HomeMy WebLinkAboutCase No. 04-336 Sabina Wietlisbach - 73111 El Paseo Suite 204CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
REQUEST: Appeal of an Order to Abate a Public Nuisance
SUBMITTED BY: Hart Ponder, Code Compliance Manager
APPELLANT: Sabina Wietlisbach (Sabina Bach)
73111 El Paseo, Suite #204
Palm Desert, CA 92260
CASE NO. Code Case No. 04-336
DATE: March 25, 2004
CONTENTS: Photographs — Exhibit A
Palm Desert Municipal Ordinance Sections 25.68.030
and 8.20.020 — Exhibit B
Notice of Violation — Exhibit C
Order to Abate a Public Nuisance Notice - Exhibit D
Receipt of Certified Mail — Exhibit E
Letter from Bernard Debonne — Exhibit F
Letter and application of appeal from Sabina Wietlisbach--Exhibit G
Metroscan Property Profile — Exhibit H
Metroscan Plat -- Exhibit I
Code Officer's Report — Exhibit J
Recommendation:
By Minute Motion, after considering all evidence and testimony, the
awning located at 73-111 El Paseo Drive shall be removed within ten
(10) days since it was substantially altered without the proper permit
or approval from the proper City Departments, and as such, is a public
nuisance pursuant to Code Section 8.20.020 of the Palm Desert
Municipal Code; the awning shall be removed within ten days.
Executive Summary:
On January 22, 2004, Code Compliance Division staff received a complaint regarding
an awning that was substantially altered without the proper permits and without the
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Staff Report
Appeal of an Order to Abate a Public Nuisance — Case No. 04-336
Page2of3
March 25, 2004
approval by the property owner at 73-111 El Paso Drive. After an attempt for voluntary
compliance to obtain permission from the property owner to proceed with the approval
process, a Notice to Abate was issued on February 18, 2004. Sabina Wietlisbach, the
business owner, appealed the Notice to Abate.
Discussion:
Attached is a photo (Exhibit A) of the awning/signage in question. This situation is
violating Palm Desert Municipal Code (PDMC) Section 25.68.030, prohibiting these
types of signs/structures without permits. Furthermore, PDMC Section 25.68.030,1.
(Exhibit B-3), required the property owner's permission to obtain the permit.
As such, it becomes a Public Nuisance under PDMC Section 8.20.020, L. (Exhibit B-5),
allowing Staff to issue a Notice to Abate and the due process required by law, absent
voluntary compliance by the property owner. This section also gives the property
owner, as well as the person in control of the property, to appeal the Notice to Abate.
On January 22, 2004, the Code Compliance Division received a complaint from Bernard
Debonne, property owner of 73-111 El Paseo. Mr. Debonne's complaint stated the
existing awning at his property, Suite #204, was altered without a sign permit and the
tenant, Ms. Wietlisbach, did not obtain his written approval prior to altering the awning.
Code Compliance Division staff verified with the Planning Department that a sign permit
was not issued to alter the existing awning. An inspection confirmed the alteration and
a Notice of Violation was issued on January 22, 2004 (Exhibit C), to Ms. Wietlisbach for
Sign permit procedures--P.D.M.C. 25.68.030.
On January 28, 2004, Ron Baker, a representative for Ms. Wietlisbach, requested and
received a one -week extension to apply for and have the proper approvals submitted to
the City's Planning Department.
On February 18, 2004, staff verified with the Planning Department that Ms. Wietlisbach
had not submitted an application for a sign permit. An Order to Abate was issued, via
certified mail, to Bernard Debonne, property owner (Exhibits D & E), and Sabina
Wietlisbach, tenant, instructing them to completely remove the black awning and sign at
73-111 El Paseo Suite #204 by March 8, 2004.
On February 24, 2004, Code Compliance Division received a written letter from Bernard
Debonne (Exhibit F) stating that he would not contest the Order to Abate and would like
the City to remove the awning and to forward the invoice to his attention.
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Appeal of an Order to Abate a Public Nuisance — Case No. 04-336
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March 25, 2004
On February 27, 2004, Ms. Wietlisbach spoke with Tony Bagato, Assistant Planner,
regarding submittal of a sign permit. Ms. Wietlisbach was informed of the sign permit
requirements including P.D.M.C. 25.68.030 (I), which states an applicant must provide a
signed statement from the property owner or his authorized representative that he has
reviewed the proposal and approves of the same prior to each submittal to the City.
Ms. Wietlisbach stated that she could not obtain property owner approval and filed an
appeal requesting the issue be reviewed and a determination made by the City Council
(Exhibit G). A property profile, plat map of the location and the Code Compliance
Officer's report is included for your review (Exhibits H, I, J).
Staff is present to answer any questions you may have.
Submitted By:
Hart Ponder
Code Compliance Manager
Approv
Ho"-rC
Developm -''"r ervices
ant City Manager
Carlos Ortega, C' Manager
Department Head:
Amir "Ali" Hamidzadeh
Director of Building and Safety
G:1BldgSftylBuilding Group Documents1Code Compliance CorrespondencelHart\Staffreport 73111elpaseo.doc
Sabina Bach
73-111 El Paseo Suite #204
Exhibit A
Chapter 25.68
SIGNS
Sections:
I. GENERAL PROVISIONS.
25.68.010 Intent and purpose.
25.68.020 Definitions.
25.68.025 Applicability of certain
amendments.
25.68.030
25.68.040
25.68.050
25.68.060
25.68.070
25.68.080
IL PERMITS.
