HomeMy WebLinkAbout11/4/2015 - STAFF REPORTS - 3.A. �OQ F P`M S,.
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Cq<�FORN�P, CITY COUNCIL STAFF REPORT
Date: November 4, 2015 LEGISLATIVE
Subject: PROPOSED ORDINANCE ADDING ARTICLE VII "VACANT BUILDINGS
AND LAND; BLIGHTED PROPERTY' TO TITLE 8, REPEALING
CHAPTER 8.80 "MAINTENANCE OF LONG-TERM BOARDED AND
VACATED BUILDINGS," AND AMENDING CHAPTER 11 .72 "PUBLIC
NUISANCES" OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND
PROPERTY MAINTENANCE REQUIREMENTS TO VACANT
PROPERTY AND VACANT LAND, AND TO CLARIFY REGISTRATION
AND MONITORING PROGRAM REQUIREMENTS FOR VACANT
PROPERTIES AND IDENTIFYING ENFORCEMENT AND CIVIL
PENALTIES FOR VIOLATIONS.
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; staff
recommends that the City Council extend this public declaration to cover not only
vacant buildings, but to vacant property and vacant land. The City Council will consider
the adoption of an Ordinance that amends and restates Chapter 8.80 "Maintenance of
Long-Term Boarded and Vacated Buildings," adds Chapter 11.72.162 `Blighted
Property," and amends Chapter 11.72.170 "Property Maintenance," 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, vacant properties, or vacant lands to proactively
ensure adequate 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 RESTATING CHAPTER 8.80 OF, ADDING SECTION
11.72.162 TO, AND AMENDING SECTIONS 11.72.170 AND 11.72.245 OF, THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT
!-EM NO.-
City Council Staff Report
November 4, 2015- Page 2
Vacant Building Ordinance Amendment
OF VACANT BUILDINGS, VACANT PROPERTY, AND VACANT LAND AS
PUBLIC NUISANCES AND ABATEMENT OF BLIGHTED PROPERTY."
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, in the Fiscal Year 2015/2016 budget, City Council
provided additional staff report and resources in the Building & Code Enforcement
Department to enable additional attention to the vacant building monitoring program.
This additional enforcement capacity will also include proactive education by the City to
facilitate full-awareness that failure to comply with the City's codes in returning vacant
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 civil penalties of $1,000
or as much as $5,000 monthly.
More importantly, however, staff is recommending that Chapter 8.80 of the PSMC be
repealed and amended and readopted as Article VII to Chapter 8.04 of the PSMC,
incorporating these property maintenance regulations specifically under and as a part of
the City's Uniform Building Codes, and expanding the former regulations to include
obligations to appropriately maintain vacant property and vacant lands, and to extend to
single family residential structures (not just commercial structures as currently applied).
Generally, the existing regulations are transferred from Chapter 8.80 to Chapter 8.04,
with the following new regulations proposed in Chapter 8.04. A legislative draft of the
proposed changes comparing the existing Chapter 8.80 to the proposed Chapter 8.04 is
included as Attachment 1 .
• Section 8.04.703.5 "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 8.04.707.1 "Monitoring Program — Downtown/Uptown; Historic Site," new
Section added to require a specific monitoring plan for vacant 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.
• Section 8.04.707.2 "Monitoring Program — Commercial Properties Outside of
Downtown/Uptown," new Section added to require a specific monitoring plan for
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City Council Staff Report
November 4, 2015- Page 3
Vacant Building Ordinance Amendment
vacant buildings located outside of the Downtown or Uptown areas, and specifying
the minimum requirements for such monitoring plans, including requirements for
monthly reporting.
• Section 8.04.709.5 "Violations; Enforcement; Civil Penalty," new Section added to
expand and clarify the civil penalties which apply to property owners failing to
comply with Article VII of Chapter 8.04, with monthly civil penalties for non-
compliance differing on the basis of the location of the property, as follows:
Commercial properties outside of Downtown/Uptown:
(i) initial penalty: $500
(ii) second penalty: $1 ,500
(iii) third and subsequent penalties: $2,500 per month
Commercial properties located in Downtown/Uptown or Class 1 Historic Buildings:
(i) initial penalty: $1,000
(ii) second penalty: $2,500
(iii) third and subsequent penalties: $5,000 per month
This Section clarifies that the civil penalties imposed by Building Official are subject
to appeal to the Building Codes Appeals Board, or waiver through a finding of the
Building Codes Appeals Board of a substantial economic hardship that would
prevent the property owner's efforts to rehabilitation or repair the building.
It is also important to emphasize and clarify the fact that property maintenance,
including vacant property and vacant land, 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, staff
recommends that the City Council consider the following code revisions:
• Add Section 11.72.162 'Blighted Property," to the PSMC, to read: Any property
which is blighted property as defined in Section 8.80.020 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 (including vacant properties), all buildings, all site improvements, 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 11.72.245 "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.
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City Council Staff Report
November 4, 2015- Page 4
Vacant Building Ordinance Amendment
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 an active building permit for repair or
rehabilitation, and the owner is progressing diligently with such work; or
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.
ONE-PS Review
Staff did provide a copy of the draft Ordinance to the One-PS Subcommittee for its
review, and members suggested expanding this regulatory program to residential
properties as well. Currently, if the vacant residential property is not appropriately
maintained, is not secured, and otherwise does not meet Building Code standards, the
City has the legal authority to enforce the Codes and initiate enforcement action against
the property owner to rehabilitate or demolish the vacant residential building.
Staff recommends that after implementing these new regulations with the additional
staff provided in the current budget, we revisit the "residential' component at a later date
to determine if additional changes may be required.
ENVIRONMENTAL IMPACT:
Section 15061 (b)(3) 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 any new direct physical
impacts 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,
with the addition of certain new positions in the Building & Code Enforcement
Department, should be sufficient to cover costs that are anticipated to be reimbursed
through the fee and cost recovery components of the Ordinance.
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City Council Staff Report
November 4, 2015 - Page 5
Vacant Building Ordinance Amendment
SUBMITTED:
114��a't�lkz'L"'—
Marcus L. Fuller, sst. City Manager DouglA C. Holland, City Attorney
7;FF -�-
David H. Ready, City Manager
ATTACHMENTS:
1. Legislative Draft comparison of existing PSMC 8.80 and proposed PSMC 8.04
2. Ordinance
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ATTACHMENT 1
06
Chapter Q 80 MAINTENANCE OF 1 t?N6-T€RAA BEIARB€9 AN9 VACATED
VIIOji[GI V.VV 11fIT11\ IGlili"[I\VG VI G
t
Article VII Vacant Buildings and Land; Blighted Property
8.04.701 Findings and Purpose
(a) Vacant buildings are a major cause and source of blight in both residential and
pearesi�4er�tialnon 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.
(b) Buildings which remain vacant and unoccupied for any appreciable period of time
become 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 lands are a manor cause and source of blight in both residential and non-
residential neighborhoods, especially when the owner of the vacant lands allows it to
remain as unkempt and unsecured grounds on vacant property, or surrounding vacant
buildings, inviting the dumping of garbage and trash thereon, allowing overgrowth of
vegetation, and inviting the congregation of unauthorized persons who use the vacant
Property for illegal activity.
(d) Vacant buildings (whether or not those buildings are boarded), substandard
structurally deficient, or unkempt buildings, and long-term vacancies, vacant property
and vacant land including unkempt landscaping, 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.
(el Vacant buildings, vacant property, and vacant land are potential fire hazards and
can jeopardize the ability of owners of neighboring property from securing or
maintaining affordable fire insurance.
(f) It is the responsibility of property ownership to prevent owned property from
becoming a burden to the neighborhood and community and a threat to the public
health, safety, or welfare. One vacant building or a vacant property or vacant land which
is not actively and well maintained and managed can be the core and cause of
spreading blight.
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n n StF , n the PF9Vi6i9n6 of this nhanln the following definitions shall apply:
-(g) 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.
(h) Many vacant or abandoned real properties are the responsibility of out-of-area
owners, banks, lenders and/or trustees.
(i) It is in the interest of the welfare of neighborhoods that owners who fail to
maintain property and correct vacant and blighted property, fail to correct substandard
structures and blighted conditions, or who otherwise allow structures or property to
remain in violation of this Code be subject to imposition of escalating administrative
penalties, as set forth in Section 8.04.709.5, in order to encourage these owners to
correct violations of this Chapter in a prompt manner.
