City of Palm Springs, CA PUBLIC NUISANCES

The economic welfare, residential attractiveness, and community character of Palm Springs are attributable to its unique aesthetic features and setting. The proper maintenance of properties is necessary to protect the welfare, attractiveness, and character of the community. A standard of maintenance guards against unsafe and unhealthful conditions which can cause neighborhood deterioration.

To ensure a proper standard of maintenance, all properties in the City, including all areas between the extensions of side property lines to the centerline of adjacent streets, shall be subject to the following provisions:

All properties, including vacant properties, shall be kept free of trash, building materials, or the storage of other goods which are visible from the street or adjacent properties. Properties shall also be kept free of excessive vegetative undergrowth.

Buildings, including accessory structures, trellises, awnings and other similar features, shall be maintained in a condition free of defects or signs of neglect, including without limitation: loose roofing and siding materials, unconcealed roof equipment, peeling paint or faded stain, broken or cracked windows, any unsafe structural element or other items which would degrade the appearance and/or safety of the structure.

Site improvements shall be maintained in a condition to guarantee safety and quality appearance and shall include but not be limited to: parking and walking areas free of weeds and excessive sand and dirt, visible parking lot striping, paving material (including walkways) which provide a smooth, unbroken surface, unbroken curbs and gutters, litter-free trash and loading areas, walls and fences in a sturdy condition and free of graffiti or the like, fountains or other water uses which are free of potential health dangers, lighting, signs, bicycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair.

(4)

Landscaping improvements shall be maintained in a healthy condition and complementary to neighboring buildings and properties. Such maintenance shall include, but not be limited to: lawns which are watered and trimmed to a uniform height, flowers and ground covers which are healthy and uniform in their appearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehicular areas. Landscaping incorporating bare earth or gravel shall be kept free of weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape unless otherwise denoted on the approved plan.

(5)

Irrigation systems shall provide adequate irrigation to all plant materials to allow normal growth, retain water within planted areas, and be maintained in an operative condition.

(c)

Property on which overgrown, dead, diseased, or decayed trees, weeds or other vegetation that are likely to harbor rats, pigeons, vermin, and other nuisances, or constitute a fire hazard or other condition that is dangerous to, or otherwise poses a risk of harm to the public health, safety, or welfare, or constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to the use and enjoyment of nearby properties or reduces nearby property values is a public nuisance.

(d)

The substantial lack of maintenance of grounds within the city where such grounds are viewable by the public from a public right-of-way or viewable form the sites of neighboring properties, is a public nuisance. The substantial lack of maintenance shall mean failure to comply with the requirements of Subsections (a) and (b) of this Section or to allow trees, shrubs, plants, vegetation, or debris to exist on the grounds in a state that is unsightly, or interferes with the reasonable enjoyment of property by neighbors, or detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with prevention or suppression of a fire, or interfere with prevention or suppression of a fire, or detrimentally affects aesthetic values of surrounding properties.

(Prior code § 5601.16; Ord. 1173 § 5, 1983; Ord. 1949 § 3, 2018)

§ 11.72.172 Graffiti—Defined.

"Graffiti"

is defined for the purpose of this chapter as any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, or on any wall, structure, or other facility regardless of the nature of the material of that structural component, wall, structure or other facility.

(Ord. 1380 § 1, 1991; Ord. 1404 § 1, 1991)

§ 11.72.174 Graffiti—Nuisance.

Graffiti, as defined in Section 11.72.172, which is viewable from a public right-of-way or viewable from the sites of neighboring properties, is a public nuisance.

(Ord. 1380 § 1, 1991; Ord. 1404 § 1, 1991)

§ 11.72.180 Authority to enter and inspect property.