Sign permit procedure.
Sign integration requirement.
Adjustments.
Permit record requirement.
Double permit fee.
Exceptions to sign permit
procedures.
III. PROHIBITIONS AND ABATEMENT.
25.68.090 Prohibited signs.
25.68.100 Abatement of illegal signs.
IV. PERMITTED SIGNS.
25.68.110 Safe signs.
25.68.120 Permitted signs —Purpose.
V. SINGLE-FAMILY ZONES.
25.68.130 Realty signs.
25.68.140 Nameplates.
25.68.150 Open house signs.
25.68.160 Signs for special events.
25.68.170 Other signs.
VI. OTHER RESIDENTIAL ZONES.
25.68.180 Signs in residential zones other
than single-family.
25.68.190 Sign area —Hotels, motels and
apartments.
25.68.200 Sign area —Condominiums.
25.68.210 Other nonresidential uses
allowed.
25.68.220 Use of attraction boards for
hotels and motels.
Freestanding signs.
Double frontage lots.
Sales and rental signs (other
residential zones).
25.68.230
25.68.240
25.68.250
VII. COMMERCIAL AND INDUSTRIAL ZONES.
25.68.260
25.68.270
439
Exhibit B
One sign per complex.
Sign area —Commercial and
industrial uses.
25.68.280 Frontage on two or more streets.
25.68.281 Goods, services and/or secondary
business signs.
25.68.290 Alternative sign area allocation
for small commercial complexes.
25.68.300 Height —Wall signs.
25.68.310 Freestanding signs.
25.68.320 Second -story businesses.
25.68.330 Sign for pedestrian traffic.
25.68.335 Directional signs for courtyard
or plaza businesses.
25.68.336 Restaurant menu boards.
25.68.340 Temporary signs within window
areas.
25.68350 Special event signs.
25.68360 Listing of business associates.
25.68.370 Use of attraction boards by
nightclubs.
25.68.380 Gasoline service stations.
25.68.391 Freestanding sign review criteria.
25.68395 Building or building complex
identification signs in the general
commercial district.
25.68.400 Sales and rental signs.
VIII. MOBILE HOME PARKS.
25.68.410 Signs in RM zones.
IX. GENERAL PROVISIONS.
25.68.420 Signs generally.
25.68.430 Architectural commission
process.
25.68.440 Sign review criteria.
25.68.450 Signs facing private property
prohibited.
25.68.460 Required information on signs.
25.68.470 Proper maintenance of signs.
25.68.480 Sign colors.
25.68.490 Glare from signs.
25.68.500 Location of right-angle signs.
25.68.510 Obstruction of passage.
25.68.530 Exceptions to sign limitations.
25.68.540 Special permits.
25.68.550 Imitation of traffic signal.
25.68.560 Overhead electric conductors.
(Palm Desert 8-96)
25.68.020
N. "Nameplate" means a sign not exceeding one foot
by three feet signifying only the name of the occupant and
his occupation or specialty.
O. "Outdoor advertising structure or sign" means a
sign placed for the purpose of advertising products or
services that are not produced, stored, or sold on the
property upon which the sign is located.
P. "Political sign" means any sign concerning candi-
dates for political office or involving a ballot issue.
Q. "Price sign" means a sign limited to the name or
identification of items or products offered for sale on the
premises, and the price of the items or products.
R. "Projecting sign" means a sign other than a wall
sign suspended from or supported by building or structure
and projecting outward therefrom.
S. "Real estate sign" means a temporary sign advertis-
ing the sale, lease, or rent of the property upon which it
is located, and the identification of the person or firm
handling such sale, lease, or rent.
T. "Roof sign" means a sign affixed on, above, or over
the roof of any building, or any sign affixed to the wall
of a building so that it projects above the eave line of a
roof. The lowest point of a mansard style roof shall be
considered the eave line.
U. "Sign" means any thing of visual appearance primari-
ly used for, or having the effect of, attracting attention from
the streets, sidewalks or other outside public areas for
identification purposes. A sign shall not mean displays of
merchandise or products for sale on the premises, or signs
inside buildings except when less than three feet behind
a window and facing public view, or ornamentation, design,
statuary, architecture, landscaping, pictures, paintings or
other such art forms unless, in the case of any exceptions
listed in this chapter, the attraction, because of location,
size, use or the nature thereof, has the substantial effect
-*of attracting attention for identification purposes when
viewed from an outside public area. The basic intent behind
this definition is not to discourage product displays, design
or art forms epitomizing simplicity, good taste and compati-
bility with the community's desired image.
V. "Sign face" means the surface or that portion of
a sign that is visible from a single point as a flat surface
or a plane and considered as such together with the frame
and the background.
W. A "vehicle -related portable freestanding sign" means
portable signs affixed to a vehicle for the purpose of
directing people to a business in close proximity to where
the vehicle is parked.
X. "Wall sign" means a sign attached to or erected
on the exterior wall of the building or structure or on a
canopy marquee or similar overhang with the exposed face
of the sign in a plane approximately parallel to the plane
441
of the exterior wall and not extending above the eave line.
The lowest part of a mansard -style roof shall be considered
the eave line. (Ord. 587 § 2 (Exhibit A § 1), 1989; Ord.
129 § 5 (part), 1977: Ord. 98 § 1 (part), 1975: Exhibit A
§§ 25.38-2-25.38-225)
25.68.025 Applicability of certain
amendments.