(i) The boarding of buildings and structures as provided in this Article are intended
to be an interim, temporary process. It is the goal of this Article that all vacant buildings,
including without limitation single family residential homes, should be rehabilitated
and/or renovated for occupancy in a timely manner.
(k) Due to the potential economic and public health, welfare and safety problems
caused by vacant buildings or vacant land, the City needs to monitor vacant buildings or
vacant land, 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 not those buildings are boarded up)
or vacant land which should be borne by the owners thereof. The fees for a monitoring
program pursuant to the provisions of this Article 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 Article.
8m04.702 Definitions
As used in this Article, 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.
"Agreement" means any written instrument that transfers or conveys title to
08
residential real property from one owner to another after a sale, trade, transfer or
exchange.
"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
tFustTrust.
'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 Article, a building or structure is unsecured when the
public can gain entry without the consent of the owner.
(b) A partially constructed, reconstructed, or demolished building or structure upon
which work is abandoned. Work is deemed abandoned when there is no valid and
current building or demolition permit or when there has not been any substantial work
on the project for a period of six (6) months or more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to potentially
constitute an attraction to children, a harbor for vagrants, criminals or other
unauthorized persons, or so as to enable persons to use the property for the purpose of
committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(a) Exterior wall and/or roof coverings which have become deteriorated and do not
provide adequate weather protections, resulting in termite infestation and/or dry rot.
(b) Broken or missing windows or doors which constitute a hazardous condition or a
potential attraction to trespassers.
(c) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways
sidewalks or other structures on the property which are broken, deteriorated, or
substantially defaced, to the extent that the disrepair is visible from any public right of
way or visually impacts neighboring public or private property or presents an
endangerment to public safety.
(d) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways,
sidewalks or other structures on the property which have been repainted in such a
manner that the appearance may be further deteriorated or substantially defaced.
09
(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
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, or not otherwise maintained, resulting in the water becoming polluted.
Polluted water is defined for the purpose of this Article, 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 wiaesewhere
all entry points, including all doors and windows, have been covered with plywood e
in the manner described in Section
8.04.703.5 to prevent entry into the vacant uilding 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 eRyCity pursuant to the e4y'sCity's Zoning
Ordinance.
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"Building effisiaiOfficial" means the diresterDirector of the depar#aentDepartment of
buildingBuildin and safetySafety for the ^'+• GF the ' F^^*^F of b ildiR^
., 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 trustTrust" means an instrument whereby an owner of real property, as
trustor, transfers a secured interest in the real property in question to a 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 IieuLieu of feFeslesareForeclosure" 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.
"Distressed" means any building, structure or real property that is subject to a
current neticeNotice of defaaltDefault and/or aetiseNotice of tr—st 's sal^Trustee's
Sale, pending tan assessessI c„ sale-Tax Assessors Lien Sale and/or any real property
conveyed via a fareelesureForeclosure sale resulting in the acquisition of title by an
interested beneficiary of a deedDeed of trustTrust, and/or any real property conveyed
via a deedDeed in iieuLieu of fereslesureForeclosure/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 to Museum Drive and located
north of Tahguitz Canyon Way. This definition includes those properties located on
either side of those streets establishing the boundary defined herein.
"Enforcement Official" means the Building Official, the Chief of Police, the Fire
Chief and/or their respective designees and/or the designees of the City Manager.
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"Evidence of uasaaeyVacancv" 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 PAfGFGeFneRt offiAiatEnforcement 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, o_government employees that the property is vacant.
"Foreclosure" means the process by which real property subject to a deedDeed
of trustTrust is sold to satisfy the debt of a defaulting trustor, i.e., borrower.
"Historic Building or Site" shall mean any building, structure, or site designated a
"Class 1" historic structure or site by the City Council pursuant to the provisions of
Chapter 8.05 of this Code.
"Local" means within forty j4QLdriving miles of the building, structure, or real
property in question.
"Notice of defA-1tDefaulV means a recorded instrument that reflects and provides
notice that a defaaltDefault has taken place with respect to a deedDeed of trastTrust,
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 resordRecord" means the person holding recorded title to the real
property in question at any point in time when affloial FeGeFd6Official Records are
produced by the Riverside County F^^, GeRecorder's Office.
"Stn�n
"Property" means any real property interest or estate which may be granted or
devised by deed. The word "Property" includes tracts, lots, easements, or parcels of
land and any and all improvements thereon.
"Property Improvement Program" or "StRPIP" means a program that allows artwork or
other approved displays to be installed by the City within spesifisDowntown/Uptown, or
such other geographic areas of the City determined by the City Manager, chosen as an
alternative pursuant to Section 8.89-93QW4,703 b)(3)(; vii) to provide window
coverings for the storefronts of vacated commercial buildings or portions thereof. Each
SIPPIP will be approved by the City Manager and administered by the Community and
Economic Development Department. Owners of vacated commercial buildings which
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have windows visible from the public right-of-way within the area of the SIRPIP or can
be seen by the public are eligible teshall participate in the SIRPIP upon registration of
the vasatedvacant building as prescribed in Section 8.80040 4.704. A copy of each
SIRPIP 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 structure under Section 8.04.035 of this Code.
"Trustee" means any person, partnership, association, corporation, fiduciary or other
legal entity holding a deedDeed of tr+fstTrust securing an interest in real property.
"Trustor" means any owner/borrower identified in a deedDeed of trestTrust, who
transfers an interest in real property to a trustee as security for payment of a debt by
that owner/berrewertrustor.
"Vacant building" means a building where at least thirty-five percent 35%o of the total
floor area within the building is not lawfully occupied.
`)
"Vacant land" means a lot on which there does not exist any permanent, permitted
structure for human habitation or occupancy.
"Vacant property" has the same meaning as vacant land, and is considered an
undeveloped parcel or parcels of land, including parcels that may have been developed
with a structure or multiple structures which were previously demolished leaving
concrete foundations or other surface improvements in place.
8.04.702.5 Application of Article; Authority of Enforcement Official.
(a) The provisions of this Article shall apply generally to all real property throughout the
City of Palm Springs where any of the conditions specified in this Article are found to
exist.
(b) Provisions of this Article are to be supplementary and complementary 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 Article 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.
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(c) When the requirements of this Article conflict with any other part of the California
Building Standards Code, Title 24, any provision contained elsewhere in the Palm
Springs Municipal Code, or any regulation or requirement adopted by the City, the most
restrictive requirement shall prevail.
(d) The Enforcement Official is authorized and directed to use the provisions of this
Article for the purpose of abating those conditions defined by this Article as a public
nuisance or abating the unlawful conditions defined in this Article.
8.04.703 Owner Responsibilities.
(a) Every owner of real property within the City is required to maintain such property in a
manner so as not to violate the provisions of this Article or this Code and such owner
remains liable for violations thereof regardless of any contract or agreement with any
third party regarding such property.
uNo person, corporation, or other entity shall allow a building designed for human use
or occupancy to stand vacant for more than ninety 9! 0) days, unless the owner
establishes by substantial evidence to the reasonable satisfaction of the
&WdiagEnforcement Official that one of the following applies:
(1) The building is the subject of an active building permit for repair or rehabilitation in
order to make the building habitable and the owner is progressing diligently to complete
tiaesuch 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. Active maintenance and monitoring shall include:
(A)
i_Maintenance of landscaping and plant materials in good condition;
ii_Maintenance of the exterior of the building including, but not limited to, paint, finishes,
windows, doors, and signage in good condition and in compliance with this GedeArticle;
(G)
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;
(D)
iv. Regular removal of all exterior trash, debris and graffiti;
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v_Maintenance of the building in continuing compliance with all applicable codes and
regulations;
vi Pr ve ention 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: (i1) in a manner approved under Zoning Code Section 94.04.00
(Architectural Approval), including review by the Architectural Advisory Committee; or
(42) election upon registration of a vacant building to participate in the
SterefrentProperty 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 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..-,
/ham
ix. Maintaining sufficient utility services to provide power for any alarm or security
system and to properly irrigate all landscaping on the property;
x. Compliance with any alternative or additional methods of securing a building in the
Downtown/Uptown 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 eityCC�, shall cause the boarded
building to be rehabilitated for occupancy within ninety LqOZdays after the building is
boarded and shall comply with the provisions of Subsection (b) of this Section.
