Chapter 8.70 — PROPERTY MAINTENANCE

The city council has determined that the quality of life in Palm Desert is tied to the character and condition of real property within the city, and that inadequate property maintenance tends to cause a diminution in the enjoyment, use, aesthetics, and value of surrounding properties. It is the purpose of this chapter to restate, crossreference, and amend the city's property maintenance standards, in an effort to promote public awareness of those standards, visual unity and order, as well as enhance the value of land and development within the city, and protect the appearance, integrity and character of the community. Restatements and cross-references of existing code provisions and laws are not intended to supersede or conflict with those laws.

Inspection of property for compliance with these standards may be accomplished in any constitutionally permissible fashion including inspection from public rights-of-way, inspection with a property owner or occupier's consent, and inspection through a court-issued warrant. Violations of the property management standards of this chapter are declared a public nuisance, which may be abated by the city in accordance with Chapter 8.20 of this code. In addition to or in lieu of such administrative abatement, the city may pursue any other legal or equitable remedies available to it under this code or state law, including but not limited to the procedures contained in the California Health and Safety Code. (Ord. 801 § 1, 1996; Ord. 1145 § 3, 2007; Ord. 1173 § 3, 2009)

All owners of multifamily rental properties within the city consisting of three or more units shall provide the city with the name and telephone number of at least one person whom the city may contact in the event of a compliance problem relating to the requirements of this chapter. In addition, all on-site property managers shall register with the city, providing their names, addresses, telephone numbers, and such other information as the city manager or his or her designee may deem useful to the enforcement of this chapter, except to the extent such information is not available to cities due to constitutional or statutory limitations. (Ord. 801 § 1, 1996)

Buildings, structures, and landscaping on commercial properties, multifamily properties, and the common areas and perimeters of single-family residential subdivisions within the city shall be maintained in a condition consistent with all approved plans on file with the city and as installed at the time of final city inspection.

(Ord. 801 § 1, 1996)

Buildings and structures on property shall not be left abandoned, partially destroyed, in an "unreasonable state of partial construction," or in a condition that violates an applicable provision of the California Health and Safety Code or of the California Codes previously adopted by the city, as the same currently exist or may hereafter be amended. See California Health and Safety Code Sections 17920.3 and 17922.2; see also Chapter 15 of this code.

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City of Palm Desert, CA § 8.70.040

PALM DESERT CODE

§ 8.70.090

For purposes of this section, the following definitions shall apply:

"Abandoned" means forsaken and devoid of any apparent owner or other person claiming title, or unoccupied and unmaintained for such an extended period of time and in such a manner as to give an outward appearance that all claims to possession or control have been relinquished.

"Partially destroyed" means severely damaged by fire, flood, earthquake, vandalism or other forces and, as a result, substantially detracting from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood.

"Unreasonable state of partial construction" means a state in which building permits for construction has expired before the completion of construction and the partially constructed building or structure substantially detracts from the appearance of the immediate neighborhood, or reduces the property values in the immediate neighborhood. (Ord. 801 § 1, 1996; Ord. 1145 § 3, 2007; Ord. 1173 § 3, 2009)

Painted surfaces on the exteriors of buildings and structures on properties shall be maintained in good condition. For purposes of this section, "good condition" means devoid of excessive and unsightly cracking, peeling or blistering. Wood components of buildings and structures shall be maintained free of dry rot, warping and termite infestations. (Ord. 801 § 1, 1996)

Exterior walls, fences, driveways and sidewalks visible from public rights-of-way or adjacent properties shall be maintained in good condition. For purposes of this section, "good condition" means free of excessive and unsightly defects or deterioration that could reduce surrounding property values.

(Ord. 801 § 1, 1996)

Any broken windows, damaged doors, and damaged gates in condition that constitutes a safety hazard or invitation to trespassers or vagrants shall be promptly repaired or replaced. (Ord. 801 § 1, 1996)

Construction equipment, machinery, or building materials of any type or description shall not be parked or stored on any portion of the premises that is visible from the public right-of-way or from adjacent properties except during excavation, construction, or demolition operations conducted pursuant to an active building or grading permit for the premises. In addition, vehicles towing cement mixers and other construction equipment shall not be parked or stored in public view at a location that is not the site of an ongoing construction project. (Ord. 801 § 1, 1996; Ord. 1317 § 10, 2017)

Land shall not be maintained or graded in such a fashion as to cause erosion, subsidence or surface water drainage problems of such magnitude as to endanger public health or safety.