A. The amendments set out in Ordinances 587 and 637,
affecting Sections 25.68.020, 25.68.030, 25.68.120,
25.68.230, 25.68.310, 25.68350, 25.68.390, 25.68.440,
25.68.470, 25.68.480, 25.68.490, 25.68.540, 25.68.570,
25.68.605, 25.68.606, 25.68.607, 25.68.610, 25.68.760 and
25.70.020, are limited in their effect to regulating the
construction of new on -premises advertising displays. A
new on -premises advertising display means, for the purposes
of this section, a display whose structure or housing has
not been affixed to its intended premises. Construction
means, for the purposes of this section, the manufacturing
or creation of a new on -premises advertising display.
B. Notwithstanding subsection A of this section limiting
the effect of these amendments, any illegally installed signs
may be abated pursuant to Section 25.68.100. (Ord. 637
§§ 3, 4, 1991; Ord. 587 §§ 3, 4, 1989)
II. PERMITS
25.68.030 Sign permit procedure.
It is unlawful for any person to erect, alter, or to permit
the erection or alteration of a sign, including painted signs,
unless otherwise excepted by this chapter, upon any property
without first obtaining a written sign permit from the
department of community development. Signs exceeding
one thousand five hundred dollars in value shall be reviewed
through the architectural review commission process as
specified in Chapter 25.70. Application for such permit
shall be made on a form provided by the department of
community development and shall be accompanied by a
fee as established by council resolution. The application
shall set forth and contain the following information and
material:
Three copies of a plan showing the following:
A. The location and size of any building or structures
on the property, in the control of the applicant, both existing
and proposed;
B. The location of off-street parking facilities, including
major points of entry and exit for motor vehicles where
directional signs may be proposed;
C. The position of the proposed sign and its relation
to adjacent buildings and structures under the control of
the applicant;
(Palm Desert 8-91)
Exhibit B-2
25.68.030
D. The design and size, colors proposed, and proposed
location of the sign or sign structure on the property, under
the control of the applicant;
E. The method of attachment to any structure;
F. A statement showing sizes and dimensions of all
other signs existing on the property, under the control of
the applicant;
G. A statement showing the size and color relationships
of such sign or sign structure to the appearance and design
of existing or proposed buildings and structures on the
property;
H. Such other information as the department of commu-
nity development may reasonably require to secure compli-
ance with this chapter and the ordinances of the city;
L That the applicant provide a signed statement from
the property owner or his authorized representative that
he has reviewed the proposal and approves of same prior
to each submittal to the city. (Ord. 587 § 2 (Exhibit A §§
2, 3, 4), 1989; Ord. 129 § 4 (part), 1977: Ord. 98 § 1 (part),
1975: Exhibit A §§ 2538-3--25.38-3.01)
25.68.040 Sign integration requrement.
Signs on all proposed buildings or new additions to
existing buildings shall be designed as an integral part of
the total building design. (Ord. 129 § 4 (part),1977: Ord.
98 § 1 (part), 1975: Exhibit A § 25.38-3.02)
25.68.050 Adjustments.
The zoning administrator for either new or existing signs
may grant slight adjustments to sign colors or authorize
deviations from sign area or distance between signs not
to exceed twenty percent, and on sloping roofs the allow-
ance of roof signs not to extend above the ridge line, for
existing buildings only, upon a finding that the conditions
for variance exist as prescribed in this title and as further
set forth in this title, when it is determined that no other
possible, reasonable method of signs is available. (Ord.
129 § 4 (part), 1977: Ord. 98 § 1 (part), 1975: FFthibit A
§ 25.38-3.03)
25.68.060 Permit record requirement.
The department of environmental services shall keep
a copy and permanent record of each sign permit issued.
Each copy shall show the permit number. The pernuttee
shall be required to exhibit the permit at all times in a place
satisfactory to the director of environmental services. (Ord.
169 § 4 (part), 1977: Ord. 98 § 1 (part), 1975: Exhibit A
§ 25.38-3.04)
25.68.070 Double permit fee.
The applicable fee for a sign permit shall be doubled
(Palm Desen 8-91)
442
when the installation of a sign is commenced before obtain-
ing a permit therefor. (Ord. 129 § 4 (part), 1977: Ord. 98
§ 1 (part), 1975: Exhibit A § 25.38-3.05)
25.68.080 Exceptions to sign permit
procedures.
The following signs, if not illuminated, shall be allowed
on all commercial, industrial, and residential zoned property
without a sign permit being required:
A. One identification sign not exceeding one square
foot in area, and displaying only the name and address
of the owner or occupant;
B. Directional or safety signs as required, provided
that
1. Each such sign has first been reviewed and approved
by the design review board and/or the director of environ-
mental services, and
2. Such signs do not exceed three square feet per face;
C. Emblems or flags of nonprofit organizations as
required; provided, that each has first received approval
by the design review board and/or the director of environ-
mental services.