Whenever possible to make an inspection to enforce any of the provisions of this chapter, or whenever the enforcement officer has reasonable cause to believe that there exists in any building or on any property any public nuisances, the enforcement officer may enter such building or property at all reasonable times to inspect the same and ascertain whether the provisions of this code or applicable state codes are being obeyed and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If such building or property is occupied, the enforcement officer shall first present proper credentials or identification and request entry. If the building or property is unoccupied, the enforcement officer shall make a reasonable effort to locate the owner or other persons having charge or control of the building or property and request entry. If entry is refused, the enforcement officer shall have recourse to every remedy provided to secure entry, including, but not limited to, securing an administrative inspection warrant pursuant to the procedures provided in state law, including California Civil Procedure Section 1822.50 et seq., as it may be amended from time to time.

When the enforcement officer shall have first obtained a proper administrative inspection warrant or other remedy provided by law to secure entry, no owner or occupant of the building or property shall fail or neglect, after proper request is made as provided in this section, to promptly permit entry therein by the enforcement officer for the purpose of inspection and examination pursuant to this chapter.

(Prior code § 5611; Ord. 1173 § 6, 1983; Ord. 1669 § 8, 2005)

§ 11.72.185 Assessment of administrative abatement or enforcement costs.

This chapter is intended to provide the city with a mechanism by which it can abate existing municipal code violations or public nuisances and collect any administrative fees and costs incurred in the process.

Pursuant to the procedures set forth herein, the expense of such enforcement or abatement activities shall be charged to the persons creating, causing, committing or maintaining the violation of the city's municipal code or the public nuisance at issue and, in addition to any other-method authorized by law, shall be recovered from those persons as any account receivable or by way of a nuisance abatement lien or special assessment against the property at issue.

(Ord. 1443 § 2, 1993)

§ 11.72.190 Nuisance abatement—Defined.

As used within this chapter, "nuisance abatement" shall refer to any and all efforts by city officials to ensure compliance with the city's municipal code by eliminating or remediating those conditions identified specifically as public nuisances within this chapter. Such efforts shall include, but are not limited to, securing compliance by the responsible party through inspections and directions to remediate or through judicial process or enforcing compliance by having city employees or contractors perform the work necessary to obtain code compliance. The director is authorized to commence nuisance abatement proceedings against any person responsible for creating or maintaining a public nuisance.

(Ord. 1443 § 2, 1993)

§ 11.72.197 Abatement of dangerous or substandard buildings and structures.

Where any condition which would otherwise constitute a violation subject to abatement pursuant to the procedures authorized by this Chapter also constitutes a dangerous or substandard building pursuant to International Property Maintenance Code, or an "unsafe building" or "unsafe structure" under Section 8.04.310 Part 2 of this Code, the Building Official may in his/her discretion abate such dangerous or substandard building or structure pursuant to this Code. Such abatement shall be cumulative to any action or enforcement activity deemed necessary and appropriate by the City pursuant to Chapter 8.80 of this Code, and recovery of administrative costs or fees related to said abatement may nonetheless be collected pursuant to the procedures authorized herein. In this regard, in addition to those items required to be included in any notice commencing proceedings pursuant to any uniform code adopted by the City, such notice shall include a statement substantially similar to that contained in Section 11.72.200(6). Nothing in this Section 11.72.197 shall be interpreted to limit the authority or discretion of the City Manager pursuant to Section 11.72.245 of this Code.

(Ord. 1443 § 2, 1993; Ord. 1949 § 5, 2018)

§ 11.72.200 Commencement of proceedings—Notice of violation.

In addition to any other method authorized by law, the director may commence nuisance abatement proceedings by issuing a notice of violation to the responsible party. This notice shall be headed: "NOTICE OF VIOLATION" in letters not less than one inch in height and shall, in legible characters, contain the following:

The street address and a legal description sufficient for identification of the property at issue;

A statement specifying the condition(s) constituting the violation with citation to the specific provision which has been violated and a statement that the property so maintained constitutes a public nuisance;

A directive that the condition or violation be abated and a statement of the specific action required to do so;

(4)

A statement specifying the applicable procedure for appeal of any determination made pursuant to the notice as appropriate pursuant to Section 11.72.220;

(5)

