Note: Prior ordinance history: Ords. 1684, 1746, 1763,
1949 and 2031.
The purpose of this Chapter is to ensure all vacant and boarded
buildings comply with minimum property maintenance requirements, to
encourage proactive and preventive maintenance of properties, to ensure
maintenance issues are quickly and efficiently remedied, and to promote
the health, safety, and welfare of the people of the City of Palm
Springs.
(Ord. 2032 § 2, 2020)
If any provision of this Ordinance and Chapter is found to be
unconstitutional or otherwise invalid by any court of competent jurisdiction,
that invalidity will not affect the remaining provisions of this Ordinance
and Chapter, which can be implemented without the invalid provisions,
and to this end, the provisions of this Ordinance are declared to
be severable.
(Ord. 2032 § 2, 2020)
As used in this Chapter, the following terms and phrases are
defined as follows:
means that (i) construction activity is taking place at a
property without any pause, interruption, or suspension greater in
duration than 45 days, and (ii) the owner, owner of record, or a duly
authorized agent, servant, assign, employee, or contractor acting
or providing services on behalf thereof, is on-site at a property
that is under construction, actively engaged in construction, maintenance,
demolition, or related administrative activity, without any pause,
interruption, or suspension greater in duration than 15 days.
means any one or more of the following conditions or activities:
Abandoned Building or Structure.
A building or structure which is not being inhabited, occupied,
or used and which is unsecured. For purposes of this Chapter, a building
or structure is unsecured when the public can gain entry without the
consent of the owner.
A partially constructed, reconstructed, or demolished building
or structure upon which work is abandoned. Work is deemed abandoned
when there is no valid and current building or demolition permit,
or when there has not been any substantial work on the project for
a period of six months or more.
Attractive Nuisance. Property which is in an unsecured state
so as to potentially constitute an attraction to children, a harbor
for vagrants, criminals, or other unauthorized persons, or so as to
enable persons to use the property for the purpose of committing a
nuisance or unlawful act.
A building or structure which is in a state of disrepair:
Exterior wall and/or roof coverings which have become deteriorated
and do not provide adequate weather protections, resulting in termite
infestation and/or dry rot.
Broken or missing windows or doors which constitute a hazardous
condition or a potential attraction to trespassers.
Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks, or other structures on the property which are
broken, deteriorated, or substantially defaced, to the extent that
the disrepair is visible from any public right-of-way or visually
impacts neighboring public or private property or presents an endangerment
to public safety.
Building exteriors, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks, or other structures on the property which have
been repainted in such a manner that the appearance may be further
deteriorated or substantially defaced.
Property Inadequately Maintained.
Overgrown, diseased, dead, or decayed trees, weeds, or vegetation
that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances;
or (2) substantially detract from the aesthetic and property values
of neighboring properties; or (3) constitute a fire hazard or other
condition that is dangerous to the public health, safety, or welfare;
or (4) are likely to attract use as shelter by transients.
Solid waste, which includes "garbage," "refuse," and "rubbish,"
and all "solid waste" as may be defined in this Code, constitutes
blight and blighted property in the following situations: (1) the
accumulation of solid waste is visible from a street or public right-of-way,
is not enclosed in a Cityapproved container, and is present for more
than 72 consecutive hours; or (2) the accumulation of solid waste
is being stored or disposed of in a manner that would allow the material
to be transported by wind or otherwise onto or upon any public street,
public right-of-way, or neighboring property, unless the method of
storage or disposal is specifically allowed by this Code.
Any swimming pool, pond, or other body of water which is abandoned,
unattended, unfiltered, drained with no cover to prevent the existence
of a hazard, or not otherwise maintained, resulting in polluted water.