D. Religious, charitable, educational, or cultural posters
not exceeding sixteen square feet in area, and temporary
in nature;
E. Governmental or other legally required posters,
notices, or signs;
F. Utility or telephone pay station signs. (Ord. 129
§ 4 (part), 1977: Ord. 98 § 1(part), 1975: Exhibit A §§
25.38-4 — 25.38-4.06)
III. PROHIBITIONS AND ABATEMENT
25.68.090 Prohibited signs.
Except for those signs allowed under the provisions of
Section 25.68.540, special permits, the following signs are
prohibited in the city:
A. Signs which rotate, move, flash, reflect, blink, or
appear to do any of the foregoing, including searchlights,
shall be prohibited unless required by law or utilized by
a proper government agency, with the exception of approved
time and temperature displays;
B. Signs on public property, in the public right-of-way,
or on public utility poles shall be prohibited unless other-
wise authorized by this chapter. Signs prohibited shall
include, but not be limited to, realtor, open house, and
garage sale signs. This prohibition shall include all portable
signs including those placed on vehicles with the exception
of vehicle identification signs;
C. Any permanent sign which does not advertise,
without reference to prices, a use being made on the
Exhibit B-3
8.20.010
Sections:
8.20.010
8.20.020
8.20.030
8.20.035
8.20.040
8.20.050
8.20.060
8.20.070
8.20.080
8.20.090
8.20.100
8.20.110
8.20.120
8.20.125
8.20.130
8.20.140
8.20.145
8.20.150
8.20.160
8.20.170
Chapter 8.20
PUBLIC NUISANCES
Purpose.
Unlawful property nuisances.
Refuse and waste matter defined.
Regulation of activities and hours
of operation of businesses.
Procedure for inspections.
Assessment of administrative
costs.
Notice required.
Posting notice —Form and
contents.
Service of notice.
Appeal and hearing.
Owner to abate -Time.
Emergency abatement.
City to abate and report.
Costs recoverable.
Hearing on assessment.
Resolution assessing costs.
Nuisance abatement lien —
Procedure.
Special assessment —Procedures.
Payment.
Collection and assessment
procedures —Amendments to
Government Code adopted by
reference.
8.20.180 Right of city to bring legal
action.
8.20.190 Penalty.
8.20.200 Recording of notice of code
violation.
8.20.010 Purpose.
A. The city council finds and determines that the regula-
tion of public nuisances as described in this chapter 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 correc-
tive measures are taken to abate public nuisances, the social
and economic 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
146-1
finds that abatement procedures set forth in this chapter
are reasonable and afford due process.
B. 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. (Ord. 541 § 1 (part), 1988)
8.20.020 Unlawful property nuisances.
It is 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 construc-
tion. For purposes of this subsection, an "unreasonable
state of partial construction" is where any partially con-
structed building or structure, the building permits for which
have expired, substantially detracts from the appearance
of the immediate neighborhood, 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 excessive-
ly cracked, or 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 deterioration 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 building
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 activebuilding 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 or debris which is allowed to interfere with
the reasonable enjoyment of property by neighbors, or
(Palm Desert 8-97)
Exhibit B-4
8.20.020
detrimentally affects property values in surrounding neigh-
borhoods or community and resulting from construction
activities within the city;
I. All outdoor stairs, porches, hand railings, 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, odorous or unsightly;
K. A building or structure that is marked or defaced
with spray paint, dye or like substance in a manner com-
monly described as graffiti for an unreasonable period of
time;
L. Any violation of the city zoning ordinance, the city
sign ordinance, or any other provisions of this code, or
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 exist 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 confor-
mity 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;
0. The intentional outdoor burning of any material,
structure, matter or thing, unless authorized by the city
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 icebox, 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 any time;
Q. Stockpiling of fill dirt or other material without a
permit;
R. The substantial lack of maintenance of grounds, land-
scape, 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 values of surrounding properties are
reduced or such that the aesthetics of surrounding properties
are detrimentally affected;
147
S. Landfills which contain organic materials, except
as permitted by the building director or 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,
3. 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.
4. 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 accumu-
lation 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 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 location or 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. (Ord. 638 § 1, 1991; Ord. 541 §
1 (part), 1988)
(Palm Desert 8-91)
Exhibit B-5
8.20.030
8.20.030 Refuse and waste matter defined.
"Refuse and waste matter" means and 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 fill dirt or similar
matter. (Ord. 541 § 1 (part), 1988)
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 create 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. (Ord.
541 § 1 (part), 1988)
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 empow-
ered to seek assistance from any court of competent jurisdic-
tion in obtaining such entry. In the event he or she is unable
to locate the owner after reasonable effort, the official is
empowered to enter the premises. (Ord. 541 § 1 (part),
1988)
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 detemlined
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. (Ord. 541 § 1 (part), 1988)
(Palm Desen 8-91)
148
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
hum or her to abate the nuisance. Said notice Shall be served
as required pursuant to Section 8.20.080 of this chapter.
(Ord. 541 § 1 (part), 1988)
8.20.070 Posting notice -Form and contents.
Such notice shall be headed: "Notice of Public Nui-
sance," 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. (Ord. 541 § 1 (part), 1988)
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. (Ord.
541 § 1 (part), 1988)
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 than thirty days thereafter, tlii-city council shall
proceed to hear and pass upon the appeal. The decision
of the city council thereupon shall be finaland conclusive.
(Ord. 541 § 1 (part), 1988)
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 days from the date of the
mailing of the notice to abate, unless a nuisance is deter-
mined by the city fire department to constitute a fire hazard,
in which case the owner, his agent or the occupant of the
Exhibit B-6
8.20.100
lot or premises shall abate the nuisance within seven days
from the date of mailing of the notice to abate. (Ord. 541
§ 1 (part), 1988)
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 immedi-
ately take such action as is appropriate to correct or abate
the emergency. (Ord. 541 § 1 (part), 1988)
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, in accordance with Section 8.20.125,
on each separate property shall be filed with the city
council. The city may also elect to enforce compliance
with this chapter by taking action in the name of the city
in any court of competent jurisdiction. (Ord. 638 § 2,1991;
Ord. 541 § 1 (part), 1988)
8.20.125 Costs recoverable.
A. Costs of nuisance abatement for which the city may
be reimbursed begin to accrue at the time the city first
receives a complaint regarding a problem on the property.
