The purpose and intent of this chapter is to set forth general regulations relating to the maintenance of real property and lakes, ponds and other bodies of water, as defined in this chapter.
(Ord. 925 § 3, 2006)
The provisions of this chapter apply to any person owning, leasing, occupying or having charge or possession of any premises or property, in the city, unless otherwise expressly stated in this chapter.
(Ord. 925 § 3, 2006)
Refuse and waste, as defined in this chapter, shall be screened from public view by: solid fencing, gates and/or landscaping which provide a solid barrier and is architecturally compatible with the adjacent structure and/or existing surrounding conditions. For purposes of this definition, screening shall not consist of reflective surfaces, bamboo-type curtains, chain link (with or without slats), or similar transparent or semitransparent materials.
(Ord. 20 § 3, 1973; Ord. 363 § 8, 1986; Ord. 629 § 1(Exh. A), 1995; Ord. 925 § 3, 2006)
Refuse and waste material, as defined in Section 14.20.010 is further defined, for the purpose of this chapter, to include unused or discarded matter and material having no substantial market value, and which consists of, but is not limited to, such matter and material as rubbish, refuse, debris and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture and parks thereof, inoperative vehicles, vehicle bodies and/or parts thereof, trimmings from plants or trees, cans, bottles and barrels. Anything that is not currently being used for the construction or repair of an improvement and has been placed upon real property and not been moved a distance of one hundred fifty feet or greater for a period of thirty days or longer, is presumed to be refuse and waste.
(Ord. 20 § 4, 1973; Ord. 363 § 9, 1986; Ord. 925 § 3, 2006)
A. 
Definitions.
Graffiti defined. "Graffiti" means any writing, printing, symbol, figure, design or other inscribed material written sprayed, painted, scratched, etched, engraved or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession thereof and/or in the opinion of the authorized city representative is harmful to the health, safety or welfare of the community.
B. 
Graffiti Constitutes a Nuisance. Pursuant to California Government Code Section 38771, the city council declares the existence of graffiti, visible to the public or any property owner from any vantage point, to be obnoxious, and constitutes a nuisance the abatement of which shall be provided as set forth herein.
C. 
Permitting Graffiti to Remain—Prohibited.
1. 
After being notified, no person shall permit any graffiti, which is in public view, to remain on any building, structure, tree, shrub, sidewalk or curb owned or under the control of such person.
2. 
Any person applying graffiti within the city shall have the duty to remove same within three days after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter.
3. 
Where graffiti is applied by juveniles, the parent or parents shall be notified and thereafter be responsible for such removal and for the payment of removal. Failure of the parent, so notified, to remove graffiti, within three days of such notice, shall be considered a separate violation of this section.
D. 
Regulation of Applicators.
1. 
Sale of Applicators—Prohibited. In addition to the prohibited sales of spray containers, provided by California Penal Code Section 594.1, it is unlawful to sell or provide to any person under the age of eighteen years of age any device capable of applying paint, ink, chalk, dye or any similar substance upon any hard surface, including a marker with a marking top which is one-quarter inch or more at its diameter.
2. 
Possession by Minors—Prohibited. It is unlawful for any individual under the age of eighteen years, who is in any public place, including private property, and who is not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint, dye, ink, or similar substance, or to possess a marker with a marking top of one-quarter inch or more in diameter, or any applicator referred to in subsection (B)(1) of this section, without the consent of the owner, lessee, or other person entitled to legal possession of such place.
E. 
Abatement of Graffiti.
1. 
Authorized Representative Defined. The city manager, the director of community development, the director of public works or their authorized representatives, shall make inspections and take such actions as may be required by this chapter to provide for the abatement of graffiti.
2. 