(d) The vacant land or vacant property does not contribute to and is not likely to
contribute to blight because the owner is actively maintaining and monitoring such
property so that it does not contribute to blight. Active maintenance and monitoring of
vacant land or vacant property shall include:
U Maintenance of native vegetation in a condition that does not become overgrown or
otherwise contribute to use as a shelter by transients or harbor illegal activity:
(2) Regular removal of trash and debris:
(3) Prevention of criminal activity on the vacant property including, but not limited to, use
and sale of controlled substances, prostitution and criminal street gang activity.
8.04.703.5 Boarding: Permit; Standards
15
(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 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) €ach(c) The boarding permit issued pursuant to this Section shall authorize the
boarding or other securing of a commercial or residential building or structure (but not
including any building or structure in Downtown/Uptown or an Historic Site) for a period
no greater than ninety (90) days unless the boarding has been done in full compliance
with this Section, the owner or his or her authorized representative has submitted a one-
time extension request in writing within 10-days of the expiration of the original permit
with the required fee, the owner has complied with all prior orders and notices regarding
the property; and 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) A boarding permit for a building or structure may not be extended beyond the
periods of time identified in Subsections (c) and (d) of this Section nor may a new
application for the same property be accepted by the Building Official within one year of
the date of expiration of the prior permit, except upon the submission of a written
application by the owner of the property or the owner's 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.
16
(1) "Good cause" shall require a factual showing by the owner that the permit renewal is
made necessary by conditions or events beyond the owner's control, such as inability to
obtain financing for repair or rehabilitation, inability to locate a suitable buyer,
unanticipated delays in construction or rehabilitation, or unanticipated damage to the
Property; and
(2) In addition, where appropriate, "good cause" shall also require a factual showing by
the owner that he/she has exercised reasonable and due diligence in attempting to
complete the needed repair, rehabilitation or correction or in attempting to sell, rent or
lease the property. In the event that the Building Official determines that there exists
good cause to renew the permit and that all other conditions are met, the permit may be
renewed by the Building Official for a period of up to, but not more than, an additional
three (3) months, subject to all of the same conditions imposed on the original permit.
(f) The fees for the initial boarding permit and extension/renewal permit shall be as
established from time to time by the City Council.
(g) The boarding of the doors, windows or other openings of any building or structure or
any means of securing such openings, other than by the conventional method used in
the original construction and design of the building or structure, shall comply with the
following minimum standards:
(1) Securing by Boarding.
(i) Windows: Windows and similar openings shall be boarded with exterior grade
Plywood of a minimum thickness of Y4 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
17
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 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, funk, 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.
8.04.704 Registration Requirement for Vacant Properties.
(a) Each property owner, and any beneficiary and trustee, who holds a deed of trust on
a property located within the sityCity of PsPalm Springs, shall perform an inspection
of the property in question prior to recording a notice of default or similar instrument with
the Riverside County reGGFdors offiGe. 4fRecorder's Office. If any building on the
property is found to be vacant or shows evidence of vacancy, as defined by the
Ghapte,F rticle, it is hereby deemed to be vacant. Vacant land or vacant property, as
defined herein this Article, shall be inspected and registered by the owner thereof as
required by this Section.
18
(b) Within ten (10) business days of identification of any vacant property, or owner's
actual knowledge of any vacant property, owner, owner of record, the beneficiary, and
trustee must register the property with the Building BiresterOfficial.
(c) If the property is occupied but distressed, the trustee and beneficiary or a designee
shall inspect the property on a monthly basis until:
(1) The trustor or another party remedies the default; or
(2) The property is found to be vacant, or shows evidence of vacancy, and is registered
subject to subsectienSubsection (b).
(d) The registration pursuant to subseetienSubsection (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 tosubsest;a Subsection (b) shall be renewed annually.
(f) An annual registration fee, adopted in conformance with Section 8.80:98B04.705,
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 sestienSection 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 GhapterArticle shall remain subject to the annual
registration requirement, security and maintenance standards of this shapteFArticle as
long as they remain vacant.
(i) Any person, partnership, association, corporation, fiduciary or other legal entity that
has registered a property under this ehapterArticle must make a written report to the
Building Official of any change of information
contained in the registration within ten days of the change.
0) The duties/obligations specified in this sestianSection shall be joint and several
among and between all owners, owners of record, beneficiaries, and trustees, and their
respective agents, successors, and assigns.
8.04.705 Registration Fees
19
The fee for registering and re-registering a vacant property shall be set, from time to
time, by resolution of the sity-seUasi�.City Council. The amount of the fee charges shall
not exceed the reasonable estimated cost of administering the provisions of this
ehapteF-Article. Registration fees are non-refundable and may not be pro-rated.
(a) VaGantbuildingsareFnajE)F Gau6eand SGUFGe of blight Rsidtantiel na
maintain and manage the buildiRg tO enGUFe that it dees not beenme a liability to tl4e
-..e building fail6 to'noluding drug
I Ice of nt buildings by transients Rd GFFFRFRals, .,he m ole.. R mR6.e
rnnLin r heating methods eater arisk- of fire for the . ..t hu ildiRgc and adiaeeM
Rrenerties VaRa Rt n sorties nFe oBoR ' sod as d''m RiRg g ndc for junk and debris
and aFe often overgrown with weeds and grass. VaGant buildings whiGh are bearded up
development and retard a atie of..r....erty Val
( ) ReGaause of the he p9teRtlal ...t u bli.. health, welfare and safety
nreblems g ed by .. nt hi dldines, the pity Reeds tom niter .. nt bu IdlRgs o that
.,the do net heoerne attraMiye R saRGeS, aFeof W ed b., trespassers aFe pFE)perly
g'ty fe FA9Rit9FiR@ YaGant b4diR (Whetho OF et the buildings are bearded el
preqFam pursuant te the PFGViGiGRS Of this GhapteF shall be sepaFate from and 'R additiOR
to o FegistratieR fees a administrative oitat'on fines requiped 0 otheFwis assessed
puFGwaRt to the R of this chapter
(a-)-�.04.706 Monitoring Program - Departmental Responsibility and Fees.
(Authority. The buildiRg eff+siaOuilding Official shall be responsible for administering
a program for identifying and monitoring the maintenance of all vacant buildings and
vacant property in the sift'.City. The program shall be documented and regularly
updated. The program shall be available for public review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify buildings which become vacant;
(2) To order vacant buildings which are open and accessible to be secured against
unlawful entry pursuant to this Title Band Chapter of this GGde, iRGlUding the Building
Code;
)(3) To order vacant land or vacant property to be properly maintained of overgrown
vegetation or cleared of trash and debris:
20
(4)_To initiate proceedings against the owner and/or the owner of record of any vacant
building found to be substandard as defined in this t"Article or a nuisance under Title
11 of this Code; for purposes of this G4apterArticle, failure to comply with Section
8.80:030(a04.703(b)(3)(Fvii) related to storefront window coverings is hereby declared a
public nuisance and is thereby subject to all available legal remedies to cure said
nuisance;
(4)
(fTo maintain surveillance over vacant buildings or vacant property so that timely code
enforcement proceedings are commenced in the event a bui4dingthe property becomes
substandard or a nuisance; and
(-r)-
LqLTo establish and enforce rules and regulations for the implementation and
compliance with the Sterefre44tProperty Improvement Program as deseribeddefned in
Section 8.80-02904.702.
(7) To identify blighted property and to initiate proceedings against the owner of record
of any blighted property for failure to remedy such blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant building monitored
pursuant to this shapterArticle, an annual vacant b44d+4g rp opertv monitoring fee in an
initial amount as the oity Gou 4s44City Council may establish by resolution, provided that
the fee shall not exceed the estimated reasonable cost of monitoring the vacant
bulldiag.propertv. The fee shall be payable as to any vacant land or vacant property,
and as to any building, residential or nOR esdentialnon-residential, which:
(1) Is boarded up by voluntary action of the owner or as the result of enforcement
activities by the sityCity; or
(2) Is vacant for more than n4aetysixty days for any reason.
(d) Fee Waiver. The vacant 43u4&4gproperty monitoring fee s4a44may be waived upon a
showing by the owner that:
(1) The owner has obtained a building permit and is progressing diligently to repair the
premises for occupancy so long as such work 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; or
(3) Imposition of the fee would impose a substantial economic hardship on the owner or
would hinder the rehabilitation of the building, provided that the owner participates in the
Property Improvement Program as applicable.
2�.
