HomeMy WebLinkAboutORD 801ORDINANCE NO. Rn I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER
8.70 OF THE PALM DESERT MUNICIPAL CODE,
PERTAINING TO PROPERTY MAINTENANCE.
WHEREAS, adequate property maintenance is vital to preservation of the City's
environment, image, economy, and property values; and
WHEREAS, laws relating to property maintenance are found in a wide variety of
Municipal Code titles and chapters; and
WHEREAS, public awareness of and compliance with those laws will be enhanced
through their consolidation, cross-reference, and/or restatement as a new chapter of the
Municipal Code devoted to property maintenance; and
WHEREAS, in conjunction with the foregoing, the City Council wishes to adopt
and amend miscellaneous laws related to property maintenance.
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
DOES ORDAIN as follows:
Section 1. Chapter 8.70 is hereby added to the Palm Desert Municipal Code and
will read as follows:
"Chapter 8.70
PROPERTY MAINTENANCE
8.70.010 Purpose and intent; violation of Chapter.
The City Council has determined that the quality of life in Palm Desert is tied to
the character and condition of real property within the City, and that inadequate
property maintenance tends to cause a diminution in the enjoyment, use, aesthetics, and
value of surrounding properties. It is the purpose of this Chapter to restate, cross-
reference, and amend the City's property maintenance standards, in an effort to promote
public awareness of those standards, visual unity and order, as well as enhance the value
of land and development within the City, and protect the appearance, integrity and
character of the community. Restatements and cross-references of existing Code
provisions and laws are not intended to supersede or conflict with those laws.
Inspection of property for compliance with these standards may be accomplished
in any constitutionally permissible fashion including inspection from public rights -of -way,
inspection with a property owner or occupier's consent, and inspection through a court -
issued warrant. Violations of the property management standards of this Chapter are
declared a public nuisance, which may be abated by the City in accordance with Chapter
8.20 of the Palm Desert Municipal Code. In addition to or in lieu of such administrative
abatement, the City may pursue any other legal or equitable remedies available to it
under this Code or state law, including but not limited to the procedures contained in
the California Health & Safety Code and in the Uniform Code for the Abatement of
Dangerous Buildings.
8.70.020 Property manager registration.
All owners of multi -family rental properties within the City consisting of three or
more units shall provide the City with the name and telephone number of at least one
person whom the City may contact in the event of a compliance problem relating to the
requirements of this chapter. In addition, all on -site property managers shall register
with the City, providing their names, addresses, telephone numbers, and such other
information as the City Manager or his or her designee may deem useful to the
enforcement of this Chapter, except to the extent such information is not available to
cities due to constitutional or statutory limitations.
8.70.030 Compliance with approved plans: commercial properties, multi -family
properties, and single family residential subdivisions.
Buildings, structures, and landscaping on commercial properties, multi -family
properties, and the common areas and perimeters of single family residential subdivisions
within the City shall be maintained in a condition consistent with all approved plans on
file with the City and as installed at the time of final City inspection.
8.70.040 Substandard buildings and housing.
Buildings and structures on property shall not be left abandoned, partially
destroyed, in an "unreasonable state of partial construction," or in a condition that
violates an applicable provision of the California Health and Safety Code or of the
uniform codes previously adopted by the City, including but not limited to the Uniform
Building Code, Uniform Code for Abatement of Dangerous Buildings, Uniform
Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, Uniform
Swimming Pool Code, Uniform Fire Code, and Uniform Housing Code, as the same
currently exist or may hereafter be amended. See Cal. Health & Safety Code §§
17920.3, 17922.2, and 17060; see also Palm Desert Municipal Code Chapters 15.04, 15.16,
17.01, 18.04, 19.01, 21.04, and 22.01.
For purposes of this section, the following definitions shall apply:
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• "Abandoned" means forsaken and devoid of any apparent owner or other
person claiming title, or unoccupied and unmaintained for such an
extended period of time and in such a manner as to give an outward
appearance that all claims to possession or control have been relinquished.
• 'Partially destroyed" means severely damaged by fire, flood, earthquake,
vandalism, or other forces and, as a result, substantially detracting from the
appearance of the immediate neighborhood or reduces the property values
in the immediate neighborhood.
• "Unreasonable state of partial construction" means a state in which building
permits for construction have expired before the completion of construction
and the partially constructed building or structure substantially detracts
from the appearance of the immediate neighborhood, or reduces the
property values in the immediate neighborhood.
