[Ord. 1529, 3-5-2008]
(A) 
It is the intention of the City Council, in adopting the provisions codified in this chapter, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
(B) 
In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.
(C) 
The remedies provided for in this chapter are supplemental and complementary to all of the provisions of this code, state law, and any law cognizable at common law or in equity; and nothing herein shall be read, interpreted, or construed in any manner to limit any existing right or power of the city to abate any and all public nuisances.
[Ord. 1529, 3-5-2008]
Enforcement officials have the authority and powers necessary to gain compliance with the provisions of the Municipal Code, land use plans, and applicable state and/or uniform codes. These powers include, but are not limited to, the power to issue notices of violation, field citations, or notices and orders to abate nuisances, inspect public and private property, and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.
[Ord. 1529, 3-5-2008]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED
Buildings, structures, property or other items found to be unoccupied, unattended or left in a place or condition in which it is reasonably apparent or obvious that the owner has no intention of returning to occupy or claim it.
ABATE
To remove the source of the public nuisance either by correcting specific problems or by removal from public or private property.
ABATEMENT COSTS
Also referred to as "costs of abatement" and "administrative costs." They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; recording fees; any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to Cal. Health and Safety Code § 520 and other statutory entitlements. Costs may be recovered by the prevailing party in actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’s fees. Abatement costs shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.
ABATEMENT HEARING
The administrative hearing before the Hearing Officer after issuance of a notice to abate by an Enforcement Official.
APPLICABLE STATE CODE
Any law of the State of California which protects the health, safety or welfare of the citizens of the city.
BOARDED BUILDING
A building whose doors or windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.
BUILDING
A man made structure used for or intended for the occupancy of humans.
BUILDING OFFICIAL
The Building Official of the city.
CITY MANAGER
The City Manager of the city.
DECAYED
Vegetation which has become deteriorated, lost its strength, health or has declined in quality.
DETERIORATED
Any building, structure, fence, automobile, or other item which is in a state of disrepair, partial ruin or decay.
DILAPIDATED
Any building, structure, fence, automobile, and the like in a state of disrepair or reduced into partial ruin or decay.
DISEASED
Any abnormal condition that interferes with vital physiological processes, caused by unfavorable or environmental conditions.
DISMANTLING
Stripping, disassembling or taking apart any building, structure, automobile, furniture or equipment.
ENCROACHES
Advancement beyond property boundaries.
ENFORCEMENT OFFICIAL
The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city, or applicable state code.
EXCAVATION
A natural cavity, pouch or recess; the action or process of excavating formed by cutting, digging or scooping.
FACADES
The decorated face or front of a building or structure.
FIELD
A wide open space of land.
FIRE HAZARD
Any situation in which there is a greater than normal risk of harm to people or property due to fire.
FIRE MARSHAL
The Fire Marshal of the city.
HEARING OFFICER
The official designated by the City Manager charged with presiding over the abatement hearing and responsible for issuing orders to abate public nuisances and costs.
HARBOR
To provide a place, home or habitat for rodents, vermin or farm animals.
HAZARDOUS
A situation which poses a level of threat to life, health, property or environment.
HAZARDOUS LIQUID
A liquid deemed to cause a hazard, exposing one to unsafe, dangerous conditions by skin or airborne exposure.
HAZARDOUS TREE
Trees in which the branches, trunk or other portion has grown into a position which has, or may have the potential to become hazardous to people, pedestrians or other property.
HOLIDAY LIGHTS AND DECORATIONS
Lights or decorations used to denote a holiday or used in association with a holiday.
HOMEOWNERS' ASSOCIATION
An organization, elected or not, which governs regulations and expenditures of a particular community.
ILLEGAL ACTIVITY
Engaging in activities that are prohibited by law or statute, contrary to, or forbidden by official rules, regulations, accepted rules or this code.
INDIO CONSOLIDATED APPEALS BOARD
The three member board provided for in § 95.01.
INTERESTED PARTY
The owner, legal occupant, or holder of a recorded interest of a property subject to a notice or order to abate.
LAND
The part of the earth that is not covered by water.
LOT
A parcel of land having fixed boundaries.
MERCHANDISE
Commodities offered for sale.
NAUSEATING
Causing nausea, disgust, revulsion or loathing.
NEGLECTED
To disregard, pay inadequate attention to, fail to care for, or to fail to attend to any building, structure, equipment, vehicles, vegetation, and the like.
NONAPPROVED MATERIAL
A material utilized, but which is not approved by the city.
NOTICE TO ABATE
Notice provided by the city that a nuisance exists on a property and instructions to abate. Such notice is issued by an Enforcement Official upon determining the existence of a nuisance.
ORDER
The order to abate a public nuisance issued pursuant to § 95A.113 of this chapter.
ORDER TO ABATE
The order of the city to abate a nuisance.
OVERGROWN
Vegetation that has grown abnormally or excessively large.
OWNER
The owner of record of property.
PARKWAY
That portion of the street right-of-way which is available for landscaping, and not for curb, gutter or pavement.
PATCH PAINTED
Any building or structure that is painted in a fashion that gives the reasonable appearance of being incomplete or mismatched.
POLICE CHIEF
The Chief of the Police Department.
PREMISES
Any real property or improvements thereon.
PROPERTY
Also known as real property, land, lots, parcels or real estate, is the land or any permanent feature or structure above or below the surface.
PUBLIC RIGHT-OF-WAY
Any place or location on which the public has a right to travel, including, but not limited to, a street, road, sidewalk or footpath.
PUBLIC NUISANCE
Any nuisance designated in § 95A.104 of this chapter.
PUBLIC VIEW
Anything which can be seen by a person from the public right-of-way, or from public property, or on areas of private property open to access by the public or by consent of the person in possession of the property or by consent of an agent of that person.
RECIPIENT
Any person, not necessarily the owner of the premises, who receives a notice or order to abate pursuant to this chapter.
REFUSE
Unused or discarded matter/material having no substantial market value, including, but not limited to, rubbish, refuse, debris, sludge, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, wood, crates, cartons, paper, containers, cans, bottles or barrels containing refuse or other matter, and plant or tree trimmings.
