HomeMy WebLinkAboutCase No. 07-3553 Ex B- PDMC Ord. Chaptr 8.20.020 Unlawf'ul prope� EXHIBIT B Page 1 of 3
Palm Desert Municipal Code
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Title 8 HEALTH AND SAFEIY
Chapter 8.20 PUBLIC NUISANCES
8.20.020 Unlawful propert�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 construction. For purposes of this subsection, 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, 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, or whose paint has peeled or
blistered, such that the building or structure is unsightly;
C. F.,xterior walls, fences, driveways or sidewalks which are maintained in a condition of deterioration or
disrepair and which are defective or unsightly such that the vafues of surrounding properties are reduced;
D. E3roken 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 active building or grading permit for the premises;
F. Land graded without an appropriate city permit which causes crosion, subsidence or surface water
drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safery 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
e�cavation, 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 properry by neighbors, or detrimentally affects property values in surrounding
neighborhoods or community and resulting from construction activities within the city;
l. 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
commonly 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 Codc, Fire Code, Health Code or lJniform Housing Code, as the same currently exist or as they
may be hereinafter enacted or amended;
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8.20.020 Unlawful property nuisances. Page 2 of 3
M. Premises so maintained as to cause the accumulation of polluted or stagnant water when such water
causcs 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 city
fire department or authorized representative by issuance of a permit to do so. There shall be no authoriied
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, 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 values of surrounding properties are reduced or such that the aesthetics of surrounding
properties are detrimentally affected;
S. Landfills which contain organic materials, except as permitted by the building director or the public
works director;
'I'. The existence of the following on propeRy 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. C;arbage 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 safery signs and signals,
10. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation, cultivated
or uncultivatcd, 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,
1 I. 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)
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8.20.020 iJnlawful property nuisances. Page 3 of 3
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Chapter 25.14 RE ESTATE RESIDENTIAL DISTRICT Page 1 of 4
Palm Desert Municipal Code
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Ti.de 25 ZONING
Chapter 25.14_RE ESTATE RESIDENTIAL DISTRICT
25.14.010 Purpose.
The RE district is intended as an area for residential estates. Only those additional uses are permitted that are
complementary to, and can exist in harmony with, a residential ncighborhood. (Ord. 94 § 1 (part), 1975: Exhibit
A § 25.9-1)
25.14.020 Principal uses and strudures permitted.
Thc following are permitted uses in any RE district:
A. Accessory buildings,uses, and structures;
B. Domestic animals;
C. Guest dwclling;
D. Home based businesses subject to the provisions of Chapter 25.66 as modified by Section 25.14.041;
E. One single-family dwelling per lot;
F. Public pazks and recreational facilities;
G. Servant quarters;
H. Private greenhouses and horiicultural collections;
I. Temporary uses as prescribed in Chapter 25.64;
J. Small family day care homes. (Ord. 840 § 1 (Exhibit A) (part), 1997: Ord. 742 § 3, 1994; Ord. 120 § 1
(part), 1976: Ord. 94 § 1 (parl), 1975: Exhibit A §25.9-2)
25.14.030 Conditional uses.
The following uses may be permitted subject to a conditional use permil:
A. Churches,convents,monasteries and other religious institutions;
B. Day nurseries and nursery schools;
C. Fire stations;
D. Public educational institutions;
E. Public utility and public service facilities;
F. Private schools and colleges,nol including art,business,or trade schools or collcges;
G. Private recreational facilities such as country clubs,tennis and swim clubs, golf courses,with incidental,
limited commercial uses which are commonly associated and directly related to the primary use;
H. Stables for boazding horses; and
1. Second unit senior housing subject to the provisions of Chapler 25.21 as modified by Section 25.14.043.
(Ord. 840 § 1 (Exhibit A) (part), 1997: Ord. 94 § 1 (parl), 1975: Exhibit A §25.9-3)
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Chapter 25.14 RE ESTATE RESIDENTIAL DISTRICT Page 2 of 4
25.14.035 Large family day care homes.
Large family day care homes are permitted subject lo a use permit pursuant to Chapter 25.72A of this code.