8.70.050 Painted surfaces and wood.
Painted surfaces on the exteriors of buildings and structures on properties shall be
maintained in good condition. For purposes of this section, "good condition" means
devoid of excessive and unsightly cracking, peeling, or blistering. Wood components of
buildings and structures shall be maintained free of dry rot, warping, and termite
infestations.
8.70.060 Walls, fences, driveways, and sidewalks.
Exterior walls, fences, driveways, and sidewalks visible from public right-of-ways
or adjacent properties shall be maintained in good condition. For purposes of this
section, "good condition" means free of excessive and unsightly defects or deterioration
that could reduce surrounding property values.
8.70.070 Windows, doors, and gates.
Any broken windows, damaged doors, and damaged gates in condition that
constitutes a safety hazard or invitation to trespassers or vagrants shall be promptly
repaired or replaced.
8.70.080 Construction equipment, machinery, and materials.
Construction equipment, machinery, or building materials of any type or
description shall not be parked or stored on any portion of the premises that is visible to
from the public right-of-way or from adjacent properties except during excavation,
construction, or demolition operations conducted pursuant to an active building or
grading permit for the premises. In addition, vehicles towing cement mixers and other
construction equipment shall not be parked in public view for more than 12 hours at a
location that is not the site of an ongoing construction project.
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8.70.090 Erosion, subsidence, and drainage.
Land shall not be maintained or graded in such a fashion as to cause erosion,
subsidence or surface water drainage problems of such magnitude as to endanger public
health or safety.
8.70.100 Excavations, pits, and wells.
Excavations, pits, and wells or holes on property shall not be left open to the
public in a hazardous condition. See also Palm Desert Municipal Code Section 8.50.210,
pertaining to abandoned wells.
8.70.110 Signage.
All on -premise signs must be maintained in a safe, presentable, and structurally
sound condition at all times, including the replacement of defective parts, wiring, ballast,
painting, repainting, cleaning, and other acts required for the maintenance of said sign,
whether done on site or in a licensed contractor's place of business. Signs illuminated
either internally or externally must be capable of being fully illuminated and legible, the
face(s) intact (without holes or other exterior facial damage).
In the case of abandoned signs resulting from a user vacancy, the identification,
name, and other sign contents pertaining to the abandoned business must ordinarily be
removed and replaced with a blank panel or white space within thirty days of the user
vacancy. See Palm Desert Municipal Code Section 25.68.470. Signs not maintained in
accordance with these and other maintenance requirements specified by Municipal Code
Section 25.68.470 may be abated in accordance with that Section. "Abandoned" means
forsaken and devoid of any apparent owner or other person claiming title, or unoccupied
and unmaintained for such an extended period of time and in such a manner as to give
an outward appearance that all claims to possession or control have been relinquished.
8.70.120 Outdoor stairs, railings, balconies, and awnings.
All outdoor stairs, porches, hand railings, balconies, and awnings shall be
adequately maintained. For purposes of this section, "adequately maintained" means
safe, structurally sound, and in a condition that does not detract from the appearance of
the immediate neighborhood or reduce the property values in the immediate
neighborhood. Proper maintenance of awnings includes regular cleaning and, when
faded or damaged, replacement of awning materials. See Palm Desert Municipal Code
Section 25.68.610.
8.70.130 Swimming pools and other bodies of water.
All swimming pools shall be maintained in accordance with applicable
requirements of the Uniform Swimming Pool adopted by the City, as the same now exists
or may hereafter be amended. And under no circumstances shall any swimming pool,
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spa, pond, fountain, or other body of water on property be left in a condition hazardous
to public health and safety. Conditions deemed hazardous to public health and safety
include, but are not limited to water that is polluted, stagnant, odorous, and a breeding
place for insects.
8.70.140 Graffiti defacement.
Whenever a building or structure is marked or defaced with spray paint, dye or
like substance in a manner commonly described as graffiti, the graffiti shall be promptly
removed in accordance with Palm Desert Municipal Code Section 9.40.060.
8.70.150 Neighborhood compatibility.
Property shall be maintained in reasonable consistency and compatibility with the
maintenance standards of adjacent properties so as not to interfere with the reasonable
enjoyment of such properties or to depreciate their aesthetic or property values. This
section shall not be' construed as relieving a property owner, manager, or occupier from
complying with any property maintenance provisions of the Palm Desert Municipal Code
or applicable state law.
