ready for occupancy;
and
(i) Is actively being offered for sale, lease or rent; or
(ii) Is actively being maintained and monitored by the owner or the
owner's authorized representative and is being maintained in
compliance with the provisions of this Code.
(c) It shall be unlawful and a public nuisance for any owner to allow a building
designed for human habitation and/or the lot on which the building is located to
become a blighted property.
(d) Any violation of this Chapter shall be deemed a strict liability offense;
regardless of a violator's intent or knowledge.
73
8.80.210 Violations; Enforcement.
(a) Administrative Penalty for Non-Historic Properties located outside of the
Downtown/Uptown. Any person, partnership, association, corporation,
fiduciary, or other legal entity that owns, leases, occupies, controls or manages
any building or property subject to this GhapteFChapter but not covered by
subsection (b) of this Section, and causes, permits, or maintains aLny violation
of this GhapteFChapter as to that property, shall be issued a citation and liable for
administrative penalties as follows:
(1) On the administrative penalty due date, as determined by a heaFiRp
ef#iseFthe Enforcement Official as described in subsection (bc) of this
sestieRSection, 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 rhvhapteFChapter addressed by an
abatement order has not been abated, cured, remedied; and/or
eliminated to the reasonable satisfaction the building ef#isia4Building
Official by the thirtiethdatl day after the administrative penalty due
date, each party subject to said abatement order shall pay a supplemental
administrative penalty of twGthree thousand five—bu^d�dollars-
($3,000.00).
(3) In the event that a violation of this rhohapterChapter addressed by an
abatement order has not been abated, cured, remedied and/or
eliminated to the reasonable satisfaction of the building ef#isialBuilding
Official by the sixtieth 6 day after the administrative penalty due date,
each party subject to said abatement order shall pay a seseRdsubseguent
supplemental administrative penalty of 4vefifteen thousand dollars
($15,000.00) for each calendar month, or portion thereof, the vacant
building is in violation of the provisions of this rhhapteFChapter.
(h�) —D r,,,��vocvvFe0) The administrative penalty shall be imposed by a heaFiRg effiGeF UPOR
.furled a hearing heferea the he.arir.g f Ger The hea FiRg shall he A- Rd-U..ted iR.
ornr)rrlonne wi.. .. nrevioieno of CeGthGR 11.72.220. In 68ttiRg the penalty the
hearing OffiGer shall Gonsider the severity of the blighting Gend-itions of the-
74
:looicinn of the hearing o#'nor shall he find ,
(2) The
(b) Administrative Penalty for Properties located in Downtown/Uptown and any
Historic Building or Site. Any person, partnership, association, corporation,
fiduciary, or other legal entity that owns, leases, occupies, controls or manages
any building or property in the Downtown/Uptown or Historic Building subject
to this Chapter, and causes, permits, or maintains a violation of this Chapter as
to that property, shall be issued a citation and liable for administrative penalties
as follows:
(1) On the administrative penalty due date, as determined by the
Enforcement Officer as described in subsection (c) of this Section, each
party subject to an abatement order shall pay an administrative penalty of
two thousand five hundred dollars ($2,500.00).
(2) In the event that a violation of this Chapter addressed by an
abatement order has not been abated, cured, remedied and/or
eliminated to the reasonable satisfaction the Building Official by the
thirtieth (30th) day after the administrative penalty due date, each party
s_ubiect 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
75
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 days after the deGieinn of the hoorinn nffinor If 4he 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 G4
GOuaeiiCity 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 sit GOunG 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.
(G) iver.(d) Appeal of Administrative Penalty. The administrative penalty
shallmay be waived4appealed, in whole or in part to the building OffiGial or heaFing
OR 4�„8ewner Or would hinder the r^h^hi"tAti^^Administrative Appeals Board
pursuant to Chapter 2.50 of the buildinqLhis Code.
(e) Non-Exclusive Remedy. This sestiGRSection provides a
GiWan administrative penalty remedy that is in addition to all other legal
remedies, criminal or civil, which may be pursued by the sityCity to address any
violation of this shapter-.Chapter, including without limitation Sections 1.01.165,
76
1.01.170, 1.01.171, and 1.01.240 of this Code. The GWadministrative penalty
imposed pursuant to the provisions of this sesEieaSection shall be in lieu of the
administrative citation penalties imposed pursuant to the provisions of Section
1.06.040 of this sode.Code.