Notice to Abate Graffiti. Upon determination by the authorized city official that graffiti exists, a notice shall be issued to the property owner. The notice shall be substantially in the following form:
NOTICE TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required by law to remove or paint over the graffiti located on the property commonly known as _____ Rancho Mirage, California, which is visible to the public view, within three days after the date of this notice; or, if you fail to do so, city employees or private contractors employed by the city will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the city employees or its private contractors will be assessed upon your property and such costs will constitute an assessment upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the Public Works Director for the city of Rancho Mirage or the director's designated representative within three days from the date of this notice. At the conclusion of this three day period the city may proceed with the abatement of the graffiti described on your property, at your expense, without further notice. Failure of property owner to appeal or otherwise object to the determination that graffiti exists upon said property within three days of said notice, shall be deemed a grant of license to enter upon said parcel for the purpose of removing said graffiti.
The city will supply paint and other necessary supplies at no expense to you for your use in painting over or otherwise removing the graffiti. You should contact the City Public Works office to make these arrangements.
3. 
Service of Notice. The notice to abate graffiti may be served in one of the following methods:
a. 
Personal service;
b. 
Certified mail to the owner at the address as it appears on the last equalized property tax assessment rolls of the county and the owner referred to on the city data base known as "Permit Data Base" or its equivalent;
c. 
Posting of the property in a conspicuous location in addition to personal service or service by certified mail.
4. 
Appeal Procedure. Within three days from the date of the notice to abate graffiti, the property owner may appeal to the city manager the determination that graffiti exists on the property. This appeal must be in writing and presented to the city clerk for filing. Not more than ten days thereafter, the city manager shall proceed to hear and act upon the appeal. The decision of the city manager shall then become final. No administrative appeal to the city council is authorized.
F. 
Removal by City.
1. 
Upon failure of the property owner or the owner's representative to comply with the notice to remove graffiti by the designated date, or such continued date thereafter as the public works director or his/her designated representative approves, then the public works director is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. Failure of the property owner to appeal or otherwise object to the determination that graffiti exists upon such property within three days of the notice shall be deemed a grant of license to enter upon the parcel for the purpose of removing the graffiti. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
2. 
The public works director shall keep an account of costs, including incidental and administrative expenses, of abating such nuisance on each separate parcel of land when the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before the report is submitted to the council a copy shall be served in accordance with the provisions of this section upon the property owner, together with a notice of time when the report shall be heard by the council for confirmation.
a. 
The city council shall set the matter for hearing to determine the correctness and reasonableness of such costs.
b. 
The term "incidental expenses" means and shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing notices required under this section.
3. 
At the time and place fixed for receiving and considering the report, the city council shall hear and pass the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council of all protests and objections to the report which may be made shall be final and conclusive.
4. 
The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of assessment, as so made and confirmed, shall constitute an assessment on the property for the amount of such assessment.
a. 
After such confirmation and recordation, a copy shall be filed with the assessor and tax collector of the county, acting for the city, in order that the county officials may add the amounts of the respective assessment to the next regular tax bills levied against the respective lots and parcels of land.
b. 
Thereafter, such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
G. 
Penalties. Violation of this section shall constitute a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. These penalties are in addition to any payments required by the city to abate graffiti as described in subsection D of this section.
H. 
Abatement of Graffiti by Property Owner Using City-Issued Paint and Paint Rollers.
1. 
Applications for Paint and Paint Rollers. The director shall establish procedures for the issuance of paint and paint rollers to persons for the removal of graffiti from private property. These procedures shall require the person applying for such paint and rollers to sign a form stating:
a. 
That the applicant is the owner or in possession of the private property from which graffiti is to be removed;
b. 
The address or other location thereof;
c. 
That such person shall utilize such paint and rollers to remove graffiti from the property so identified within two days after the date of receipt of the paint and rollers; and
d. 
That the person receiving such paint and rollers will pay the cost thereof to the city unless the graffiti, for the removal of which such paint and rollers are issued, shall not have been removed within such two days.
2. 
Issuance of Paint and Rollers. Upon receipt and verification of a complete application for paint and rollers for removal of graffiti, the director shall issue an amount of paint that, in the discretion of the director, is necessary to cover the graffiti on the property. The paint shall be issued for the removal of the graffiti only and not for the painting or repair of a more extensive area. Such form shall be dated and signed by an employee of the department of public works when such paint and rollers are issued. Successive issues of paint may be made if graffiti should reappear following removal at any such location.