These costs include, but are not limited to, the following:
1. Costs to the city for specifications, contracts, labor
and materials, inspections;
2. Administrative costs determined pursuant to Section
8.20.050, including city staff time, attorneys' fees and all
other expenses related to enforcing the provisions of this
chapter,
3. Costs related to the nuisance abatement action for
which the city may be liable under state law;
4. Costs to which the city may be entitled pursuant to
Health and Safety Code Section 510 and other statutory
entitlements.
B. Such costs may be recovered by the city even if the
nuisance is corrected prior to an appeal hearing. Costs
shall be assessed at the conclusion of the abatement.
However, in the case of an abatement by any method which
takes more than six months, costs may be assessed at any
time after six months, but in no event more than two times
a year. (Ord. 638 § 3, 1991)
8.20.130 Hearing on assessment.
The city clerk shall thereupon set the report and account
149
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 reptirt 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. (Ord. 541 § 1 (part), 1988)
8.20.140 Resolution assessing costs.
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 of 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
approve the report and account as submitted, or as modified
or corrected. The city council shall adopt a resolution
assessing the amount approved as either a special assessment
or a nuisance abatement lien against the property and a
personal obligation against the property owner. (Ord. 638
§ 4, 1991; Ord. 541 § 1 (part), 1988)
8.20.145 Nuisance abatement
Ben —Procedure.
If the city council makes the cost of abatement a lien
against the property on which the nuisance is maintained
and a personal obligation against the property owner, it
shall observe the following procedure:
A. Notice.
1. Prior to recordation of the lien, notice shall be served
on the owner of record of the parcel of land on which the
nuisance is maintained. Ownership shall be determined
from the last equalized assessment roll or the supplemental
roll, whichever is more current.
2. Notice shall be served in the same manner as a
summons in a civil action in accordance with Article 3
(commencing with Section 415.10) of Chapter 4 of Title
5 of Part 2 of the Code of (civil Procedure. If the owner
of record, after diligent search cannot be found, the notice
may be served by posting a copy thereof in a conspicuous
place upon the property for a period of ten days and publi-
cation thereof in a newspaper of general circulation
published in the county in which the property is located
pursuant to Section 6062.
B. Recordation. A nuisance abatement lien shall be
recorded in the county recorder's office in the county in
which the parcel of land is located and from the date of
recording shall have the force, effect and priority of a
judgment lien.
(Palm Desert 8.91)
Exhibit B-7
8.20.145
C. Contents of Lien. The lien shall specify all of the
following information:
1. The amount of the lien;
2. The city as the party on whose behalf the lien in
imposed;
3. The date of the abatement order;
4. The street address, legal description and assessor's
parcel number of the parcel on which the lien is imposed;
and
5. The name and address of the recorded owner of the
parcel.
D. Discharge, Release or Satisfaction. In the event that
the lien is discharged, released or satisfied, either through
payment or foreclosure, notice of the discharge containing
the information specified in subsection C of this section
shall be recorded by the city. A nuisance abatement lien
and the release of the lien shall be indexed in the grantor -
grantee index.
E. Foreclosure. A nuisance abatement lien may be
foreclosed by an action brought by the city for a money
judgment.
F. Costs of Lien. The city may recover from the proper-
ty owner any costs incurred regarding the processing and
recording of the lien and providing notice to the property
owner as part of its foreclosure action to enforce the lien.
Such costs shall be accounted and approved in the same
manner as abatement costs. (Ord. 638 § 5, 1991)
8.20.150 Special assessment Procedure.
If the city makes the costs of abatement a special assess-
ment against the property, it shall observe the following
procedure:
A. Filing of Resolution. The city clerk shall prepare
and file with the county auditor a certified copy of the
resolution of the city council adopted pursuant to Section
8.20.140.
B. Collection. The county auditor shall enter each
assessment in the county tax roll opposite the parcel of
land. The assessment may be collected at the same time
and in the same manner as ordinary municipal 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 municipal taxes.
C. Applicable Laws. To the extent permitted by Govern-
ment Code Section 387735, all laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to the special assessment.
D. Notice. Notices or instruments relating to the special
assessment shall be entitled to recordation. (Ord. 638 §
6, 1991: Ord. 541 § 1 (part), 1988)
(Palm Desert 8-91)
150
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. (Ord. 541 § 1
(part), 1988)
8.20.170 Collection and assessment
procedures —Amendments to
Government Code adopted by
reference.
The procedures contained in this chapter for collection
of abatement costs are derived from and subject to Title
4, Part 2, Division 3, Chapter 10, Article 6 of the Govern-
ment Code relating to nuisances. Any additions or alterations
to the procedures contained in that article are incorporated
in this section by reference. (Ord. 638 § 7,1991: Ord. 541
§ 1 (part), 1988)
8.20.180 Right of city to bring legal action.
No provision of this chapter shall be construed as
limiting the authority of the city council and the city to
bring any cognizable 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
judgment 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. (Ord.-638 § 8,1991; Ord.
541 § 1 (part), 1988) k -
8.20.190 Penalty.
A. 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 of this
code, as amended from time to time.
