The provisions of this chapter shall apply to all structures in the Old Town Commercial, Primary Commercial, Retained Commercial, and Residential-Scaled Commercial zoning districts, unless otherwise stated, including, but not limited to, properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale. All responsible persons shall comply with the requirements of this chapter.
(Ord. 21-501 § 9)
This chapter will be administered by, and may be enforced by, the Planning Officer, who may adopt administrative rules and regulations consistent with its terms.
(Ord. 21-501 § 9)
Responsible persons shall at all times maintain all structures they own, lease, rent or lawfully possess in the commercial zoning districts pursuant to the Yountville Municipal Code which contains Title 15 Building & Construction and Title 17 Zoning Ordinance, as amended by the Town Council.
(Ord. 21-501 § 9)
A. 
At least one responsible person for each vacant commercial space must register that space with the Town in accordance with this chapter within 10 consecutive days of the date the space becomes vacant commercial space as defined in this chapter.
B. 
In order to register a vacant commercial space, as required by this chapter, a responsible person must submit to the Planning & Building Department, all of the following information in writing:
1. 
The street address and assessor's parcel number of the vacant commercial space;
2. 
The name, address, and daytime and evening telephone numbers of each responsible person for the vacant commercial space, including any owner or tenant;
3. 
The period of time the vacant commercial space is estimated to remain vacant; and
4. 
Any other information requested by the Planning Officer or designee for the administration of this chapter.
C. 
A new registration shall be submitted for processing of a vacant commercial space subject to this chapter every six months from the initial approval for the period of time the space remains vacant. The application shall provide a new design for the vacant storefront space so as to freshen the space's appearance.
D. 
The registration of a vacant commercial space subject to this chapter must be renewed within 90 consecutive days of its change of ownership.
E. 
Registrations must be submitted on forms to be provided by the Planning and Building Department, which forms shall be filled out completely and signed by at least one responsible person.
F. 
Upon satisfactory proof to the Planning Officer that a vacant commercial space is and has been occupied for at least 30 consecutive days, the vacant commercial space will be unregistered. Proof of physical occupation may include, but is not limited to, proof of the presence of usable furniture, office equipment, retail inventory or other equipment and inventory in the street-level commercial space that is consistent with the structure's intended and/or permitted use, and the regular presence of persons using the street-level commercial space for its intended and/or permitted use. Proof of physical occupancy must also include documentation of occupancy, which may include, but is not limited to, an executed lease agreement, or valid State and local business licenses indicating the subject space is the official business address of the person or business entity claiming occupancy.
G. 
The determination of the number of vacant commercial spaces a structure contains for purposes of registration will be made by the Planning Officer but will primarily be based upon the number of separate doorways provided to access each suite. The number of vacant commercial spaces will be determined by the physical areas that have separate entrances to the commercial space from a public entry or a joint tenant corridor and/or entry to the commercial space.
H. 
The provisions of this chapter shall not apply to a vacant commercial space if the window display area space is the subject of a current, valid building permit for repair or rehabilitation and the responsible person provides proof to the Planning Officer, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay.
(Ord. 21-501 § 9)
Whether or not a vacant commercial space is registered pursuant to this chapter, if any commercial space within the Commercial Zoning Districts has been unoccupied for more than 90 consecutive days at the time the ordinance codified in this chapter becomes effective or any time thereafter, then responsible persons shall immediately construct and/or install at least one of the following types of displays on or inside all ground-floor windows that face sidewalks, streets, alleys, or public open spaces:
A. 
Faux window dressings containing goods or services with the visual characteristics of a vibrant business using background panels or other methods to screen views of the unoccupied space from the street, sidewalk, parking lot and courtyard areas;
B. 
Works of art, including paintings, sculptures, or other examples of fine arts, or other displays of cultural, historical, or educational value, utilizing colorful and vibrant materials, and using background panels or other methods to screen views of the unoccupied space from the street, sidewalk, parking lot and courtyard areas;
C. 
Paintings applied directly to the window surface featuring visually appealing, colorful, vibrant scenes, shapes, or images shall be visible on all street, sidewalk, parking lot and courtyard areas; or
D. 
Other measures consistent with these examples, if approved in writing by the Planning Officer, in his or her discretion. Displays should cover 80% to 100% of the window. If the display does not cover the entire window, the unoccupied (or vacant) space should be screened to obscure it.
Prior to installation, the Planning Officer shall review a plan prepared by the responsible person to assure that the plan will adequately comply with subsections A through D above.
(Ord. 21-501 § 9)
A. 
A responsible person shall be designated during the registration process and shall pay the initial registration fee and monthly inspection fee for each registered vacant commercial space that is separately owned or leased. In the case of a newly constructed or remodeled building in which individual spaces are not separately owned or leased, a single initial and monthly inspection fee shall be paid to cover all commercial spaces within the building. At least one responsible person must pay an initial registration fee to the Town at the time the space is registered and must pay an annual renewal registration fee by January 1st each following year that the space or spaces remain vacant. Registration fees will not be prorated. These registration and fee requirements are applicable to any vacant commercial space in the commercial districts at the time the ordinance codified in this chapter becomes effective or any time thereafter. The fee associated with initial registration fee and the monthly inspection fee shall be included in the Town's Master Fee Schedule.
B. 
The fees are intended to recover the costs of administering this chapter and may be changed by resolution of the Town Council accordingly.
(Ord. 21-501 § 9)
Registration and inspection fees are a debt to the Town. If a responsible person fails to pay any fee imposed pursuant to this chapter by the due date, the Town is authorized to take action to collect the registration fee including a 10% per month late payment penalty and its costs of collection, including attorneys' fees, by use of any and all available legal means; in which case such penalties and costs incurred by the Town as a result of the collection process will be assessed to the responsible person or responsible persons in addition to the registration fee. Collection of delinquent fees pursuant to this section is not exclusive to any other legal remedy available to the Town to enforce the terms of this chapter or to recover a debt owed to the Town.
(Ord. 21-501 § 9)
Responsible persons for any registered vacant commercial space shall advise the Planning Officer or designee, in writing, of any changes to the information on the registration form within 30 consecutive days of the occurrence of the change.
(Ord. 21-501 § 9)
The Planning Officer is authorized to conduct inspections to enforce the provisions of this chapter.
(Ord. 21-501 § 9)
A. 
The Town may enforce the provisions of this chapter by any of the provisions of the Yountville Municipal Code, which are in addition to any other remedies provided for by law. Said remedies shall be cumulative and not exclusive.
B. 
It is unlawful for any responsible person to violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and every day they commit, continue or permit a violation of any provision of this chapter.
C. 
Any responsible person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction, shall be punished as set forth in Government Code Section 36900 or the provisions of the Yountville Municipal Code, as it now exists or may hereafter be amended.
D. 
All responsible persons are jointly and severally responsible with respect to compliance with all provisions of this chapter and for any payments required to be made to the Town under this chapter, including, but not limited to, registration fees, late penalties, and costs of collection and enforcement, including attorneys' fees and costs. If the commercial space is subject to a lease, the Town shall have discretion to determine whether to enforce this chapter against the commercial space owner, the tenant, or both of them.
(Ord. 21-501 § 9)