8.70.0160 Outdoor burnings.
With the exception of candles, matches, lighters, barbecue coals, cigarettes, and
other lawful and traditional incendiary devices, the intentional outdoor burning of any
material, structure, matter or thing, on property must be authorized by the city fire
department or its authorized representative by issuance of a permit to do so. There shall
be no authorized burning on Friday, Saturday, Sunday or Government Code holidays.
8.70.170 Refrigerators, airtight containers.
No person shall leave or permit on outdoor property any unattended icebox,
refrigerator, freezer or other container that has an airtight door or lid with a snap lock
or other device that may not be released from the inside. For purposes of this section,
"unattended" means unsecured or unsupervised in such a manner as to create an
attractive nuisance and safety hazard to children or other persons.
8.70.180 Stockpiling of dirt, other materials.
No person shall stockpile fill dirt or other material on any outdoor property
within public view without a permit. For purposes of this section,"stockpiling" means
deliberate accumulation of an unusually large quantity of material in a particular
location, ordinarily for some future use.
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8.70.190 Vegetation, landscaping.
Grounds, landscape, shrubs, plants, and vegetation within the city that are
viewable by the general public from a public right-of-way or viewable from neighboring
properties shall be adequately maintained. Any dead, decayed, diseased or hazardous,
hedges, weeds, shrubs, or overgrown vegetation, cultivated or uncultivated, that are likely
to harbor rats or vermin, constitute a fire hazard, or substantially detract from the
appearance of the immediate neighborhood or reduce the property values in the
immediate neighborhood, is not permitted and shall be promptly removed. No tree,
shrubbery, or plant shall be permitted to grow onto or over the public right-of-way in
such a manner that pedestrian or vehicular traffic is impaired, or such that vehicle
operators cannot clearly observe safety signs and signals. For purposes of this section,
"adequately maintained" means a condition that does not substantially detract from the
appearance of the immediate neighborhood or reduce surrounding property values.
8.70.200 Abandoned furniture, lumber, junk.
Abandoned or discarded furniture, appliances, play equipment, or other household
fixtures or other equipment, lumber, junk, trash, debris, refuse, waste matter, and other
salvage materials shall not be stored so as to be visible from public right-of-way or from
adjoining property, nor in such a manner that they constitute a fire hazard. For purposes
of this section, "abandoned or discarded" means forsaken and devoid of any apparent
owner or other person claiming title, or in such a condition as to give an outward
appearance that all claims to possession or control have been relinquished.
8.70.210 Attractive nuisances.
Attractive nuisances dangerous to children, including unattended equipment and
machinery and hazardous pools and excavations, shall not be permitted outside of
buildings and structures. For purposes of this section, "unattended" means unsecured or
unsupervised in such a manner as to create a safety hazard to children or other persons.
8.70.220 Clotheslines, clothes.
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 are not
permitted if visible from the public right-of-way.
8.70.230 Nuisance vehicles.
Except as otherwise stated below, abandoned, wrecked or inoperative vehicles of
all types, and parts thereof, are not permitted in areas of property visible from the public
right-of-way or from adjacent properties. See also Palm Desert Municipal Code Chapter
10.24. Likewise, highly unsightly vehicles are not permitted in areas of property visible
from the public right-of-way or from adjacent properties and may be abated utilizing the
procedures set forth in Municipal Code Chapter 10.24. For purposes of this section, a
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"highly unsightly vehicle" is a vehicle having such a poorly maintained exterior that its
presence in areas of property visible from the public right-of-way or from adjacent
properties substantially detracts from the appearance of the immediate neighborhood
and/or reduces surrounding property values. For purposes of this section and Municipal
Code Chapter 10.24, a vehicle shall not be considered inoperative if, from all external
evidence visible from a public right-of-way or from adjacent properties, the vehicle
reasonably appears to be operative.
8.70.240 Rooftop storage.
No materials or items of any type may be stored on rooftops when visible from
the public right-of-way or from adjacent properties.
8.70.250 Commercial kitchens.
Cleaning of floormats used in restaurant kitchens, bars, and other areas of
commercial food preparation (hereafter referred to collectively as "commercial kitchens")
is not permitted in sidewalks, streets, public right-of-ways or other public property, nor in
outdoor areas of private property that drain into public streets, gutters, or other public
rights -of -way. Cleaning equipment associated with commercial kitchen operations,
including but not limited to mops, towels, brushes, brooms, buckets, and hoses, which are
stored outside must be kept within service yards or other areas of the property that are
screened from public view. Likewise, any refuse and/or recycling bins, containers, or
bags outside the property shall be kept in approved enclosures or other areas of the
property that are screened from public view in compliance with this Code. See Palm
Desert Municipal Code Section 8.70.290 and Chapters 8.12 and 8.16.