(Ord. 742 § 4, 1994)
25.14.040 Prohibited uses.
All uses not specifically provided for in Sections 25.14.020 and 25.14.030 of this chapter are strictly
prohibiCed in the estate residential district. (Ord. 94 § 1 (part), 1975: Exhibit A § 25.9-4)
25.14.041 Home based businesses exception.
A. Home based businesses or associated storage may be conducted in a dwelling or accessory structure not
to exceed six hundred forty square feet.
B. Ii is unlawful to park or store any commercial vehicles on the properly with the exception of one pickup
wck or van of one and one-half tons or less.
C. One employee may park his/her vehicle on the subject property for the purpose of driving a commercial
vehicic to a remote job site. (Ord. 840 § 1 (Exhibit A)(part), 1997)
25.14.042 Horses.
Horses may be maintained in the RE zone subject to obtaining a permit approved by the director of
community development and the following restriction and requirements:
A. Two standazd horses(or mules)over 14.2 hands, fii�y-eight inches shall be permitted on a lol of forty
thousand square feet minimum area with a total number of horses all sizes not exceeding three. (This woutd
allow one additional pony or the temporary keeping of one foal.)
B. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions:
1. Corral. Two hundred eighty-eight square feet per horse;minimum dimensions of twelve by twcnty-four
feet,one-third shaded.
2. Stable. One hundred forty-four square feet,minimum dimension twelve feet by twelve feet per horse.
Stable shall be ventilated for the desert environment.
3. Construclion. Corrals and stables shall be constructed of material and in such a manner to adequately
contain the horses.
C. Barns,corrals or stables constructed to maintain horses shall be located not less than thirty-five feet
from any residence or habitable structure on the same lat and not less than fifty feet from any residence or
habitable structure on adjacent lots. Barns,conals or stables may be located within fifty feet of a front properly
line if the finding can be made that the design and appearance of such structures are compatible with surrounding
properties. No horses shall be permitted within one hundred feet of an adjacent properly not zoned RE(i.e., R-1,
O.P., PR).
D. Animal manure shall be stored in appropriate receptacles and properly disposed of not less than once per
wcek.
E. Barns,corrals or stables shall be cleaned and maintained such that dust, flies and odors shall not create a
nuisance for adjacent properties and nol less than once per day. (Ord. 840 § 1 (Exhibit A) (part)> 1997)
25.14.043 Second unit senior housing.
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Chapter 25.14 RE ESTATE RESIDENTIAL DISTRICT Page 3 of 4
T'he second unit may be detached. Floor area shall not exceed fifty percent of the primary dwelling. (Ord. 840
§ 1 (Exhibit A) (part), 1997)
25.14.050 Maximum development densities.
The maximum density shall be as expressed in dwelling units per gross acreage of not more than the
designation following the roning symbol RE;and, as further restricted by thc application of an overlay district
suffix. (Ord. 212 § 1 (part), 1979)
25.14.060 Development standards for flve gross ac�e lots.
All development on lots of five gross acres or larger as shown on the zoning map shall comply to the
following minimum development standards:
A. Minimum lot area shall be five gross acres or larger as determined hy the city council and indicated on
the zoning map;
B. Minimum lot width,two hundred fifty feet;
C. Minimum lot depth, three hundred feet;
D. Minimum rear yard,two hundred feet;
E. Minimum side yards, fifty feet;
F. Maximum building site coverage,ten percent;
G. The minimum dwelling unit si•r.e as specified in Section 25.56.320 shall be not less than two thousand
square feet for all lots at least five gross acres in size;
H. When said�.one district exists in conjunction with the hillside overlay district, the setback provisions
specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be
as approved by the planning commission as a part of their action on the required conditional use permit. (Ord.
212 § 1 (part), 1979)
25.14.070 Development standards for existing lots of record or lots greater than one gross acre but
less than five gross acres.