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.70.090

§ 8.70.140

(Ord. 801 § 1, 1996)

Excavations, pits and wells or holes on property shall not be left open to the public in a hazardous condition. See also Section 8.50.210 of this code, pertaining to abandoned wells. (Ord. 801 § 1, 1996)

All on-premises signs must be maintained in a safe, presentable, and structurally sound condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of said sign, whether done on site or in a licensed contractor's place of business. Signs illuminated either internally or externally must be capable of being fully illuminated and legible, the face(s) intact (without holes or other exterior facial damage).

In the case of abandoned signs resulting from a user vacancy, the identification, name, and other sign contents pertaining to the abandoned business must ordinarily be removed and replaced with a blank panel or white space within thirty days of the user vacancy. See Section 25.68.470 of this code. Signs not maintained in accordance with these and other maintenance requirements specified by Section 25.68.470 may be abated in accordance with that section. "Abandoned" means forsaken and devoid of any apparent owner or other person claiming title, or unoccupied and unmaintained for such an extended period of time and in such a manner as to give an outward appearance that all claims to possession or control have been relinquished. (Ord. 801 § 1, 1996)

All outdoor stairs, porches, hand railings, balconies and awnings shall be adequately maintained. For purposes of this section, "adequately maintained" means safe, structurally sound, and in a condition that does not detract from the appearance of the immediate neighborhood or reduce the property values in the immediate neighborhood. Proper maintenance of awnings includes regular cleaning and, when faded or damaged, replacement of awning materials. See Section 25.68.610 of this code.

(Ord. 801 § 1, 1996)

All swimming pools shall be maintained in accordance with applicable requirements of the Uniform Swimming Pool Code adopted by the city, as the same now exists or may hereafter be amended. And under no circumstances shall any swimming pool, spa, pond, fountain or other body of water on property be left in a condition hazardous to public health and safety. Conditions deemed hazardous to public health and safety include, but are not limited to water that is polluted, stagnant, odorous and a breeding place for insects. (Ord. 801 § 1, 1996)

Whenever a building or structure is marked or defaced with spray paint, dye or like substance in a manner commonly described as graffiti, the graffiti shall be promptly removed in accordance

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.70.140

§ 8.70.200

with Section 9.40.060 of this code. (Ord. 801 § 1, 1996)

Property shall be maintained in reasonable consistency and compatibility with the maintenance standards of adjacent properties so as not to interfere with the reasonable enjoyment of such properties or to depreciate their aesthetic or property values. This section shall not be construed as relieving a property owner, manager, or occupier from complying with any property maintenance provisions of this code or applicable state law. (Ord. 801 § 1, 1996)

With the exception of candles, matches, lighters, barbecue coals, cigarettes and other lawful and traditional incendiary devices, the intentional outdoor burning of any material, structure, matter or thing, on property must be authorized by the city fire department or its authorized representative by issuance of a permit to do so. There shall be no authorized burning on Friday, Saturday, Sunday or Government Code holidays. (Ord. 801 § 1, 1996)

No person shall leave or permit on outdoor property any unattended icebox, refrigerator, freezer or other container that has an airtight door or lid with a snap lock or other device that may not be released from the inside. For purposes of this section, "unattended" means unsecured or unsupervised in such a manner as to create an attractive nuisance and safety hazard to children or other persons.

(Ord. 801 § 1, 1996)

No person shall stockpile fill dirt or other material on any outdoor property within public view without a permit. For purposes of this section, "stockpiling" means deliberate accumulation of an unusually large quantity of material in a particular location, ordinarily for some future use. (Ord. 801 § 1, 1996)

Grounds, landscape, shrubs, plants and vegetation within the city that are viewable by the general public from a public right-of-way or viewable from neighboring properties shall be adequately maintained. Any dead, decayed, diseased or hazardous, hedges, weeds, shrubs or overgrown vegetation, cultivated or uncultivated, that are likely to harbor rats or vermin, constitute a fire hazard, or substantially detract from the appearance of the immediate neighborhood or reduce the property values in the immediate neighborhood, is not permitted and shall be promptly removed. No tree, shrubbery or plant shall be permitted to grow onto or over the public right-of-way in such a manner that pedestrian or vehicular traffic is impaired, or such that vehicle operators cannot clearly observe safety signs and signals. For purposes of this section, "adequately maintained" means a condition that does not substantially detract from the appearance of the immediate neighborhood or reduce surrounding property values. (Ord. 801 § 1, 1996)

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.70.200

§ 8.70.250

Abandoned or discarded furniture, appliances, play equipment, or other household fixtures or other equipment, lumber, junk, trash, debris, refuse, waste matter, and other salvage materials shall not be stored so as to be visible from public right-of-way or from adjoining property, nor in such a manner that they constitute a fire hazard. For purposes of this section, "abandoned or discarded" means forsaken and devoid of any apparent owner or other person claiming title, or in such a condition as to give an outward appearance that all claims to possession or control have been relinquished.