(e) Procedure. The vacant bu44+4ff rp operty 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 GGURty asses6eF.County Assessor. Any owner billed may apply
for a waiver on the grounds set forth in sabsestieaSubsection (d) of this sestienSection
by submitting a written statement of the grounds for the waiver, and the owner's daytime
telephone number, to the building eT#isiatBuilding Official within thirty days after the
billing is mailed to the owner. The owner shall provide substantial evidence in support
of the owner's statement of the grounds for the waiver. The bia46uilding
Official shall review the written statement and all related evidence and may contact the
owner to discuss the application for waiver. The build+Rg effisia4Building 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 buN4iRg effisia4Buildino Official relating to
an application for waiver may appeal the building e#4sial'sBuilding Official's decision to
the Building Code Appeals Board in the manner provided
in Shapterz?59Section 8.04.340 of this cedeCode.
(g) If the fee is not paid within sixty days after billing, or within sixty days after the
decision of the building ef#isia4Buildina Official or the hearing efFiserBuilding Code
Appeals Board, the city- seuns4CAy Council may thereupon order that the fee be
specially assessed against the property involved. If the city-seun6i4City 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-seuns44City 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.
( )
8.04.706.1 Monitoring Program - Downtown/Uptown; Historic Site.
Within ten (10) days of registration of a vacant building in Downtown/Uptown under
Section 8.04.704(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 building in Downtown/Uptown or a vacant Historic
Building or Site shall include the following components:
(a) Participation in the Property Improvement Program.
22
(b) All doors, windows, and other openinas 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 8.04.703.5 of this Article.
(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) A centralized and registered fire and burglar alarm system for all structures must be
provided and monthly reports showing continued and active service shall be submitted
to the Building Official.
(3) Continuous physical monitoring by means of an onsite patrol shall be provided.
(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.
8.04.706.2 Monitoring Program Commercial Properties Outside of
Downtown/Uptown.
Within twenty (20) days of registration under Section 8.04.704(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 8.04.703.5 of this Article.
23
(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) A centralized and registered fire and burglar alarm system for all structures must be
provided and monthly reports showing continued and active service shall be submitted
to the Building Official.
(3) Continuous physical monitoring by means of an onsite patrol shall be provided.
(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.
8.04.706.3 Monitoring Program —Vacant Land or Vacant Property.
Within ten (10) days of registration of vacant land or vacant property under Section
8.04.704(b) or within five (5) days of a notice to register such vacant land or vacant
property 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 vacant property shall include the following
components:
(a) Property must be periodically maintained to eliminate overgrown native vegetation.
(b) Property must be periodically cleared of all trash and debris.
(c) Property must be continuously monitored to ensure it does not constitute a blight or
attractive nuisance through its use by illegal trespassers and transients.
(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 entire property was inspected,
the native vegetation is not overgrown or contribute to use as a shelter for transients,
and all trash and debris has been removed.
8.04.707 Local Property Management Reguirement
(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
24
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 (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.
LqLThe 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
Ghapter.Article and shall perform all monitoring duties prescribed in this Article. If the
property management company determines the property is not in compliance, it is the
company's responsibility to bring the property into compliance.
')
8.04.708 Joint and Several Liability.
The duties/obligations specified in this sestienArticle shall be joint and several among
and between all trustees and beneficiaries and their respective agents.
(a)
8.04.709 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 such vacant property 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 8.04.703.5 of this Article;
(2) Any vacant building whose doors, windows or other openings are secured by
boarding in compliance with Section 8.04.703.5 of this Article or by any other method
permitted by Section 8.04.703.5 of this Article, at any time at which there is no current
and valid boarding permit as required by Section 8.04.703.5 of this Article;
(3) Any vacant building, vacant land, or vacant property in violation of any of the
provisions of this Article.
25
(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 Article, unless one of the following applies:
(1) The building is the subject of an active building permit for repair, rehabilitation or
demolition and the owner is progressing diligently to complete the 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 be maintained as
a blighted property.
(d) It shall be unlawful and a public nuisance for any owner to allow vacant land or
vacant property to be maintained as a blighted property.
(e) Any violation of this Article shall be deemed a strict liability offense; regardless of a
violator's intent or knowledge.
8.04.709.5 Violations; Enforcement; Civil Penalty
(a) Administrative Penalty for 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
shapterArticle but not covered by subsection (b) of this Section, and causes, permits, or
maintains a violation of this shapterAMicle as to that property, shall be liable for
administrative penalties as follows:
(1) On the administrative penalty due date, as determined by a heaFiagGAGGFthe
Enforcement Official as described in subsection (tic) of this sestieaSection, each party
subject to an abatement order shall pay an administrative penalty of one-44eusandfive
hundred dollars. ($500.00).
(2) In the event that a violation of this ehapteFArticle addressed by an abatement order
has not been abated, cured, remedied. and/or eliminated to the reasonable satisfaction
the bBuilding Official by the thirtieth_(2n day after the administrative
penalty due date, each party subject to said abatement order shall pay a supplemental
administrative penalty of tweone thousand five hundred dollars? ($1,500.00).
26
(3) In the event that a violation of this ebapteFArticle addressed by an abatement order
has not been abated, cured, remedied and/or eliminated to the reasonable satisfaction
of the 136101diRg ef€ieia4Building Official by the sixtieth & n) day after the administrative
penalty due date, each party subject to said abatement order shall pay a second
supplemental administrative penalty of five—two thousand five hundred dollars
($2,500.00) for each calendar month, or portion thereof, the building is in violation of the
provisions of this shapteFArticle.
(b) rrFOGewduFc
0)
(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 subiect to this Article, and causes, permits,
or maintains a violation of this Article as to that property, shall be 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 one thousand dollars ($1,000.00).
(2) In the event that a violation of this Article 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 subiect to said abatement order shall pay a supplemental administrative
penalty of two thousand five hundred dollars ($2,500.00).
(3) In the event that a violation of this Article 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 subiect to said abatement order shall pay a second supplemental administrative
Penalty of five thousand dollars ($5.000.00) for each calendar month, or portion thereof,
the building is in violation of the provisions of this Article.
(c) Procedure for Imposition of Administrative Penalty.
L1)_The administrative penalty shall be imposed by
hearing hefere the hearing OffiGer. The he^rine shall he vend- ^tQ-d aAAAFdRRAR ,.141
then S e4 cen"^^ I. 70 00^.the Building Official. In setting the penalty, the
heariag effreFBuilding Official shall consider the severity of the blighting conditions of
the property and the ewReFsowrier's efforts, or lack thereof, to remedy the problem. The
decision of the Building Official may be fiaa4appealed to the Building
Code Appeals Board in the manner provided in Section 8.04.340 of this Code.
27
(2) The administrative penalty shall be due and payable within thirty JLOJdays after the
decision of the heariRg
Building Official, or if appealed, within thirty (30) days
after the decision of the Building Code Appeals Board. If the penalty is not paid within
forty -five 45 days after which 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 seuasitCity 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 eity seunsi(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.
(ey--) Waiver- of Administrative Penalty. The administrative penalty shaNmay be
waived in whole or in part in the event of an appeal if the
effiseFBuilding Code Appeals Board finds that imposition of the penalty would work a
substantial economic hardship on the owner or would substantially hinder the
rehabilitation of the building- or maintenance of the property, provided that the owner
participates in the Property Improvement Program as applicable.
(d) Ne;,em;iQsivee) Non-Exclusive Remedy. This sestieaSection provides a civil
penalty remedy that is in addition to all other legal remedies, criminal or civil, which may
be pursued by the eityCC� to address any violation of this ehapteF.Article, including
without limitation Sections 1.01.165, 1.01.170, 1.01.171, and 1.01.240 of this Code.
The civil penalty imposed pursuant to the provisions of this sestionSection shall be in
lieu of the administrative citation penalties imposed pursuant to the provisions of
Section 1.06.040 of this cede Code.
(f) Abatement. Where the condition of the property constitutes a dangerous,
substandard, or unsafe building pursuant to the provisions of this Chapter 8.04, the
Building Official may in the Building Official's discretion abate such dangerous,
substandard, or unsafe building pursuant to the procedures authorized by any
applicable uniform code. Recovery of administrative costs or fees may nonetheless be
collected 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).
28
(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 Article is
guilty of a misdemeanor for each day, or portion thereof, such violation continues.
29
ATTACHMENT 2
30
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING ARTICLE VI1 TO CHAPTER 8.04 OF,
REPEALING CHAPTER 8.80 OF, ADDING SECTION 11.72.162
TO, AND AMENDING SECTIONS 11.72.170 AND 11.72.197
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE ESTABLISHMENT OF VACANT BUILDINGS, VACANT
PROPERTY, AND VACANT LAND AS BUILDING CODE
VIOLATIONS AND/OR PUBLIC NUISANCES AND PROVIDING
FOR THE ABATEMENT OF BLIGHTED PROPERTY.