All development on e�cisting lots of record or lots greater than one acre,but less than five gross acres as
shown on the zoning map shall comply with the following minimum development standards:
A. Minimum lot area shall be five gross acres or larger as determined by the city council and indicated on
the roning map;
B. Minimum lot width,two hundred feet;
C. Minimum lot depth,two hundred fifly feet;
D. Minimum reaz yard,one hundred feet;
E. Minimum side yards, fifty feet;
F. Maximum building site coveragc,twenty percent;
G. The minimum dwelling unit size as specificd in Section 25.5G.320 shall be not less than two thousand
square fect for all lots at least one gross acre in size;
H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions
specified in this section shali not be applicable. The required setbacks and minimum dwelling unit size shall be
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Chapter 25.14 RE ESTATE RESIDENTIAL DISTRICT Page 4 of 4
as approved by the planning commission as a part of their action on the required conditional use permit. (Ord.
212 § 1 (part), 1979)
25.14.080 Development standards for one gross acre lots or less, but at least forty thousand
square feet net size.
All development on lots of one gross acre in size, at least forty thousand square feet nct size, as shown on the
zoning map, shall comply with the following minimum development standards: A. Minimum lot azea shall be
i'orty thousand syuare feet(net size)as determined by the city council and indicated on the zoning map;
B. Minimum front yard,thirly feet;
C. Minimum lot width,one hundted fifty feet;
D. Minimum lot depth,two hundred feet;
E. Minimum rear yard,fifty feet;
F. Minimum side yards,fiftecn feet;
G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less than two thousand
square feet for all lots at least forty thousand square feet net size;
H. When said zone district cxists in conjunction with the hillside overlay district,the setback provisions
specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be
as approved by the planning commission as a part of their action on the required conditional use permit. (Ord.
840 § 1 (Exhibit A) (part), 1997: Ord. 212 § 1 (part), 1979)
25.14.090 General development standards applicable to all lots.
The following standards shall apply to all lots in the RE district:
A. Maximum building height,eighteen feet;
B. All parking and loading shall comply with the provisions of Chapter 25.58;
C. For provisions regarding utilities,see Section 25.56.100 of this title;
D. All signs shall be in compliance with Chapter 25.G8;
E. All development shall comply with the provision of Chapter 25.70 for site plan review by the design
review process. (Ord. 212 § 1 (part), 1979)
25.14.100 Special standards.
All development in the RE district shall comply with the hillside development standards of Chapter 25.52 and
other special standards required by conditional use permits for conditional uses. (Ord. 212 § 1 (part), 1979)
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Chapter 8.70 PROPERTY MAINTENANCE Page 1 of 8
Palm Desert Municipal Code
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Titie 8 HEALTH AND_S_A_FETY
Chapter SJO PROPERTY MAINTENANCE
8.70.010 Purpose and intent; violation of chapter.
The city council has delermined that the quality of life in Palm Desert is tied to the character and condition of
rcal 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 promotc public awareness of
those standards, visual unity and order, as well as enhance the value of land and developmenl 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 properly for compliance with these siandards 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
Chaptcr 820 of this code. In addition to or in lieu of such adminislrative abatement,the city may pursuc any
other legal or equitable remedies available to it under lhis code or state law,including but not limited to the
procedures contained in the California Health and Safety Code and in the Uniform Code for the Abatement of
Dangerous Building. (Ord. 801 § 1 (parl), 1996)
8.70.020 Property manager registration.
All owners of multifamily rental properties within the city consisting of three or more units shall providc the
city with the name and telephone number of at least one person whom the city may contact in the evcnt of a
compliance problem relating to the requirements of this chapter. In addition, all on-site properly 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. (Ord. 801 § 1 (part), 199G)
8.70.d30 Compliance with approved plans: commercial properties, multifamily properties, and
single-family residential subdivisions.
Buildings, structures,and landscaping on commercial properties,multifamily properlies,and the common
areas and perimetcrs of single-family residential subdivisions within the city shall be maintained in a condition
consistent wilh all approved plans on file with the city and as installed at the time of final city inspection. (Ord.
801 § 1 (part), 1996)
8.70.040 Substandard buildings and housing.
Buildings and structures on property shall not be left abandoned,partially destroycd,in an"unreasonablc 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 Codc,
Uniform Mechanical Code,Uniform Swimming Pool Code,Uniform Fire Code, and Uniform Housing Code, as
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Chapter 8.70 PROPERTY MAINTENANCE Page 2 of 8
lhe same currcntly exist or may hereafter be amcnded. See California Health and Safety Code Sections 17920.3,
17922.2 and 17060;see also Chapters 15.04, 15.16, 17,01, 18.04, 19.01,21.04 and 22.01 of this code.