(Ord. 801 § 1, 1996)

Attractive nuisances dangerous to children, including unattended equipment and machinery and hazardous pools and excavations, shall not be permitted outside of buildings and structures. For purposes of this section, "unattended" means unsecured or unsupervised in such a manner as to create a safety hazard to children or other persons.

(Ord. 801 § 1, 1996)

Clotheslines in front yard areas or side yard areas of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside opened garage or carport areas are not permitted if visible from the public right-of-way.

(Ord. 801 § 1, 1996)

Except as otherwise stated below, abandoned, wrecked or inoperative vehicles of all types, and parts thereof, are not permitted in areas of property visible from the public right-of-way or from adjacent properties. See also Chapter 10.24 of this code. Likewise, highly unsightly vehicles are not permitted in areas of property visible from the public right-of-way or from adjacent properties and may be abated utilizing the procedures set forth in Chapter 10.24. For purposes of this section, a "highly unsightly vehicle" is a vehicle having such a poorly maintained exterior that its presence in areas of property visible from the public right-of-way or from adjacent properties substantially detracts from the appearance of the immediate neighborhood and/or reduces surrounding property values. For purposes of this section and Chapter 10.24, a vehicle shall not be considered inoperative if, from all external evidence visible from a public right-ofway or from adjacent properties, the vehicle reasonably appears to be operative. (Ord. 801 § 1, 1996)

No materials or items of any type may be stored on rooftops when visible from the public rightof-way or from adjacent properties. (Ord. 801 § 1, 1996)

• A. Cleaning of floormats used in restaurant kitchens, bars, and other areas of commercial food preparation (hereafter referred to collectively as "commercial kitchens") is not permitted in

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City of Palm Desert, CA § 8.70.250

PALM DESERT CODE

§ 8.70.280

sidewalks, streets, public rights-of-way or other public property, nor in outdoor areas of private property that drain into public streets, gutters, or other public rights-of-way. Cleaning equipment associated with commercial kitchen operations, including but not limited to mops, towels, brushes, brooms, buckets and hoses, which are stored outside must be kept within service yards or other areas of the property that are screened from public view. Likewise, any refuse and/or recycling bins, containers or bags outside the property shall be kept in approved enclosures or other areas of the property that are screened from public view in compliance with this code. See Section 8.70.290 and Chapters 8.12 and 8.16 of this code.

• B. Neither operators of commercial kitchens nor the owners of property on which such kitchens are located shall allow grease, food drippings, or other waste substances attributable to kitchen operations to unreasonably accumulate on exterior areas of the property that are open to or visible by the public. Such exterior areas include but are not limited to walkways and parking lots open to the public, and trash receptacles or enclosures that are visible by the public. For purposes of this section, "unreasonably accumulate" means to amass in such a quantity that any of the following conditions exist: (1) exterior property surfaces of at least six inches in diameter or twelve inches in length are oily or sticky to the touch for more than twenty-four hours; (2) concrete sidewalk surfaces of at least six inches in diameter or twelve inches in length are discolored to the point of being dark brown or black in color for more than one week due to grease exposure, food drippings, or other waste substances attributable to kitchen operations; (3) the condition of the property poses a health or safety hazard to the public; or (4) the condition of the property substantially detracts from the appearance of the immediate neighborhood or reduces surrounding property values.

• (Ord. 801 § 1, 1996)

Gasoline, oil, grease and other flammable, toxic or hazardous liquids shall not be permitted to flow onto the public right-of-way, or to accumulate excessively on any paved surfaces, buildings, structures, walls or fences.

(Ord. 801 § 1, 1996)

Owners of lots, or portions of lots, fronting on any portion of a public street shall clean, repair and maintain sidewalk areas in a safe condition in accordance with Chapter 12.26 of this code. (Ord. 801 § 1, 1996)

Owners of lots, or portions of lots, fronting on any portion of a public street shall repair and maintain the landscaping and general appearance of any portion of a public right-of-way lying between the public street and the property owner's lot line, just as if such right-of-way were part of the fronting lot. In the event that city-approved landscaping has not previously been installed in the public right-of-way, the property owner shall plant or otherwise install such landscaping in the public right-of-way as may be necessary to render the right-of-way's appearance compatible and consistent with that of the fronting lot (assuming the fronting lot's appearance complies with this code). Notwithstanding the foregoing, no new landscaping shall be planted or otherwise

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.70.280

§ 8.70.310

installed in any portion of a public right-of-way without prior approval by the city, based on plans submitted to the director of community development. This section shall not be construed as excusing compliance when the appearance of the fronting lot violates this code. (Ord. 801 § 1, 1996)

No person shall blow, hose or sweep litter from any public or private sidewalk, driveway, building or lot onto any gutter, street or other public place within the city or onto adjacent property. Persons owning, leasing, renting, or occupying or having charge or possession of any property or place of business shall keep the sidewalk and parkway in front of their premises reasonably free of litter. Parking lots open to the public and/or visible from a public right-of-way or adjoining properties shall be maintained in a structurally sound and clean condition, including reasonable and regular clean-up of litter and any other accumulated refuse discarded in the lot. (Ord. 801 § 1, 1996)

Conditions of dust, sand, gravel, trash or refuse on property shall not be allowed to interfere with the reasonable enjoyment of property by neighbors, detrimentally affect property values in the surrounding neighborhood, or materially hamper or interfere with the prevention or suppression of fires.