STRUCTURES
Building or structures not designed for human occupancy.
TARPAULIN
A piece of cloth or other material used for protecting or covering exposed objects or areas.
TERRAIN
An area of land or the particular features of it.
TOPPED
Trees that have been cut leaving only the tree trunk or stump, or any other severe type of pruning which usually produces less desirable results than a more moderate pruning with respect to the tree's natural form and which is generally hazardous to the overall health and stability of the tree.
VEHICLE
For the purpose of this section, "vehicle" is defined in Indio Municipal Code, Chapter 71.
VERMIN
Any one of various common types of small insects or animals which cause harm and annoyance.
[Ord. 1529, 3-5-2008; Ord. 1701, 10-19-2016]
It is unlawful and is hereby declared to be a public nuisance for any person, business, homeowners' association, corporation or entity owning, leasing, occupying, or having charge or possession of any land, parcel, building, structure or premises, in any location within the city, to maintain such premises in such a manner that any of the following conditions are found to exist, or cause or may cause a hazard to health, safety or general welfare:
(A) 
Any violation of a federal, state, or local law or ordinance, land use plan, rule, regulation, and/or any code adopted by reference in this code, or any nuisance known in equity.
(B) 
Any property not maintained or used in a condition consistent with the approved plans or conditions.
(C) 
Any land, terrain or configuration which interferes with the established drainage pattern over a property or from adjoining properties that may result in erosion and/or surface drainage problems that could be detrimental to the public health, safety, usability, or appearance to neighboring properties.
(D) 
Any building or structure left, not secured, not occupied, abandoned, partially or completely damaged or destroyed, or which is in a state of partial construction for an unreasonable period of time.
(E) 
Any building or structure erected, altered, expanded, maintained or used, contrary to the provisions of this code or any condition or requirement imposed upon the building or structure.
(F) 
Any building or structure not adequately maintained or which is deteriorated in any of the following ways:
(1) 
Peeling, discolored or patch painted with colors that do not match on the exterior of the structure;
(2) 
Missing, broken or boarded up windows;
(3) 
Roof or ceiling in disrepair;
(4) 
Damaged porch, balcony or stairways;
(5) 
Missing or damaged handrails or related safety equipment;
(6) 
Broken or missing window screens, if required;
(7) 
Broken or missing locks and latches on windows and doors;
(8) 
Facades, exterior stucco or decorative planters or any other portion of the exterior of a structure which is damaged or not adequately maintained.
(G) 
Bees and other stinging insects, either intentionally or not, in a place or condition that has, or may have the potential to bite, sting or harm humans or animals, unless otherwise permitted by the city.
(H) 
Any building or structure that is overcrowded with persons such that it unreasonably interferes with a neighboring resident's right to access, use, or enjoyment of his or her property, or such that it impairs the general welfare of a neighboring resident, or provides inadequate sanitation for the number of occupants.
(I) 
Failure to secure and prevent public access to abandoned or vacant buildings, structures or portions thereof.
(J) 
Any fence, wall or gate in any of the following conditions:
(1) 
Installed without the proper permits;
(2) 
Installed or maintained contrary with the conditions set forth in the approved plans or permits;
(3) 
Damaged, broken, dilapidated, unsightly or not adequately maintained;
(4) 
Patch painted with colors that do not match;
(5) 
Patched or covered by plywood, metal, plastic, tarpaulin or other non approved materials;
(6) 
Constructed of metal or plywood garage doors;
(7) 
Broken or non-working emergency access gates or equipment.
(K) 
Landscaping, vegetation, trees, vacant land, and parkways or any portion thereof, in public view, in any of the following conditions:
(1) 
Lack of turf, planted material, decorative rock, bark, planted ground cover or coverings;
(2) 
Lawn or grass in excess of six inches in height or which is dead, decayed, diseased, or not adequately maintained, except that lawn or grass may not exceed 12 inches in height on parkways;
(3) 
Overgrown to a point which does, or has a potential to, harbor rats, vermin, excessive amounts of insects or other potential disease carriers;
(4) 
Obstructs vision of motorists or pedestrians or official traffic control devices;
(5) 
Encroaches onto, over, or upon any public right-of-way, including, but not limited to streets, alleys or sidewalks;
(6) 
Flowerbeds, planters, gardens and other decorative growing areas which contain overgrown, dead, decayed, diseased, or inadequately maintained flowers, bushes, hedges, ground coverings or vegetation;
(7) 
Flowerbeds, planters, gardens and other decorative growing areas which have become overrun with grass or weeds;
(8) 
Trees, bushes, hedges, and other vegetation which has become overgrown to a point where it substantially encroaches onto neighboring properties causing a substantial interference with the neighboring resident's right to access, use or enjoyment of their property, or otherwise causes a hazard to health, safety or general welfare;
(9) 
Vacant land, fields or lots on which the vegetation is overgrown, or which contains or is likely to contain rats, vermin, trash, or illegal activity;
(10) 
Vacant land, fields or lots which is maintained in a condition which is a fire hazard, unsightly, or likely to invite mischievous or illegal activity;
(11) 
Trees which are dead, overgrown, not adequately maintained, or which have been declared hazardous or have been topped leaving only the tree trunk or tree stump, or have been declared to be hazardous by a certified arborist.
(L) 
Offensive or nauseating odor or smell created by garbage, recycling or garbage containers, dead animals or other odor causing substances or materials.
