Note: Prior ordinance history: Ord. 1180.
This Chapter is adopted pursuant to the City's police powers as set forth in Article XI, § 7 of the California Constitution for the purpose of eliminating blight; improving aesthetics; and preserving private property values throughout the City. Toward that end, the City Council finds as follows:
A. 
That the City historically requires well-kept properties and strict enforcement of property maintenance, building regulations and zoning restrictions; that the property value and general welfare of this community are founded, in part, upon the appearance and maintenance of properties;
B. 
Failure to maintain existing properties in the manner required by this Chapter constitute public nuisances;
C. 
Unless the City requires the matters set forth in this Chapter to reduce public nuisances identified by this Chapter, the property value and social and economic standards of this community will be substantially depreciated. Abating the public nuisances identified in this Chapter will enhance the environment of the residents of the City; and
D. 
Requiring fencing, irrigation and landscaping is reasonably related to reducing crime and alleviating blight associated with existing vacant properties and ensuring that the property value of adjacent properties is not adversely affected.
(Ord. 1375 § 6, 5/13/19)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter:
"Director"
means the City Manager or designee.
"Evidence of vacancy"
means any condition that on its own, or combined with other conditions present, constitute a public nuisance. For example, and without limitation, overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings; the absence of furnishings or personal items, or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; or unregistered or inoperative vehicles.
"Responsible party"
means any person who has title to or control over real property including, without limitation, every owner, owner of record, beneficiary, lien holder, trustee, servicing company, real estate agent, and property management company, as well as any person acting on behalf of another responsible party.
"Securing"
means and includes such measures as may be directed by the Director that assist in rendering real property inaccessible to unauthorized persons including, without limitation, the repair of fences, walls, and other barriers, chaining or pad locking of gates, or the repair or boarding of doors, windows, or other openings.
(Ord. 1375 § 6, 5/13/19)
A. 
For purposes of this Chapter, a "vacant property" means any real property that is either:
1. 
Undeveloped; or
2. 
Has an existing on-site structure or other improvement including, without limitation, improved parking lots and spaces, that is either abandoned, vacant or unleased by the responsible party for more than 90 days.
B. 
Unimproved Vacant Lot Types. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the real property becoming vacant.
C. 
Maintenance for All Vacant Properties. Upon approval of a landscape and irrigation plan, a vacant property must always be improved and maintained in accordance with the plan approved by the Director and the following provisions:
1. 
A landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or other public rights-of-way.
2. 
Landscaped areas must be planted with natural, drought-tolerant vegetation consisting of a combination of trees, shrubs, and groundcover, subject to approval of the Director. Such landscape materials must maintain a minimum height of two feet. Durable, high quality, synthetic turf may also be used as an alternative.
3. 
A wrought iron, Kentucky fence, or other suitable fencing material approved by the Director must be located behind all required perimeter landscaping. The fencing height must comply with Section 17.72.060 of this Code. All fences and barriers must be provided with a gate to allow access to the vacant property for emergency access.
4. 
The vacant property must be improved with an operable automatic irrigation system for the ground cover which must always be installed and maintained in good condition by the responsible party.
5. 
The vacant property must always be maintained free of litter, weeds, graffiti, debris, and the stockpiling of any material. The responsible party must inspect the property at reasonable intervals and taking other steps to reasonably ensure that no litter, weeds, graffiti, debris or materials stockpiling collects or is maintained on the property.
6. 
Any dead or dying vegetation as well as any broken, malfunctioning irrigation components on the property must be replaced by the responsible party within 72 hours of discovery or notification by the City. The responsible party must inspect the property at reasonable intervals and take other steps to reasonably ensure that there is no dead or dying vegetation nor any broken, malfunctioning irrigation components on the property.
7. 
All perimeter fences and barriers must be maintained in good condition at all times by the responsible party. Any on-site graffiti must be removed by the responsible party within 24 hours of discovery or notification by the City. The responsible party must inspect the property at reasonable intervals for any on-site graffiti and take other steps to reasonably ensure that there is no on-site graffiti.
8. 
The vacant property must always be adequately secured to prevent illegal dumping, criminal activity, vandalism, graffiti, trespassing and any and all other attractive nuisances to the satisfaction of the Director.
D. 
Improved Vacant Property Types. Vacant properties improved with existing on-site buildings or structures that are vacant, abandoned, or unleased for 90 days or more as determined by the Director, must be improved and maintained at all times in the same manner as set forth in Subsections (C)(4), (5), (6), (7) and (8) of this section. In addition, such properties must be maintained as follows:
1. 
All existing on-site landscaping and irrigation must always be maintained in good condition including, without limitation, any conditions of approval applied to the site as part of the approved landscape and irrigation plan.
2. 
All on-site structures must always be maintained in good condition. Damage to any on-site buildings or structures must be abated within 10 days by the responsible party upon discovery or upon City notification. An alternative abatement period may be granted if deemed necessary by the Director, if the responsible party demonstrates that physical improvements towards remedying the site or building reasonably require more than 10 days and only after a written request is received by the responsible party justifying additional time for good cause shown.
E. 