City Attorney's Summary
This Ordinance amends and readopts the current provisions
of Chapter 8.80 of the City's Municipal Code as Article Vll of
Chapter 8.04 of the City's Municipal Code relating to vacant
buildings, vacant property, and vacant land and the
establishment of non-maintained vacant buildings, vacant
property, and vacant land as building code violations and/or
public nuisances. The Ordinance also provides for the
requirement to register all vacant buildings and vacant land
with the City, obtain local property management to manage
each such property, and provides for administrative
programs to monitor all vacant buildings, boarded
buildings, vacant property, and vacant land, the imposition
of fees and civil penalties in furtherance of the programs,
and administrative review and appeal opportunities. This
Ordinance also adds Section 11.72.161 to the City's
Municipal Code finding blight a public nuisance, amends
Section 11.72.170 of the City's Municipal Code relating to
property maintenance, and amends Section 11.72.197 of
the City's Municipal Code authorizing the Building Official to
abate dangerous, substandard or unsafe buildings.
i
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Final Dran Vacant Building Ordinance I205_p15
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The City Council of the City of Palm Springs ordains:
SECTION 1. Article VII is added to Chapter 8.04 of the Palm Springs Municipal
Code to read:
Article VII Vacant Buildings and Land; Blighted Property
8.04.701 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.
(b) Buildings which remain vacant and unoccupied for any appreciable period
of time become 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 lands are a major cause and source of blight in both residential
and non-residential neighborhoods, especially when the owner of the vacant
lands allows it to remain as unkempt and unsecured grounds on vacant
property, or surrounding vacant buildings, inviting the dumping of garbage and
trash thereon, allowing overgrowth of vegetation, and inviting the congregation
of unauthorized persons who use the vacant property for illegal activity.
(d) Vacant buildings (whether or not those buildings are boarded),
substandard structurally deficient, or unkempt buildings, long-term vacancies,
vacant property and vacant land including unkempt landscaping, 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.
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(e) Vacant buildings, vacant property, and vacant land are potential fire
hazards and can jeopardize the ability of owners of neighboring property from
securing or maintaining affordable fire insurance.
(f) It is the responsibility of property ownership to prevent owned property
from becoming a burden to the neighborhood and community and a threat to
the public health, safety, or welfare. One vacant building or a vacant property or
vacant land which is not actively and well maintained and managed can be the
core and cause of spreading blight.
(g) 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.
(h) Many vacant or abandoned real properties are the responsibility of out-
of-area owners, banks, lenders and/or trustees.
(i) It is in the interest of the welfare of neighborhoods that owners who fail
to maintain property and correct vacant and blighted property, fail to correct
substandard structures and blighted conditions, or who otherwise allow
structures or property to remain in violation of this Code be subject to
imposition of escalating administrative penalties, as set forth in Section
8.04.709.5, in order to encourage these owners to correct violations of this
Chapter in a prompt manner.
(j) The boarding of buildings and structures as provided in this Article are
intended to be an interim, temporary process. It is the goal of this Article that
all vacant buildings, including without limitation single family residential homes,
should be rehabilitated and/or renovated for occupancy in a timely manner.
(k) Due to the potential economic and public health, welfare and safety
problems caused by vacant buildings or vacant land, the City needs to monitor
vacant buildings or vacant land, 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
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Final Drall Vacant Building Ordinance 10.05 2015
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buildings (whether or not those buildings are boarded up) or vacant land which
should be borne by the owners thereof. The fees for a monitoring program
pursuant to the provisions of this Article 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 Article.
8.04.702 Definitions
As used in this Article, 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.
"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.
"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 Article, a building
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Final Dr.h Vacam Building Ordinance 10.051015
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or structure is unsecured when the public can gain entry without
the consent of the owner.
(b) A partially constructed, reconstructed, or demolished building
or structure upon which work is abandoned. Work is deemed
abandoned when there is no valid and current building or
demolition permit or when there has not been any substantial work
on the project for a period of six (6) months or more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to
potentially constitute an attraction to children, a harbor for vagrants,
criminals or other unauthorized persons, or so as to enable persons to use
the property for the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(a) Exterior wall and/or roof coverings which have become
deteriorated and do not provide adequate weather protections,
resulting in termite infestation and/or dry rot.
(b) Broken or missing windows or doors which constitute a
hazardous condition or a potential attraction to trespassers.
(c) Building exteriors, walls, fences, signs, retaining walls,
driveways, walkways, sidewalks or other structures on the property
which are broken, deteriorated, or substantially defaced, to the
extent that the disrepair is visible from any public right of way or
visually impacts neighboring public or private property or presents
an endangerment to public safety.
(d) Building exteriors, walls, fences, signs, retaining walls,
driveways, walkways, sidewalks or other structures on the property
which have been repainted in such a manner that the appearance
may be further deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
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(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
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, or not otherwise maintained,
resulting in the water becoming polluted. Polluted water is defined
for the purpose of this Article, 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.
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Final D,A Vacant Building Ordinance 10.05>_DI S
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"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 8.04.703.5 to prevent entry into the
building or structure by persons or animals.
"Building" means any structure, including, but not limited to, any
residential, commercial, industrial, or assembly structure, approved for
occupancy on either a lot of record or within a single project approved by the
City pursuant to the City's Zoning Ordinance.
"Building Official" means the Director of the Department of Building and
Safety for the City.
"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 the real property in question to a 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 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.
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"Distressed" means any building, structure or real property that is subject
to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax
Assessors Lien Sale and/or any real property conveyed via a Foreclosure sale
resulting in the acquisition of title by an interested beneficiary of a Deed of
Trust, and/or any real property conveyed via a Deed in Lieu of Foreclosure/sale,
regardless of vacancy or occupancy by a person with no legal right of occupancy.
"Downtown/Uptown" means the area bounded by Vista Chino on the
north, Palm Canyon Drive (Vista Chino to Alejo Road) and Belardo Road (Alejo
Road to Ramon Road) on the west, Ramon Road on the south, and Indian
Canyon Drive on the east, including that portion west of Belardo Road extending
to Museum Drive and located north of Tahquitz Canyon Way. This definition
includes those properties located on either side of those streets establishing the
boundary defined herein.
"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.
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"Historic Building or Site" shall mean any building, structure, or site
designated a "Class 1" historic structure or site by the City Council pursuant to
the provisions of Chapter 8.05 of this Code.
"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 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 real property interest or estate which may be
granted or devised by deed. The word "property" includes tracts, lots,
easements, or parcels of land and any and all improvements thereon.
"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
8.04.703(b)(3)(vii) to provide window coverings for the storefronts of vacated
commercial buildings or portions thereof. Each PIP will be approved by the City
Manager and administered by the Community and Economic Development
Department. Owners of vacated commercial buildings which have windows
visible from the public right-of-way within the area of the PIP or can be seen by
the public shall participate in the PIP upon registration of the vacant building as
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Final Draft`/acam Building Ordinance[0,052W5
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prescribed in Section 8.04.704. 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 structure under Section 8.04.035 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.
"Vacant land" means a lot on which there does not exist any permanent,
permitted structure for human habitation or occupancy.
"Vacant property" has the same meaning as vacant land, and is
considered an undeveloped parcel or parcels of land, including parcels that may
have been developed with a structure or multiple structures which were
previously demolished leaving concrete foundations or other surface
improvements in place.
8.04.702.5 Application of Article; Authority of Enforcement Official.
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Final Draft Vacnnt Building Ordinance 10 05.'015
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(a) The provisions of this Article shall apply generally to all real property
throughout the City of Palm Springs where any of the conditions specified in this
Article are found to exist.
(b) Provisions of this Article are to be supplementary and complementary 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 Article 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 Article conflict with any other part of the
California Building Standards Code, Title 24, any provision contained elsewhere
in the Palm Springs Municipal Code, or any regulation or requirement adopted
by the City, the most restrictive requirement shall prevail.
(d) The Enforcement Official is authorized and directed to use the provisions of
this Article for the purpose of abating those conditions defined by this Article as
a public nuisance or abating the unlawful conditions defined in this Article.