A statement indicating that if the condition is not voluntarily corrected the violation may be abated by the city through judicial process or by entry upon the property by city employees or contractors for purposes of effecting those actions necessary to correct the violation;

(6)

A statement specifying that, should the violation not be remedied within a time period specified in the notice, but not less than ten days from the date of giving notice of the violation, the party responsible for the violation will be charged a fee equal to the city's actual cost and expense of abatement which shall include all fees and costs incurred by the city in obtaining voluntary or involuntary compliance, including but not limited to subsequent inspection costs, staff time, overhead, and legal expenses including attorneys' fees. The notice of violation shall include a current schedule displaying fees for enforcement activities.

(Ord. 1443 § 2, 1993)

§ 11.72.210 Service of notice of violation.

The notice required by this chapter shall be served upon the responsible party. Service shall be made by one of the following methods: (1) personal service; (2) mailing a copy by certified mail, return receipt requested to the party's address as it appears on the last equalized assessment roll or supplemental roll, whichever is more current or as known by the director; (3) any other method authorized for service of summons in a civil action in accordance with Article 3, commencing with Section 415.10, or Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Where the responsible party cannot after diligent search be found, the notice may be served by posting a copy in a conspicuous place upon the property for a period of ten days. Where the city intends to assert any rights pursuant to this chapter against the holder of any mortgage, deed of trust, lien, encumbrance of record or any other party with an interest in the property at issue other than the responsible party, service of any applicable notice shall also be served pursuant to this section upon such interested parties.

(Ord. 1443 § 2, 1993)

§ 11.72.215 Proof of service.

A proof of service of the notice shall be certified to at the time of service by written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with the receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the director.

(Ord. 1443 § 2, 1993)

§ 11.72.220 Appeal and hearing.

The city manager shall designate a hearing officer or hearing officers to conduct appeals under this chapter. Each hearing officer shall be an individual or appointed person or board, subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the city relating to conflicts of interest. All costs associated with the hearing officer shall be paid from the appeal hearing fees and fines collected pursuant to this chapter. The responsible party may request the city manager to excuse a hearing officer upon a showing of actual prejudice against the party's cause. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs.

The hearing officer shall follow the notice requirements and hearing procedures substantially similar to those required of the administrative appeals board pursuant to Chapter 2.50 of this code.

(c)

The hearing officer may modify any decision or action of an enforcement officer depending upon the circumstances of each case and the evidence presented and the hearing officer provides specific grounds for such modification in the written decision. The hearing officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the guidelines or fine amounts or limits established by the city council by resolution. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

(d)

The failure of the responsible party or duly authorized representative to appear at the hearing shall constitute a forfeiture of any fine paid and appeal fees and a failure to exhaust the responsible party/appellant's administrative remedies.

(e)

The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The decision of the hearing officer is final and shall not be subject to appeal to the city council. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within ten calendar days after the hearing.

(Ord. 1443 § 2, 1993; Ord. 1537 § 2, 1996; Ord. 1669 § 9, 2005; Ord. 1679 §§ 11, 12, 2005)

§ 11.72.225 Judicial review.

Any decision and administrative order or supplemental decision and administrative order of a hearing officer, except as otherwise provided in Section 1.06.060, shall be subject to judicial review in the Riverside County courts by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set forth in Section 1094.6 of the Code of Civil Procedure.

(Ord. 1669 § 10, 2005)

§ 11.72.230 Responsible party to abate.

If after an appeal and/or hearing pursuant to Section 11.72.220 the administrative appeals board or board of appeals concludes that a violation exists, unless otherwise specified by the administrative appeals board or board of appeals, said violation shall be abated by the responsible party forthwith or within the period of time specified by the administrative appeals board or board of appeals.

(Ord. 1443 § 2, 1993; Ord. 1537 § 2, 1996)

§ 11.72.235 Assessment of enforcement costs.