"Polluted water" is defined for the purpose of this Chapter, as water
which contains organic growth, including algae, remains of rubbish,
refuse, debris, papers, and any other foreign matter or materials,
which, because of its nature or locations, constitutes an unhealthy
or unsafe condition.
means any structure, including, but not limited to, any residential,
commercial, industrial, or assembly structure, approved for occupancy
on either a lot of record or within a single project approved by the
City pursuant to the City's Zoning Code.
means all properties in the City that are not developed for
solely single family residential uses. The term "commercial properties"
includes apartment buildings that include five or more rental units.
means an agreement between the City and at least one other
person or entity whereby an owner secures the authorization and approval
of the City, whether through a duly authorized written contract, or
via a land use permit or entitlement approval, to pursue a development
or redevelopment project at a property where one or more abandoned
buildings or structures, and/or vacant building is located.
means the area bounded by Vista Chino on the north, Palm
Canyon Drive (Vista Chino to Alejo Road) and Belardo Road (Alejo Road
to Ramon Road) on the west, Ramon Road on the south, and Indian Canyon
Drive on the east, including that portion west of Belardo Road extending
to Museum Drive and located north of Tahquitz Canyon Way. This definition
includes those properties located on either side of those streets
establishing the boundary defined herein, but excluding the east side
of Indian Canyon Drive between Alejo Road and Ramon Road.
means the City Manager, Building Official, the Chief of Police,
the Fire Chief, or their respective designees.
means any building in the context of the totality of circumstances
that would lead a reasonable Enforcement Official to believe that
the building is vacant or occupied by a person without a legal right
of occupancy. Such real property conditions include, but are not limited
to: overgrown or dead vegetation; accumulation of newspapers, circulars,
flyers, or mail; past due utility notices or disconnected utilities;
accumulation of trash, junk, or debris; the absence of window coverings
such as curtains, blinds, or shutters; the absence of furnishings
or personal items consistent with residential habitation; or statements
by neighbors, passersby, delivery agents, or government employees
that the property is vacant.
means any building, structure, or site previously designated as a "Class 1" historic structure or site by the City Council pursuant to the provisions of Chapter 8.05 of this Code, which building or site is not located on lands owned by the United States for the benefit of the Agua Caliente Band of Cahuilla Indians, one of its members, any member of any other federally recognized Indian tribe, or subject to a restriction against alienation imposed by the United States.
means within 40 driving miles of the building, structure,
or real property in question.
means in excess of 40 road or driving miles of the building,
structure, or real property in question.
means any person having legal or equitable title or any interest
in real property, including all persons shown as owners on the last
equalized assessment roll of the RiversideCounty Assessor's Office.
An owner includes a person with power of attorney, an executor of
estate, trustee, or who is a court appointed administrator, conservator,
guardian, or receiver.
means any natural person, partnership of any kind, corporation,
limited liability company, association, joint venture, or other organization,
however formed, as well as trustees, heirs, executors, administrators,
or assigns, or any combination of such persons.
means a program that allows artwork or other approved displays
to be installed by the City within Downtown/Uptown, or such other
geographic areas of the City determined by the City Manager, chosen
as an alternative pursuant to this Chapter to provide window coverings
for the storefronts of vacated commercial buildings or portions thereof.
Each PIP will be approved by the City Manager and administered by
the Community and Economic Development Department. Owners of vacated
commercial buildings which have windows visible from the public right-of-way
within the area of the PIP or can be seen by the public shall participate
in the PIP upon registration of the vacant building as prescribed
in this Chapter. A copy of each PIP shall be made available in the
Office of the City Clerk.
means a building where at least 35% of the total floor area
within the building is not lawfully occupied.
(Ord. 2032 § 2, 2020)
(a)
Applicability.
The provisions of this Chapter shall apply generally to all improved
real property throughout the City of Palm Springs where any of the
conditions specified in this Chapter are found to exist.
(b)
Regulations
Cumulative. The regulations provided by this Chapter are cumulative
to each other and to any other available under City, State, or federal
law.
(c)
Authority
to Enforce Chapter. The Enforcement Official is authorized to administer
and enforce this Chapter. The Enforcement Official may adopt supplemental
regulations or policies to implement and interpret this Chapter. These
regulations or policies must conform with the purpose of this Chapter.
(d)
Development
Agreement Exemption. In the event that the City enters a development
related agreement with the owner or developer of a property incorporating
the partial or total demolition, repair, reconstruction, or preservation
of a vacant building or structure the vacant building or structure
in question is exempt from application of this Chapter, provided that
the property is maintained in strict accord with the terms and conditions
of the development related agreement. In the event that the City Manager,
or his or her designee, determines in the City Manager's sole discretion
the owner or developer of a property is in default with respect to
any term or condition of a development related agreement through which
any building or structure is exempt from application of this Chapter,
the City may issue written notice to that owner that if the default
in question is not cured in its entirety within 30 days of the issuance,
that the exemption provided by this Section shall be revoked, and
that this Chapter shall immediately become fully applicable to the
building or structure in question.