8.04.703 Owner Responsibilities.
(a) Every owner of real property within the City is required to maintain such
property in a manner so as not to violate the provisions of this Article 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 one of the following applies:
(1) The building is the subject of an active building permit for repair or
rehabilitation in order to make the building habitable and the owner is
progressing diligently to complete such repair or rehabilitation within six
(6) months of the issuance of the first building permit related to such
repair or rehabilitation;
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(2) The building meets all applicable codes, is actively maintained, and is
ready for occupancy, and is actively being offered for sale, lease or rent;
(3) The building or the lot on which the building is located, and the
landscaping on such lot, does not contribute to and is not likely to
contribute to blight because the owner is actively maintaining and
monitoring the building and the lot so that it does not contribute to
blight. Active maintenance and monitoring shall include:
i. Maintenance of landscaping and plant materials in good
condition;
ii. Maintenance of the exterior of the building including, but not
limited to, paint, finishes, windows, doors, and signage in good
condition and in compliance with this Article;
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;
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viii. Securing the property in a manner so as not to be accessible to
unauthorized persons. Secure manner includes, but is not limited
to, closing and locking of windows, doors (walk-through, sliding and
garage), gates and any other opening that may allow access to the
interior of the property and or structure(s) and/or the erection of
temporary construction fencing approved by the Enforcement
Official for not more than 180 days. In the case of broken windows,
securing includes the replacement of the broken window;
ix. Maintaining sufficient utility services to provide power for any
alarm or security system and to properly irrigate all landscaping on
the property;
x. Compliance with any alternative or additional methods of
securing a building in the Downtown/Uptown 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.
(d) The vacant land or vacant property does not contribute to and is not likely to
contribute to blight because the owner is actively maintaining and monitoring
such property so that it does not contribute to blight. Active maintenance and
monitoring of vacant land or vacant property shall include:
(1) Maintenance of native vegetation in a condition that does not become
overgrown or otherwise contribute to use as a shelter by transients or
harbor illegal activity;
(2) Regular removal of trash and debris;
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Final D.R Vacant Building Ordinance 10 D52015
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(3) Prevention of criminal activity on the vacant property including, but
not limited to, use and sale of controlled substances, prostitution and
criminal street gang activity.
8.04.703.5 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 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
(but not including any building or structure in Downtown/Uptown or an Historic
Site) for a period no greater than ninety (90) days unless the boarding has been
done in full compliance with this Section, the owner or his or her authorized
representative has submitted a one-time extension request in writing within 10-
days of the expiration of the original permit with the required fee, the owner
has complied with all prior orders and notices regarding the property; and 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.
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(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) A boarding permit for a building or structure may not be extended beyond
the periods of time identified in Subsections (c) and (d) of this Section nor may a
new application for the same property be accepted by the Building Official
within one year of the date of expiration of the prior permit, except upon the
submission of a written application by the owner of the property or the owner's
authorized representative or contractor, upon the payment of the required fee,
upon the confirmation through inspection by the Building Official that the
boarding or other method of securing the building or structure has been done in
compliance with this Section, and upon demonstration that "good cause" for the
renewal exists.
(1) "Good cause" shall require a factual showing by the owner that the
permit renewal is made necessary by conditions or events beyond the
owner's control, such as inability to obtain financing for repair or
rehabilitation, inability to locate a suitable buyer, unanticipated delays in
construction or rehabilitation, or unanticipated damage to the property;
and
(2) In addition, where appropriate, "good cause" shall also require a
factual showing by the owner that he/she has exercised reasonable and
due diligence in attempting to complete the needed repair, rehabilitation
or correction or in attempting to sell, rent or lease the property. In the
event that the Building Official determines that there exists good cause to
renew the permit and that all other conditions are met, the permit may
be renewed by the Building Official for a period of up to, but not more
than, an additional three (3) months, subject to all of the same conditions
imposed on the original permit.
(f) The fees for the initial boarding permit and extension/renewal permit shall be
as established from time to time by the City Council.
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(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.
(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.
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(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
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
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any fire or health hazard and prevent hindrance to firefighting equipment
or personnel in the event of a fire.
8.04.704 Registration Requirement for Vacant Properties.
(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 Article, it is hereby deemed to be vacant. Vacant land or vacant property,
as defined herein this Article, shall be inspected and registered by the owner
thereof as required by this Section.
(b) Within ten (10) business days of identification of any vacant property, or
owner's actual knowledge of any vacant property, owner, owner of record, the
beneficiary, and trustee must register the property with the Building Official.
(c) If the property is occupied but distressed, the trustee and beneficiary or a
designee shall inspect the property on a monthly basis until:
(1) The trustor or another party remedies the default; or
(2) The property 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 8.04.705,
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.
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(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 Article shall remain subject to the annual
registration requirement, security and maintenance standards of this Article as
long as they remain vacant.
(i) Any person, partnership, association, corporation, fiduciary or other legal
entity that has registered a property under this Article must make a written
report to the Building Official of any change of information contained in the
registration within ten 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.
8.04.705 Registration Fees
The fee for registering and re-registering a vacant property 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 Article. Registration fees are non-refundable and may not be pro-rated.
8.04.706 Monitoring Program — Departmental Responsibility and Fees.
(a) Authority. The Building Official shall be responsible for administering a
program for identifying and monitoring the maintenance of all vacant buildings
and vacant property in the City. The program shall be documented and
regularly updated. The program shall be available for public review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify buildings which become vacant;
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(2) To order vacant buildings which are open and accessible to be secured
against unlawful entry pursuant to this Title and Chapter of this Code;
(3) To order vacant land or vacant property to be properly maintained of
overgrown vegetation or cleared of trash and debris;
(4) To initiate proceedings against the owner and/or the owner of record
of any vacant building found to be substandard as defined in this Article
or a nuisance under Title 11 of this Code; for purposes of this Article,
failure to comply with Section 8.04.703(b)(3)(vii) related to storefront
window coverings is hereby declared a public nuisance and is thereby
subject to all available legal remedies to cure said nuisance;
(5) To maintain surveillance over vacant buildings or vacant property so
that timely code enforcement proceedings are commenced in the event
the property becomes substandard or a nuisance; and
(6) To establish and enforce rules and regulations for the implementation
and compliance with the Property Improvement Program as defined in
Section 8.04.702.
(7) To identify blighted property and to initiate proceedings against the
owner of record of any blighted property for failure to remedy such
blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant building
monitored pursuant to this Article, an annual vacant property 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
property. The fee shall be payable as to any vacant land or vacant property, and
as to any 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 sixty days for any reason.
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(d) Fee Waiver. The vacant property monitoring fee may be waived upon a
showing by the owner that:
(1) The owner has obtained a building permit and is progressing diligently
to repair the premises for occupancy so long as such work 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; or
(3) Imposition of the fee would impose a substantial economic hardship
on the owner or would hinder the rehabilitation of the building, provided
that the owner participates in the Property Improvement Program as
applicable.
(e) Procedure. The vacant property 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, and the owner's
daytime telephone number, to the Building Official within thirty days after the
billing is mailed to the owner. The owner shall provide substantial evidence in
support of the owner's statement of the grounds for the waiver. 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 Building
Code Appeals Board in the manner provided in Section 8.04.340 of this Code.
(g) If the fee is not paid within sixty days after billing, or within sixty days after
the decision of the Building Official or the Building Code 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
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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.
8.04.706.1 Monitoring Program - Downtown/Uptown; Historic Site.
Within ten (10) days of registration of a vacant building in Downtown/Uptown
under Section 8.04.704(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 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 8.04.703.5 of this Article.
(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:
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(1) Buildings with fire sprinkler systems must be maintained in working
order.
(2) A centralized and registered fire and burglar alarm system for all
structures must be provided and monthly reports showing continued and
active service shall be submitted to the Building Official.
(3) Continuous physical monitoring by means of an onsite patrol shall be
provided.
(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.
8.04.706.2 Monitoring Program - Commercial Properties Outside of
Downtown/Uptown.
Within twenty (20) days of registration under Section 8.04.704(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 8.04.703.5 of this Article.
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(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) A centralized and registered fire and burglar alarm system for all
structures must be provided and monthly reports showing continued and
active service shall be submitted to the Building Official.
(3) Continuous physical monitoring by means of an onsite patrol shall be
provided.
(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.
8.04.706.3 Monitoring Program —Vacant Land or Vacant Property.
Within ten (10) days of registration of vacant land or vacant property under
Section 8.04.704(b) or within five (5) days of a notice to register such vacant
land or vacant property 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 vacant
property shall include the following components:
(a) Property must be periodically maintained to eliminate overgrown native
vegetation.