Exhibit B-8
8.20.190
B. Upon entry of a second or subsequent civil or crimi-
nal judgment within a two-year peiod finding that an owner
of property is responsible for conditions abated pursuant
to this chapter, except for conditions abated pursuant to
Section 17980 of the Health and Safety Code, the court
may order the owner to pay treble the costs of the abate-
ment. (Ord. 638 § 9, 1991; Ord. 541 § 1 (part), 1988)
8.20.200 Recording of notice of code
violation.
In addition to the remedies set forth in Sections 820.170
and 8.20.180, and pursuant to the authority of Government
Code Section 38773.5, once the city has determined that
a public nuisance or other code violation exists, the city
council and the city of Palm Desert am authorized to record
an appropriate notice of violation against the subject proper-
ty setting forth the native of the violation or public nuisance.
The property owner shall be notified in writing ten days
in advance of such recordation of the city's intent to record
the notice of violation. The notice of intent shall provide
that the city intends to record a notice of violation and
that the property owner may respond to the notice or
otherwise abate the violation before the notice is recorded.
Copies of the recorded notice shall be mailed to the affected
property owner at the address shown on the last assessment
roll, at the time the notice is recorded. (Ord. 598 § 1,1990)
151
Exhibit B-9
(Palm Desert $44)
DATE /—Z2 —
TIME / OC )4
CASE NO. p 'Ls?
CITY OF PALM DESERT
Ti � ;� F L 71
Dear Property Owner / Resident / Tenant at-73 11( C /2 Eu
During regular City patrol your Code Compliance Officer noted that you
may have overlooked, or were unaware of, the Violation(s) indicated
below. This Notice of Violation is for your information and action.
Continued oversight/disregard will result in the issuance of a citation. We
thank you for your compliance.
City Ordinance No. Z5, 0; Oge
Violation 1)6 L ?i3l;viL ,4 �z
13l 4 6/-c At //,/L/S.z.// /; /�i 7 ,
Please call Code Compliance at 346-0611 ext. 477 if you have a question
or need additional information. Your Code Compliance Officers are avail-
able to assist you.
Thank you, �/
Follow-up Inspection / Z /, / ..
Code Compliance Officer
Exhibit C
GITY OF
PF
L
OESERI
73-510 FRED WARING DRI%=
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 1
FAX: 760 341--098
info@palm-deserr.ore
ODER TO A:ATE A
Pu
February 18, 2004
IMP
LIC NUISANCE
Debonne Trust
Post Office Box 1935
Palm Desert, California 92261-1935
Case No. 04-336
Dear Property Owner:
By virtue of proceedings under the authority of Palm Desert Municipal ;Code Chapter
8.20, you are hereby ordered to abate the following condition(s) from your property
described as 73-111 El Paseo, also legally known as APN No. 627-232-006.
In order for your property to be in compliance:
• Completely remove the non -permitted black sign canopy/awning at the
business of Sabina Bach.
The Code Compliance Division of the City of Palm Desert, California, has determined
that the foregoing conditions constitute a violation of the Palm Desert Municipal Code
Chapter 8.20. You have until March 08, 2004 to abate the condition(s), or appeal the
determination within ten (10) days of the date of this notice to the City Council of the
City of Palm Desert, California. Any appeal must be in writing and filed with the City
Clerk's office, City Hall, Palm Desert, California.
If you do not abate the nuisance or appeal its determination within the specified time
period, the City will proceed with the abatement and/or initiate City Attorney action in an
effort to obtain compliance. The above -mentioned canopy will be taken to the County
landfill and discarded in a lawful manner.
Exhibit D
Should the City hire its own contractor and abate the conditions, the cost of abatement
including administrative fees will be assessed against the property in the form of a
nuisance abatement lien or a tax assessment against the property.
Should you have any questions, please contact our office at (760) 346-0611, ext. 477.
Sincere',
son Finley
Code Compliance Officer II
CITYOFPRLfflOESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 I
FAX: 760 341-7098
info @ palm-deserr.org
ORDER TO ABATE A
PUBLIC NUISANCE
February 18, 2004
Sabina Bach
73111 E1 Paseo, Suite #204
Palm Desert, California 92260
Case No. 04-336
Dear Ms. Bach:
By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter
8.20, you are hereby ordered to abate the following condition(s) from your property
described as 73111 El Paseo, also legally known as APN No. 627-232-006.
In order for your property to be in compliance:
• Completely remove the non -permitted black sign canopy/awning at the
business of Sabina Bach.
The Code Compliance Division of the City of Palm Desert, California, has determined
that the foregoing conditions constitute a violation of the Palm Desert Municipal Code
Chapter 8.20. You have until March 08, 2004 to abate the condition(s), or appeal the
determination within ten (10) days of the date of this notice to the City Council of the
City of Palm Desert, California. Any appeal must be in writing and filed with the City
Clerk's office, City Hail, Palm Desert, California.
if you do not abate the nuisance or appeal its determination within the specified time
period, the City will proceed with the abatement and/or initiate City Attorney action in an
effort to obtain compliance. The above -mentioned canopy will be taken to the County
landfill and discarded in a lawful manner.
Exhibit D-2
Should the City hire its own contractor and abate the conditions, the cost of abatement
including administrative fees will be assessed against the property in the form of a
nuisance abatement lien or a tax assessment against the property.
Shouid you have any questions, please contact our office at (760) 346-0611, ext. 477.
Sincer
ason Finley
Code Compliance Officer II
,ti ]ESER1
7003 3110 0001 8070
73141,E1sPaseo, Suit 204
Pan Desert,oCalitorn a 92260
Postmark
Return Reciept Fee Here
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Sent To
Street, Apt. No.;
or PO Box No.