For purposes of this section,the following definitions shall apply:
"Abandoned"means forsaken and devoid of any appazent 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 outwazd 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 lhe immediate neighborhood.
"Unreasonable state of partial construction"means a slate 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 thc immediate
neighborhood. (Ord. 801 § 1 (part), 1996)
8.70.050 Painted surfaces and wood.
Painted surCaces on the exteriors of buildings and structures on properties shall be maintaincd 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. (Ord. 801 § 1 (part), 1996)
8.70.060 Walls, fences, driveways and sidewalks.
Exterior walls, fences,driveways and sidewalks visible from public rights-of-way or adjaccnt properlies 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. (Ord. 801 § 1 (part), 1996)
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 vagants sha11 be promptly repaired or replaced. (Ord. 801 § l (part), 1996)
8.70.080 Construction equipment, machinery and maberials.
Construction equipment,machinery,or building materials of any type or description shall not be pazked or
stored on any portion of the premises that is visible from the public right-of-way or from adjacent properties
except durin�cxcavation, 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 nol be parked in public view for morc than twelve hours at a location that is not the site of an ongoing
construction project. (Ord. 801 § 1 (part), 1996)
8.70.090 Erosion, subsidence and drainage.
Land shall nol be maintaincd or graded in such a fashion as to cause erosion,subsidcnce or surface water
drainage problems of such magnitude as to endanger public health or safety. (Ord. 801 § 1 (part), 1996)
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8.70.100 Excavations, pits and wells.
Excavations,pits and welis or holes on property shall not be left open to the public in a harardous condition.
See also Section 8.50.210 of this code,periaining to abandoned wells. (Ord. 801 § 1 (part), 1996)
8.70.110 Signage.
All on-premises signs must be maintained in a safe,presentable, and structurally sound condition at all limes,
including the replacement of defective parts,wiring,ballast,painring,repainting,cleaning, and other acts
rcyuired for the maintenance of said sign,whether done on site or in a licensed contractor's place of business.
Signs illuminated either intemally or externally must be capable of being fully illuminated and legiblc,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
perlaining to the abandoned business must ordinarily be removed and replaced with a blank panel or while space
within thirty days of the user vacancy. See Section 25.68.470 of this code. Signs not maintained in accordance
with thcsc and other maintenance requirements specified by 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 outwazd
appearance that all claims to possession or control have been relinquished. (Ord. 801 § 1 (part), 1996)
8.70.120 Outdoor stairs, railings, baiconies 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 immcdiate
neighborhood. Proper maintenance of awnings includes regular cleaning and,when faded or damaged,
replacement of awning materials. See Section 25.68.610 of this code. (Ord. 801 § 1 (part), 1996)
8.70.130 Swimming pools and other bodies of water.
All swimming pools shall be maintained in accordance wiih applicable requirements of lhe UniPorm
Swimming Pool Code adopted by the city,as the same now exists or may hereafter be amended. And under no
circumstances shall any swimming pool, 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. (Ord. 801
§ 1 (part), 1996)
8.70.140 Graffiti defacement.
Whcnever 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 prompdy removed in accordance with Section 9.40.060 of
this code. (Ord. 801 § 1 (part), 1996)
8.70.150 Neighborhood compatibility.
Property shall bc maintained in reasonable consistency and compatibility with the maintenance standards of
adjacent properties so as not to intcrfere with the reasonable enjoyment of such properties or to depreciate thcir
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aesthetic or properly values. This section shall not be construed as relieving a property owner,manager,or
occupier from complying with any property maintcnance provisions of this code or applicable statc law. (Ord.