(M) 
Any of the following conditions on any property or portion thereof visible from public view:
(1) 
Lumber, trash, garbage, debris, refuse;
(2) 
Hazardous swimming pools, spas, ponds, bodies of water or excavations;
(3) 
Abandoned, broken or neglected equipment and machinery;
(4) 
Furniture, appliances, play equipment or other household fixtures, except for lawn furniture;
(5) 
Clotheslines, clothes or similar materials hanging or placed in front yards, side yards, porches, balconies or fencing, or otherwise in public view;
(6) 
Any type of item or material stored on a rooftop;
(7) 
Accumulation of litter, trash, boxes, or other items in front of doorways, on sidewalks, public walkways and other common areas used by the public;
(8) 
Accumulation of litter, trash, boxes or other items in parking lots, planters and other landscaped areas;
(9) 
Display, sale or use of merchandise, equipment, machinery or other items in, on, or blocking streets, sidewalks, walkways, parking lots, parking stalls or other common areas;
(10) 
Temporary service bins, dumpsters, or storage containers stored on a public street or on private property, except when associated with a permitted construction or remodeling project, stored in an approved trash enclosure, or completely stored out of public view;
(11) 
Garbage cans, trash cans, recycling containers and bins, bags and other trash collection devices in place beyond 24 hours before or after the scheduled trash day;
(12) 
Commercial garbage or recycling bins stored outside the dumpster enclosure;
(13) 
Accumulation of grease, oil or other hazardous liquids or materials on paved and unpaved surfaces, driveways, sidewalks, walkways or any other location;
(14) 
Tarpaulins or any unapproved screening materials used for any purpose other than in an emergency weather condition, or when attached to temporary construction fencing surrounding an approved and permitted construction project or public safety hazard;
(15) 
Portable devices or equipment, including but not limited to play equipment, located or stored on any street, sidewalk or public right-of-way;
(16) 
Holiday lights or decorations, excluding permitted flags, installed or displayed in front or side yards, or on a structure, except 30 days before and after December 25, and 14 days before or after the Fourth of July, Halloween, Easter and Thanksgiving;
(17) 
Storage of construction equipment, machinery or building materials other than during operations conducted under a valid building, grading or demolition permit;
(18) 
Cement mixers, construction trailers or other equipment parked more than four hours at a location other than the site of the construction project;
(19) 
Animal, fowl or bird feces kept in a visible location or in a condition that is or may become hazardous or nauseating;
(20) 
Foundations, retaining walls, planters, pools and other structures left on a property after a building or structure has been demolished or destroyed unless expressly authorized under this code or demolition permit.
(N) 
Any of the following conditions on parking lots, or vehicular or pedestrian access areas:
(1) 
Striping installed or maintained contrary to the conditions set forth in the approved plans or permit;
(2) 
Potholes, major cracks or other conditions which reflect inadequate or poor maintenance;
(3) 
Vehicular parking stall markings have become deteriorated or are nonexistent;
(4) 
Pedestrian walkway markings, if required, which are deteriorated or not clearly visible;
(5) 
Lack of the required number of handicap parking stalls or handicap walkways;
(6) 
Lack of the required handicap stall signage;
(7) 
Required curb markings or signs installed improperly;
(8) 
Required curb markings or signs not maintained in a clean, visible condition, or otherwise improperly maintained.
(O) 
Growth on palm trees, including but not limited to, dead or decayed palm fronds, noncommercial fruit, or flowers/pollen hanging from palm trees, except that dead California Fan Palm (Washingtonia filifera) fronds may remain in place and for the purpose of forming a skirt.
(P) 
Repairing, dismantling, or painting of any vehicle or motorized equipment visible from public view unless:
(1) 
The repairing or dismantling is conducted in an enclosed garage where the vehicle or equipment is registered to and owned by a person permanently residing on the property;
(2) 
The repairing or dismantling can be started and completed in less than 24 hours;
(3) 
The painting is done in an approved paint booth or in accordance with the allowed uses in the Fire Code. At no time can the painting be conducted in a residential district.
(Q) 
Repairing or dismantling of any vehicle or motorized equipment on vacant lots, residential, commercial or industrial parking lots, including those associated with auto repair or auto parts stores, or on any street or alley.
(R) 
Any swimming pool, spa, pond, fountain or other body of water which is unfiltered, polluted or not otherwise adequately maintained, or which creates a hazard to public safety, health or general welfare.
(S) 
Any outdoor burning of any trash, material, building, structure, matter of thing, unless authorized by the Fire Marshal or his of her authorized representative by the issuance of a permit; except wood, charcoal, or those materials normally associated with and used inside of a barbeque, fire pit, wood burning stove or other similar device specifically made and designed for the burning of such materials.
(T) 
Any property with dirty water, sewage or any other substance, including but not limited to, urine or other bodily matter, discolored water, contents of septic tanks, cesspools or privy vaults, which flows onto public or private property.
(U) 
Any property, building or structure, wall, fence, pavement, or walkway which is painted in an unreasonably offensive or garish manner, or in bright, fluorescent, or luminescent colors, which is out of harmony or conformity with the standards of adjacent properties.
(V) 
Maintenance of property in conditions that are detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in Cal. Civ. Code §§ 3479 and 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard.
[Ord. 1529, 3-5-2008; Ord. 1589, 3-16-2011]
(A) 
When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the Code Enforcement Officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstance reasonably allows.
(B) 
Whenever the Police Chief, Building Official, or Fire Marshal, finds conditions on a property constitute an immediate hazard or threat to the public health, safety, or welfare of persons or property, and the situation calls for abatement sooner than the abatement procedures in this chapter permit, the Police Chief, Building Official, or Fire Marshal may order and cause the summary abatement of those conditions constituting the threat without the prior notice or hearing described in §§ 95A.108 and 95A.111. After the summary abatement, notice and a reasonable opportunity to be heard will be afforded. Expenses and costs of abatement can be appealed to the Indio Consolidated Appeals Board pursuant to § 95A.121.
[Ord. 1529, 3-5-2008]
Whenever an Enforcement Official declares a nuisance as defined by § 95A.104, he or she shall notify the property owner and any interested party in writing of the existence of the alleged nuisance and direct that it be abated. This notification, hereafter known as a notice to abate, shall detail the violations and include the date, time, and place of a nuisance abatement hearing. This nuisance abate hearing shall be held by no more than 20 days from the issuance of the notice to abate. At the hearing, a Hearing Officer will determine if a public nuisance exists. The format of the notice shall be available to the public upon request of the City Clerk. Other information, such as the owner's responsibility for administrative and incidental costs and expenses incurred in abating the nuisance, may be included in the notice to abate. This section shall not apply to § 95A.105 concerning emergency abatement.
[Ord. 1529, 3-5-2008]
The owner of any building, structure, or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in § 95A.106. The owner shall advise the Enforcement Official of the abatement. Once advised, the Enforcement Official shall inspect the premises to ensure that the nuisance has been abated.
