[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
The Council finds that neglected, vacant, and abandoned properties
are a major source of blight in residential and nonresidential neighborhoods,
especially when owners or responsible persons fail to maintain and
manage those properties in a manner that ensures they do not become
a liability to the surrounding community. Vacant buildings often attract
transients, criminals, and drug users. Use of vacant, unsecured buildings
by transients and criminals, who may employ primitive cooking or heating
methods, creates a risk of fire for the building and adjacent properties
and presents a dangerous attractive nuisance to children. Vacant properties
are often used as dumping grounds for drug paraphernalia, furniture,
tires, garbage, junk and debris, and are frequently overgrown with
weeds and vegetation. In addition, the presence of vacant buildings
that are simply boarded up for long periods of time to prevent entry
by transients or vandals very often discourages economic development
and encourages graffiti, disrupting neighborhood stability, retarding
appreciation of property values, and promoting blight conditions.
As a result, neighboring property owners and occupants are denied
full use and enjoyment of their property.
The City currently expends vast resources monitoring and responding
to the numerous health, welfare, safety, and economic problems caused
by neglected, vacant properties. Because there is already a significant
cost to the City for monitoring these properties, as well as a substantial
toll on the citizens who are affected by the nuisance conditions created,
the City Council finds there is an urgent need to implement a process
by which these buildings are monitored and the costs borne by the
owners of these properties, rather than the community.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
For the purposes of this article, the following terms shall
have the meanings indicated below:
Any residential property in the City that is vacant or shows
evidence of vacancy and:
Is under a current notice of default and/or notice of trustee's
sale, pending tax assessor's lien sale; and/or
Was the subject of a foreclosure sale where the title was retained
by the beneficiary or trustee of a deed of trust involved in the foreclosure
who is the current owner of the property; and/or
Was transferred to the current owner under a deed in lieu of
foreclosure or sale.
The failure to fulfill a contractual obligation, monetary
or conditional.
Any condition that on its own or combined with other conditions
present leads any person authorized to enforce this Code, in his or
her reasonable discretion, or would lead any other reasonable person
to believe that the property is vacant. Such conditions include, but
are not limited to: overgrown and/or dead vegetation, accumulation
of newspapers, circulars, flyers, and/or mail, past due utility notices
and/or disconnected utilities, accumulation of trash, junk and/or
debris, the absence of window coverings such as curtains, blinds and/or
shutters, the absence of furnishings and/or personal items consistent
with residential habitation, statements by neighbors, passersby, delivery
agents or government employees that the property is vacant.
Any person, co-partnership, association, corporation, or
fiduciary having a legal or equitable title or any interest in any
real property.
Any unimproved or improved real property or portion thereof,
situated in the City and includes the buildings or structures located
on the property regardless of condition.
Any improved real property or portion thereof, situated in
the City, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchange as "residential" whether or not it is
legally permitted and/or zoned for such use.
Such measures as may be directed by the director of planning
or his or her designee that assist in rendering the property inaccessible
to unauthorized persons, including but not limited to the repairing
of fences and walls, chaining or padlocking of gates, the repair or
boarding of door, window and/or other openings. Boarding shall be
completed to a minimum of the current HUD securing standards at the
time the boarding is completed or required.
Any building or structure that is unoccupied or occupied
by unauthorized persons whether or not it is secured or boarded.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
The following acts and conditions, when performed or existing
upon any lot or parcel within the City, are declared to be unlawful
and are defined as and declared to be public nuisances per se that
are injurious to the public health, safety, and welfare:
(a)
Buildings or structures that are under construction or rehabilitation
and are not completed during the term of a valid building permit or
building permit extension issued by the director of planning or his
or her designee.
(b)
Unoccupied buildings or structures that have been left unlocked or
otherwise open or unsecured from intrusion by persons, animals or
the elements.
(c)
Buildings or structures for human use or occupancy that have been
left vacant for more than thirty days, unless one of the following
applies:
(1)
The building or structure is the subject of an active building
permit for repair or rehabilitation and the owner is progressing diligently
to complete the repair or rehabilitation.
(2)
The building or structure complies with all codes adopted by
the City of Oakdale and does not otherwise constitute a public nuisance,
is ready for use or occupancy and is actively being offered for sale,
lease or rent.
(3)
The building or structure, including the premises on which it
is located, does not otherwise constitute a public nuisance and is
not likely to become a public nuisance because it is being actively
maintained and secured.
(d)
Every owner, occupant or person having charge or control of a building,
structure, or property is liable for violations of this chapter regardless
of any contract or agreement with any third party.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
Every owner, lessee, occupant, or person having charge or control
of buildings, structures, or property within the City is required
to maintain the building, structure or property subject to the following
maintenance requirements:
(a)
Any condition causing the property to constitute a dangerous building
shall be immediately remedied.
(b)
Properties must be kept free of weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers,
circulars, 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
markings by removal or painting over 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 otherwise to
the satisfaction of the director of planning or his or her designee.
Landscape includes, but is not limited to, grass, ground covers, bushes,
shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf or sod designed specifically for residential installation. Weeds,
gravel, broken concrete, asphalt, decomposed granite, plastic sheeting,
mulch, indoor-outdoor carpet or any similar materials are not acceptable
landscaping. Maintenance of landscaping includes, but is not limited
to cutting, pruning and mowing of required landscape and removal of
all trimmings.
(e)
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris, or shall be drained and kept
dry.
(f)
The owner of any vacant building, whether boarded by voluntary action
of the owner or as a result of enforcement activity by the City, shall
rehabilitate the boarded building for occupancy, in accord with all
applicable codes and regulations, within thirty days after the building
is boarded.