I. 
Limitation of Filing Judicial Action. Any owner, lessee, occupant or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city manager in ordering the abatement of any public nuisance under the provisions of this chapter, must bring an action to contest such decision within thirty days after the date of such decision of the city manager. Otherwise, all objections to such decision shall be deemed waived.
(Ord. 528 §§ 1—7, 1992)
All improvements within the city shall be maintained in that condition which will preserve the aesthetic value of the community, and promote the general welfare and pride of the community and city.
(Ord. 20 § 14, 1973; Ord. 363 § 12, 1986; Ord. 925 § 3, 2006)
A. 
Any owner of property shall maintain, in a first-class condition, as defined in this section, any landscaping and sidewalks installed pursuant to any landscaping street and grading plan approved by the city or county as part of a final development plan, subdivision map, single family permit, or any other land use or development entitlement, situated within the area between the property line and the curb that defines the boundary line of any dedicated public street.
B. 
As used in this section, "owner" includes:
1. 
Any person having a legal or equitable interest in the subject property;
2. 
A lessee under a lease for a term of one year or more;
3. 
A nonprofit corporation, an unincorporated association, or other organization of property owners including but not limited to a homeowners association which is responsible for the maintenance of the common area landscaping in any subdivision or common interest development;
4. 
The manager or record owner in a mobilehome park, an apartment building or other multifamily residential development; or
5. 
Any other person defined as an owner in the Municipal Code.
(Ord. 258 § 1, 1982; Ord. 629 § 1(Exh. A), 1995; Ord. 925 § 3, 2006)
A. 
Purpose and Intent. The purpose and intent of this section is to require the maintenance of manmade or natural lakes, fountains, and ponds or other bodies of water in a first-class condition in order to prevent water borne diseases, pest infestations or other harmful conditions which can endanger the health, safety and welfare of the community, and to add to the aesthetic quality and value of property located in the city's private gated communities and businesses which contain natural and artificial water features.
B. 
General Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
"Beneficial or ornamental plants"
means plant life or algae which encourage the growth or maintenance of other aquatic life or promote the ecological integrity or balance of the water system and which may serve a decorative purpose. Beneficial or ornamental plants include, but are not limited to, water lilies, Naiad, water cress, some forms of macroalgaes such as Chara and tollipella.
"Embankment"
means a deposit of soil, sand, gravel, rock or other material placed by artificial means or occurring in nature.
"Embankment erosion"
means the condition of a pond or other body of water where the shoreline has been washed away or exposed due to wind, waves, low water levels, animal activity, or the breakdown of plastic or similar barrier lining of the water feature.
"First-class condition"
means the condition of a pond, fountain or other body of water which has been maintained, as defined, so that the water has no objectionable odor, no animal carcasses, garbage or debris, no clearly visible masses of noxious aquatic plant growth or algae above or below the surface, no distinct discoloration of the water due to inappropriate levels of water clarity, nor any of the other prohibited conditions described in this section.
"Foreign substance"
means and includes, but shall not be limited to, detergent, deleterious chemicals of any kind, trash, or refuse of any kind whatsoever.
"Garbage"
means any organic refuse of any kind resulting from the preparation and serving of food, old, decayed or spoiled food, dead animal litter or any other organic refuse of any source.
"Lake"
means a large pond or other body of water.
"Maintenance"
means implementing a reasonable strategy of managing the quality and ecological integrity of a pond or other body of water, which prevents unhealthy, unsafe or unsightly conditions. This section does not require that the pond or other body of water be maintained by a water management professional or contractor.
"Noxious aquatic plant growth" or "algae"
means excessive quantities of plant life which reduce dissolved oxygen to a level that is harmful to other aquatic life or the ecological integrity or balance of the water system, attract rodents, mosquitoes, midges or other harmful pests and insects, or increase the pollution levels of the water feature. Noxious aquatic plant growth includes, but is not limited to, blue green algae and cattails.
"Person"
means any natural person, individual, firm, association, club, organization, corporation, business trust, partnership, company or other entity which is recognized by law as the subject of rights or duties, or any employee thereof.
