Vacant buildings are a major cause and source of blight in both
residential and nonresidential neighborhoods, especially when the
owner of the building fails to actively maintain and manage the building
to ensure that it does not become a liability to the neighborhood.
Vacant buildings (whether or not those buildings are boarded), substandard,
or unkempt buildings, and long-term vacancies discourage economic
development and retard appreciation of property values. Vacant buildings
are potential fire hazards and can jeopardize the ability of owners
of neighboring property from securing or maintaining affordable fire
insurance. It is the responsibility of property ownership to prevent
owned property from becoming a burden to the neighborhood and community
and a threat to the public health, safety, or welfare. One vacant
building which is not actively and well maintained and managed can
be the core and cause of spreading blight. It is the purpose and intent
of the city council, through the adoption of this chapter, to define
the responsibilities of owners of, and to establish registration and
monitoring programs for, vacant buildings and properties.
(Ord. O-2008-12 § 1, 2008)
In construing the provisions of this chapter, the following
definitions shall apply:
means any written instrument that transfers or conveys title
to residential real property from one owner to another after a sale,
trade, transfer or exchange.
means a lender participating in a real property transaction
that holds a secured interest in the real property in question identified
in a deed of trust.
means a vacant building or portion of a vacant building whose
doors and windows have been covered with plywood or other material
for the purpose of preventing entry into the vacant building by persons
or animals.
means any structure, including, but not limited to, any residential,
commercial, industrial, or assembly structure, approved for occupancy
on either a lot of record or within a single project approved by the
city pursuant to the city's Zoning Code.
means any person, partnership, association, corporation,
fiduciary or other legal entity that agrees to transfer anything of
value in consideration for real property via an "agreement."
means manager of the city building division for the city
or the designee of the chief building official.
means a recorded instrument that transfers ownership of real
property between parties to a particular deed of trust as follows:
from the trustor, i.e., borrower, to the trustee upon consent of the
beneficiary, i.e., lender.
means an instrument whereby an owner of real property, as
trustor, transfers a secured interest in the real property in question
to a third party trustee, said instrument relating to a loan issued
in the context of a real property transaction. This definition applies
to any and all subordinate deeds of trust, i.e., second trust deed,
third trust deed, etc.
means the material breach of a legal or contractual duty
arising from or relating to a deed of trust, such as a trustor's
failure to make a payment when due.
means any building, structure or real property that is subject
to a current notice of default and/or notice of trustee's sale,
pending tax assessors lien sale, and/or any real property conveyed
via a foreclosure sale resulting in the acquisition of title by an
interested beneficiary of a deed of trust, and/or any real property
conveyed via a deed in lieu of foreclosure or sale, regardless of
vacancy or occupancy by a person with no legal right of occupancy.
means any real property condition that independently, or
in the context of the totality of circumstances relevant to that real
property, would lead a reasonable enforcement official to believe
that a property is vacant or occupied by a person without a legal
right of occupancy. Such real property conditions include, but are
not limited to: overgrown or dead vegetation; accumulation of newspapers,
circulars, flyers or mail; past due utility notices or disconnected
utilities; accumulation of trash, junk or debris; the absence of window
coverings such as curtains, blinds or shutters; the absence of furnishings
or personal items consistent with residential habitation; and/or statements
by neighbors, passersby, delivery agents, government employees that
the property is vacant.
means the process by which real property subject to a deed
of trust is sold to satisfy the debt of a defaulting trustor, i.e.,
borrower.
means an individual or board as designated by the city administrator
to conduct hearings, including appeals hearings, and make decisions
as provided in this chapter.
means within 40 driving miles of the building, structure
or real property in question.
means a recorded instrument that reflects and provides notice
that a default has taken place with respect to a deed of trust, and
that a beneficiary intends to proceed with a trustee's sale.
means in excess of 40 road or driving miles of the subject
property.
means any person, partnership, association, corporation,
fiduciary or other legal entity having a legal or equitable title
or any interest in real property.
means the person holding recorded title to the real property
in question at any point in time when official records are produced
by the Orange County recorder's office.
means 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.
means any person, partnership, association, corporation,
fiduciary or other legal entity holding a deed of trust securing an
interest in real property.
means any owner/borrower identified in a deed of trust, who
transfers an interest in real property to a trustee as security for
payment of a debt by that owner/borrower.
means a building where at least 35% of the total floor area
within the building is not occupied.