City, State, ZIP+4
Freotirth—:.f '','"*.4030AvieWgigiSAVATI
tic
SENDER COMPEk../ k:THIS SEC71ON
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can retum the card to you.
X Attach this card to the back of the mailpiece,
or on the front if space perrnits.
1. Article Addressed to:
Sabina Bach
73111 El Paseo, Suite 204
Palm Desert, California 92260
COMPLETE THIS SECTION ON DELIVERY
A. Signature
x At-6 WI 4--
B. Received by ( Printed Name)
P3
a
qui
C. Da
Agent
Addressee
Dive
D. Is delivery address different from item 1? El Yes
If YES, enter delivery address below:
rvice Type
Certified Mali. 0 Express Mali
egistered Retum Receipt for Merchandise
Insured Mail
4. Restricted Delivery? (Extra Fee)
CI Yes
2. Aviirdn. All Ivriso•••
7003 3110 0001 8070 4401
PS Form 3811, August 2001 Domestic Return Receipt
102595-02-M-1540
Exhibit E
Ln
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m
O
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1-9
0
r-9
m
m
U.S:. Postal Service,.
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.como
Poatt11
?AIRED
Retum Reclept Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
ice Box 193
sert, Califor
is 92261
Sent To
Street Apt. No.;
or PO Box No.
City, State, ZIP+4
PS Form 3800, June 2002
See Reverse for Instructions
SENDER: COMPLETE THIS SECTION
■ Complete items `1. , anc At
Item 4 if Restricted Deliivery des
Print your name and address on tE
so that we cart return the card to;!
■ Attach this card`to the `lack of e
or iin the front if space t TO*,
1. Article AddreSSedto
fic etox 1935
esert. all Om
COMPLETJ THIS SECTION ON DELIVERY
Exhibit E-2
DEBONNE PROPERTY MANAGEMENT
February 24, 2004
Mr. Jason Finley
Code Compliance Officer II
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA. 92260-2578
CASE No. 04-336
Dear Officer Finley:
I acknowledge receipt of your "Order to Abate a Public
Nuisance" letter dated February 18, 2004.
Please be advised that I do not intend to appeal the
determination of the City of Palm Desert.
Pursuant to your recent conversation with my assistan
Martha Hesse, my understanding :s as follows:
1.Short of Ms. Sabina Wietlisbach (Sabina Bach) removing
the awning, the City will proceed with the abatement
and the awning will be discarded.
2. The City will waive the administrative fee.
Once the removal is completed please have the City
contractor send an invoice to my attention.
Thank you or your cooperation.
yours,
Bernard Debonne
73-1 1 1 EL PASEO • SUITE 206 • PALM DESERT, CALIFORNIA 92260
POST OFFICE BOX 1 935 • PALM DESERT, CALIFORNIA 92261
TELEPHONE (760) 674-4949 FAX (760) 674 0142
DECISION OF THE
(Name of Determining Body)
Case No.
CITY OF PALM DESERT, CALIFORNIA
APPLICATION TO APPEAL
(ire-'c l2e7; /L o//Ct
Date of Decision:
Name of Appellant `� � ��� %;; �1 s Phone
Address /- r
Description of
Application or Matter Considered: C.C.
L
Reason for Appeal (attach additional sheets if necessary):
cf' r~ (Signature of Appellant)
':2 /
FOR OFFICIAL USE ONLY
— c D Appeal Filed:
Fee Received: _
Treasurer's Receipt No.
Received by:
Date of Consideration by City Council or City Official:
4
.Actic,n Taken:
D ate:
Rachelie D. Klassen, City Clerk
COPY TO ( /6414-
Exhibit G
Ft .11
1
Sabina Bach
73111 El Paseo, Suite #204
Palm Desert, California 92260
February 27, 2004
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
To: Jason Finley, Code Compliance Officer 11
Please accept this letter as an official ap
peal of the determination that the non -permitted
black sign canopy/awning at the business of Sabina Bach is a public nuisance.
First, there are several points in your order letter that are incorrect or need clarification
for Sabina Bach to be able to completely present it's appeal.
1. Sabina Bach does not own the ro p perry described as 73111 El Paseo, also
legally known as APN No. 627-232-006 as stated in the first sentence of your
letter dated February 18, 2004.
2. Your authority is claimed to be by virtue of proceedings. Please describe the
proceeding, the question that was put to the proceedings, the vote on the
question that was put to the proceedings, and an explanation of why we were
not invited to the proceedings to defend our position.
3. The third paragraph states that Sabina Bach is in violation of the Palm Desert
Municipal Code Chapter 8.20 based on "foregoing conditions" in the letter but
there are no foregoing conditions mentioned except that we are ordered to
remove the sign, which is not a foregoing condition. This statement does not
make any legal sense and makes it impossible to understand.
4. In the last paragraph you mention that the city might remove the sign and any
costs would constitute a lien on the property. Once again, let me remind you
that Sabina Bach is net an owner of the property.
Second, notwithstanding the above problems, Sabina Bach will attempt to make a
temporary appeal of the determination, "that the foregoing conditions constitute a
violation of the Palm Desert Municipal Code Chapter 8.20"
I. The Owner of the building gave his permission for the black sign
canopy/awning that is currently installed above the Sabina Bach entrance to
the owner of Sabina Bach, Sabina Bach; to the designer of the sign, Coleman
Photography; to the builder of the sign. Sign -a -Rama; and to the installer of
the sign, American Awning.
