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HomeMy WebLinkAboutOrd 235 ORDINANCE NO. 235 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING THE CATHEDRAL CITY MUNICIPAL CODE BY ADDING CHAPTER 11.74, "VEHICLE PARKING AND REPAIRS IN RESIDENTIAL a DISTRICTS. " The City Council of the City of Cathedral City does ordain as follows: SECTION 1. A new chapter, to be numbered Chapter 11.74, is added to the Cathedral City Municipal Code, to read as follows: VEHICLE PARKING AND REPAIRS IN RESIDENTIAL DISTRICTS Sections: 11.74 . 010 Definitions 11.74 . 020 Generally 11.74 . 030 Council Findings 11.74 . 040 Parking and Repairing of Vehicles 11.74. 050 Exemptions 11. 74. 060 Designated Parking Areas 11.74. 070 Parking in Parkway 11.74 . 080 Enforcement 11.74 . 090 Penalty 11.74 . 010 Definitions. For the purpose of this chapter the following definitions shall apply: A. "Designated parking area" is an area which has been approved by the City's Director of Community Development for parking of vehicles. B. "immediate neighborhood" means all other properties within the same or the abutting block of a map or subdivision, and all properties within 300 feet of any lot line of the parcel involvement. C. "parkway" is the area within the public right-of-way between the curb face and the property line. If a curb does not exist, a parkway shall not exist. D. "public right of way" means any street, alley, pedestrian walkway, channel or bridge which the public has a right to use E. "front yard" means that part of the lot between the front lot line and the front of the principal building on the lot, and extended to both side lot lines. F. "street side yard" means that part of a lot between the principal building on the lot and extending to the property line of the side street of corner lots. G. "vehicle" is any vehicle movable or designed to be movable by its own power or pulled or designed to be pulled by another vehicle with motor power. Vehicle includes, but is not limited to, automobile, truck, boat, trailer, motorcycle, and recreational vehicle. Vehicle does not include bicycle. 11.74. 020 Generally. This chapter is not the exclusive regulation of public nuisances, but shall supplement and be in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, state, or any other local entity or agency having jurisdiction. 11.74 . 030 Council Findings. The City Council finds and determines that the existence of the following conditions and practices are detrimentally offensive to the public health, safety and welfare of the general public. A. Parking and repairing vehicles in front and street side yards and vacant lots and the repairing of vehicles in residential areas is offensive to the senses. It proves to be an eyesore to the entire community, and detracts from property values of other properties in the immediate neighborhood. B. Because such parking or repairing of vehicles in residential areas is offensive to the senses, it deprives residents of Cathedral City of the comfortable enjoyment of life and property. It detrimentally affects property values in the immediate neighborhood. C. Such conditions and practices can create line-of-sight hazards by impairment of vision of drivers in vehicles at corners, driveways and intersections. 11.74 . 040 Parking and Repairing of Vehicles. It is a public nuisance and prohibited for any person owning, leasing, occupying or having control of any premises in any residential district or any lot or property used for residential purposes in the city to: A. Permit or allow parking of vehicles in front yards and street side yards and vacant lots, at any time, except in designated driveways or other designated parking areas, in any residential district, or on any lot or property used for residential purposes; B. Permit or allow repairing of vehicles except as permitted in Section 11.74 . 050, or outdoor storage of parts, tools, or equipment, on any lot in any residential district or on any lot or property used for residential purposes, and to permit or allow any wrecking, dismantling, disassembly, engine or transmission removal, or storing of wrecked or scrapped vehicles on any such lot. No service or repair work on any vehicle not owned by the person residing on said lot shall be permitted. No vehicle shall be left in a state of visible disrepair, or on one or more jacks or blocks, or without one or more wheels or tires, or with one or more tires deflated, or otherwise in any condition creating a nuisance in the neighborhood, for a period in excess of seventy two (72) hours, in any area visible from a public right of way. 11.74 . 050 Exemptions. This chapter shall not apply to: A. Parking of operable vehicles in designated driveways and designated parking spaces. B. Emergency repairs or service to a vehicle owned by the person residing on said lot which are conducted in areas where such activity is otherwise prohibited by this section, provided any such repairs or service do not extend beyond a period of seventy-two hours. C. Repairs conducted inside a fully enclosed garage, provided the work does not produce noise or odor and is not visible from a public right-of-way. D. Nothing herein shall be interpreted to prevent minor repairs including tune ups, electrical system work, repairs of tires and brakes on vehicles; service work, including replacement of wipers and wiper blades, lubrication and oil changes performed in such a manner that discharges from vehicles are retained in containers meeting federal standards, and performed in such a manner as to assure that oil and water drained from a vehicle are not drained onto the grounds. Storage of parts and products related to any such service work solely for vehicles then owned by an occupant of that residence will be permitted under cover, provided such storage is not visible from a public right of way. It shall be prima facie proof of violation hereof for any vehicle to remain in a state of disrepair or undergoing repair for a period in excess of seventy two (72) hours; however, it shall be a defense to an allegation of violation that necessary repair parts have been duly ordered, and the owner or occupant of the residential premises is in good faith awaiting arrival of such parts which are not yet available. The burden of proof of such a defense shall be upon the person claiming such a defense. The Director of Community Development shall be authorized to order any vehicle awaiting parts to be placed under suitable cover, or removed to a site not visible from a public right of way. E. Notwithstanding the provisions of Section 11.74 . 