Once the time period specified in the notice of violation expires, if the violation has not been completely corrected, the responsible party shall be charged a fee reflecting the actual costs and expenses incurred by the city in obtaining compliance with its municipal code by abating any remaining code violation or public nuisance unless an appeal is successfully prosecuted pursuant to Section 11.72.220. The fee shall be established by city council resolution and shall reflect all actual costs and expenses incurred by the city incident to such enforcement activities, including but not limited to inspection costs, staff time, overhead and legal expenses, including attorney's fees. These costs shall be recoverable to the city, notwithstanding any subsequent correction of the violation by the responsible party.

(Ord. 1443 § 2, 1993)

§ 11.72.240 City to abate.

If the responsible party fails or neglects to remove or otherwise take action to abate the code violation or nuisance, within the time specified in the notice of violation or within the time required by Section 11.72.230 subsequent to an appeal, the director may cause the nuisance to be abated. In addition to any other method authorized by law, such abatement may be performed through inspections and directives to remediate the violation or legal proceedings designed to secure enforcement of the city's municipal code or the city may commence the abatement work itself. The abatement work may be done by city crews or by private contractor. Where appropriate, no such abatement action shall occur without securing a warrant.

(Ord. 1443 § 2, 1993)

§ 11.72.245 Summary abatement.

Any public nuisance which is reasonably believed to be imminently dangerous to the life, limb, health, or safety of the occupants of the property, neighbors of the property, or to the public may be summarily abated by the City Manager, or designee, without complying with the provisions of Sections 11.72.190 through 11.72.230 inclusive.

Actions taken to abate imminently dangerous conditions may include, but are not limited to repair or removal of the condition creating the danger, demolition, and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the City Manager, or designee, to be necessary.

(c)

Whenever the City Manager, or designee, reasonably believes property to be blighted or otherwise imminently dangerous to life, limb, health, or safety, the City Manager, or designee, shall declare the same to be a public nuisance and give notice to the owners by posting a notice on the property stating therein that unless a written objection is filed with the city clerk or such dangerous condition be abated within 24 hours, or such longer period for notice and opportunity to be heard as the City Manager, or designee, determines is reasonably possible under the circumstances, by the destruction or removal of such blighted condition, the work of abating such imminently dangerous condition shall be done by the city and the expense thereof assessed upon the lots and lands from which the blighted condition shall have been destroyed or removed. If the dangerous condition persists and there is no written objection timely filed with the city clerk within 24 hours or such period of time provided on the notice, the City Manager, city employees, contracting agents or other representatives are expressly authorized to enter upon private property to abate the dangerous condition. Costs for any summary abatement performed by or on behalf of the City shall be accounted and reported to the City Council by the City Manager, assessed after public hearing, and collected pursuant to the provisions of this Chapter.

(d)

The posted notice shall be substantially in the following form:

NOTICE TO DESTROY OR REMOVE DANGEROUS CONDITION OF PROPERTY
NOTICE IS HEREBY GIVEN that __________ on the City Manager declared that property located at ____________ is a public nuisance, as provided in Chapter 11.72 of the Palm Springs Municipal Code, and is imminently dangerous to life, limb, health, or safety and must be immediately abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall immediately destroy or remove the dangerous condition caused by such condition of the property, or after ____________hours that condition may be abated by the city authorities, in which case the costs of such abatement will be assessed upon the lots and lands from which the dangerous condition shall have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All persons having any objection on the proposed destruction or removal of such dangerous condition, or upon the assessment of such costs, are hereby directed to file such written objection with the City Clerk in the City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263-2743 or via email to ____________palmspringsca.gov, by 5:00 p.m. on ____________, 20____________, or thereafter all such objections shall be deemed waived and the City Manager, city employees, contracting agents or other representatives are authorized to enter upon this property to abate the dangerous condition.
DATED: This ____________day of ____________20__.
_________________ City Manager

(Ord. 1443 § 2, 1993; Ord. 1949 § 4, 2018)

§ 11.72.250 Notice of assessment.