[Ord. 1529, 3-5-2008]
(A) 
If an alleged nuisance is not properly abated within the period established under the provisions of § 95A.106, the property owner, if not notified of the hearing date initially, shall be served with a notice to abate, in accordance with § 95A.106 of this chapter. In addition, the Enforcement Official may institute any and all other remedies as provided by federal, state or local law.
(B) 
In addition to the remedies set forth above, and pursuant to the authority of Cal. Gov’t Code § 38773.5, once the city has determined that a public nuisance or other code violation exists, the City Council and the city are authorized to record an appropriate notice of violation against the subject property setting forth the nature of the violation or public nuisance. The property owner shall be notified in writing ten days in advance of such recordation of the city's intent to record the notice of violation. The notice of intent shall provide that the city intends to record a notice of violation and that the property owner may respond to the notice or otherwise abate the violation before the notice is recorded. Copies of the recorded notice shall be mailed to the affected property owner at the address shown on the last assessment roll, at the time the notice is recorded. The city may seek recovery of the cost of such recording from the property owner.
[Ord. 1529, 3-5-2008]
The Enforcement Official may enter upon the property for the purpose of posting or serving notice required by this chapter, in accordance to federal, state and local law.
[Ord. 1529, 3-5-2008]
Service of notices and orders required under this chapter shall be made by personally serving the property owner(s). If personal service is not possible, service by at least two of the following methods is required:
(A) 
By posting the notice or order in a conspicuous place on, or in front of the property.
(B) 
By registered or certified mail addressed to the owner(s) of the property at the last-known address of the owner shown upon any current record of the city or the last equalized assessment roll. If there is no known address for the owner, lessee, occupant or other person having charge or control of the property, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.
[Ord. 1529, 3-5-2008]
At the time and place stated in the notice to abate, issued pursuant to § 95A.106, the Hearing Officer shall hear and consider all relevant evidence, objections, or protests, and shall receive sworn testimony of owners, witnesses, city personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time at the request of the city or Hearing Officer.
[Ord. 1529, 3-5-2008]
Pursuant to the Hearing Officer's determination, hearings held pursuant to this chapter shall be recorded by either a video or audio-recording device or transcribed by a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
[Ord. 1529, 3-5-2008; Ord. 1589, 3-16-2011; Ord. 1611, 4-18-2012]
Within ten days of the hearing on the abatement of a public nuisance, the Hearing Officer shall consider all relevant evidence and shall issue a written decision. The written decision shall state that the Hearing Officer finds a public nuisance to exist or not to exist, in whole or in part, as alleged by the city.
(A) 
If the Hearing Officer finds a public nuisance does not exist, the city shall have the right to appeal the decision to the Indio Consolidated Appeals Board pursuant to § 95A.120. Such finding by the Hearing Officer shall not preclude the city from seeking any other remedy, or taking any other lawful action, as provided for in this code or under the laws of the State of California.
(B) 
If the Hearing Officer finds a public nuisance to exist, they shall state in a written decision whether the property, in whole or in part, or any building or structure thereon, constitutes a public nuisance.
(C) 
If the Hearing Officer finds a public nuisance to exist and finds there is sufficient cause to abate the nuisance, the Hearing Officer shall make a written order within five days of the hearing entitled "Order to Abate".
(1) 
Said order shall set forth those findings, and order the owner to abate the nuisance.
(2) 
The order shall provide notice to the owner that the administrative and incidental costs and expensive incurred in abating the nuisance shall be assessed against the property and results in a recorded lien or special assessment until paid.
(3) 
As applicable to the particular found to exist, the order shall specifically direct the owner to abate the nuisance by rehabilitation, repair, or demolition in a lawful manner. The order may set forth a particular manner in which the nuisance must be abated.
(4) 
The order shall state if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the additional cost and expenses of removal and abatement by the city, including any additional cost and expenses, together with the prime interest rate plus 1% of the entire amount owing, will be assessed and result in a lien or special assessment upon the property until paid.
(5) 
The order shall set forth time within which the work shall be commenced and completed. This time period shall not be longer than 30 calendar days unless otherwise specified in the order upon finding that the nuisance presents unusual circumstances which cannot be timely abated within a 30-day time period.
(6) 
The order shall inform the property owners of their right to appeal the order to the Indio Consolidated Appeals Board pursuant to §§ 95A.120 and 95A.121.
[Ord. 1529, 3-5-2008]
In addition to being granted the authority to issue an "Order to Abate a Public Nuisance," the Hearing Officer shall also be authorized to impose an administrative fine and/or penalty pursuant to Chapter 12 of this code.
[Ord. 1529, 3-5-2008]
The property owner may, at his or her own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by the Enforcement Official and the nuisance has been abated in accordance with the order to abate, the Enforcement Official shall not remove or abate the nuisance but may schedule a hearing with the Hearing Officer to determine the administrative and incidental costs and expenses incurred so far in abating the public nuisance.
[Ord. 1529, 3-5-2008]
If a declared nuisance is not completely abated within the time prescribed in the Hearing Officer's order to abate a public nuisance, the Enforcement Official is authorized and directed to abate the nuisance by city forces or private contract in accordance with law. Furthermore, the Enforcement Official is expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance. An administrative inspection warrant shall be obtained prior to any entry if the nuisance is not located in an open area or if the nuisance is not seizable without an intrusion into privacy.
[Ord. 1529, 3-5-2008]
A copy of an order to abate a public nuisance that requires abatement by demolition of any habitable structure or any building with a floor, four wails, a roof and which is larger than 120 square feet shall be immediately recorded with the County Recorder.
[Ord. 1529, 3-5-2008]
(A) 
The Enforcement Official shall keep an account of the expenses and costs of removing and abating the nuisance on each separate lot or parcel of land where the work is done, and shall render a written, itemized report to the Hearing Officer, showing the costs and expenses of abating the nuisance including the city's incidental and direct administrative expenses, less any salvage value relating thereto. The Hearing Officer may make any revision, correction, or modification in the report as he or she deems just, after which the report, as submitted or modified, shall be confirmed.