Landscape and Irrigation Plan. Before the City issues a demolition permit on any vacant property in which the construction of a new building, structure, parking lot, or impervious surface is not scheduled to commence within 30 days after demolition, the responsible party must submit a landscape and irrigation plan for review and approval by the Director (with the appropriate plan check fees). The Director may impose any reasonable conditions of approval on the landscape and irrigation plan to ensure that the property will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation improvements to the vacant property, as specified on the plan, must be completed to the satisfaction of the Director within 30 days after approval of the plans.
F. 
Implementation. All vacant properties, regardless of how they became vacant, that are existing at the time this section becomes effective must comply with this section within 60 days of receiving notice from the City alerting the responsible party of the requirements of this section. A reasonable extension of time not to exceed 180 days may be granted by the Director for good cause as determined by the Director. For purposes of this section only, receipt of notice is deemed to have been provided five days after such notice is mailed by first class mail to the responsible party(ies) shown on the last assessment roll of the County. The failure of any person to receive this notice does not affect the validity of any proceedings under this Chapter.
G. 
Exemption. Any vacant property that is undergoing construction or any vacant property for which a building permit has been issued and has not expired is exempt from the requirements of this section. This exemption does not apply to any extensions, modifications or changes to a building permit that extend the building permit beyond the initial expiration period provided by this Code.
H. 
Management Company. The name and 24-hour contact phone number of the local property management company or responsible party must be displayed on the property in a manner sufficient to allow an individual to contact and notify the local property management company or responsible party of any problems or concerns regarding the property. The posting must be placed on the interior of a first floor window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street.
(Ord. 1375 § 6, 5/13/19)
A. 
Vacant property must be secured within 24 hours after becoming vacant, or showing evidence of vacancy, in a manner to prevent access by unauthorized persons, including, without limitation, the closure, locking, or boarding of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property or buildings or structures located thereon (including garage structures or detached accessory structures).
B. 
Windows, doors or other similar openings must be replaced with permanent windows, doors or other fixtures within 10 calendar days of written notice by the City. Window, door, or other similar openings may not be boarded for a period longer than 10 calendar days without prior written approval of the Director and when such approval has been granted, the boarding of any window, door, or other opening must be painted to match the color of the building.
C. 
Responsible parties for any vacant property must submit a "Letter of Agency" (or other similarly entitled authorization) in accordance with Penal Code Section 602(o) to the Director every six months and post "No Trespassing" signs as required and approved by the Director.
(Ord. 1375 § 6, 5/13/19)
A. 
If the responsible party's place of residence or business location is not within 40 driving miles of the subject property, then the responsible party for vacant property must retain the services of a local property management company that is responsible for the security, maintenance, and marketing of that real property. The retention of a local property management company does not relieve the responsible party of any obligations, duties, or responsibilities under this Chapter. A responsible party must provide in writing the name and telephone number of the local property management company to adjoining property owners in case of emergency or other issues that arise in connection with the subject property.
B. 
A responsible party must cause the on-site inspection of any real property subject to registration pursuant to this Chapter to be inspected as required by this Chapter.
C. 
A responsible party must abate any unlawful condition existing on real property subject to registration pursuant to this Chapter within 48 hours after observing or being notified of the unlawful condition. Nothing in this Chapter relieves any responsible party of the need to obtain approvals, permits, or licenses as otherwise required by this Code.
(Ord. 1375 § 6, 5/13/19)
A. 
Responsible parties of a vacant property must register the real property with the Director on forms approved by the Director within 30 days of written notice by the City of the requirements of this Chapter. The failure of any person to receive this notice does not affect the validity of any proceedings under this Chapter.
B. 
Such registration forms must include at least the following:
1. 
Name, telephone number, email address, facsimile and physical street/office address (not a P.O. box) of the owner and responsible party and, if different, the separate mailing addresses of the owner and responsible party; and
2. 
If required by this Chapter, the name, street address, telephone, email address, and facsimile number of a local property management company responsible for the security, maintenance, and marketing of the vacant property.
C. 
The registration forms must be accompanied by an annual registration fee as established by City Council resolution. The initial first year registration fee will be waived if the registration process is initiated by the responsible party.
D. 
The registration and accompanying fee will be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. The registration fee will not be prorated. Subsequent registrations and fees are due January 1st of each year and must be received by the City not later than January 31st of the year due.
E. 
Persons required to register vacant property pursuant to this Chapter must keep such property registered and must comply with this Chapter for the entire time such property remains vacant or shows evidence of vacancy. Persons required to register real property pursuant to this Chapter must also report any change of information contained in the registration within 10 calendar days of the change.
F. 
When a vacant property becomes occupied or title is transferred to another responsible party, the prior owner or prior responsible party must notify the Director in writing within 10 calendar days after the property's occupancy or the transfer of title.
G. 
The new responsible party must re-register the vacant property in accordance with this Chapter within 10 calendar days after the transfer.
H. 
Nothing contained within this Chapter relieves a responsible party from complying with any other applicable law including, without limitation, any contractual obligations it may have pursuant to conditions, covenants, and restrictions recorded against the vacant property.
(Ord. 1375 § 6, 5/13/19)
Violations of this Chapter constitute a public nuisance and a misdemeanor. In addition to the penalties and fines that may be imposed pursuant to Chapters 1.08 and 1.12, the City Attorney is authorized to file a civil action to recover up to $1,000.00 per violation per day from a responsible party.
(Ord. 1375 § 6, 5/13/19)