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HomeMy WebLinkAboutORD 541ORDINANCE NO. 5 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.20 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1: That Chapter 8.20 of the Palm Desert Municipal Code is amended to read as follows: "8.20.010 Purpose. The City Council finds and determines that the regulation of public nuisances as described herein is a proper exercise of police power to protect the health, safety and welfare of the public and is authorized by the California Government Code and the California Constitution. The City Council further finds and determines that unless corrective measures are taken to abate public nuisances, the social and economical standards of the community will be reduced. The City Council further finds and determines that the abatement of public nuisances enhances the appearance, maintains the values and improves the tax base with respect to properties within the community. The City Council further finds that abatement procedures set forth in this chapter are reasonable and afford due process. "Therefore, it is declared a public nuisance for any person owning, leasing, renting, occupying or having charge or possession of any premises in the City to maintain such premises in such a manner as to create a public nuisance and/or fire hazard affecting the health, safety and welfare of the citizens of the City. "8.20.020 Unlawful Property Nuisances. It shall be unlawful and a public nuisance for any person that owns, leases, rents, occupies, has charge of or possesses any property in the City to maintain such property such that any of the following conditions, or similar conditions, exist thereon including, but not limited to: "(a) Buildings or structures which are abandoned, partially destroyed or left in an unreasonable state.of partial construction. For purposes of this para- graph, an unreasonable state of partial construction is where any partially constructed building or structure, the building permits for which have expired, substantially detracts from the appearance of the immediate neighborhood DSP9C/8 cr/5.18.8b or reduces the property values in the immediate neighborhood. "(b) Unpainted buildings or structures that have dry rot, whose materials are warped or infested with termites, or any building or structure whose paint has become excessively cracked, whose paint has peeled or blistered, such that the building or structure is unsightly. "(c) Exterior walls, fences, driveways or sidewalks which are maintained in a condition of deteriora- tion or disrepair and which are defective or unsightly such that the values of surrounding properties are reduced. "(d) Broken windows, damaged doors or gates which constitute a hazard and an invitation to trespassers or vagrants. "(e) Construction equipment, machinery or Luilding materials of any type or description parked or stored on the premises which is visible to the general public except during excavation, construction or demolition operations conducted pursuant to an active building or grading permit for the premises. "(f) Land graded without an appropriate city permit which causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to be injurious or potentially injurious to adjacent properties. " (g) Any excavation, pit, well or hole which is open to the public, or unguarded, or abandoned, such that the excavation, pit, well or hole may be dangerous to life. "(h) Any dust, sand, gravel, trash or other refuse and waste matter debris which is allowed to interfere with the reasonable enjoyment of property by neighbors, or detrimentally affects property values in surrounding neighborhoods or community and resulting from construction activities within the City. "(i) All outdoor stairs, porches, hand railing, balconies and awnings not adequately maintained in a safe and structurally sound condition. "(j) Any swimming pool, spa, pond, fountain or other body of water which is, may become, or which has become polluted, stagnant, a breeding place for insects or otherwise hazardous, ordorous or unsightly. P -2- DSP9C/8 cr/5.18.88 "(k) A building or structure that is marked or defaced with spray paint, dye or li" . substance in a manner commonly described as graffiti fc an unreasonable period of time. "(1) Any violation of the zoning ordinance of the City of Palm Desert, any violation of the City sign ordinance, any violation of the Uniform Codes adopted by the City including, but not limited to, the Uniform Building Code, Code for Abatement of Dangerous Buildings, Plumbing Code, Electrical Code, Mechanical Code, Swimming Pool Code, Fire Code, Health Code or Uniform Housing Code, as the same currently exists or as they may be hereinafter enacted or amended. "(m) Premises so maintained as to cause the accumulation of polluted or stagnant water when such water causes a hazardous or unhealthy condition, breeding areas for insects, or erosion of foundation walls or soil. "(n) Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to interfere with the reasonable enjoyment of property by neighbors, and depreciate the aesthetic and property values of surrounding property. "(o) The intentional outdoor burning of any. material, structure, matter, or thing, unless authorized by the Palm Desert Fire Department or authorized representative by issuance of a permit to do so. There shall be no authorized burning on Friday, Saturday, Sunday or Government Code holidays. "(p) To leave or permit any abandoned, unattended or discarded ice box, refrigerator, freezer or other container which has