Neither operators of commercial kitchens nor the owners of property on which
such kitchens are located shall allow grease, food drippings, or other waste substances
attributable to kitchen operations to unreasonably accumulate on exterior areas of the
property that are open to or visible by the public. Such exterior areas include but are
not limited to walkways and parking lots open to the public, and trash receptacles or
enclosures that are visible by the public. For purposes of this section, "unreasonably
accumulate" means to amass in such a quantity that any of the following conditions exist:
(1) exterior property surfaces of at least six inches in diameter or twelve inches in length
are oily or sticky to the touch for more than 24 hours; (2) concrete sidewalk surfaces of
at least six inches in diameter or twelve inches in length are discolored to the point of
being dark brown or black in color for more than one week due to grease exposure, food
drippings, or other waste substances attributable to kitchen operations; (3) the condition
of the property poses a health or safety hazard to the public; or (4) the condition of the
property substantially detracts from the appearance of the immediate neighborhood or
reduces surrounding property values.
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8.70160 Gasoline, oil, and grease.
Gasoline, oil, grease, and other flammable, toxic, or hazardous liquids shall not be
permitted to flow onto the public right-of-way, or to accumulate excessively on any paved
surfaces, buildings, structures, walls, or fences.
8.70.270 Sidewalk areas.
Owners of lots, or portions of lots, fronting on any portion of a public street shall
clean, repair and maintain sidewalk areas in a safe condition in accordance with Chapter
12.26 of the Palm Desert Municipal Code.
8.70.280 Public right-of-ways.
Owners of lots, or portions of lots, fronting on any portion of a public street shall
repair and maintain the landscaping and general appearance of any portion of a public
right-of-way lying between the public street and the property owner's lot line, just as if
such right-of-way were part of the fronting lot. In the event that City -approved
landscaping has not previously been installed in the public right-of-way, the property
owner shall plant or otherwise install such landscaping in the public right-of-way as may
be necessary to render the right-of-way's appearance compatible and consistent with that
of the fronting lot (assuming the fronting lot's appearance complies with this Code).
Notwithstanding the foregoing, no new landscaping shall be planted or otherwise
installed in any portion of a public right-of-way without prior approval by the City, based
on plans submitted to the Director of Community Development. This section shall not
be construed as excusing compliance when the appearance of the fronting lot violates
this Code.
8.70.290 Litter in gutters, sidewalks, and parking lots.
No person shall blow, hose, sweep litter from any public or private sidewalk,
driveway, building, or lot onto any gutter, street or other public place within the city or
onto adjacent property. Persons owning, leasing, renting, or occupying or having charge
or possession of any property or place of business shall keep the sidewalk and parkway
in front of their premises reasonably free of litter. Parking lots open to the public
and/or visible from a public right-of-way or adjoining properties shall be maintained in a
structurally sound and clean condition, including reasonable and regular clean-up of litter
and any other accumulated refuse discarded in the lot.
8.70.300 Dust, sand, refuse and waste matter.
Conditions of dust, sand, gravel, trash, or refuse on property shall not be allowed
to interfere with the reasonable enjoyment of property by neighbors, detrimentally affect
property values in the surrounding neighborhood, or materially hamper or interfere with
the prevention or suppression of fires.
Every person in charge of a residence or residences, whether single-family or
multiple -family, shall make arrangements with the person authorized by law, to have
removed, not less than once a week, from the property upon which the residence or
residences are located, all refuse created or produced or brought upon the premises.
And every person in charge of a residence, commercial or industrial business shall
deposit or cause to be deposited all refuse in standard containers or commercial bins as
approved by the health officer and the solid waste supervisor. See Palm Desert
Municipal Code Chapters 8.16 for more specific requirements pertaining to solid waste.
Refuse and/or recycling cans, bins, containers or plastic bags may not be stored in
front or side yards visible from the public right-of-way, or in locations that cause
offensive odors, or in a manner that constitutes a fire hazard. Solid waste and recycling
enclosures must be provided for all multifamily, office, institutional, commercial and
manufacturing uses in any zone district in the city. Refuse storage areas may be
combined for more than one use, provided the capacity is adequate for all users. The
requirement of trash and recycling enclosures shall not apply for uses where the refuse
container is completely screened from the public by walls, fences, buildings or planting,
or in the cases of temporary use of twelve -cubic -yard or larger containers or temporary
compactors for cleanup of lots or buildings. Solid waste and recycling enclosures shall be
of adequate size to contain a solid waste container and a recycling container. See Palm
Desert Municipal Code Chapter 8.12 for more specific enclosure requirements and
specifications.