(B) 
The term "incidental expenses" or "expenses" shall include, but shall not be limited to, the actual expenses and costs of the city in preparing notice, specifications, and contracts, in inspecting the work, legal fees, and other related costs.
[Ord. 1529, 3-5-2008; Ord. 1589, 3-16-2011; Ord. 1611, 4-18-2012]
(A) 
The city, owner, responsible party, or other party who has a legal or equitable interest in the property may appeal the final order of the Hearing Officer's order to abate a public nuisance pursuant to § 95A.113. The appeal must be in writing and must be filed with the City Clerk no later than ten days from the date of the service of the Hearing Officer's order. After ten days from the date of service of the Hearing Officer's order, the order is deemed final and may no longer be appealed.
(B) 
Any written appeals to the nuisance abatement order shall be legible and filed with the City Clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the Hearing Officer in issuing the order to abate a public nuisance. Any appeal shall contain:
(1) 
A specific identification of the subject property;
(2) 
The names and addresses of all appellants;
(3) 
A statement of appellant's legal interest in the subject property;
(4) 
A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
(5) 
The date and signatures of all appellants; and
(6) 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
(C) 
The City Clerk shall then transmit a copy of the written appeal to the Hearing Officer and the Enforcement Official.
(D) 
Upon receipt of the written appeal, the Hearing Officer shall transmit to the Indio Consolidated Appeals Board the records of all hearings and copies of all papers submitted, and orders given. The Hearing Officer shall also submit a written report, stating the factual and legal basis upon which his or her decision was reached pursuant to § 95A.113. Within 30 days of the receipt of the written appeal, the Indio Consolidated Appeals Board shall, after review of the entire record, the Hearing Officer’s report, and appellant’s written appeal, and without further hearings on the matter, issue a final order decision affirming, reversing, or modifying, in whole or in part, the order to abate any public nuisance deemed to exist. Such final order decision shall be served upon the owners or other appellants in accordance with § 95A.110. The decision of the Indio Consolidated Appeals Board shall be final.
(E) 
On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed shall be stayed until the final determination by the Indio Consolidated Appeals Board of the appeal, unless the Enforcement Official finds that conditions on the property constitute an immediate threat to the health, safety or welfare of persons or property and must be abated immediately.
[Ord. 1529, 3-5-2008; Ord. 1589, 3-16-2011; Ord. 1611, 4-18-2012]
(A) 
Upon the final determination for cost of abatement, the Hearing Officer shall within ten days, in accordance with § 95A.110, serve the order for cost of abatement upon the owner, occupant, or other party who has a legal or equitable interest in the property. An appeal of the order for cost must be in writing and filed within ten calendar days from the date of service of the Hearing Officer's order. Unless the written appeal is filed within ten days from the date of service of the Hearing Officer's order, the order determining the costs of abatement is final. This appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to §§ 95A.113 and 95A.119.
(B) 
All written appeals as to a cost order shall be legible and filed with the City Clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the Hearing Officer in issuing either the order of costs of abatement. Any appeal shall contain:
(1) 
A specific identification of the subject property;
(2) 
The names and addresses of all appellants;
(3) 
A statement of appellant's legal interest in the subject property;
(4) 
A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
(5) 
The date and signatures of all appellants; and
(6) 
The verification, under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
(C) 
The City Clerk shall then transmit a copy of the written appeal to the Hearing Officer or designee and the Enforcement Official.
(D) 
Upon receipt of the written appeal, the Hearing Officer shall transmit to the Indio Consolidated Appeals Board the records of all hearings and copies of all papers submitted, and orders given. The Hearing Officer shall also submit a written report, stating the factual and legal basis upon which his or her decision was reached pursuant to § 95A.113. Within 30 days of the receipt of the written appeal, The Indio Consolidated Appeals Board shall, after review of the entire record, the Hearing Officer’s report, and appellant’s written appeal, and without further hearings on the matter, issue a final order decision affirming, reversing, or modifying, in whole or in part, the order to abate any public nuisance deemed to exist. Such final order decision shall be served upon the owners or other appellants in accordance with § 95A.110. The decision of the Indio Consolidated Appeals Board shall be final.
[Ord. 1529, 3-5-2008]
(A) 
The order determining the cost of abatement of public nuisance shall constitute a special assessment against the property to which it relates, and upon recordation in the office of the County Recorder, shall constitute a lien on the property for the amount of the assessment.
(B) 
Before the recording of a lien, not less than ten days after the order of costs, notice thereof shall be served on the property owner of record by certified mail or personal service, in the same manner as a civil summons. If the owner of record cannot be found after diligent search, then the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County. The form of the notice shall be available to the public upon request of the City Clerk.
(C) 
After the notice of lien is confirmed and recorded in the office of the county recorder, a copy shall be filed with the assessor and tax collector of Riverside County, acting for the city in order that the county officials may add amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the 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.
(D) 
In the alternative, after recordation of the notice of lien, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(E) 
Pursuant to Cal. Gov’t Code § 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated pursuant to this code, the responsible party may be ordered to pay treble the costs of the abatement. These costs shall not include costs incurred abating conditions pursuant to § 17980 of the Cal. Health and Safety Code.
[Ord. 1529, 3-5-2008]
Any person, whether the owner and/or other legally responsible party who causes, permits or maintains any condition subject to abatement pursuant to the provisions of this chapter to exist on any property, place or area within the city, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 10 of this code.
[Ord. 1529, 3-5-2008; Ord. 1589, 3-16-2011]
Nothing in this chapter shall prevent the Enforcement Official, Hearing Officer or Indio Consolidated Appeals Board from requesting that the City Attorney commence a civil, criminal or other proceeding to abate a public nuisance as an alternative to, or in addition to, the proceedings set forth in this chapter.
[Ord. 1125, 10-7-1992; Ord. 1138, 3-17-1993; Ord. 1244, 5-5-1999; Ord. 1357, 12-3-2003]
(A) 
Purpose. The purpose of this subchapter is to establish minimum requirements for construction and demolition activities and other specified sources in order to reduce man-made fugitive dust and the corresponding PM10 emissions.
(B) 
Definitions. For the purpose of this subchapter, the following definitions are applicable.
AGRICULTURAL OPERATIONS
Are any operation directly related to the growing of crops, or raising of fowls or animals for the primary purpose of making a livelihood.