(Ord. O-2008-12 § 1, 2008)
(a)
No person, firm, partnership, corporation or other entity shall allow
a commercial or industrial building designed for human use or occupancy
to stand vacant for more than 45 days, unless the owner establishes
by substantial evidence to the reasonable satisfaction of the chief
building official that one of the following applies:
(1)
The building 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 meets all applicable codes, is actively maintained,
and is ready for occupancy, and is actively being offered for sale,
lease, or rent;
(3)
The building does not contribute to and is not likely to contribute
to blight because the owner is actively maintaining and monitoring
the building so that it does not contribute to blight. Active maintenance
and monitoring shall include:
(A)
Maintenance of landscaping and plant materials in good condition,
(B)
Maintenance of the exterior of the building, including, but not limited
to, paint and finishes, in good condition,
(C)
Regular removal of all exterior trash, debris and graffiti,
(D)
Maintenance of the building in continuing compliance with all applicable
codes and regulations,
(E)
Prevention of criminal activity on the premises, including but not
limited to use and sale of controlled substances, prostitution and
criminal street gang activity,
(F)
Windows screened with opaque material that prevents interior space
of the building from being visible from public rights-of-way or public
property,
(G)
Securing the property in a manner so as not to be accessible to unauthorized
persons, including, but not limited to, the replacement of broken
windows and the closing and locking of windows, doors (walk-through,
sliding and garage), gates and any other opening that may allow access
to the interior of the property.
(b)
The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within 90 days after the building is boarded and shall comply with the provisions of subsection (a) of this section.
(c)
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 building or property subject to this chapter to cause, permit, or maintain such building or property in violation of subsections (a) or (b) of this section.
(d)
Upon the expiration of 55 days after a premises becomes a vacant building as defined herein, the owner of a vacant commercial or industrial building shall cause said building to be registered as a vacant building pursuant to the provisions of Section 20.30.040(b) through (i) of this chapter and shall pay the registration fee required per the requirements of Section 20.30.050 of this chapter. Further, the owner of said vacant building shall comply with the provisions of Sections 20.30.060, 20.30.070 and 20.30.080 of this chapter relating to local property management requirements and monitoring.
(e)
Whenever a vacant commercial or industrial building remains vacant for a period of 90 days, in addition to the other requirements of this chapter, the owner, beneficiary or trustee, as the case may be, shall post with the city a bond or similar security in an amount equal to three months estimated costs of blight prevention activities per the provisions of subsection (a)(3) hereof, as estimated by the chief building official.
(Ord. O-2008-12 § 1, 2008; Ord. O-2013-02 §§ 2—4,
2013)
(a)
Each beneficiary and trustee, who holds a deed of trust on a property
located within the city of Placentia, shall perform an inspection
of the property in question prior to recording a notice of default
or similar instrument with the Orange County clerk-recorder's
office. If the property is found to be vacant or shows evidence of
vacancy, as defined by the chapter, it is hereby deemed to be vacant.
(b)
Within 10 days of identification of any vacant property, the beneficiary
and trustee must register the property with the chief building official
on specified forms.
(c)
If the property is occupied but distressed, the trustee and beneficiary
or a designee shall inspect the property on a monthly basis until:
(d)
The registration pursuant to subsection b shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.
(f)
An annual registration fee, adopted in conformance with Section 20.30.050, shall accompany the submission of each registration form. The fee and registration shall be valid for one year from the date of registration. Registration fees will not be prorated.
(g)
This section shall also apply 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.
(h)
Properties subject to this chapter shall remain subject to the annual
registration requirement, security and maintenance standards of this
chapter as long as they remain vacant.