Exhibit G-2
2. When it became apparent that the owner of the building had not received
approval from the city as promised, Sabina Bach prepared an approval request
but the owner refused to sign it.
3. At this point, Sabina Bach has enlisted legal counsel and will be asking the
court to instruct the owner of the building to sign the city approval request.
4. In addition to the above, Sabina Bach would like the Palm Desert City
Attorney to bring this matter before a judge so that a responsible legal entity
can determine who is at fault and if in fact the sign canopy/awning should
remain or be replaced.
5. In either case, Sabina Bach would be opposed to any removal of the sign by
the city before there has been a legal hearing of the facts and a legal
determination has been made. If such removal occurs prior to the above, then
Sabina Bach will be forced to ask the courts for damages. both actual and
punitive, from the City of Palm Desert.
Sabina Bach would also like to be able to present an even more concise appeal after the
language in the Order to Abate has been clarified. We look forward to a prompt reply
from the city attorney so that we may do so in a timely fashion.
Sincerely,
Sabina Bach
M E T R O S -C A N P R O PER T Y PROF
Riverside (CA)
I
L E =
Parcel Number :627 232 006 S: T:
Ref Parcel #:000 000 000 Pos Interest:
Owner Name :Debonne Trust
CoOwner
Site Address:73111 El Paseo Palm Desert 92260
Mail Address:PO Box 1935 Palm Desert Ca 92261
Telephone :Owner: Tenant:
R: Q:
«< SALES AND LOAN INFORMATION »>
Transferred :03/13/2003
Document # :178048 Multi -parcel
Sale Price :$881,000 Partial
Deed Type:Partnership
% Owned :100
Loan Amount
Lender
Loan Type
Interest Rate .
Vesting Type:Trust\trustee
«< ASSESSMENT AND TAX INFORMATION »>
Land :$259,782
Structure:$54,121
Other
Total :▪ $313,903
% Improved :17
Exempt Type
Exempt Amount
Tax Rate Area :18-019
Taxes :$3,746.78
«< PROPERTY DESCRIPTION >»
Map Grid :848 El
Census:Tract:451.06 Block:2
Land Use :C01 Com,Commercial Stores
Legal :LOT 8 BLK I MB 021/050 PALM DESERT
Sub/Plat :Palm Desert
Book :21 Page:50
Bedrooms :
* BathFull :
* Bath3Qtr :
* BathHalf :
* Fireplce :No
* Cntrl Ht :No
* CntrlA/C :No
* Pool :No
*
«< PROPERTY CHARACTERISTICS
************************
*
*
*
*
*
*
*
» > *
Stories
Units•
Bldg SqFt:
Gar SqFt :
Gar Type :
Lot Acres:
Lot SqFt :
Roof Type:
YearBuilt:
Misclmprv:No
Street:
Waterfrnt:
Elect Svc:
Gas Svc .
WaterSrce:
SewerType:
AgPreserve
ADDITIONAL
RmAddtns :No
RmAddSF
AddGarType
OthrPkng
*
*
****************************************************************************************
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or complelene,Fs infortization contained in this report.
*
*
*
*
*
*
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Exhibit I
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder, Code Compliance Manager
From: Jason K. Finley, Code Compliance Officer II
Date: March 3, 2004
Subject: APPE PEAL
F ORDER TO ABATE FOR SABINA WIETLISBACH
In response to an appeal filed by Sabina Wietlisbach, the following is a summary of
actions by Code Compliance staff in an effort to attain compliance:
On January 22, 2004, Code Compliance received a complaint from Bernard Debonne,
property owner of 73-111 El Paseo. Mr. Debonne's complaint stated the existing
awning at his property, Suite #204, was altered without a sign permit and the tenant,
Ms. Wietlisbach, did not obtain his written approval prior to altering the awning.
Code Compliance staff verified with the Planning Department that a sign permit was not
issued to alter the existing awning. An inspection confirmed the alteration and a Notice
of Violation was issued to Ms. Wietlisbach for P.D.M.C. 25.68.030 - Sign permit
procedures.
On January 28, 2004, Ron Baker, a representative for Ms. Wietlisbach, requested and
received a one -week extension to apply for and have the proper approvals submitted to
the City's Planning Department.
On February 18, 2004, staff verified with the Planning Department that Ms. Wietlisbach
had not submitted an application for a sign permit. An Order to Abate was issued, via
certified mail, to Bernard Debonne, property owner, and Sabina Wietlisbach, tenant,
instructing them to completely remove the black awning and sign at 73-111 El Paseo
Suite #204 by March 8, 2004.
On February 24, 2004, Code Compliance received a written letter from Bernard
Debonne stating that he would not contest the Order to Abate and will cooperate with
the City in the abatement and removal of said awning and sign.
Exhibit J
APPEAL OF ORDER TO ABATE FOR SABINA WIETLISBACH
MARCH 3, 2004
PAGE2OF2
On February 27, 2004, Ms. Wietlisbach spoke with Tony Bagato, Assistant Planner,
regarding submittal of a sign permit. Ms. Wietlisbach was informed of the sign permit
requirements including P.D.M.C. 25.68.030 (I), which states an applicant must provide a
signed statement from the property owner or his authorized representative that he has
reviewed the proposal and approves of the same prior to each submittal to the City.
Ms. Wietlisbach stated that she could not obtain property owner approval and filed an
appeal requesting the issue be reviewed and a determination made by the City Council.
If I can be of any assistance, I am available at your convenience.
Respectfully Submit
JASON K. FINLEY
CODE COMPLIANCE OFFICER II