(f) Abatement. Where the condition of the property constitutes a dangerous,
substandard, or unsafe building, the Building Official may, in an exercise of the
Building Official's discretion, and in addition to the issuance of any citation(s),
the imposition of any administrative penalties, or pursuit of any other remedies
pursuant to this Chapter and Code, abate such dangerous, substandard, or
unsafe building pursuant to the procedures reflected in Chapter 11.72, including
without limitation abatement pursuant to Section 11.72.197 and summary
abatement pursuant to Section 11.72.245, or as authorized by any applicable
uniform code. Recovery of the administrative costs or fees of such abatement
shall also be pursued pursuant to the procedures authorized in Chapter 11.72 of
this Code. In this regard, in addition to those items required to be included in
any notice commencing proceedings pursuant to such uniform code, such notice
shall include a statement substantially similar to that contained in Section
11.72.200(6).
(g) Misdemeanor. Notwithstanding any provision of Section 1.01.140 of this
Code to the contrary, any person, firm, or corporation who violates the
provisions of this Chapter is guilty of a misdemeanor for each day, or portion
thereof, upon which such violation continues.
(h) Receivership. Notwithstanding City's election to enforce this Chapter
through administrative penalties, abatement, collection by lien or assessment,
criminal prosecution, or any combination thereof, City retains and reserves its
discretion to seek and secure judicial orders through the Superior Court of the
State of California to repair and abate any vacant building subject to this
Chapter, and to appoint a receiver for same, pursuant to and consistent with
California Health and Safety Code Section 17980.6 and 17980.7 et seg.
77
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.
(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.
76
(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
L(jLThe 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 allow+egfailure 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 and to the tePA 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.
� r
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 GhapteFChapter also
constitutes a dangerous
or substandard building pursuant to the -'i+#eFm
HeusmngInternational Property Maintenance Code, or an "unsafe building" or
"unsafe structure" under Section 8.04.310 Part 2 of this Code, the diFesteFBuilding
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 thy, ^GedUFGI-;zeds h „niferm ,.,,,do Rer-,e ,on,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 su64Lny 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.
80
11.72.245 Summary abatement Abatement.
U/hz
is Any public nuisance ^F ^^d'^ l n-l^Rt^^ is rn RWIR-ed OF eXiStS :r the Gity which
sfeatcs—;aA i�� thFeatis reasonably believed to PUb1iG—be imminently
dangerous to the life, limb, health, or safety,—_of the diFeGW-occupants of the
property, neighbors of the property, or to the public may be summarily abate that
publ'^ ^u., a-abated by the City Manager, or designee, without complying with
the provisions of Sections 11.72.190 through 11.72.230. in SUGh GirGUrnstances, the
r-espensible pafty 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 be affor oaas;o irnurh advan^edeclare 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 twentV-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 CitV 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 CitV shall be accounted and reported
to the City Council bV the CitV 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:
81
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
8 L.
ATTACHMENT 3
9
AGUA CALIENTE BAND OF CANUILLA INDIAM
TRIBAL PLANNING & DEVELOPMENT
October 24, 2017
HAND DELIVERED
Mayor Robert Moon and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
RE: Proposed Ordinance of the City of Palm Springs, California, Repealing and
Replacing Chapter 8.80, Adding Section 11.72.162, and Amending Sections
11.72.1701 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, Increasing Administrative Penalties, and Providing for the
Abatement of Blighted Property
Dear Mayor and City Council,
The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above
referenced Ordinance at its meeting of October 24, 2017, and recommends approval of
the proposed Ordinance to the City Council.
Please contact me should you have any questions at 760-883-1326.
Very truly yours,
Margaret E. Park, AICP
Director of Planning & Natural Resources
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
MP/dm
C: Tribal Council
Tom Davis, Chief Planning & Development Officer
Marcus Fuller, Assistant City Manager
5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264
T 760/699/6800 F 7601699/6823 W W W.A G U A G A L I E N T E-NS N.GOV
ATTACHMENT 4
8 :
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.
