HomeMy WebLinkAboutORD 24ORDINANCE NO. 24
1 ORDISANCb tTO. . 4 DATED. ......f:. s'»
S AN 0RA2179"w:CE; OF TKC CITY OP PALM DUSURT,
CA:';V%1►:11.1, Y:S!.iNG9 ACCULATIONS P110l:XUU1W'S
S wu t.Z`•\ rit01. Ve S>U131JU NUILANCLS IN SAID CITY.
4 The City Council of the City of halm Desert, County of
i Riverside, State of California, DOES ORDAIN as foll"4s=
i Sl:CTIOtt 1. Definitions.
T (a) Fire hazard. All dry, dead shrubs, dead trees,
I comb+:stiblo refuse and waste, or any material growing around
9 the streets, sidewalks or upon private property within the
to city, which by reason of its size, manner or growth or
11 location consitute a fire hazard to any building, improvements,
12 crops, or other property, or when dry, will in reasonable
13 probability constitute a hazard, is a public nuisance.
14 (b) Polluted water. Any swimming pool, pond or ether
is body o: water which is abondoned, unattended, unfiltered, or
16 not otherwise maintained, resulting in the water becc•ming
it polluted, constitutes a public nuisance.
1s (c) Polluted water defined. Polluted water is defined
19 for .the purpose of this chapter, as water contained it a
20 swimming pool, pond, or other body of water, which includes
21 but is not limited to bacterial growth, including algae,
22 remains of rubbish, refuse, debris, pagers or any other
23 foreign matter of which, because of its nature or location,-
24 constitutes an unhealthy, unsafe, or unsightly condition.
25 (d) Public burning. The intentional outdoor burning
26 of ary material, structures, matter, or thing is a public
2t nuisance unless authorized by the Palm Desert Fire Department
21 or authorized representative by permit. There shall be no
29 burning on Friday, Saturday and Sunday.
•D (a) Refuse and waste. Refuse and waste matter as
IN defined in subsection (f) of this section, which by reason of its
82 plocation character is unsightly and interferes with the reason
YagC 1. AMENDED AMENDED
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able enjoyment of property by neighbors, detrimentally affects
property values in the surrounding neighborhood or community, or
which could *a.terially hamE interfere with the prevention
or suppression of lac.w apon the premises is a public nuisance.
(f) Refuse and waste definition. Refuse and waste
'matter is defined for the purpose of this chapter as unused or
discarded matter and material having no substantial market value,
and which consists of rubbish, garbage, weeds, palm fronds, refuse
debris, and matter of any kind including but not limited to
rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil,
building materials, crates, cartons, containers, boxes, machinery
or parts thereof, scrap metal and other pieces of metal, ferrous
or nonferrous, furniture or parts thereof, inoperative vehicles,
vehicle bodies and/or trimmings from plants or trees, cans, bottle ,
barrels or similar.matter.
(g) Construction problems. Any dust, sand, gravel,
trash, or other debris which is allowed to interfere with the
reasonable enjoyment of property by neighbors, or detrimentally
affect property values in the surrounding neighborhood or cormtun-
ity and resulting from construction within the City of Paln
Desert, is declared to be a public nuisance.
SECTION 2. Procedure.
Whenever necessary to make an inspection to enforce
any provision of the ordinances of the city, or whenever there is
reasonable cause to believe that there exists a violation of this
code in any building or upon any premises within the jursdiction
of the city, any authorized official of the city may, upon pre-
sentation of proper credentials, enter such building or premises
at all reasonable times to inspect the same or to perform any
duty imposed upon him by the ordinances of the city; provided,
that except in emergency situations, he shall first give the owner
and/or occupant, if he can be located after reasonable effort,
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btanty-four fours written notice at the authorized official's
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intention to inspect. 2n the event the owner and/or. occupant
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refuses entry, the officia: -.mpowerod to seek assistance from
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any court of competent jurisdiction in obtaining such entry. In
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the event he is unable to locate after reasonable effort, the
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owner, the official is empowered to enter the premises.
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SECTION 3. Notice required.
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Upon determination that a public nuisance exists, as
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defined in Section 1, on any lot or promises, or upon any sidewalk,
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parking or street adjacent to such lot or premises, an authorized
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employee of the City of Palm Desert shall cause a notice to be
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issued to the proper person or persons to abate'such nuisance.
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SECTION 4. Notice --Porn and contents.
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Such notice shall be headeds ":notice of Public Nuisance" in
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letters not lens than one inch in height and which shall, in
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legible characters, direct the abatement of the nuisance referring
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to this chapter for particulars. Notices served by means other
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than posting as required by this chapter shall contain a descrip-
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tion of the property in general terms reasonably sufficient to
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identify the location of the nuisance.
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SECTION S. Service of notice.
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Any notice required by Section 4 may be served in any
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of the following methods:
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(a) By personal service on the owner, occupant or
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person in charge or control of the property;
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(b) By posting at a conspicuous place on the land or
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premises or abutting public right of way;
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(c) By sending a copy of such notice by certified mail
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to the owner of the property as the owner may appear upon the last
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assessment roll in the county assessor's office of the County
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of Riverside, California.
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SECTION 6. Appeal and bearing.