(Ord. 2032 § 2, 2020)
(a)
Except
as otherwise provided, any notice required to be served under this
Chapter must be completed by either:
(1)
Personal service; or
(2)
Service by United States mail addressed to the person to be notified
at the address as listed in the last equalized assessment roll. Service
by mail is complete at the time of deposit in the mail. Failure of
any person to receive a properly-addressed notice by mail shall not
invalidate any action, decision, determination, or proceeding under
this Chapter.
(Ord. 2032 § 2, 2020)
(a)
Registration
Required. An owner of a vacant building must register their property
with the Enforcement Official within 10 days of the building becoming
vacant or being deemed vacant. If any building shows evidence of vacancy,
it is hereby deemed vacant.
(b)
Application
Required. Any person seeking to register a vacant building must submit
a complete, written application to the City using a form adopted by
the City for that purpose. Submission of an application for registration
does not authorize the maintenance of a vacant building until such
registration has been accepted by the City.
(c)
Application
Contents. The application for registration pursuant to this Section
must contain or be accompanied by the following:
(1)
The name and address of each owner and the local property management
company, if any, responsible for the security, maintenance, and marketing
of the property in question.
(2)
A maintenance plan describing and documenting how the maintenance
requirements of this Chapter will be complied with.
(3)
Documentation and information showing compliance with the local property
management company requirements of this Chapter.
(d)
Annual
Registration. The registration pursuant to this Section must be renewed
annually.
(e)
Fee.
The City Council may establish by resolution, and from time to time
may amend, an annual registration fee. An application for registration
or reregistration must be accompanied by the submission of the required
fee. Registration fees are nonrefundable and may not be prorated.
(f)
Notice
City of Changes to Registration. Any person, partnership, association,
corporation, fiduciary, or other legal entity that has registered
a property under this Chapter must notify the Enforcement Official
in writing of any change of information contained in the registration
within 10 days of the change.
(Ord. 2032 § 2, 2020)
(a)
Maintenance
Required. It is unlawful for any owner to maintain any improved property
in violation of the provisions of this Chapter. All vacant buildings,
residential and commercial, must be maintained in compliance with
the Palm Springs Municipal Code.
(b)
Additional
Requirements for Commercial Properties. Any vacant commercial building
must be maintained in accordance with the following requirements:
(1)
All doors, windows, and other openings are secure or boarded in accordance
with this Chapter.
(2)
Any temporary site perimeter fencing is placed in connection with
a building permit.
(3)
The property must be continuously monitored, as follows:
(i)
Buildings with fire sprinkler systems must be maintained in working
order.
(ii)
Buildings with a centralized and registered fire and burglar
alarm system must be maintained in working order, and monthly reports
showing continued and active service shall be submitted to the Enforcement
Official.
(iii)
Buildings without fire sprinkler systems or fire alarm or burglar
alarm systems shall be provided with continuous physical monitoring
by means of an onsite patrol. "Continuous physical monitoring" shall
mean the use of a licensed security agency operating in the City of
Palm Springs and providing regular surveillance of the vacant building
as part of the agency's security route.
(4)
A monthly report from the property owner or the property owner's
representative or property management company that identifies each
date inspections were performed for the reporting period and a statement
affirming that the building interior, exterior, and the entire site
was inspected, the landscaping is maintained in good condition, and
that all buildings are secure.
(c)
Additional
Requirements for Commercial Buildings in Downtown/Uptown and Historic
Sites. In addition to the requirements of the prior Section, any commercial
building located in Downtown/Uptown or that is a Historic Building
or Site must participate in the Property Improvement Program.
(d)
Requirements
For Buildings Vacant More Than 90 Days. No person may allow a building
designed for human use or occupancy to stand vacant for more than
90 days, unless the person establishes by substantial evidence to
the reasonable satisfaction of the Enforcement Official that at least
one of the following applies:
(1)
Active Construction. The building is the subject of Active Construction
for repair or rehabilitation in order to make the building habitable,
and the owner is progressing diligently to complete such repair or
rehabilitation within one year of the issuance of the building permit
related to such repair or rehabilitation.