040 above, a Collector of vehicles of historical value, as defined in Vehicle Code Section 5004, may store special interest vehicles, as defined in Vehicle Code Section 5051, and parts cars, as defined in Vehicle Code Section 5051, on private property in outdoor storage under cover in a rear yard or side yard not fronting on a street, provided that each such vehicle shall be located away from public view, or screened from ordinary public view, or by means of a suitable fence, trees, shrubbery, opaque covering which completely covers the vehicle and is sufficiently opaque that no part of the vehicle is open to ordinary public view, or by other appropriate means. The Director of Community Development shall have authority to determine whether the screening is adequate in any individual case, and the Director of Community Development shall be authorized to determine any such storage to be illegal if he finds that the screening provided is not adequate under all existing circumstances. This exemption shall apply only to vehicles owned by and registered to a collector as defined in Vehicle Code Section 5051. 1[ 11.74.060 Designated Parking Areas. In addition to authorized parking in garages and designated driveways, the occupants of any lot in any residential district or of any lot or property used for residential purposes may designate an area thereof as a designed parking area with the written approval of the Director of Community Development; the Director of Community Development shall review any such designated parking area, and shall approve the area if no other more suitable area can be found on the property for such purpose. In approving the area, the Director of Community Development may specify the dimensions and location of such designated parking area; require paving with concrete, asphalt, gravel, crushed granite, or other suitable parking area materials, and may establish appropriate conditions for screening, including walls, shrubbery, or other material, and any other conditions deemed reasonably necessary by the Director to protect the property values of other properties in the immediate neighborhood. The Director shall also consider all reasonable alternate sites within the parcel involved, including, if feasible, the rear or side yards, to avoid, when possible, the location of designated parking areas in the areas visible from the public street. The Director of Community Development may promulgate rules to guide staff members in the implementation of this section. It is the intent of this provision to permit a designated parking area whenever feasible; nothing herein shall be interpreted to preclude or prevent the parking or recreational vehicles on a residential lot provided that it is on a driveway or designated parking area. No designation of a designated parking area is required in a back yard or side yard not fronting on a street. 11.74. 070 Parking in Parkway. It is a public nuisance to park, or permit to be parked, a vehicle within a public parkway. 11.74.080 Enforcement. The City may elect to enforce compliance with this ordinance by taking action in the name of the City in a court of competent jurisdiction, through prosecution for violation of the ordinance, or through injunctive or other civil relief, or may abate the nuisance in accordance with the procedures specified in Chapter 11.72 of this Code. 11.74.090 Penalties. Any person owning, leasing, occupying or having control of any lot or premises within the City who permits or allows the existence of a public nuisance as defined in this Chapter, or violates any provisions of this Chapter, is guilty of a violation of a City ordinance in accordance with Section 1. 01. 200 of this Code. The provisions of this section are supplemental and in addition to, and independent from, the provisions of Chapter 11.72 of the Cathedral City Municipal Code. Nothing herein shall require that the City first proceed under those provisions. Nothing herein shall be construed to prevent the City from selecting among appropriate remedies or from pursuing two or more different remedies for the same nuisance, in order to assure that the nuisance is adequately abated, and is not likely to recur. SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby F declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. SECTION 3 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in a at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on February 1, 1989 , by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Krings, and Murphy Mayor Hardie Noes: None Absent: None / MA •R ATT ST: . CI Y CLER11 APPROVED AS TO ORM: APPR• lED AS TO CONTENT: /// - _ A • C, i-41W CITY ATTORNEY / CI v • -'•GER HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ORDINANCE NO. c: -' 5--- WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIAiN A MEETING THEREOF HELD ON THE t Cct DAY OF , • . ,198 C , AND THAT SAME WAS POSTED L IN AT LE A ST THE T ; . •E PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE S• D CITY COUNCIL. U►�. . 1I _; �L) • . caw (1TV CLERK