801 § 1 (part), 1996)
8.70.160 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. (Ord. 801 § 1 (part),
1996)
8.70.170 Refrigerators, airtight containers.
No person shall leave or permit on outdoor property any unattended icebox,refrigerator, frcezer 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. (Ord. 801 § 1 (part), 1996)
8.70.180 Stockpiling of dirt, other materials.
No person shall stockpile fill dirt or other material on any outdoor properly within public vicw withoul a
permit. For purposes of this section,"stockpiling"means deliberate accumulation of an unusually large quantity
of material in a particular location,ordinazily for some future use. (Ord. 801 § 1 (part), 1996)
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 hazazdous,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 lhe public right-of-way
in such a manner ihat pedestrian or vehicular traffic is impaired,or such that vehicle operators cannot clearly
obscrve safety signs and signals. For purpases of this section,"adequately maintained"means a condition that
does not substantially delract from the appearance of the immediate neighborhood or reduce surrounding
property values. (Ord. 801 § 1 (pari), 1996)
8.70.200 Abandoned furniture, lumber,junk.
Abandoncd or discarded furniture, appliances,play equipmcnt,or other household fixtures or other
equipment,lumber,junk,trash,debris,refuse,waste matter, and other salvage materials shall not bc stored so as
to be visible from public right-of-way or from adjoining property,nor in such a manner that they constitute a Cue
harard. For purposes of this section,"abandoncd 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. (Ord. 801 § 1 (part), 1996)
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Chapter 8.70 PROPERTY MAINTENANCE Page 5 of 8
8.70.210 Attractive nuisances.
Atlractive 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 creale a safely hazard to children or other
persons. (Ord. 801 § 1 (part), 1996)
8.70.220 Clotheslines, clothes.
Clotheslines in front yard areas or side yard areas of comer lots,clothes hung to dry on walls, fenccs,trees,
bushes or inside opened garage or carport areas are not permitted if visible &om the public right-of-way. (Ord.
801 § 1 (part), 1996)
8.70.230 Nuisance vehicles.
Except as otherwisc stated below, abandoned,wrecked or inoperative vehicles of all typcs, and parts thercof,
are not permitted in areas of property visible from the public right-of-way or fram adjacent properties. See also
Chapter 10.24 of this code. 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 proccdures set forth in
Chapt.cr 10.24. For purposes of this section, a"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 sunounding
property values. For purposes of this section and 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. (Ord. 801 § 1 (part), 1996)
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. (Ord. 801 § 1 (part), 1996)
8.70.250 Commercial kitchens.
A. Cleaning of floormats used in restaurant kitchens,bazs,and other areas of commercial food preparation
(hereafter referred to collectively as"commercial kitchens") is not permitted in sidewalks,streels,public rights-
of-way 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 lo mops,towels,brushes,brooms, buckets and hoses,which are stored outside must bc 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 pubtic view in compliance with this code. See Section 8.70.290 and Chapters
8.12 and 8.16 of this codc.
B. 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
accumulatc on cxterior areas of the property that are open to or visiblc 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 yuantity
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that any of the following conditions exist: (1)exterior property surfaces of at least six inches in diamcter or
twelve inches in length are oily or sticky to the touch for more than twenty-four 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 pub(ic;or(4)the condition of the property substantially detracts from the appearance of the immediate
neighborhood or reduces surrounding property values. (Ord. 801 § 1 (pari), 1996)
8.70.260 Gasoline, oil and grease.
Gasoline, oil,grease and other flammable,toxic or hazardous liquids shall not be permittcd to flow onto thc
public right-of-way,or to accumulate excessively on any paved surfaces,buildings, structures,walls or fences.
(Ord. 801 § 1 (part), 1996)
8.70.270 Sidewalk areas.
Owners of lots, or portions of lots, fronting on any poriion of a public street shall cican,repair and maintain
sidewalk areas in a safe condition in accordance with Chapter 12.2f of this code. (Ord. 801 § 1 (parl), 1996)
8.70.280 Public rights-of-way.
Owners of lots,or portions of lots, Gonting on any portion of a public strcct shalI rcpair and maintain thc
landscaping and general appearance af any portion of a public right-of-way lying between the public street and
the properiy owner's lot line,just as if such right-of-way were part of the fronting lol. In the event that cily-
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 thc 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 submittcd to
the director of community development. This section shall not be construed as excusing compliancc when the
appearance of the fronting lot violates this code. (Ord. 801 § 1 (part), 1996)
8.70.290 Litter in gutters, sidewalks and parking lots.
No person shall blow,hose or 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 Gont of their premises reasonably &ee of litter. Parking lots open to the public and/or visiblc from a
public ri�;ht-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 refusc discarded in the lot. (Ord.