(2)
Active Marketing. The building or property contains no Palm Springs
Municipal Code violations, is ready for occupancy, and is actively
being offered for sale, lease, or rent.
(3)
Active Maintenance. The person is actively maintaining and monitoring
the building, which includes:
(i)
Maintenance of landscaping and plant materials in good condition.
(ii)
Maintenance of the exterior of the building including, but not
limited to, paint, finishes, windows, doors, and signage in good condition
and in compliance with this Chapter.
(iii)
Any sign which advertises a use or business not being made on
the premises, the name of the owner or user, or which identifies a
product, an interest, service, or entertainment not available on the
premises is prohibited.
(iv)
Regular removal of all exterior trash, debris, and graffiti.
(v)
Prevention of criminal activity on the premises including, but not
limited to, use and sale of controlled substances, prostitution, and
criminal street gang activity.
(vi)
Any windows screened: (1) in a manner approved under Zoning
Code Section 94.04.00 (Architectural Approval), including review by
the Architectural Advisory Committee; or (2) election upon registration
of a vacant building to participate in the Property Improvement Program.
(vii)
Securing the property in a manner so as not to be accessible
to unauthorized persons. Secure manner includes, but is not limited
to, closing and locking of windows, doors (walk-through, sliding and
garage), gates, and any other opening that may allow access to the
interior of the property or structure(s), or the erection of temporary
construction fencing approved by the Enforcement Official for not
more than 180 days. In the case of broken windows, securing includes
the replacement of the broken window.
(viii)
Maintaining sufficient utility services to provide power for
any alarm or security system and to properly irrigate all landscaping
on the property.
(ix)
Compliance with any alternative or additional methods of securing
a building in the Downtown/Uptown or on an Historic Site as may be
imposed by the Enforcement Official. Such methods may include, but
will not be limited to, security patrols, alarms, or other security
requirements.
(x)
The building or the lot on which the building is located, and the
landscaping on such lot, does not contribute to and is not likely
to contribute to blight because the owner is actively maintaining
and monitoring the building and the lot so that it does not contribute
to blight.
(e)
Insurance.
The Owner shall maintain fire and liability insurance coverage as
determined necessary by the City's Risk Manager. Any insurance policy
shall require advanced, written notice to the Risk Manager in the
event of cancellation of insurance or a reduction in coverage.
(Ord. 2032 § 2, 2020)
(a)
Any
owner located more than 40 miles by road from a property containing
a vacant building that must be registered, must retain a local property
management company with a business license in the City, and must be
contracted to perform weekly inspections to ensure compliance with
the Palm Springs Municipal Code.
(b)
The
property must be posted with the name and contact phone number of
the local property management company. The posting must be no less
than 18″ X 24″, must be of a font that is legible from
a distance of 45 feet, and must contain the following: "THIS PROPERTY
MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY)," and "TO REPORT PROBLEMS
OR CONCERNS CALL (PHONE NUMBER)."
(c)
The
posting must be placed on the interior of a window facing the street
to the front of the property so it is visible from the street, or
secured to the exterior of the building facing the street of the front
of the property so it is visible from the street. If no such area
exists, the posting must be on a stake of sufficient size to support
the posting, in a location that is visible from the street to the
front of the property, and to the extent possible, not readily accessible
to poten-tial vandalism. Exterior posting must be constructed of,
and printed with weather resistant materials.
(d)
The
local property management company must inspect the property on a weekly
basis to determine if the property is in compliance with the requirements
of this Chapter and must perform all monitoring duties prescribed
in this Chapter. If the property management company determines the
property is not in compliance with this Chapter or any provision of
the Palm Springs Municipal Code, it is the company's duty to notify
the owner and bring the property into compliance.
(Ord. 2032 § 2, 2020)
(a)
Monitoring
Program Established. A program monitoring commercial properties is
hereby established. The Enforcement Official is responsible for administering
the monitoring program to enforce this Chapter.
(b)
Monitoring
Program Duties. The Enforcement Official has the duty and responsibility
to do the following pursuant to the monitoring program:
(1)
Inspect properties in the City to identify commercial buildings that
are vacant.
(2)
Order vacant commercial buildings to comply with this Chapter and
any other applicable codes.