(b) Property must be periodically cleared of all trash and debris.
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(c) Property must be continuously monitored to ensure it does not constitute a
blight or attractive nuisance through its use by illegal trespassers and transients.
(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 entire property was inspected, the native vegetation is not overgrown
or contribute to use as a shelter for transients, and all trash and debris has been
removed.
8.04.707 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 shall be contracted to perform weekly inspections to
verify that the requirements of this section, and any other applicable laws, are
being met.
(b) The property shall be posted with the name and 24-hour contact phone
number of the local property management company. The posting shall be no
less than 18" X 24", shall be of a font that is legible from a distance of forty-five
(45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED
BY " and "TO REPORT PROBLEMS OR CONCERNS CALL (name and
phone number)".
(c) The posting shall be placed on the interior of a window facing the street to
the front of the property so it is visible from the street, or secured to the
exterior of the building/structure facing the street of the front of the property
so it is visible from the street. If no such area exists, the posting shall be on a
stake of sufficient size to support the posting, in a location that is visible from
the street to the front of the property, and to the extent possible, not readily
accessible to potential vandalism. Exterior posting must be constructed of, and
printed with weather resistant materials.
(d) The local property management company shall inspect the property on a
weekly basis to determine if the property is in compliance with the
requirements of this Article and shall perform all monitoring duties prescribed in
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this Article. If the property management company determines the property is
not in compliance, it is the company's responsibility to bring the property into
compliance.
8.04.708 Joint and Several Liability.
The duties/obligations specified in this Article shall be joint and several among
and between all trustees and beneficiaries and their respective agents.
8.04.709 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 such vacant property 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 8.04.703.5 of this
Article;
(2) Any vacant building whose doors, windows or other openings are
secured by boarding in compliance with Section 8.04.703.5 of this Article
or by any other method permitted by Section 8.04.703.5 of this Article, at
any time at which there is no current and valid boarding permit as
required by Section 8.04.703.5 of this Article;
(3) Any vacant building, vacant land, or vacant property in violation of any
of the provisions of this Article.
(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 Article, unless one of the following applies:
(1) The building is the subject of an active building permit for repair,
rehabilitation or demolition and the owner is progressing diligently to
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complete the 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
be maintained as a blighted property.
(d) It shall be unlawful and a public nuisance for any owner to allow vacant land
or vacant property to be maintained as a blighted property.
(e) Any violation of this Article shall be deemed a strict liability offense;
regardless of a violator's intent or knowledge.
8.04.709.5 Violations; Enforcement; Civil Penalty
(a) Administrative Penalty for 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 Article but not covered by subsection (b)
of this Section, and causes, permits, or maintains a violation of this Article as to
that property, shall be 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
five hundred dollars ($500.00).
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(2) In the event that a violation of this Article 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 one thousand
five hundred dollars ($1,500.00).
(3) In the event that a violation of this Article 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 second supplemental administrative penalty
of two thousand five hundred dollars ($2,500.00) for each calendar
month, or portion thereof, the building is in violation of the provisions of
this Article.
(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 Article, and causes, permits, or maintains a violation of this Article as to
that property, shall be 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
one thousand dollars ($1,000.00).
(2) In the event that a violation of this Article 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 two
thousand five hundred dollars ($2,500.00).
(3) In the event that a violation of this Article addressed by an abatement
order has not been abated, cured, remedied and/or eliminated to the
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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 second supplemental administrative penalty
of five thousand dollars ($5,000.00) for each calendar month, or portion
thereof, the building is in violation of the provisions of this Article.
(c) Procedure for Imposition of Administrative Penalty.
(1) The administrative penalty shall be imposed by the Building Official. In
setting the penalty, the Building Official shall consider the severity of the
blighting conditions of the property and the owner's efforts, or lack
thereof, to remedy the problem. The decision of the Building Official may
be appealed to the Building Code Appeals Board in the manner provided
in Section 8.04.340 of this Code.
(2) The administrative penalty shall be due and payable within thirty (30)
days after the decision of the Building Official, or if appealed, within thirty
(30) days after the decision of the Building Code Appeals Board. If the
penalty is not paid within forty five (45) days after which payment is
otherwise due, the City Council may thereupon order that the penalty be
a personal obligation of the property owner or that it be specially
assessed against the property involved. If the City Council orders that the
penalty be specially assessed against the property, it shall confirm the
assessment and thereafter said assessment may be collected at the same
time and in the same manner as ordinary real property taxes are collected
and shall be subject to the same penalties and the same procedure and
sale in case of delinquency as provided for ordinary real property taxes.
All laws applicable to the levy, collection, and enforcement of real
property taxes are applicable to the special assessment;
(3) The City Council may also cause a notice of lien to be recorded. The
notice shall, at a minimum, identify the record owner or possessor of the
property and set forth the last known address of the record owner or
possessor, the date on which the penalty was imposed, a description of
the real property subject to the lien, and the amount of the penalty.
(d) Waiver of Administrative Penalty. The administrative penalty may be waived
in whole or in part in the event of an appeal if the Building Code Appeals Board
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finds that imposition of the penalty would work a substantial economic hardship
on the owner or would substantially hinder the rehabilitation of the building or
maintenance of the property, provided that the owner participates in the
Property Improvement Program as applicable.
(e) Non-Exclusive Remedy. This Section provides a civil 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 Article, including without limitation
Sections 1.01.165, 1.01.170, 1.01.171, and 1.01.240 of this Code. The civil
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 pursuant to the provisions of this Chapter 8.04,
the Building Official may in the Building Official's discretion abate such
dangerous, substandard, or unsafe building pursuant to the procedures
authorized by any applicable uniform code. Recovery of administrative costs or
fees may nonetheless be collected 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 Article is guilty of a misdemeanor for each day, or portion
thereof, such violation continues.
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 8.04.702 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
to read:
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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 the following
abuses including, but not limited to: 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.
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(4) Landscaping improvements shall be maintained in a healthy condition
and complementary to neighboring buildings and properties. Such
maintenance shall include, but not be limited to: lawns which are watered
and trimmed to a uniform height, flowers and ground covers which are
healthy and uniform in their appearance, and shrubs and trees which are
trimmed and pruned to retain their health and adequate clearance over
pedestrian and vehicular areas. Landscaping incorporating bare earth or
gravel shall be kept free of weed growth. Plant materials designated on a
landscape plan shall be retained in their natural shape unless otherwise
denoted on the approved plan.
(5) Irrigation systems shall provide adequate irrigation to all plant
materials to allow normal growth, retain water within planted areas, and
be maintained in an operative condition.
(c) Property on which overgrown, dead, diseased, or decayed trees, weeds or
other vegetation that are likely to harbor rats, pigeons, vermin, and other
nuisances, or constitute a fire hazard or other condition that is dangerous to, or
otherwise poses a risk of harm to the public health, safety, or welfare, or
constitutes visual blight or reduces the aesthetic appearance of the
neighborhood or is offensive to the senses or is detrimental to the use and
enjoyment of nearby properties or reduces nearby property values is a public
nuisance
(d) The substantial lack of maintenance of grounds within the city where such
grounds are viewable by the public from a public right-of-way or viewable form
the sites of neighboring properties, is a public nuisance. The substantial lack of
maintenance shall mean failure to comply with the requirements of Subsections
(a) and (b) of this Section or to allow trees, shrubs, plants, vegetation, or debris
to exist on the grounds in a state that is unsightly, or interferes with the
reasonable enjoyment of property by neighbors, or detrimentally affects
property values in the surrounding neighborhood or community, or which would
materially hamper or interfere with prevention or suppression of a fire, or
interfere with prevention or suppression of a fire, or detrimentally affects
aesthetic values of surrounding properties.
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SECTION 4. Section 11.72.245 of the Palm Springs Municipal Code is amended
to read:
11.72.245 Summary Abatement.
(a) Any public nuisance which is reasonably believed to be imminently
dangerous to the life, limb, health, or safety of the occupants of the property or
to the public may be summarily abated by the City Manager, or designee.
(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:
33 63
Final Draft Vacant Building Ordinance I0.05.2015
Ordinance No.