AQMD
Is the South Coast Air Quality Management District and the representatives thereof.
AVERAGE DAILY TRAFFIC (ADT)
Is the number of motor vehicles that traverse a given unpaved or paved surface during a specified 24-hour period. "ADT" levels are calculated as the average daily volume over a specified 48-hour period as determined by the City in consultation with the AQMD.
BULK MATERIAL
Is all sand, gravel, soil, aggregate and other organic and inorganic particulate matter.
CHEMICAL DUST SUPPRESSANTS
Are non-toxic chemical soil binders that are not prohibited for use by the City, the California Regional Water Quality Control Board, the California Air Resources Board, the U.S. Environmental Protection Agency (U.S. EPA), or any other law, rule or regulation, used to reduce dust on disturbed surfaces.
COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES (CV BACM)
Are methods to prevent or mitigate the emission and/or airborne transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust Control Handbook.
COACHELLA VALLEY FUGITIVE DUST CONTROL HANDBOOK
Is the most recently approved reference document by the AQMD that includes a description of fugitive dust control measures, guidance for preparation of Fugitive Dust Control Plans, notification forms, signage provisions, and test methods.
CONSTRUCTION ACTIVITIES
Are any on-site activities preparatory to or related to the building, alteration, rehabilitation, or improvement of property, including, but not limited to the following activities; grading, excavation, trenching, loading, vehicular travel, crushing, blasting, cutting, planning, shaping, breaking, equipment staging/storage areas, weed abatement activities or adding or removing bulk materials from storage piles.
DEMOLITION ACTIVITIES
Are the wrecking or taking out of any load-supporting structural member of a structure or building and related handling operations or the intentional burning of any structure or building.
DISTURBED SURFACE AREA
Is any portion of the earth's surface (or material placed thereupon) that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition (including vehicular disturbances) thereby increasing the potential for the emission of fugitive dust. This definition does not include land that has been restored to a native condition, such that the vegetative ground cover and soil characteristics are equal to surrounding native conditions.
EARTH-MOVING OPERATIONS
Are the use of any equipment for an activity where soil is being moved or uncovered.
FINISH GRADE
Is the final grade of the site that conforms to the approved grading plan.
FUGITIVE DUST
Is any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indirectly as a result of human activities. PM10 is a subset of fugitive dust and is defined as particulate matter with an aerodynamic diameter of ten microns or less.
FUGITIVE DUST CONTROL PLAN
Is a document that describes fugitive dust sources at a site and the corresponding control measures and is prepared in accordance with the guidance contained in the Coachella Valley Fugitive Dust Control Handbook.
HIGH-WIND EPISODE
Is when wind speeds exceed 25 miles per hour as measured by:
(1) 
The closest AQMD monitoring station; or
(2) 
A certified meteorological monitoring station; or
(3) 
An on-site wind monitor calibrated and operated on-site in accordance with the manufacturer's specifications with a data logger or strip chart.
OPERATOR
Is any person who owns, leases, operates, controls, or supervises any potential fugitive dust generating operation subject to the requirements of this subchapter. This definition includes any person who has been officially designated by a property owner as the person responsible for fugitive dust control at a site, as indicated in an approved Fugitive Dust Control Plan.
PAVED ROAD
Is an improved street, highway, alley, public way, or easement that is covered by roadway materials (such as cement, asphalt or asphaltic concrete).
PHYSICAL ACCESS RESTRICTION
Is any barrier, including but not limited to; curbs, fences, gates, posts with fencing, shrubs, trees, or other measures that are effective in preventing vehicular and Off-Highway Vehicle (OHV) use of a specified site.
SILT
Is any bulk material with a particle size less than 75 micrometers in diameter that passes through a Number 200 sieve as determined by American Society of Testing and Materials (ASTM) Test Method C 136 or any other test method approved by the U.S. EPA and AQMD.
SITE
Is the real property on which construction, demolition, or other activities subject to this ordinance may occur.
STABILIZED SURFACE
Is any portion of land that meets the minimum standards as established by the applicable test method contained in the Coachella Valley Fugitive Dust Control Handbook.
STORAGE PILE
Is any accumulation of bulk material with a height of three feet or more and a total surface area of 300 or more square feet.
UNPAVED PARKING LOT
Is an area utilized for parking vehicles and associated vehicle maneuvering that is not covered with roadway materials (such as cement, asphalt or asphaltic concrete).
UNPAVED ROAD
Is any service roads, internal access roads, heavy and light duty equipment paths and other roadways which are not covered by typical roadway materials (such as cement, asphalt, asphaltic concrete).
TEMPORARY UNPAVED PARKING LOTS
Are those used less than 24 days per year.
(C) 
Performance standards and test methods. All performance standards and test methods referenced in this subchapter shall be based on the methodologies included in the Coachella Valley Dust Control Handbook.
[Ord. 1357, 12-3-2003]
(A) 
Work practices—all fugitive dust sources.
(1) 
No operator shall conduct any potential dust-generating activity on a site unless the operator utilizes one or more Coachella Valley Best Available Control Measures, as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met.
(2) 
Any operator involved in any potential dust-generating activity on a site with a disturbed surface area greater than one acre shall, at a minimum, operate a water application system as identified in the Coachella Valley Fugitive Dust Control Handbook, if watering is the selected control measure.
(3) 
Performance Standards and Test Methods: No person subject to the requirements contained in § 95A.132(B)(1) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
(B) 
Construction and demolition activities.
(1) 
Any operator applying for a grading permit or a building permit for an activity with a disturbed surface area of more than 5,000 square feet, shall not initiate any earth-moving operations unless a Fugitive Dust Control Plan has been prepared pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook and approved by the city.
(2) 
A complete copy of the approved Fugitive Dust Control Plan must be kept on site in a conspicuous place at all times and provided to the city and AQMD upon request.
(3) 
Any operator involved in demolition activities shall comply with AQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities) requirements, and the requirements of Title 40, Part 61 of the code of Federal Regulations.