"Pond" or "other body of water"
means any manmade or natural body of water or aquascape, including a fountain or lake, which serves a decorative or functional purpose such as a reservoir or holding pond, whether filtered or unfiltered. "Pond" or "other body of water" does not include a:
1. 
Swimming pool, spa or similar artificial feature which is generally treated in a sterile condition by chlorine or bromine;
2. 
Reservoir or other body of water which is owned or operated by a governmental or public entity; or
3. 
Manmade or natural body of water or aquascape which is designed to maintain rare plant or animal species.
"Shoreline"
means the edge of a water feature.
"Water clarity"
means the condition wherein a pond or other body of water is operated or maintained so as to keep the water clean and at a reasonable clearness level. In determining what constitutes "reasonable" clarity, the city may take in to consideration seasonal or temporary conditions such as, but not limited to, heavy rains, overseeding or excessive runoff from fertilization or irrigation which may affect water clarity. The following standards shall be used to define reasonable clarity: a black and white disk extended from a string or measuring tape, commonly referred to as a "Secchi disk," which when placed in a pond or other body of water shall be visible at the depth of at least eighteen inches, or the water shall be determined to not be of reasonable clarity.
"Weeds"
means a plant that is situated out of place as compared to the surrounding landscape or feature.
C. 
Applicability. This section is applicable to ponds or bodies of water located within the common area of a common interest development.
D. 
Designated Nuisance. The failure of any person to maintain in a first-class condition, or cause to be maintained in a first-class condition, any pond or other body of water, as defined in this section, shall constitute a public nuisance which may be abated pursuant to Title 14 of the Rancho Mirage Municipal Code.
E. 
Prohibited Conditions. The following conditions existing in any pond or other body of water are designated a public nuisance which may be abated pursuant to Title 14 of the Rancho Mirage Municipal Code:
1. 
Excessive concentrations of noxious aquatic plant growth or algae or sediment which accumulate above or below the surface of the water which cause oxygen depletion, harm to beneficial and ornamental plants, endanger aquatic life, or cause displeasing odors or other aesthetically displeasing conditions;
2. 
Accumulations of vegetation on the shoreline or pond edges which encourage the growth of weeds or noxious aquatic plant growth or algae across the surface of a pond or other body of water which may create an aesthetically displeasing condition;
3. 
Inadequate aeration/filtration which may result in foul or displeasing odors, poor water clarity, mosquito or midge infestation, or the growth of weeds or noxious aquatic plant growth or algae, or may harm beneficial and ornamental plants;
4. 
Inadequate chemical levels causing pollution or mosquito or midge infestation, or increasing toxic levels and wastewater which can endanger human health and wildlife;
5. 
Weeds or other noxious aquatic plant growth or algae, as defined, or leaves from trees or shrubs which drop into and accumulate upon the surface of a pond or other body of water which cause an aesthetically displeasing condition;
6. 
Inappropriate levels of insecticides or herbicides used for weed and insect control on golf courses, which harm beneficial and ornamental plants, aquatic life, water fowl, and wildlife in and around the pond or other body of water, or which increase the growth of noxious aquatic plant growth or algae or weeds in the subject water feature;
7. 
Embankment erosion;
8. 
Excess vegetation along the embankment or shores of ponds or other bodies of water appearing in a state of overgrowth;
9. 
Introduction of grass clippings, oil, lubricants, gasoline or other petroleum products from lawn mowers and related landscaping machinery which causes the accumulation of vegetation or oil residue on the surface of ponds or other bodies of water;
10. 
Litter, garbage, foreign substances, decayed or dead vegetation, as well as discarded or dropped fruit, or any and all animal droppings and carcasses, which cause environmental problems such as the endangerment of migratory birds and fowl, mosquito or midge infestation, the proliferation of animal scavenging, pests, rodents or displeasing odors, or other aesthetically displeasing conditions;
11. 
Mosquito or midge infestation; or
12. 
Water levels reduced below the level originally installed or approved by the city unless a permit is issued by the city to drain the lake, fountain, or pond or other body of water.
F. 
Drainage Permit.