Every person in charge of a residence or residences, whether single-family or multiple-family, shall make arrangements with the person authorized by law, to have removed, not less than once a week, from the property upon which the residence or residences are located, all refuse created or produced or brought upon the premises. And every person in charge of a residence, commercial or industrial business shall deposit or cause to be deposited all refuse in standard containers or commercial bins as approved by the health officer and the solid waste supervisor. See Chapter 8.16 of this code for more specific requirements pertaining to solid waste.

Refuse and/or recycling cans, bins, containers or plastic bags may not be stored in front or side yards visible from the public right-of-way, or in locations that cause offensive odors, or in a manner that constitutes a fire hazard. Solid waste and recycling enclosures must be provided for all multifamily, office, institutional, commercial and manufacturing uses in any zone district in the city. Refuse storage areas may be combined for more than one use, provided the capacity is adequate for all users. The requirement of trash and recycling enclosures shall not apply for uses where the refuse container is completely screened from the public by walls, fences, buildings or planting, or in the cases of temporary use of twelve-cubic-yard or larger containers or temporary compactors for cleanup of lots or buildings. Solid waste and recycling enclosures shall be of adequate size to contain a solid waste container and a recycling container. See Chapter 8.12 of this code for more specific enclosure requirements and specifications.

For purposes of this section, "refuse and waste matter" means and is defined as unused or discarded matter and material having no substantial market value and which consists of rubbish, garbage, weeds, palm fronds, leaves, grass, 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 or parts thereof, inoperative vehicles or parts thereof, trimmings, cans, bottles, barrels and unapproved fill dirt or similar matter. (Ord. 801 § 1, 1996)

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City of Palm Desert, CA § 8.70.310

PALM DESERT CODE

§ 8.70.370

Parking or storage of any recreational vehicle on private property in any residential zone in the city must comply with Chapter 8.40 of this code.

(Ord. 801 § 1, 1996)

Except to the extent allowed by Chapter 8.32 of this code, it is unlawful for any person owning, leasing, occupying or having control of any premises in any residential district in the city, or for the registered owner, driver or any person in control of any passenger or commercial vehicle, including all types of motorcycles to do, or to permit or allow another to do the following:

• A. Park passenger and commercial vehicles, including all types of motorcycles, in front and corner side lots and vacant lots, at any time, except in designated driveways or other designated parking areas, in any residential district;

• B. Servicing, repairing, assembling, disassembling, wrecking, modifying or otherwise working on any motor vehicles, parts equipment, machinery, tools or other automotive materials of any kind in public view in any residential district. Neither this section nor Chapter 8.32 of this code shall be construed as prohibiting occasional minor repairs or maintenance performed in less than eight hours, such as: changing oil, spark plugs, and air filters; jump-starting a dead battery; and replacing a flat tire.

• (Ord. 801 § 1, 1996)

Any noise resulting from machinery or equipment operation, amplified speakers, or any other activity on the premises must comply with the city's noise-level requirements contained in Chapter 9.24 of this code.

(Ord. 801 § 1, 1996)

Any outdoor property lighting fixtures and lamps must comply with Section 24.16.015 of this code.

(Ord. 801 § 1, 1996; Ord. 1317 § 11, 2017)

All plumbing and sewage disposal systems on the premises, whether located above ground or subsurface, shall be properly maintained in accordance with Chapter 8.55 of this code and any applicable state or local laws and regulations. (Ord. 801 § 1, 1996)

Owners and operators of parking lots or structures that are required by the California Building Code to provide accessible parking for persons with disabilities shall maintain such parking in full compliance with any state or local requirements. See California Building Code Section 1129B or successor regulations. Among other things, the specific locations of such parking spaces approved by the city at the time of final permit inspection shall not thereafter be relocated

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.70.370

§ 8.70.380

by the property owner or occupier without prior written approval of the city's building official. (Ord. 801 § 1, 1996)

Compliance with this chapter shall not excuse a failure to comply with any other applicable property maintenance provisions of this code or state law not expressly restated or crossreferenced in this chapter.

(Ord. 801 § 1, 1996)

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.80.010

§ 8.80.030