(4) 
Any operator involved in earth-moving operations shall implement at least one of the following short-term stabilization methods during non-working hours:
(a) 
Maintaining soils in a damp condition as determined by sight or touch; or
(b) 
Establishment of a stabilized surface through watering; or
(c) 
Application of a chemical dust suppressant in sufficient quantities and concentrations to maintain a stabilized surface.
(5) 
Within ten days of ceasing activity, an operator shall implement at least one of the following long-term stabilization techniques for any disturbed surface area where construction activities are not scheduled to occur for at least 30 days:
(a) 
Revegetation that results in 75 % ground coverage provided that an active watering system is in place at all times; or
(b) 
Establishment of a stabilized surface through watering with physical access restriction surrounding the area; or
(c) 
Use of chemical stabilizers to establish a stabilized surface with physical access restriction surrounding the area.
(6) 
Any operator shall remove all bulk material track-out from any site access point onto any paved road open to through traffic:
(a) 
Within one hour if such material extends for a cumulative distance of greater than 25 feet from any site access point; and
(b) 
At the conclusion of each workday.
(7) 
Any operator of a project with a disturbed surface area of five or more acres or of any project that involves the import or export of at least 100 cubic yards of bulk material per day shall install and maintain at least one of the following control measures at the intersection of each site entrance and any paved road open to through traffic with all vehicles exiting the site routed over the selected device(s):
(a) 
Pad consisting of minimum one inch washed gravel maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long; or
(b) 
Paved surface extending at least 100 feet and at least 20 feet wide; or
(c) 
Wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least three inches tall and at least six inches apart and 20 feet long; or
(d) 
A wheel washing system.
(8) 
Any operator required to submit a Fugitive Dust Control Plan under § 95A.132(B)(1) shall install and maintain project contact signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, including a 24-hour manned toll-free or local phone number, prior to initiating any type of earth-moving operations.
(9) 
Any operator of a project with a disturbed surface area of 50 or more acres shall have an Environmental Observer on the site or available on-site within 30 minutes of initial contact that:
(a) 
Is hired by the property owner or developer; and
(b) 
Has dust control as the sole or primary responsibility; and
(c) 
Has successfully completed the AQMD Coachella Valley Fugitive Dust Control Class and has been issued a Certificate of Completion for the class; and
(d) 
Is identified in the approved Fugitive Dust Control Plan as having the authority to immediately employ sufficient dust mitigation 24-hours per day, seven days a week and to ensure compliance with this subchapter, the approved Fugitive Dust Control Plan, and AQMD regulations.
(10) 
Performance Standards and Test Methods: No operator required to submit a Fugitive Dust Control Plan under § 95A.132(B)(1) shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
(11) 
Exceedance of the visible emissions prohibition in § 95A.132(B)(10) occurring due to a high-wind episode shall constitute a violation of § 95A.132(B)(10), unless the operator demonstrates to City all the following conditions:
(a) 
All Fugitive Dust Control Plan measures or applicable Coachella Valley Best Available Control Measures were implemented and maintained on site; and
(b) 
The exceedance could not have been prevented by better application, implementation, operation, or maintenance of control measures; and
(c) 
Appropriate recordkeeping was complied and retained in accordance with the requirements in §§ 95A.132(B)(12) through 95A.132(B)(15); and
(d) 
Documentation of the high-wind episode on the day(s) in question is provided by appropriate records.
(12) 
Reporting/recordkeeping before construction: The operator of a project with ten acres or more of earth-moving operations shall:
(a) 
Forward two copies of a Site-Specific, Stand Alone [8½ by 11 inch] Fugitive Dust Control Plan to the AQMD within ten days after approval by the city. [Note: A separate AQMD approval will not be issued]; and
(b) 
Notify the city and the AQMD at least 24-hours prior to initiating earth-moving operations.
(13) 
During construction: Any operator involved in earth-moving operations shall compile, and maintain for a period of not less than three years, daily self-inspection recordkeeping forms in accordance with the guidelines contained in the Coachella Valley Fugitive Dust Control Handbook.
(14) 
During construction: Any operator involved in earth-moving operations that utilizes chemical dust suppressants for dust control on a site shall compile records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application and shall retain such records for a period of not less than three years.
(15) 
After construction: Any operator subject to the provisions of § 420.12 shall notify the city and the AQMD within ten days of the establishment of the finish grade or at the conclusion of the finished grading inspection.
[Ord. 1357, 12-3-2003]
(A) 
Owners of property with a disturbed surface area greater than 5,000 square feet shall within 30 days of receiving official notice by the city prevent trespass through physical access restriction as permitted by the city.
(B) 
In the event that implementation of § 95A.133 is not effective in establishing a stabilized surface within 45 days of restricting access, the owner shall implement at least one of the following long term stabilization techniques within an additional 15 days, unless the City has determined that the land has been restabilized:
(1) 
Uniformly apply and maintain surface gravel or chemical dust suppressants such that a stabilized surface is formed; or
(2) 
Begin restoring disturbed surfaces such that the vegetative cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such restoration control measure(s) must be maintained and reapplied, if necessary, such that a stabilized surface is formed within eight months of the initial application.
(C) 
Any operator conducting weed abatement activities on a site that results in a disturbed surface area of 5,000 or more square feet shall:
(1) 
Apply sufficient water before and during weed abatement activities such that the applicable performance standards are met; and
(2) 
Ensure that the affected area is a stabilized surface once weed abatement activities have ceased.
(D) 
Performance Standards and Test Methods: No person subject to the provisions of §§ 95A.133(A) through 95A.133(C) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from a source, or cross any property line, and shall either:
(1) 
Maintain a stabilized surface; or
(2) 
Maintain a threshold friction velocity for disturbed surface areas corrected for non-erodible elements of 100 centimeters per second or higher.
(E) 
Reporting/Recordkeeping: Within 90 days of ordinance adoption, operators of property with disturbed surface area of 5,000 or more square feet shall notify the City of the location of such lands and provide owner contact information.
(F) 
Any person subject to the provisions of §§ 95A.133(A) through 95A.133(C) shall compile, and retain for a period of not less than three years, records indicating the name and contact person of all firms contracted with for dust mitigation, listing of dust control implements used on-site, and invoices from dust suppressant contractors/vendors.