(3)
Order vacant commercial buildings that are open and accessible to
be secured against unlawful entry in accordance with this Chapter.
(4)
Order the property on which the vacant commercial building is located
to be properly maintained or cleared of trash and debris.
(5)
Initiate proceedings against the owner of any vacant commercial building
found to be in violation of this Chapter or any other applicable code.
(6)
Maintain surveillance over vacant commercial buildings so that timely
code enforcement proceedings are commenced in the event the property
becomes substandard or a nuisance.
(7)
Establish and enforce rules and regulations for the implementation
and compliance with the Property Improvement Program.
(8)
Identify blighted property and to initiate proceedings against the
owner of record of any blighted property for failure to remedy such
blight.
(c)
Fee
Imposed. There is imposed upon every owner of a vacant commercial
building monitored pursuant to this Chapter an annual vacant commercial
building monitoring fee in an amount the City Council may establish
by resolution, provided that the fee shall not exceed the estimated
reasonable cost of monitoring the vacant commercial building.
(d)
Fee Procedure. If unpaid in connection with a vacant building registration, a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the Enforcement Official relating to a vacant registration fee bill may appeal the decision to the Administrative Appeals Board in the manner provided in Chapter 2.50 of this Code. If the fee is not paid within 60 days following billing, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property 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 real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
(Ord. 2032 § 2, 2020)
(a)
Boarding
Permit Required. No person may erect, install, place, or maintain
boards over the doors, windows, or other openings of any building
or structure or otherwise secure such openings without a valid a boarding
permit from the City.
(b)
Boarding
Permit Process. The Enforcement Official must issue a boarding permit
required by this Section upon submission of a written application
by the owner of the property upon payment of the required fee and
upon confirmation by the Enforcement Official that the boarding or
other method of securing has been done in compliance with this Section.
(c)
Boarding
Permit Period of Validity. The boarding permit is valid for 90 days.
(d)
Boarding
Permit Extension. A boarding permit may be extended once, for a period
of an additional 90 days, provided that the following conditions exist:
(i) the boarding is in compliance with this Section, (ii) the owner
has submitted the request for extension within 10 days after the expiration
of the initial boarding permit period, (iii) the owner has complied
with all prior orders and notice from the City regarding the property,
(iv) the owner simultaneously submits a detailed plan and timeline
for correction, repair, and rehabilitation of the property, or a plan
for the sale of the property with a provision in the sale requiring
the correction, repair, or rehabilitation of the property.
(e)
Boarding
Permit Renewal for Good Cause. A boarding permit may not be issued
for a building that was previously boarded until one year after the
date of expiration of the previous boarding permit or extended boarding
permit, except the Enforcement Official may renew a new boarding permit
for a period of three months upon a showing of good cause, as determined
in the Enforcement Official's sole discretion. "Good cause" means
a showing by the owner that the permit reissuance is necessary due
to conditions or events beyond the owner's control, such as inability
to obtain financing, financial hardship, inability to locate a suitable
buyer despite diligent efforts, or unanticipated delays in construction.
"Good cause" also means a showing that the owner exercised reasonable
and due diligence in attempting to complete the needed work or in
attempting to sell, rent, or lease the property. Renewal shall require
submission of a written application demonstrating good cause, payment
of the boarding permit fee, and upon confirmation by the Enforcement
Official that the method of boarding or securing of the building has
been done in compliance with this Section.
(f)
Limitation
on Boarding Permit for Downtown/Uptown and Historic Sites. A boarding
permit may be issued for a building in Downtown/Uptown or for a Historic
Site only if the building has been damaged by fire, natural disaster,
or other emergency situation. Any such boarding permit is valid only
for the period of time the Enforcement Official reasonably determines
to be necessary to affect such repairs or rehabilitation.
(g)
Boarding
Permit Fees. The fees for the initial boarding permit, and the extension
and the renewal permit, shall be as established from time to time
by resolution of the City Council.
(h)
Boarding
Standards. The boarding or securing of the doors, windows, or other
openings of any building must comply with the following standards.
(1)
Securing by Boarding. The boarding of doors, windows, and other openings
must comply with the following requirements.