Adherence to this section does not relieve the property owner
of any obligations set forth in any covenants, conditions and restrictions
and/or homeowners' association rules and regulations which may
apply to the property.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
Any property in the City of Oakdale classified as abandoned
or vacant shall be subject to the following security requirements:
(a)
All windows, doors (walk-through, sliding and garage), gates and
any other opening of such size that it may allow a child to access
the interior of the property and or structure(s) shall be secured
so as to prevent access by any unauthorized person. In the case of
broken windows, securing means the re-glazing or boarding of the window.
(b)
Pools and spas shall be fenced or otherwise secured to prevent access
or use by any unauthorized person.
(c)
The property shall be posted with name and twenty-four-hour contact
phone number of a local property management company. The posting shall
be no less than 4" x 6" and shall contain, along with the name and
twenty-four-hour contact number, the words "THIS PROPERTY MANAGED
BY _______" and TO REPORT PROBLEMS OR CONCERNS CALL _______" The posting
shall be placed on the interior of a window facing the street to the
front of the property so it is visible from the street, or secured
to the exterior of the building/structure facing the street to the
front of the property so it is visible from the street or, if no such
area exists, on a stake of sufficient size to support the posting
in a location that is visible from the street to the front of the
property but not readily accessible to vandals. Exterior posting must
be constructed of and printed with weather-resistant materials.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
The owner shall inspect the abandoned or vacant property on
a monthly basis, or more frequently if required by the director of
planning or his or her designee, to ensure that the property is in
compliance with the requirements of this article and any other applicable
laws.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
(a)
The owner shall comply with all applicable laws and codes, including
zoning, historic preservation, housing, and building codes.
(b)
If the owner of a vacant property is a corporation, limited liability
company or similar entity or is an "out-of-area" beneficiary, trustee,
or owner, the owner shall contract with a property management company
to ensure that the requirements of this article, and any other applicable
laws, are being met.
(c)
The chief of police or his or her designee(s) shall have the authority
to require the owner of any property subject to this article to implement
additional maintenance and/or security measures including, but not
limited to: securing any or all door, window or other openings, installing
additional security lighting, increasing on-site inspection frequency,
employment of an on-site security guard or other measures as may be
reasonably required to arrest the decline of the property and prevent
the maintenance of an attractive nuisance.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
Nothing in this article shall preclude the City from demolishing
any building on the property or taking any other action authorized
by this article, or other provisions of this Code, or applicable law.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
[Ord. No. 1171, § 1; Ord. No. 1190, § 3; Ord. No. 1225-14]
(a)
A violation of this article shall be treated as a strict liability offense regardless of intent. Any person, firm, or corporation that violates any provision of this article shall be subject to prosecution and administrative enforcement, in accordance with the provisions of article VI of Chapter 19.
(b)
In addition to the cost of abatement, and not subject to the administrative
remedies cited herein, a fine in the amount of up to $1,000.00 per
day shall be levied and assessed against any owner of a vacant residential
property acquired through a foreclosure sale as provided in Civil
Code Section 2929.3, a copy of which is set forth herein at length.
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CALIFORNIA CIVIL CODE SECTION 2929.3
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(a)
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(1)
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A legal owner shall maintain vacant resident property purchased
by that owner at a foreclosure sale, or acquired by that owner through
foreclosure under mortgage or deed of trust. A governmental entity
may impose a civil penalty up to a thousand dollars ($1,000) per day
for violation. If the government entity chooses to impose a fine pursuant
to this section, it shall give notice of the alleged violation, including
a description of the conditions that gave rise to the allegation,
and notice to the entity's intent to assess a civil penalty if
action to correct the violation is not commenced within a period of
not less than 14 days and completed within a period of no less than
30 days. The notice shall be mailed to the address provided in the
deed or other instrument as specified in subdivision (a) of Section
27321.5 of the Government Code, or, if none, to the return address
provided on the deed or other instrument.
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(2)
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The government entity shall provide a period of no less than
30 days for the legal owner to remedy the violation prior to imposing
a civil fine and shall allow a hearing and opportunity to contest
any fine imposed. In determining the amount the amount of the fine,
the governmental entity shall take into consideration any timely and
good faith efforts by the legal owners to remedy the violation. The
maximum civil fine authorized by this section is one thousand dollars
($1000) for each day that the owner fails to maintain the property,
commencing on the day following the expiration of the period to remedy
the violation established by the governmental entity.
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(3)
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Subject to the provisions of this section, a governmental entity
may establish different compliance periods for different conditions
on the same property in the notice of alleged violation mailed by
the governmental entity.
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(b)
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For purposes to the provisions of this section, "failure to
maintain" means failure to care for exterior of the property, including,
but not limited, permitting excessive foliage growth that diminishes
the value of the surrounding properties, failing to take action to
prevent trespassers or squatters from remaining on the property, or
failing to take action to prevent mosquito larvae from growing in
standing water or other conditions that create a public nuisance.
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(c)
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Notwithstanding subdivisions (a) and (b), a governmental entity
may provide less than 30 days' notice to remedy a condition before
imposing a civil fine if the entity determines that a specific condition
of the property threatens public health or safety and provided that
notice of that determination and time for the compliance is given,
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(d)
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Fines and penalties collected pursuant to this section shall
be directed to local abatement programs, including, but not limited
to, legal abatement proceedings.
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(c)
Fines and penalties collected pursuant to this section shall be directed
to local abatement programs, including, but not limited to, legal
abatement proceedings.
[Ord. No. 1171, § 1; Ord. No. 1190, § 3.]
If any section or portion of this ordinance shall be determined
invalid or unconstitutional, that section or portion shall be deemed
severable and all remaining sections or portions shall remain in full
force and effect.