[Ord. 1357, 12-3-2003]
(A) 
Unpaved roads.
(1) 
Owners of private unpaved roads with average daily traffic levels between 20 and 150 vehicles must take measures (signage or speed control devices) to reduce vehicular speeds to no more than 15 miles per hour.
(2) 
Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having 150 or more average daily trips or, alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in § 95A.134(A)(4) in accordance with the following treatment schedule:
(a) 
One-third of qualifying unpaved road segments within one year of ordinance adoption; and
(b) 
Remainder of qualifying unpaved road segments within three years of ordinance adoption. (Note: treatments in excess of annual requirements can apply to future years.)
(3) 
Owners of a cumulative distance of more than six miles of private unpaved roads shall stabilize each segment having 150 or more average daily trips in accordance with the following treatment schedule:
(a) 
At least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in § 440.4 within one year of the ordinance adoption; and
(b) 
At least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in § 440.4 in accordance with the following treatment schedule annually thereafter until all qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual requirements can apply to future years).
(4) 
Performance Standards and Test Methods: Owners of any private unpaved road shall not allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, and shall either:
(a) 
Not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or
(b) 
Not allow the silt content to exceed six percent.
(5) 
Reporting/Recordkeeping: Within 90 days of ordinance adoption, owners of unpaved roads shall provide to the City and the AQMD the location and ADT estimates for all unpaved roads.
(6) 
Owners of unpaved roads that utilize chemical dust suppressants shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application.
(B) 
Unpaved parking lots.
(1) 
Owners of parking lots established subsequent to ordinance adoption are required to pave such areas, or alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in § 95A.134(B)(4).
(2) 
Owners of existing private unpaved parking lots shall implement one of the following control strategies within 180 days of ordinance adoption:
(a) 
Pave; or
(b) 
Apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in § 95A.134(B)(4);
(c) 
Apply and maintain washed gravel in accordance with the performance standards included in § 95A.134(B)(4).
(3) 
Owners of private temporary unpaved parking lots (those that are used 24 days or less per year) shall apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in § 95A.134(B)(4) prior to any 24-hour period when more than 40 vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than 5,000 square feet shall implement the disturbed vacant land requirements contained in § 95A.133 during non-parking periods.
(4) 
Performance standards and test methods: The operator of any private unpaved parking lot shall not allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, and shall either:
(a) 
Not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or
(b) 
Not allow the silt content to exceed eight percent.
(5) 
Reporting/recordkeeping: Within 90 days of ordinance adoption, owners of unpaved parking lots shall provide to the City and the AQMD the location and ADT estimates and the size (in square feet) of unpaved parking lots.
(6) 
Owners of unpaved parking lots that utilize chemical dust suppressants or apply gravel shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application.
(C) 
Public or private paved roads.
(1) 
Any owner of paved roads shall construct, or require to be constructed all new or widened paved roads in accordance with the following standards:
(a) 
Curbing in accordance with the American Association of State Highway and Transportation Officials guidelines or as an alternative, road shoulders paved or treated with chemical dust suppressants or washed gravel in accordance with the performance standards included in § 95A.134(B)(4) with the following minimum widths:
Average Daily Trips
Minimum Shoulder Width
500 - 3,000
4 feet
3,000 or greater
8 feet
(b) 
Paved medians or as an alternative, medians surrounded by curbing and treated with landscaping, chemical dust suppressants, or washed gravel applied and maintained in accordance with the performance standards included in § 95A.134(B)(4).
(2) 
Any owner of public or private paved roads shall remove or cause to be removed any erosion-caused deposits of greater than 2,500 square feet within 24-hours after receiving notice by the City or the AQMD or prior to resumption of traffic where the paved area has been closed to vehicular traffic.
[Ord. 1357, 12-3-2003]
(A) 
Administrative requirements.
(1) 
Any operator preparing a Fugitive Dust Control Plan shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion.
(2) 
At least one representative of each construction or demolition general contractor and subcontractor responsible for earth-movement operations shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion.
(3) 
All reporting / recordkeeping required by § 95A.132(B) shall be provided to the city and AQMD representatives immediately upon request.
(4) 
All reporting / recordkeeping required by § 95A.133 through § 95A.134(C) shall be provided to the city and AQMD representatives within 24-hours of a written request.
(B) 
Exemptions.
(1) 
The provisions of this subchapter shall not apply to:
(a) 
Agricultural operations including on-field sources and unpaved roads used solely for agricultural operations.
(b) 
Any dust-generating activity where necessary fugitive dust preventive or mitigative actions are in conflict with either federal or State Endangered Species Act provisions as determined in writing by the appropriate federal or state agency.
(c) 
Any action required or authorized to implement emergency operations that are officially declared by the City to ensure the public health and safety.
(2) 
The provisions of § 95A.132(B) shall not apply to any construction or demolition activity meeting any of the following activity levels or requirements:
(a) 
The activity is occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes; or
(b) 
Activities that do not require issuance of a grading permit or those that require a building permit provided that the project results in 5,000 or less square feet of soil disturbance.
(3) 
The provisions of § 95A.132(B)(8) shall not apply to:
(a) 
Projects that takes two weeks or less to complete provided that a long-term stabilization technique(s) identified in § 95A.133 are implemented; and
(b) 
Line projects (such as pipelines, cable access lines, and the like).
(C) 
Compliance.
(1) 
A person violating any section of this subchapter or with any portion of an approved Dust Control Plan is guilty of an infraction punishable by a fine of not more than $100 for a first violation and a fine not exceeding $400 for a second violation within one year. A third violation, or more, within one year shall each be prosecuted at a level consistent with a misdemeanor violation.
(2) 
In addition to any other remedy provided by law, failure to correct any condition indicated in a notice of violation within one hour of issuance will allow the city to initiate one or more of the following actions where appropriate:
(a) 
Criminal proceedings.
(b) 
Civil proceedings to obtain an injunction; or any other relief against the owner or operator to stop operations at the site.
(c) 
Refusal to issue future permits and/or release of securities held until owner or operator has adequately demonstrated compliance with the notice of violation.
(d) 
Correction of the condition by the city through the use of any securities held under this subchapter.