Palm Desert, CA Property Maintenance: Property Blight (2026)
Key Facts
- Prohibited conditions
- Abandoned, partially destroyed, or unreasonable partial construction
- Partial construction test
- Building permits expired before completion
- Appeal deadline
- Fifteen calendar days after service of the notice to abate
- Burden of proof
- City must prove the nuisance by a preponderance of evidence
- Criminal penalty
- Fine up to $1,000, up to six months in jail, or both
- Section
- Palm Desert Municipal Code § 8.70.040
Summary
In the City of Palm Desert, California, buildings cannot be left abandoned, partially destroyed or in an unreasonable state of partial construction, and cannot violate the California Health and Safety Code. Palm Desert Municipal Code § 8.70.040 defines each term, and Chapter 8.20 sets the nuisance abatement process.
§ 8.70.040. Substandard buildings and housing. 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. ... "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. ... "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.
Full Breakdown
Section 8.70.040 is the city's substandard building rule. Buildings and structures on property cannot 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. The section points to Health and Safety Code Sections 17920.3 and 17922.2 and to Chapter 15 of the municipal code. Three terms carry definitions. A building is abandoned when it is forsaken and devoid of any apparent owner, or unoccupied and unmaintained for so long that it looks as if all claims to possession have been relinquished. Partially destroyed means severely damaged by fire, flood, earthquake, vandalism or other forces in a way that substantially detracts from the neighborhood or reduces values nearby. Unreasonable state of partial construction means the building permits have expired before completion and the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces property values.
Section 8.20.020(A) repeats the abandoned, partially destroyed and partial-construction conditions as an unlawful property nuisance. The enforcement process then runs through Chapter 8.20. An enforcement official can issue a written notice to abate that lists the address, the conditions, the code sections, the corrective actions, a reasonable compliance period and a warning that the city can record a notice of violation with the Riverside County recorder. Where the city intends demolition, the notice must say so and must also be served on all secured lienholders of record. The recipient has fifteen calendar days from service to appeal, and the city bears the burden of proof by a preponderance of the evidence. The city can recover abatement costs, including attorneys' fees, and can collect them as a lien or special assessment.
Violations & Fines
Failing to abate within the time in the notice to abate or the hearing officer's decision lets the city abate the nuisance itself and recover its costs. Under § 8.20.170 violating Chapter 8.20 or a hearing officer order is a misdemeanor punishable by a fine of up to one thousand dollars, up to six months in County Jail, or both, and a second judgment within two years can bring a court request for treble abatement costs.
Frequently Asked Questions
When is a building abandoned in Palm Desert?
What counts as an unreasonable state of partial construction?
How long does an owner have to appeal a notice to abate?
Can the city demolish a substandard building?
Sources & Official References
Other rules in Palm Desert
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