It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the to the registration requirement contained in § 950.104, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in § 95D.104 are adopted.
(A) Any property subject to this section must comply with the requirements of Indio Municipal Code Chapter 95A.
(B) In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
(C) The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.
(D) Visible front and side yards shall be landscaped and maintained to the neighborhood standard.
(E) Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.
(F) Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.
(G) Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.
(H) Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants conditions and restrictions and/or home owners association rules and regulations which may apply to the property.
(I) The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.
(J) The sole exception to these maintenance requirements shall, within the sole reasonable discretion of a duly authorized Enforcement Official, apply to property subject to the registration requirement contained in § 95D.104 that is under construction and/or repair, not less than three business days per week, undertaken in compliance with all applicable law including but not limited to city permitting requirements.
(Ord. 1530, passed 3-5-08)