The Council finds that neglected, vacant buildings are a major
cause of blight in residential and nonresidential neighborhoods. Vacant
buildings often attract transients and criminals, including drug users
and prostitutes. Use of vacant buildings by transients and criminals,
who may employ primitive cooking or heating methods, creates a risk
of fire for the vacant building and adjacent properties. Vacant properties
are often used as dumping grounds for drug paraphernalia, furniture,
tires, garbage, junk and debris and are often overgrown with weeds
and grass creating a wide variety of health and safety concerns. In
addition, vacant buildings which are simply boarded up for long periods
of time with plywood or other materials to prevent entry by transients
or vandals very often discourage economic development, disrupting
neighborhood stability, retarding appreciation of property values
and promote visual blight conditions, all of which interfere with
the rights of neighboring property owners and occupants to the full
use and enjoyment of their property.
The City currently expends resources monitoring and responding
to vacant buildings, because of the numerous health, welfare, safety
and economic problems caused by neglected, vacant buildings. There
is already a substantial cost to the City for monitoring neglected,
vacant buildings (whether or not those buildings are boarded up) as
well as substantial toll on the citizens who are affected by the nuisance
conditions created, therefore the City Council finds there is an urgent
need to refine the process by which these buildings are monitored
and remediated.
(§ 2, Ord. 1059, eff. December 7, 2007)
Boarded buildings are a major cause and source of crime and
blight in both residential and nonresidential neighborhoods. In addition,
vacant buildings which are boarded and unkempt, and which are vacant
for long periods of time, discourage economic development and retard
appreciation of property values.
(§ 2, Ord. 1059, eff. December 7, 2007)
For the purposes of this chapter, the term "vacant building"
means an unoccupied or an illegally occupied structure or an occupied
structure without adequate facilities/utilities.
(§ 2, Ord. 1059, eff. December 7, 2007)
For the purposes of this chapter, the term "boarded building"
means an unoccupied building, some or all of whose doors and windows
and other openings have been covered with plywood or other materials
for the purpose of preventing entry into the building.
(§ 2, Ord. 1059, eff. December 7, 2007)
Every owner or responsible person shall maintain their vacant
or boarded building in accordance with all of the requirements set
forth herein. Failure to do so constitutes a violation of this Code
and a public nuisance.
(§ 2, Ord. 1059, eff. December 7, 2007)
All windows, doors and openings shall be secured as per the
board up specifications maintained by the City's Building Department.
All plywood used must be five-eighths (5/8") inch except the
security door which shall be three-fourths (3/4") inch.
(§ 2, Ord. 1059, eff. December 7, 2007)
No responsible party shall allow a building to stand vacant
for more than 60 days, unless one of the following applies:
(a)
The building is the subject of an active building permit and the
owner is progressing diligently to repair the premises for occupancy;
(b)
The building meets all applicable codes in existence at either the
time of its construction or at the time of its alteration or modification
and is actively being offered for sale, lease, or rent;
(c)
The building is being maintained in a safe and orderly manner and
does not contribute to blight conditions;
(d)
Maintenance in a safe and orderly manner shall include:
(1)
Maintenance of any landscaping and plant materials in good condition,
(2)
Maintenance of the exterior of the building, including but not limited
to paint and finishes, in good condition,
(3)
Regular removal of all exterior trash, debris and graffiti,
(4)
Maintenance of the building in continuing compliance with all applicable
codes and regulations.
(§ 2, Ord. 1059, eff. December 7, 2007)
(a)
Fee imposed. There is hereby imposed upon every owner of a vacant
building an annual vacant building monitoring fee in an amount to
be set by resolution of the City Council. 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:
(b)
Fee waiver. The vacant building monitoring fee may be waived by the
Building Official 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.
(c)
Procedure.
(1)
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 County Assessor.
(2)
Any owner billed may apply for a waiver on the grounds set forth
in subsection (b) of this section by submitting a written statement
of the grounds for the waiver, and the owner's daytime telephone
number, to the Building Official within 30 days after the billing
is mailed to the owner. The Building Official shall review the written
statement and may contact the owner to discuss the application for
waiver. The Building Official shall prepare a written decision which
shall be mailed to the owner.
(3)
Any owner who disagrees with the decision of the Building Official
may submit a written notice of appeal to the Building Official within
15 days of receipt of the decision. Failure to timely appeal the decision
of the Building Official relating to a denial of a waiver constitutes
a waiver of all rights to an administrative hearing and determination
of the matter subject only to review pursuant to California Code of
Civil Procedure Section 1094.5.
(4)
If the fee is not paid within 60 days after billing, or within 60
days after the decision of the Building Official or after the decision
upon appeal by the owner becomes final, the fee may be specially assessed
against the property involved and made a personal obligation of the
owner. If the fee is to be specially assessed against the property,
a Hearing Officer, as designated by the City Manager, 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.
(5)
The designated Hearing Officer 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.
(§ 2, Ord. 1059, eff. December 7, 2007)
