HomeMy WebLinkAboutOrdinance 1243 - Property Maintenance IssuesOrdinance No. 1243
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: Approve Eight Ordinances Updating Various Municipal
Code Sections
SUBMITTED BY: David J. Erwin, City Attorney
DATE: September 13, 2012
CONTENTS: Technical Municipal Code Revisions
Staff from the various departments and the city attorney's office have done a
comprehensive review of the city's municipal code to identify technical, largely non -
substantive changes that (1) conform the code sections to current law; (2) conform the
code sections to current practice in the city; and (3) make the code sections internally
consistent.
The ordinance revision package on the agenda contains eight proposed ordinances, each
of which change multiple Municipal Code Sections. The eight ordinances contain
changes to code sections that deal generally with the following subject matters:
1. City Offices
2. Conduct of Council Meetings
3. Property Maintenance Issues
4. Peddling and Solicitation
5. Art in Public Places
6. Noise Control
7. Civil Engineering
8. Traffic Issues
MEETING DATE L?_/3 —o�O/�
C INUED TO
Ef PASSED TO 2ND READING
* Passed to second reading as amended to reflect
the non -substantive clerical changes as presented.
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ORDINANCE NO. 1243
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 5.10.050, 8.20.020, 9.24.075 AND 9.25.020 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA,
DEALING WITH PROPERTY MAINTENANCE ISSUES
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Sub -Section A of Section 5.10.050 of the Code of the City of Palm Desert,
California be and the same is hereby amended to read as follows:
"Section 5.10.050 Short-term rental permit —Required.
A. The Operator is required to obtain a short-term rental permit from the city,
pursuant to the provisions of this chapter and Chapter 3.28 respectively, before renting
or advertising for rent any privately owned residential dwelling to any transient for a
period less than a monthly basis."
SECTION 2.
That Section 8.20.020 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"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:
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
detrimentally affects property values in surrounding neighborhoods or community and
cq resulting from construction activities within the city."
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SECTION 3.
That Section 9.24.075 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 9.24.075 Property maintenance activities.
A. Noise sources associated with property maintenance activity and all
portable blowers, lawnmowers, edgers or similar devices shall be prohibited except
during the following hours:
October 1 st through April 30th
Monday through Sunday: Nine a.m. to five -thirty p.m.
Government code holidays: Not allowed.
May 1 st through September 30th
Monday through Friday:
Saturday and Sunday:
Government code holidays
Eight a.m. to five -thirty p.m.
Nine a.m. to five -thirty p.m.
Not allowed.
Notwithstanding the hours of permitted operations, such equipment that
constitutes a public nuisance may be abated as otherwise provided in this code.
With the exception of blowers, all maintenance activities associated with golf
courses and/or tennis courts can operate from five -thirty a.m. to seven p.m., seven days
a week
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SECTION 4.
That Section 9.25.020 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 9.25.020 Loud or unruly gathering — Public nuisance.
It is unlawful and a public nuisance to conduct a gathering of tern one or more
persons on any private property in a manner which constitutes a substantial disturbance
of the quiet enjoyment of private or public property in a significant segment of a
neighborhood, as a result of conduct constituting a violation of law. Illustrative of such
unlawful conduct is excessive noise or traffic, obstruction or public streets by crowds or
vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of
the peace, litter. A gathering constituting a public nuisance may be abated by the city
by all reasonable means including, but no limited to, an order requiring the gathering to
be disbanded and citation and/or arrest of any law violators under any applicable local
laws and state statutes.
SECTION 5.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
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PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of
2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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