(i)
Windows and similar openings must be boarded with exterior-grade
plywood of a minimum thickness of 3/4 inch or equivalent. Plywood
must be secured by 2″x4″ or 4″x4″ crossmembers,
secured to the plywood by 3/8 inch plated carriage bolts with washers
on each end. Bolts and nuts used to secure the crossmember must be
threaded to the correct length and tightened securely. A minimum of
two crossmembers must be used on each window. Each crossmember must
be a continuous piece of lumber, and each must extend at least one
foot past the window opening in each direction. Additional measures
may be required as deemed necessary in the sole discretion of the
Enforcement Official.
(ii)
Exterior doors must be boarded with exterior-grade plywood of
a minimum thickness of 3/4 inch or equivalent fitted to the entry
door jamb with maximum 1/8 inch clearance each edge. The existing
door must be removed and stored inside the building. Plywood must
be secured by 2″x4″ or 4″x4″ crossmembers,
secured to the plywood by 3/8 inch plated carriage bolts and matching
hardware. A minimum of one door must be operable. Plywood for operable
door openings must be attached to the door entry with three case hardened
strap hinges of the type specified by the Enforcement Official. Plywood
must be secured by a case hardened steel hasp and minimum two-inch
hardened padlock, also of the type specified by the Enforcement Official.
Additional measures may be required as deemed necessary in the sole
discretion of the Enforcement Official.
(iii)
All boarded openings must be painted with exterior paint that
is of a color compatible with the exteri-or color of the building
and is approved by the Enforcement Official.
(2)
Alternative Methods of Securing a Building. Upon application for
a boarding permit, the Enforcement Official may approve alternative
methods of securing a vacant building. In making the determination
to approve any alternative method, the Enforcement Official must consider
the effectiveness of the alternative method to provide adequate and
long-term security against the unauthorized entry and the aesthetic
and other impacts of such method on the immediate neighborhood.
(3)
Additional Requirements. In connection with the boarding or securing
of the doors, windows, or other openings of any building, the owner
must also comply with the following requirements.
(i)
All utility services to the building must be terminated by removal
of the meters and termination of electric power by Southern California
Edison or any successor utility. Compliance with this Subsection may
be waived in writing by the Enforcement Official as to electric power
in the event that electricity is necessary to power exterior security
lighting, an alarm system, or equipment to be used in connection with
the rehabilitation of the building for which there is a valid building
permit.
(ii)
The sewer must be capped in a manner approved by the Enforcement
Official so as to prevent the accumulation of methane gas in the building
or structure.
(iii)
The interior of the building must be cleared of all trash, junk,
garbage, debris, solid waste, and personal possessions, in order to
eliminate any fire or health hazard and prevent hindrance to firefighting
equipment and personnel in the event of a fire.
(iv)
The owner of any boarded building must register the building
as vacant with the City in accordance with this Chapter.
(Ord. 2032 § 2, 2020)
(a)
Violation
Unlawful. It is unlawful and declared a public nuisance for any person
to violate any provision of this Chapter.
(b)
Criminal Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Chapter as an infraction, in his or her discretion, as set forth in Section 1.01.140 of this Code.
(c)
Administrative Penalties. Any person who violates any provision of this Chapter may be issued an administrative penalty in accordance with this Section and Chapter 1.06 of this Code.
(2)
Fine for Non-Residential Properties. For any non-residential properties subject to this Chapter, the initial penalty shall be $2,500.00. If the violation continues after the compliance date in the first administrative citation or any extension period granted by the City, a second administrative penalty in the amount of $5,000.00 may be issued. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the City, a third administrative penalty in the amount of $25,000.00 may be issued. For any residential properties subject to this Chapter, the penalties shall be in the amounts set forth in Section 1.06.040 of this Code.
(d)
Civil
or Equitable Enforcement. Nothing in this Chapter prevents the City
Attorney from bringing a civil or equitable action, at his or her
discretion, to seek the abatement of any violation of this Code.
(e)
Ongoing
Violations. Each and every day a violation is maintained, caused,
aided, abetted, concealed, suffered, or permitted is a separate offense.
(f)
Remedies
Cumulative. The remedies, procedures, and penalties provided by this
Chapter are cumulative to each other and to any other available under
City, State, or federal law.
(g)
Joint
and Several Liability. The duties and liabilities specified in this
Chapter are joint and several among and between all owners.
(Ord. 2032 § 2, 2020)