(i)
Any person, partnership, association, corporation, fiduciary or other
legal entity that has registered a property under this chapter must
make a written report to the chief building official of any change
of information contained in the registration within 10 days of the
change.
(j)
The duties/obligations specified in this section shall be joint and
several among and between all trustees and beneficiaries and their
respective agents.
(k)
Whenever a commercial or industrial vacant building remains vacant for a period of 90 days, in addition to the other requirements of this chapter, the owner, beneficiary or trustee, as the case may be, shall post with the city a bond or similar security in an amount equal to three months estimated costs of blight prevention activities per the provisions of Section 20.30.030(a)(3)20.30.030(a)(3) of this chapter, as estimated by the chief building official.
(Ord. O-2008-12 § 1, 2008; O-2013-02 § 5, 2013)
The fee for registering and reregistering a vacant property
shall be set, from time to time, by resolution of the city council.
The amount of the fee charges shall not exceed the reasonable estimated
cost of administering the provisions of this chapter.
(Ord. O-2008-12 § 1, 2008)
(a)
Vacant buildings are a major cause and source of blight in residential
and nonresidential neighborhoods, especially when the owner of the
building fails to maintain and manage the building to ensure that
it does not become a liability to the neighborhood. Vacant buildings
often attract transients and criminals, including drug users. Use
of vacant buildings by transients and criminals, who may employ primitive
cooking or heating methods, creates a risk of fire for the vacant
buildings and adjacent properties. Vacant properties are often used
as dumping grounds for junk and debris and are often overgrown with
weeds and grass. Vacant buildings which are boarded up to prevent
entry by transients and other long-term vacancies discourage economic
development and retard appreciation of property values.
(b)
Because of the potential economic and public health, welfare and
safety problems caused by vacant buildings, the city needs to monitor
vacant buildings, so that they do not become attractive nuisances,
are not used by trespassers, are properly maintained both inside and
out, and do not become a blighting influence in the neighborhood.
City departments involved in such monitoring include the police department,
the development services department, and the public works department.
There is a substantial cost to the city for monitoring vacant buildings
(whether or not those buildings are boarded up), which should be borne
by the owners of the vacant buildings. The fees for a monitoring program
pursuant to the provisions of this chapter shall be separate from
and in addition to any registration fees or administrative penalties
required or otherwise assessed pursuant to the provisions of this
chapter.
(Ord. O-2008-12 § 1, 2008)
(a)
Authority. The chief building official shall be responsible for administering
a program for identifying and monitoring the maintenance of all vacant
buildings in the city. The program shall be documented and regularly
updated. The program shall be available for public review.
(b)
Purposes. The purposes of the monitoring program shall be:
(1)
To identify buildings that become vacant;
(2)
To order vacant buildings that are open and accessible to be secured
against unlawful entry pursuant to Title 20 of this code, including
the building code, or other applicable law;
(3)
To initiate proceedings against the owner of any vacant building
found to be substandard as defined in this title or a nuisance under
any other provision of this code;
(4)
To maintain surveillance over vacant buildings so that timely code
enforcement proceedings are commenced in the event a building becomes
substandard or a nuisance; and
(c)
Fee Imposed. There is imposed upon every owner of a vacant building
monitored pursuant to this chapter, an annual vacant building monitoring
fee in an initial amount as the city council may establish by resolution,
provided that the fee shall not exceed the estimated reasonable cost
of monitoring the vacant building. The fee shall be payable as to
any building, residential or nonresidential, which:
(d)
Fee Waiver. The vacant building monitoring fee shall be waived upon
a showing by the owner that:
(1)
The owner has obtained a building permit and is progressing diligently
to repair the premises for occupancy; or
(2)
The building meets all applicable codes and is actively being offered
for sale, lease, or rent; or
(3)
Imposition of the fee would impose a substantial economic hardship
on the owner or would hinder the rehabilitation of the building.
(e)
Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the Orange County assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection d of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the chief building official within 30 days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The chief building official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The chief building official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.