801 § 1 (part), 1996)
8.70.300 Dust,sand, refuse and waste matter.
Condilions of dust, sand,gravel,trash or refuse on property shall not be allowed to intcrfcre 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.
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Evcry person in charge of a residence or residences,whether single-family or multiple-family,shall mal:c
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 cvery person in charge of a residence,commercial or industrial business shall deposit or cause to be
deposited a11 refuse in standard containers or commercial bins as approved by the health of�icer and the solid
waste supervisor. See Chapter 8.16 of this code for more specific requirements pertaining to solid waste.
Refuse and/or recycling cans,bins,containers or plastic bags may not be slored in front or side yazds visible
from the public right-of-way,or in locations that cause of�'ensive 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 Chapter 8.12 of this code for more spccific
enclosurc rcquirements and specifications.
For purposes of this section, "refuse and waste matter"means and is defined as unused or discazdcd 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 inetal (ferrous or nonferrous), furniture or parts thereof,inoperative vehicies or parts
thcreof,trimmings,cans,bottles,barrels and unapproved F11 dirt or similar matter. (Ord. 801 § 1 (part), 199fi)
8.70.310 Recreational vehicle parking and storage.
Parking or storage of any recrcational vehicle on private property in any residential zone in the city must
comply with Chaptcr 8.40 of this code. (Ord. 801 § 1 (part), ]99G)
8.70.320 Parking and repairing of vehicles.
Except to the extent allowed by Chapter 8.32 of this code,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:
A. Park passenger and commercial vehicles,including all types of motorcycles, in front and corner side lots
and vacant lots,at any lime,exccpt in designated driveways or other designated pazking areas, in any residential
district;
B. Servicing, repairing,asscmbling,disassembling,wrecking,modifying or otherwise working on any
motor vchicles,parts equipment,machinery,tools or other automotive matcrials of any kind in public view in
any residential district. Neither tiiis section nor Chapter 8.32 of this code shall be construed as prohibiting
occasional minor repairs or maintenance performed in Iess than cight hours, such as: changing oil, spark plugs,
and air filters;jump-starting a dead battery; and replacing a flat tire. (Ord. 801 § 1 (part), 1996)
8.70.330 Water management for existing landscapes.
To thc extent required by Chapter 24.04 of this code, all exisling landscaped areas that are one acre or more,
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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 fivc years. Runoff, low head drainage,overspray or other similar conditions where water flows onto
adjacent property,nonirrigated areas,walks,roadways or structures is generally prohibited. (Ord. 801 § 1 (pari),
1996)
8.7Q.340 Noise.
Any noisc resulling from machinery or equipment operation, amplified speakers,or any other activity on the
premises must comply with the city's noisc-level requirements containcd in Chapter 9.24 of this code. (Ord. 801
§ 1 (parl), 1996)
8.70.350 Lighting.
Any outdoor property lighting fixtures and lamps must comply with Chapter 8.28 of this code. (Ord. 801 § 1
(parl), 199G)
8.70.360 Plumbing and sewage disposal systems.
All plumbing and scwage disposal systems on the premiscs,whether located above ground or subsurface,
shall be properly maintained in accordance with Chapter 8.55 of this code and any applicable state or local laws
and regu(ations. (Ord. 801 § 1 (part), 1996)
8.70.370 Accessible parking.
Owners and operators of parking lots or structures that aze required by the California Building Code to
provide accessible pazking for persons with disabilities shall maintain such parking in full compliance with any
state or local requirements. See California Building Code Section 1129B or successor regulations. Among other
things, the specific locations of such parking spaces approved by the city at the time of final permit inspection
shall not thereafter be relocated by thc property owner or occupier without prior written approval of thc city's
building official. (Ord. 801 § 1 (part), 1996)
8.70.380 Miscellaneous.
Compliance with this chapter shall not excuse a failure to comply with any other applicable property
maintenance provisions of this code or state law not expressly restated or cross-rcferenced in this chapter. (Ord.
801 § 1 (part), 1996)
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