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Within seven days from the data of posting, mailing or
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i personal service of the raquired notice, the owner or person
I occupying or controlling such lot or promises affected may aNpc.:i
S to the city council. Such . .&I shall be in writing and
S shall be filed with the city ciark. At a regular meeting
i not more th^n thirty days thereafter, the city council shall
i proceed to hear and pass upon the appesl. The decision of the
T city council thereupon shall be final and.conclusive.
i SECTION 7. Owner to abate.
Any nuisar}co found by the city council to be such under
10 this chapter, shall be abated by the owner, his agent, or
11 the occupier of the premises forthwith, or as soon thereafter
12 as practicable after the order to abate becomes final, but
if in no case more than seven days after said final order.
14 SECTION B. City to abate and report.
U If the owner fails or neglects to remove or otherwise
16 take action to abate the nuisance as defined in Section 1,
17 within Lhe time specified in Section 7, the city, through
18 the city employees authorized, shall cause such nuisance to
19 be abated. The abatement work may be done by city crews or
20 by private contractor. A report of the proceedings and an
n accurate account of the cost of abating the nuisance on each
12 separate property shall be filed with the city council.
Zi SECTION 9. hearing on assessment.
24 The City. Clerk shall thereupon set the report and account for
ZS hearing by the city council at the first regular meeting which
26 will ba held at least seven calendar days after the date of
V filing, and shall post a copy of the report and account and noticeli
2 of the time and place of hearing in a aonspicuoua place in
1P Zr near the entrance of the Palm Desert City offices. The owner
20 who is affected by such report and account, or the person occupyin
n or controlling such lot or promises, shall _be sent a notice advis-
sf Wg bin of the date, time and place of hearing and the notice
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ahalY be serrad as provided for in this chapter.
SWTZOR 10. Revolution assessing lien.
the city council*aha. alder the report and account
ait the time out for hearing, together with any objections or
protests by any interested parties. Any owner of land or person
.interested therein may present a written or oral protest or objec-
tion to the report and account. At the conclusion of the hearing
the city council shall either approve the report and account as
submitted or as modified or corrected. The amounts so approved
•shall be liens upon the respective lots or premises. The city
council shall adopt a resolution assessing the amounts as liens
upon the respective parcels of land as they are shown upon the
last available assessment roll, before the determination that a
public nuisance exists.
SECTION 11. Recording.
The city clerk shall prepare and file with the county
auditor of the county of Riverside a certified copy of the said
resolution of the city council.
SECTION 12. Payment.
The finance department of the city may accept payment
of any amount due at any time prior to the city council hearing,
as called for in Section 9.
SECTION 13. Assessment and collection.
The provisions of Sections 38773.5 and 39580 to 39585,
inclusive, of the Government Code, as they exist and
and as they may be subsequently amended, are incorporated by
reference and made a part of this chapter. The county auditor
shall enter each assessment in the county tax roll opposite the
parcftl of laid. The amount of the assessment shall be collected
at the time and in the manner of ordinary municipal taxest and
If delinquent, the amount is «ubject to the same penalties W
procedures of foreclosure and sale as is provided for ordinary
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sw Meipal taxes.
OWT� ZOO ti _14. Penalty*
The owner, oavurant, or agent of any lot or premises
within the city who permits or allows the existence of a public
nuisance as defined in erection 1, upon any lot or.premises ovmed,
occupied or controlled by him, or who violates any of the provi-
sions of this chapter, is guilty of a misdemeanor and upon convic-
tion thereof shall be subject to a penalty as provided in Section
• SECTION 15. Right of city to bring legal action. In
addition to the remedies above set forth the city council is
authorized to bring a legal action in a court of competent juris-
diction for the recovery of any moneys expended by it in order to
abate a nuisance as set forth in this chapter. Before the
bringing of the action the notice and procedure as contained in
Sections 3 through 8, shall be complied with and the amount set
forth in the report.as contained in Section 8 shall be deemed a
debt owing by the owner of the property to the city and in the
event that legal action is brought by the city against the pro-
perty owner, reasonable attorney's fees and costs shall constitute
a debt owing by the property owner to the city. After the action
is brought and the service of -the summons and complaint has been
made upon the property owner and a judgment has been obtained by
the city against the property owner the city may enforce the
judgment by execution and sale in accordance with the procedure
set forth by law for the' enforcement of judgments. The judgments
shall bear interest at the rate of ten per cent per year from
the time that the report is filed as set forth in Section 8, and
shall include reasonable attorney'a fees and costs of suit. The
remedy as set forth in this section shall be nonexclusive and
the city may pursue any or all of the remedies as contained in
this 'chapter for the enforcement of this chapter.
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The City Clark is hereby directed to cause this orditt-
once to be posted In th.... Ablic places, Its accordance with
Cover, at Code Section 36933.
PASSED, APPROVED and ADOPTED this 11th day of.
Aartl 1974, by the, following votes
ATES1 Astoul beasiong Brush; McPherson; Clark
WESS None
ADSEWs none
HENRY B. CLA—O..,—, 'Utyor
City of Pa'Desert, California
ATTESTt
KWV-r.Y L. HURLBURT, City Ulerk
City of Palm Desert, California
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