Page 34
NOTICE TO DESTROY OR REMOVE DANGEROUS CONDITION OF PROPERTY
NOTICE IS HEREBY GIVEN that on the City Manager declared that
property located at is a public nuisance, as provided in
Chapter 11.72 of the Palm Springs Municipal Code, and is imminently dangerous
to life, limb, health, or safety and must be immediately abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall
immediately destroy or remove the dangerous condition caused by such
condition of the property, or after_ hours that condition may be abated by the
city authorities, in which case the costs of such abatement will be assessed upon
the lots and lands from which the dangerous condition shall have been
destroyed or removed; and such costs will constitute a lien upon such lots or
lands until paid and will be collected upon the next tax roll upon which general
municipal taxes are collected. All persons having any objection on the proposed
destruction or removal of such dangerous condition, or upon the assessment of
such costs, are hereby directed to file such written objection with the City Clerk
in the City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263-2743 or
via email to palmspringsca.gov, by 5:00 p.m. on ,
20 , or thereafter all such objections shall be deemed waived and the
City Manager, city employees, contracting agents or other representatives are
authorized to enter upon this property to abate the dangerous condition.
DATED: This _ day of 20_.
City Manager
SECTION 5. Section 11.72.197 of the Palm Springs Municipal Code is amended
to read:
11.72.197 Abatement of dangerous or substandard buildings.
Where any condition which would otherwise constitute a violation subject to
abatement pursuant to the procedures authorized by this Chapter also
constitutes a dangerous, substandard, or unsafe building pursuant to Article VII
of Chapter 8.04 of this Code, the Building Official may in the Building Official's
discretion abate such dangerous or substandard building pursuant to the
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Final D,,A Vacant Building Ordmn nin 1O.052015
Ordinance No.
Page 35
procedures authorized in Article VII of Chapter 8.04 of this Code. Recovery of
administrative costs or fees 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 such uniform
code, such notice shall include a statement substantially similar to that
contained in Section 11.72.200(6).
SECTION 6. Chapter 8.80 of the Palm Springs Municipal Code is hereby
repealed. In repealing Chapter 8.80, the Council specifically finds and
determines that this Ordinance substantially amended and readopted Chapter
8.80 as Article VII to Chapter 8.04 of the Palm Springs Municipal Code.
SECTION 7. 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 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 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST:
35 65
Final Dm0 Vacant Building OnGnance 10.05 2015
Ordinance No.
Page 36
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
36 66
Final Draft Vacant Building Ordinance 10,05,2015
RECEIVED
JF PRIM
2015 NOV -2 PM 3: 21
MEMORANDUM JAi-IES THOHrz :it
CITY CLERK
DATE: October 14, 2015
TO: Marcus Fuller, Assistant City Manager/City Engineer
FROM: Curt Watts, Chair of ONE-PS Code Enforcement & Public Works Committee
Thank you for your October 7th presentation to members of our ONE-PS Code
Enforcement & Public Works Committee regarding the proposed revisions to the City's
Vacant Building Ordinance. As indicated at that meeting, our Committee is supportive
of the overall intent and direction of the revised Ordinance as well as potential
consideration by the City Council (as early as October 21s) SUBJECT TO additional
comments from our subcommittee studying the specific wording and provisions of the
Ordinance. That group has completed its review and offers the following comments
summarized below.
1) We endorse the concept that this revised Ordinance expands its applicability to
include not just vacant buildings, but all vacant property and vacant land in the
City.
2) We endorse establishing non-maintained vacant buildings, vacant property, and
vacant land as building code violations and/or public nuisances.
3) We endorse establishing a requirement to register all vacant buildings with the
City, to require local property management for managing specified properties (as
further commented upon below), providing for administrative programs to monitor
all vacant buildings, boarded buildings, vacant property, and vacant land, and the
imposition of fees and civil penalties (as also commented upon below) in
furtherance of the programs.
4) We strongly endorse the concept that this Ordinance needs to adequately
address the unique problems that long-term vacant buildings pose for our
residential neighborhoods and to that end we suggest:
a) That provisions of a monitoring program for residential properties be included
in the ordinance for owners and/or local property management similar to the
requirements being placed on vacant commercial buildings); and
b) That a schedule of penalties be established in the Ordinance for residential
properties in similar fashion to the schedules established for commercial
properties. Our specific suggestion is that the residential property penalties
be established at a lower level (i.e. $250/$500/$1,000 for the tiered
enforcement timelines).
5) To ultimately achieve success in this area of concern, we strongly suggest that
the City Council provide the appropriate resources (both staffing and financial) to
allow property implementation of the provisions of this Ordinance. Without
appropriate resources for proper implementation and enforcement (including
tracking individual cases), the provisions of the Ordinance will be little more than
words on a piece of paper.
6) We also suggest that following adoption of the Ordinance, staff prepare a
summary "user-friendly" reference document describing the various
requirements, timelines and fines contained within the Ordinance so that property
owners and neighborhood organizations can easily understand their applicability
in specific cases.
7) IN ADDITION, in keeping with the above comments, specific suggestions on
various sections of the proposed revised Ordinance are attached hereto.
THANK YOU for this opportunity to provide comments on this matter of great
importance to the neighborhoods and citizens of Palm Springs.
Curt Watts, Chairperson
ONE-PS Code Enforcement & Public Works Committee
Attachment:
- Suggestions on Specific Sections of the Proposed Revised Ordinance regarding
Vacant Buildings, Vacant Property and Vacant Land
Suggestions on Specific Sections of the Proposed Revised Ordinance
regarding Vacant Buildings, Vacant Property and Vacant Land
8.04.704 Registration Requirement for Vacant Properties.
The provisions of this entire section 8.04.704 should:
- Be included AS PART OF 8.04.703 - Owner Responsibilities;
- PRECEDE 8.04.703.5 -Boarding: Permit; Standards; and
- Items (a) and (b) should be reversed to make it clear that ALL vacant properties are to
be registered with the Building Official (and not just those associated with beneficiaries
and trustees holding a deed of trust on such property).
8.04.707 Monitoring Program—Departmental Responsibility and Fees.
A section describing monitoring program requirements for RESIDENTIAL PROPERTIES should be
added (similar to 8.04.707.1 and 8.04.707.2 for Commercial Properties).
Note: In the proposed monitoring programs for Commercial Properties (and the above
suggested added Residential Properties section), it should be clarified that the required
monthly report is to be submitted to the City (for record-keeping and follow-up as needed).
8.04.708 Local Property Management Requirement
As currently stated it is unclear as to whether or not this requirement applies only to
commercial properties or also to residential properties (since no monitoring program has
previously been included for Residential Properties). This should be clarified in conjunction
with the above suggested addition.
8.04.709.5 Violations; Enforcement; Civil Penalty
A section describing Administrative Penalties for Residential Properties should be added
(similar to those for Commercial Properties) but at a lesser dollar amount. Suggested amounts
are $250, $500&$1,000 for the three tiered amounts.
j 1 t- 1.A 1111 1. 10 11 1D,
PLANNING tk DEVELOPMENT DErARTMEN]
CONSIRUCINoN DIVISION - fwiqomiC Df.vf.i-or-mrNI DIVIS1014
PLANNING & NATHRAI, DIVISION - 1141BAL HiSIOHiC PRESERVATION 0FI icL NOV
18 11
November 2, 2015 j4hLs -fhotir5
CITY CLERK
Mayor Steve Pougnet and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
RE: AGENDA ITEM 3A: PROPOSED ORDINANCE ADDING ARTICLE V11 "VACANT BUILDINGS
AND LAND; BLIGHTED PROPERTY" TO TITLE 8, REPEALING CHAPTER 8.80"MAINTENANCE
OF LONG-TERM BOARDED AND VACATED BUILDINGS," AND AMENDING CHAPTER 11.72
"PUBLIC NUISANCES" OF THE PALM SPRINGS MUNICIPAL CODE
Dear Mayor and City Council:
The Tribe requests a continuance of Agenda Item 3A on the agenda for the City Council Meeting of
November 41, 2015. It is clear that this Code Amendment, if enacted,would significantly affect
allotted trust land of the Agua Caliente Indian Reservation. Therefore, in accordance with our Land
Use Agreement, this continuance is required to allow the Tribe the opportunity to review the ordinance
and assess its impacts to Reservation land. Once the Tribal Council has completed its review, it will
provide its recommendations to the City Council.
V tFoly yo
Th as J. AICP
C f PI i E
Chi Planning Davis,7and Development Officer
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
TJD/lf
C: Tribal Council
John Plata, General Counsel
011ie Beyal, Bureau of Indian Affairs
David Ready, City Manager
5401 DINAil SHORE DRIVE, PALM SPRINGS, CA 92264
7CWP99/6800 - AGUACALIENTE-1\15N .GOV