(f)
Any owner aggrieved by the decision of the chief building official
relating to an application for waiver may appeal the chief building
official's decision to the city council by filing with the city
clerk a written notice of appeal within 10 days of the decision. The
city council shall set a time and place for a hearing of such appeal,
and notice of such hearing shall be mailed, postage prepaid, to the
owner at his or her last known address at least 10 days prior to the
date set for the hearing. The decision and order of the city council
on such appeal shall be final and conclusive.
(g)
If the fee is not paid within 60 days after billing, or within 60
days after the decision of the chief building official or the city
council, the city council may thereupon order that the fee be specially
assessed against the property involved. If the city council orders
that the fee be specially assessed against the property, it shall
confirm the assessment and thereafter said assessment may be collected
at the same time and in the same manner as ordinary real property
taxes are collected and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for
ordinary real property taxes. All laws applicable to the levy, collection,
and enforcement of real property taxes are applicable to the special
assessment.
(h)
The city council may also cause a notice of lien to be recorded.
The notice shall, at a minimum, identify the record owner or possessor
of the property, set forth the last known address of the record owner
or possessor, a description of the real property subject to the lien,
and the amount of the fee.
(Ord. O-2008-12 § 1, 2008)
(a)
If a property is determined to be vacant, and the property is owned
by a corporation and/or out of area beneficiary, trustee, or owner,
a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section,
and any other applicable laws, are being met.
(b)
The property shall be posted with the name and 24 hour contact phone
number of the local property management company. The posting shall
be no less than 18 inches by 24 inches, shall be of a font that is
legible from a distance of 45 feet, and shall contain the following
verbiage:
"THIS PROPERTY MANAGED BY ________," and "TO
REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."
(c)
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
of the front of the property so it is visible from the street. If
no such area exists, the posting shall be 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, and to the extent possible, not
readily accessible to potential vandalism. Exterior posting must be
constructed of, and printed with weather resistant materials.
(d)
The local property management company shall inspect the property
on a weekly basis to determine if the property is in compliance with
the requirements of this chapter. If the property management company
determines the property is not in compliance, it is the company's
responsibility to bring the property into compliance.
(Ord. O-2008-12 § 1, 2008)
(a)
Strict Liability. Any violation of this chapter shall be treated
as a strict liability offense; a violation shall be deemed to have
occurred regardless of a violator's intent.
(b)
Penalty. Any person, partnership, association, corporation, fiduciary,
or other legal entity that owns, leases, occupies, controls or manages
any building or property subject to this chapter, and causes, permits,
or maintains a violation of this chapter as to that property, shall
be liable for administrative penalties as follows:
(1)
On the administrative penalty due date, as determined by a hearing
officer as described in subsection (c) of this section, each responsible
party shall pay an administrative penalty of $1,000.
(2)
In the event that a violation of this chapter addressed by an order
of a hearing officer has not been abated, cured, remedied, and/or
eliminated to the reasonable satisfaction of the chief building official
by the thirtieth day after the administrative penalty due date, each
party subject to said order shall pay a supplemental administrative
penalty of $2,500.
(3)
In the event that a violation of this chapter addressed by an order
of a hearing officer has not been abated, cured, remedied and/or eliminated
to the reasonable satisfaction of the chief building official by the
sixtieth day after the administrative penalty due date, each party
subject to said abatement order shall pay a second supplemental administrative
penalty of $5,000 for each calendar month, or portion thereof, the
building is in violation of the provisions of this chapter.
(c)
Procedure.
(1)
The administrative penalty shall be imposed by a hearing officer upon the recommendation of the chief building official and after the owner shall have been afforded a hearing before the hearing officer. The hearing shall be conducted in accordance with the provisions of Section 20.30.100. In setting the penalty, the hearing officer shall consider the severity of the blighting conditions of the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the hearing officer shall be final.