1. 
Unless the drainage of a pond or other body of water is otherwise regulated by state or federal law, and such drainage is performed in accordance with the requirements of such law, it is unlawful and shall constitute a public nuisance to drain any pond or other body of water located within the common area of a common interest development without first obtaining a drainage permit from the City Manager or his/her designee.
2. 
In order for any person or entity to obtain a drainage permit from the city, such person or entity shall (a) complete an application form for a drainage permit by including on the application form, at a minimum, the following information required below, and (b) submit the completed permit application to the Public Works Department of the city together with the application fee established by the city:
a. 
Name of applicant;
b. 
A twenty-four hour contact telephone number for the applicant;
c. 
Mailing address and residential address (if different) of applicant;
d. 
Name and mailing address of owner of the subject property on which the drainage will occur;
e. 
Written approval from the subject property owner for the drainage activities proposed by applicant;
f. 
Date application is completed by the applicant;
g. 
Signature of applicant declaring that all information provided in the application is true and correct and within applicant's personal knowledge;
h. 
Date the drainage will commence;
i. 
Date the drainage will be completed;
j. 
Purpose for draining the pond or other body of water;
k. 
Manner in which the pond or other body of water will be neutralized prior to drainage;
l. 
Manner in which the drainage will be completed;
m. 
Location where the water will be drained and manner of disposal;
n. 
Procedures to be taken by applicant to ensure that the drainage activities will not create a public nuisance condition(s);
o. 
If the applicant intends to refill the pond or other body of water, the permit application shall specify the date(s) on which such refilling will occur;
p. 
If the applicant intends on reconfiguring or removing the pond or other body of water to be drained, the permit application shall specify whether prior approval from the city has been obtained for such modification;
q. 
Dates on which the city shall be permitted to inspect the drainage activities; and
r. 
Date by which all property owners within a five hundred foot radius of the pond or other body of water to be drained shall be notified by first class mail of the drainage activities, the date drainage will commence, the date drainage will be completed, and the date the pond or other body of water will be refilled. The requirements of this provision shall only apply to ponds or bodies of water with a surface area greater than five thousand square feet.
3. 
A permit shall be issued only if the proposed drainage complies with all applicable laws, rules, regulations, and development entitlements governing the area encompassed by the pond and/or body of water.
4. 
It is unlawful and shall constitute a public nuisance for any person or entity issued a drainage permit by the city to drain any pond or other body of water not in compliance with the representations provided for by the applicant on the permit application form.
5. 
It is unlawful and shall constitute a public nuisance for any person or entity issued a drainage permit by the city to drain any pond or other body of water not in compliance with the city's requirements imposed for the issuance of the permit including, but not limited to, the manner in which the drainage of the pond or other body of water shall occur and the time period within which the drainage and refill of the pond or other body of water shall occur.
(Ord. 687 § 1(Exh. A), 1997; Ord. 844 § 2, 2003; Ord. 909 § 1, 2005; Ord. 925 § 3, 2006)
A. 
Public Nuisance. Any violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Title 14 of the Municipal Code.
B. 
Infraction Violation. Any violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Title 14 of the Municipal Code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
C. 
Administrative Citation.
1. 
In lieu of issuing an infraction or misdemeanor citation, the city may issue an administrative citation, pursuant to Title 14 of the Municipal Code, to any person responsible for committing, causing or maintaining the subject violation.
2. 
Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.
3. 
Any person issued an administrative citation under this section, for each separate violation shall be subject to a fine as set forth in Title 14 of the Municipal Code.
D. 
Additional Remedies.
1. 
Any violation of this chapter by the holder of any city permit validly issued pursuant to this or any other chapter of the Municipal Code shall constitute grounds for modification, suspension and/or revocation of said permit.
2. 
Nothing in this section shall preclude the city from pursuing other remedies provided by the Municipal Code, including, but not limited to issuance of stop work orders and injunctive relief.
(Ord. 687 § 1(Exh. A), 1997; Ord. 844 § 2, 2003; Ord. 909 § 1, 2005; Ord. 925 § 3, 2006)