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 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 program. The City Council has adopted a new
vacant commercial 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 fee shall be
adopted to cover some of the City's costs and expenses associated with
administering the vacant commercial 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.
86
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. 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 fee:
VACANT BUILDINGS
Annual Vacant Commercial Building Monitoring...................................$1,900.00
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 1st of each year, the fee for a Mural Permit 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 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 incorporated
said modifications and fees into the Comprehensive Fee Schedule, adopted by
Resolution No. 23854.
Resolution No.
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3RD 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 3,
2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
gs
VACANT BUILDING ORDINANCE
SPECIFIC VIOLATIONS/PENALTIES MATRIX
Code
Section Responsibility
No person, corporation, or other entity shall allow a building to stand vacant for more than ninety (90) days, unless at
least one of the following applies:
1) Building(s) is/are subject to development related agreement with City incorporating partial or total demolition, repair,
reconstruction and/or preservation of the building(s), and the building(s) are maintained in strict accord with the terms
and conditions of the development related agreement
8.80.115 OR
8.80.120(b) 2) Building is subject of"Active Construction" (as defined)
OR
3) Building meets all codes and is actively maintained, ready for occupancy, and actively offered for sale, lease or rent
OR
4) Building and lot (including landscaping) do not contribute to blight (as defined), is secured, actively maintained and
monitored
8.80.130 Mandatory registration of vacant buildings (residential and commercial)
Mandatory monitoring program (commercial buildings) and administrative fee ($1,900 annually) to: (1) identify
vacant buildings; (2) order open/accessible vacant buildings to be secured; (3) to order vacant buildings to be properly
8.80.150 maintained; (4) to initiate proceedings against owner; (5) maintain surveillance over vacant building; (6) enforce rules
for Property Improvement Program; and (7) identify blighted property and initiate proceedings against owner
Monitoring Program (Downtown/Uptown; Historic Site)
Required within 10 days of registration of vacant commercial building the submittal of monitoring plan with the
8.80.160 following: (1) participation in Property Improvement Program; (2) securing the building; (3) pre-approval for any
temporary fencing, limited to 60 days unless building permit is issued; (4) continuous monitoring (working fire sprinklers
and fire/burglar alarm) or continuous physical monitoring by security agency; and (5) monthly reporting to City.
Monitoring Program (Citywide)
Required within 20 days of registration of vacant commercial building the submittal of monitoring plan with the
8.80.170 following: (1) securing the building; (2) pre-approval for any temporary fencing, limited to 60 days unless building permit
is issued; (3) continuous monitoring (working fire sprinklers and fire/burglar alarm) or continuous physical monitoring by
security agency; and (4) monthly reporting to City.
Local Property Management Requirement
8.80.180 Requires properties owned by corporation and/or out of area owner to retain local property management company with
business license in Palm Springs to perform weekly inspections; posting notice on property with contact information
l31/g
Code Violations/Penalties
Section
Specific Violations
Declared unlawful and a public nuisance to allow:
8.80.200 (1) any vacant building to remain open and accessible;
(2) any vacant building to be secured by boarding without valid boarding permit;
(3) failure by owner to register a vacant property, provide local property management, pay all fees, or continuously
monitor
Penalties
Upon finding by City that an owner of a vacant building has violated the code, an abatement order will be issued
mandating the owner to comply with the Code, providing 15 calendar days for compliance. Upon failure to comply with
abatement order, the following administrative penalties will apply:
Citywide (not located in Downtown/Uptown or a Historic Site)
(1) On due date (15 days from issuance of abatement order): $1,500
(2) 30 days from due date (45 days from issuance of abatement order): $3,000
8.80.210 (3) on 60 days from due date (75 days from issuance of abatement order): $15,000
(4) every 30 days thereafter: $16,000
Downtown/Uptown or a Historic Site)
(1) On due date (15 days from issuance of abatement order): $2,500
(2) 30 days from due date (45 days from issuance of abatement order): $5,000
(3) on 60 days from due date (75 days from issuance of abatement order): $25,000
(4) every 30 days thereafter: $25,000