(2)
The administrative penalty shall be due and payable within 30 days
after the decision of the hearing officer. If the penalty is not paid
within 45 days after the decision of the hearing officer, the city
council may thereupon order that the penalty be a personal obligation
of the property owner or that it be specially assessed against the
property involved. If the city council orders that the penalty be
specially assessed against the property, it shall confirm the assessment
and thereafter said assessment may be collected at the same time and
in the same manner as ordinary real property taxes are collected and
shall be subject to the same penalties and the same procedure and
sale in case of delinquency as provided for ordinary real property
taxes. All laws applicable to the levy, collection, and enforcement
of real property taxes are applicable to the special assessment.
(3)
The city council may also cause a notice of lien to be recorded.
The notice shall, at a minimum, identify the record owner or possessor
of the property and set forth the last known address of the record
owner or possessor, the date on which the penalty was imposed, a description
of the real property subject to the lien, and the amount of the penalty.
(d)
Waiver. The administrative penalty shall be waived if the chief building
official or hearing officer finds that imposition of the penalty would
work a substantial economic hardship on the owner or would hinder
the rehabilitation of the building.
(e)
Nonexclusive Remedy. This section provides a civil penalty remedy that is in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter. The administrative penalty imposed pursuant to the provisions of this section shall be in lieu of the administrative citation penalties imposed pursuant to the provisions of Section 1.10.030 of this code.
(Ord. O-2008-12 § 1, 2008)
(a)
Hearing Officer. The city administrator shall designate a hearing officer to conduct a hearing on any administrative penalty recommended by the chief building official pursuant to Section 20.30.090. The hearing officer shall not be a Placentia city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative penalties imposed, upheld, reduced or overturned by the hearing officer. Each hearing officer shall be subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the city relating to conflicts of interest. The city administrator shall establish all appropriate administrative regulations for implementing this chapter, including the conduct of hearings and rendering of decisions.
(b)
Notice of Hearing. Upon determining that any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter has caused, permitted, or maintained a violation of this chapter as to that property and is subject to an administrative penalty pursuant to Section 20.30.090(b), the chief building official shall furnish written notice to such responsible party(ies) of the reasons for such determination and the date of the hearing before the hearing officer. Such notice shall be mailed by certified mail, postage prepaid, to the last known business or residence address of each responsible party as the same appears in the public records of the city or other records pertaining to the building or property, and shall be posted on the building or property, at least 15 calendar days prior to the date of the hearing. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(c)
Hearing Procedure. The hearing officer shall only consider evidence that is relevant to whether the violation alleged by the chief building official occurred and whether the responsible party has caused, permitted, or maintained the violation. In setting the penalty, the hearing officer shall consider the severity of the blighting conditions of the property and the owner's efforts, or lack thereof, to remedy the problem. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The failure of any recipient of a notice of violation and hearing pursuant to this section to appear at the administrative penalty hearing shall constitute a failure to exhaust their administrative remedies. At least 10 days prior to the hearing, copies of all notices, citations, reports and other documents submitted or relied upon by the chief building official shall be served on each responsible party by mail at least 10 days prior to the date of the hearing in the manner set forth in subsection (c) of this section. No other discovery is permitted. Formal rules of evidence shall not apply. The hearing officer may continue the hearing and request additional information from the chief building official or the responsible party prior to issuing a written decision.
(d)
Hearing Officer's Decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 10 days of the hearing to impose an administrative penalty and shall list in the decision the reasons for that decision. The hearing officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the penalty amounts or limits provided in this chapter. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties. The decision of the hearing officer shall be final. The party served with the notice of violation and hearing pursuant to subsection (b) of this section shall be served with a copy of the hearing officer's written decision. Such notice may be given either by personal delivery thereof to the party to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such party to be notified, at the last known business or residence address of such party as the same appears in the public records of the city or other records pertaining to the building or property. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(e)
Judicial Review. Any person aggrieved by an administrative decision
of a hearing officer pursuant to this chapter may obtain review of
the administrative decision by filing a petition for review with the
Orange County Superior Court in accordance with the timelines and
provisions as set forth in California Government Code Section 53069.4.
(Ord. O-2008-12 § 1, 2008)