Once the public nuisance or code violation has been abated, the director shall serve the responsible party in a manner authorized by Section 11.72.210 with an invoice itemizing all costs and expenses incurred by the city and specifying the fee due to the city as a result of enforcement. The responsible party may appeal the amount of the fee being charged to the administrative appeals board in the manner provided in Chapter 2.50 of this code. The amount of any fee confirmed by the administrative appeals board shall be deemed immediately due and payable and delinquent if not paid within ten days of any final decision by the administrative appeals board with respect to the amount due. If no appeal is made concerning the amount charged to the responsible party, it shall be deemed immediately due and payable once the time to appeal expires and delinquent if not paid within ten days thereafter. All such charges may be collected and treated by the city in the same fashion as delinquent accounts receivable.

(Ord. 1443 § 2, 1993; Ord. 1537 § 3, 1996)

§ 11.72.260 Collection by lien or special assessment.

In addition to any other method authorized by law for collection of outstanding charges pursuant to Section 11.72.235, the city may record a nuisance abatement lien pursuant to the provisions of Section 11.72.265. Alternatively, the city may make the cost of abatement a special assessment against the offending parcel or property pursuant to the provisions of Section 11.72.270. In either case, the director shall institute such proceedings by filing a report detailing all administrative abatement activities and an account related to all outstanding charges with the city clerk and shall request a hearing before the city council for purposes of authorizing an abatement lien or special assessment. The director may file such report whenever any outstanding abatement costs remain unpaid, even where the violation has been corrected by the responsible party. The city council shall consider the report and account at the time set for 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 amount so approved shall be an assessment upon the offending parcel or property pursuant to Section 11.72.265 or 11.72.270, respectively.

(Ord. 1443 § 2, 1993)

§ 11.72.265 Nuisance abatement lien.

The city may collect its abatement cost by a nuisance abatement lien pursuant to the procedures authorized by Government Code Section 38773.1 as follows:

Once a hearing has been set before the city council pursuant to a request made under Section 11.72.260, the responsible party shall be served with a notice that the city intends to authorize the recordation of a nuisance abatement lien pursuant to this section. The notice shall apprise the responsible party of the date, time and place of the hearing where the abatement lien will be considered. The notice shall also specify the amount of the lien and shall describe the parcel to which the lien will attach. The notice shall be served in the manner provided in Section 11.72.210 and shall be completed at least fifteen days prior to the city council hearing.

The city council may adopt a resolution assessing the outstanding abatement costs as a lien(s) against those parcel(s) as shown on the latest available assessment roll where abatement activities occurred. The resolution shall explicitly authorize the recordation of a nuisance abatement lien.

The nuisance abatement lien shall be recorded in the county recorder's office in the county in which the subject parcel is located and from the date of filing shall have the force, effect and priority of a judgment lien.

(A)

The nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the record owner of the parcel.

(B)

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 (3)(A) 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.

(C)

A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

(D)

The city may recover from the responsible party any costs incurred regarding the processing and recording of the lien and in providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Ord. 1443 § 2, 1993)

§ 11.72.270 Special assessment.

As an alternative to the procedures authorized by Section 11.72.265, the city may make any outstanding nuisance abatement costs a special assessment against the offending property pursuant to the procedures authorized by Government Code Section 38773.5 as follows:

Once a hearing has been set before the city council pursuant to a request made under Section 11.72.260, the responsible party shall be served with notice that the city intends to make the outstanding abatement costs a special assessment against the subject property. The notice shall apprise the owner of the date, time and place of the hearing where the special assessment will be considered. The notice shall also detail the probable amount of the assessment and shall describe the parcel to which the assessment will attach. This notice shall be served in the manner provided in Section 11.72.210 and shall be completed at least fifteen days prior to the city council hearing.

The city council may adopt a resolution making the outstanding abatement costs a special assessment against the parcel(s), as shown on the latest available assessment roll, where the abatement activities occurred. The resolution shall explicitly authorize the special assessment and shall be filed with the county auditor.