an airtight door or lid with a snap lock or other device which may not be released from the inside, to be left outside of any building or structure at anytime. "(q) Stockpiling of fill dirt or other material without a permit. "(r) The substantial lack of maintenance of grounds, landscape, shrubs, plants or vegetation within the City which are viewable by the general public from a public right-of-way or viewable from neighboring properties such that the property value of surrounding properties are reduced or such that the aesthetics of surrounding properties are detrimentally affected. -3- DSP9C/8 cr/5.18.88 "(s) Landfills which contain organic materials except as permitted by the Building Director the Public Works Director. "(t) The existence of the following on property such that the health, safety or general welfare is detrimentally affected or in such a manner that a public nuisance or fire hazard is created: "1. Lumber, junk, trash, debris, refuse, waste matter or other salvage materials visible from a public right-of-way or adjoining property. "2. Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment and machinery, hazardous pools and excavations. 113. Abandoned or discarded furniture, appliances, play equipment or other household fixtures or other equipment, stored so as to be visible from public right-of-way or from adjoining property. 114. Clotheslines in front yard areas or side yard areas of corner lots, clothes hung to dry on ' walls, fences, trees, bushes or inside opened garage or carport areas where such is viewable from the public right- of-way. "5. Abandoned, wrecked or inoperative vehicles of all types, and parts thereof. "6. Materials or items of any type stored on roof tops when visible from the public right-of- way. "7. Garbage or trash cans, containers or plastic bags stored in front or side yards, visible from the public right-of-way, or which cause offensive odors. "8. Gasoline, oil, grease, water or other materials which flow onto the public right-of-way, or the excessive accumulation of refuse and waste, grease and oil on any paved surfaces, buildings, structures, walls or fences. "9. Any tree, shrubbery or plant permitted to grow onto or over the public right-of-way such that pedestrian or vehicular traffic is impaired, or such that vehicle operators cannot clearly observe safety signs and signals. "10. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown an DSP9C/8 cr/5.18.88 vegetation, cultivated or uncultivated, which is likely to harbor rats, vermin or constitute an unsightly appearance, nuisance, fire hazard or that is detrimental to neighboring properties or property values. "11. Refuse and waste matter defined in this chapter, which, by reason of its vocation in character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. "8.20.030 Refuse and Waste Matter Defined. 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, leaves, grass, 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 or parts thereof, trimmings, cans, bottles, barrels and unapproved filler dirt or similar matter. "8_.20.035 Regulation of Activities and Hours of Operation of Businesses. The City Council, upon a finding that certain activities within a commercial or industrial district creates a nuisance, and after a duly noticed public hearing, may regulate or enjoin the hours of operation or the activities of businesses within the City commercial and industrial districts. "8.20.040 Procedure for Inspections. Whenever necessary to make an inspection to enforce any provisions 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 jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by the ordinances of the City; provided that, except in emergency situations, he or she shall first give the owner and/or occupant, if he can be located after reasonable effort, twenty four hours' written notice of the authorized official's intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered the seek assistance from any court of competent jurisdiction in obtaining such entry. In the event he or she is unable to locate the owner after -5- DSP9C/8 cr/5.18.88 reasonable effort, the official is empowered to enter the premises. "8.20.050 Assessment of Administrative Costs. The City Council shall, from time to time, determine and fix an amount to be assessed as an administrative cost, exclusive of the actual costs of removal or abatement of the nuisance, which administrative costs may be determined and established for each stage of the proceedings, and which administrative costs will be and become a part of the cost of abating the nuisance. "8.20.060 Notice Required. Upon determination that a public nuisance exists as defined in this chapter, on any lot or premises, or upon any sidewalk, parking or street adjacent to such lot or premises, an authorized employee of the City shall cause a notice to be issued to the owner of the lot or premises, as shown upon the last available assessment roll, directing him or her to abate the nuisance. Said notice shall be served as required pursuant to Section 8.20.080 of this chapter. "8.20.070 Posting Notice - Form and Contents. Such notice shall be headed: "Notice of Public Nuisance", in letters not less than one inch in height and which shall, in legible characters, direct the abatement of the nuisance referring to this chapter for particulars. Notices served by means other than posting as required by this chapter shall contain a description of this property in general terms reasonably sufficient to identify the location of the nuisance. "8.20.080 Service of Notice. Any notice required by Section 8.20.060 may be served in any of the following methods: "A. By personal service on the owner, occupant or person in charge or control of the property; "B. By posting at a conspicuous place on the land or premises or abutting public right-of-way; "C. By sending a copy of such notice by certified mail to the owner of the property as the owner may appear upon the last assessment roll in the county assessor's office. "8.20.090 Appeal and Hearing. Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At a regular meeting, not more I DSP9C/8 cr/5.18.88 than thirty days thereafter, the City Council shall proceed to hear and pass upon the appeal. The decision of the City Council thereupon shall be final and conclusive. "8.20.100 Owner to Abate -Time. Any nuisance found to exist under the provisions of this code shall be abated by the owner, his agent or the occupant of the lot or premises as soon as practicable, but in no case in more than twenty (20) days from the date of the mailing of the Notice to Abate, unless a nuisance is determined by the City of Palm Desert Fire Department to constitute a fire hazard, in which case the owner, his agent or the occupant of the lot or premises shall abate the nuisance within seven (7) days from the date of mailing of the Notice to Abate. "8.20.110 Emergency Abatement. If a nuisance presents an imminent threat to life or public safety, the City may issue an order directing the owner, his agent or the occupant of the lot or premises to immediately take such action as is appropriate to correct or abate the emergency. "8.20.120 City to Abate and Report. If the owner fails or neglects to remove or otherwise take action to abate the nuisance as defined in this chapter within the time specified in Section 8.20.100 and 8.20.110, the City, through the authorized City employees, shall cause such nuisance to be abated. The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council or the City may elect to enforce compliance by taking action in the name of th City in any court of competent jurisdiction. 118.20.130 Hearing on Assessment. The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time and place of hearing in a conspicuous place in or near the entrance of the City offices. The owner who is affected by such report and account, or the person occupying or controlling such lot or premises, shall be sent a notice advising him of the date, time and place of hearing and the notice shall be served as provided for in this chapter. "8.20.140 Resolution Assessing Liens. The City Council shall consider the report and account at the time set for the hearing, together with any objections or protests by any interested parties. Any owner or land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either -7- DSP9C/8 cr/5.18.88 approve the report and account as submitted, or as modified or corrected. The amounts so approved shall be liens upon the respective lot 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. "8.20.150 Recording. The City Clerk shall prepare and file with the county auditor of the county a certified copy of the resolution of the City Council. ."8.20.160 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 8.20.130. "8.20.170 Assessment and Collection. The provisions of Sections 38773.5 through 39585, inclusive, of the Government Code, as they exist and as they may be sub- sequently 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 parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, ' if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as are provided for ordinary municipal taxes. "8.20.180 Right of City to Bring Legal Action. In addition to the remedies set forth in Section 8.20.170, the City Council and the City of Palm Desert are authorized to bring any legal action, in any court of competent jurisdiction, for the recovery of any funds expended by the City in order to abate any public nuisance as defined in this code. In the event legal action is brought by the City, reasonable attorney fees and costs may be collected, and such attorney fees and costs shall constitute a debt owed 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 judg- ment by execution and sale in accordance with the procedure set forth by the law for the enforcement of judgments. The judgments shall bear interest at the rate of ten percent per year from the time that the report is filed as set forth in Section 8.20.120, and shall include reasonable attorney 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. DSP9C/8 cr/5.18.88 "8.20.190 Penalty. The owner, occupant or agent of any lot or premises within the City who permits or allows the existence of a public nuisance as defined in Section 8.20.010, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty as provided in Chapter 1.12, as amended from time to time. "8.20.200 Severability. Should any provision of this chapter be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision and, to this end, the provisions of this ordinance are declared severable." Section 2: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be printed once in the Palm Desert Post, a newspaper -of general circulation printed, published and circulated in the City of Palm Desert, and this ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 23rd day of June, 1988, by the following vote: AYES: Councilpersons Crites, Kelly, Snyder, Wilson and Benson NOES: None ABSENT: None ABSTAIN: None EAN BENSON, Mayor 11fity of Palm Desert, California ATTEST: SHEILA R. GILLIGAN,// City Clerk �/ City of Palm Desert, California -9-