For purposes of this section, "refuse and waste matter" means and is defined 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, in operative vehicles or parts thereof, trimmings, cans, bottles, barrels and
unapproved fill dirt or similar matter.
8.70.310 Recreational vehicle parking and storage.
Parking or storage of any recreational vehicle on private property in any
residential zone in the city must comply with Palm Desert Municipal Code Chapter 8.40.
8.70.320 Parking and repairing of vehicles.
Except to the extent allowed by Palm Desert Municipal Code Chapter 8.32, it is
unlawful for any person owning, leasing, occupying or having control of any premises in
any residential district in the city, or for the registered owner, driver or any person in
control of any passenger or commercial vehicle, including all types of motorcycles to do,
or to permit or allow another to do the following:
in
A. Park passenger and commercial vehicles, including all types of motorcycles,
in front and comer side lots and vacant lots, at any time, except in designated driveways
or other designated parking areas, in any residential district;
B. Servicing, repairing, assembling, disassembling, wrecking, modifying or
otherwise working on any motor vehicles, parts equipment, machinery, tools or other
automotive materials of any kind in public view in any residential district. Neither this
section nor Chapter 8.32 of the Municipal Code shall be construed as prohibiting
occasional minor repairs or maintenance performed in less than 8 hours, such as:
changing oil, spark plugs, and air filters; jump-starting a dead battery; and replacing a
flat tire.
8.70.330 Water management for existing landscapes.
To the extent required by Palm Desert Municipal Code Chapter 24.04, all existing
landscaped areas that are one acre or more, including golf courses, green belts, common
areas, multifamily housing, businesses, parks, cemeteries and publicly owned landscapes,
may be required by the local water purveyor to have a landscape irrigation audit every
five years. Runoff low head drainage, overspray or other similar conditions where water
flows onto adjacent property, non -irrigated areas, walks, roadways, or structures is
generally prohibited.
8.70340 Noise.
Any noise resulting from machinery or equipment operation, amplified speakers,
or any other activity on the premises must comply with the City's noise -level
requirements contained in Palm Desert Municipal Code Chapter 9.24.
8.70.350 Lighting.
Any outdoor property lighting fixtures and lamps must comply with Palm Desert
Municipal Code Chapter 8.28.
8.70.360 Plumbing and sewage disposal systems.
All plumbing and sewage disposal systems on the premises, whether located above
ground or subsurface, shall be properly maintained in accordance with Palm Desert
Municipal Code Chapter 8.55 and any applicable state or local laws and regulations.
8.70370 Accessible parking.
Owners and operators of parking lots or structures that are required by the
California Building Code to provide accessible parking for persons with disabilities shall
maintain such parking in full compliance with any state or local requirements. See
California Building Code § 1129B or successor regulations. Among other things, the
specific locations of such parking spaces approved by the City at the time of final permit
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inspection shall not thereafter be relocated by the property owner or occupier without
prior written approval of the City's building official.
8.70380 Miscellaneous.
Compliance with this Chapter shall not excuse a failure to comply with any other
applicable property maintenance provisions of the Palm Desert Municipal Code or state
law not expressly restated or cross-referenced in this Chapter."
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Palm Desert hereby declares that it would
have passed this ordinance, and each section, subsection, clause, sentence or phrase
thereof, irrespective of the fact that any one or more other sections, subsections, clauses,
sentences, or phrases may be declared invalid or unconstitutional.
Section 3. The adoption of this ordinance shall not in any manner affect the prosecution
of violations of City ordinances, which violations were committed prior to the effective
date hereof, nor be construed as a waiver of any license or penalty or the penalty
provisions applicable to any violation thereof. The provisions of this ordinance insofar as
they are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter shall be construed as restatements and continuations,
and not as new enactments.
Section 4. The City Clerk shall certify as to the passage and adoption of this ordinance
and shall cause the same to be published once in the Palm Desert Post, a newspaper of
general circulation, printed, published, and circulated within the City of Palm Desert, and
the same shall be in force and effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED this 27th day of June , 1996, by
the City Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: BENSON, KELLY, SPIEGEL, SNYDER
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
ATTEST:
SHEI" GILLIGAN, CL
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