All vacant property shall be maintained in a non-blighted, safe,
and secure condition, consistent with the requirements of this Chapter.
It is the purpose and intent of the Council, through the adoption
of this Chapter, to establish a vacant property maintenance program
as a mechanism to protect the Santa Monica community from becoming
blighted through the lack of adequate maintenance and security of
vacant properties.
(Added by Ord. No. 2758CCS, 9/26/2023)
This Chapter shall apply to all vacant or substantially vacant real properties located within the boundaries of the City of Santa Monica, regardless of zoning designation. This Chapter shall not apply to a property or building that is actively being sold or offered for rent provided it is maintained in strict compliance with the provisions found in Chapter 13.02 of this Code.
(Added by Ord. No. 2758CCS, 9/26/2023)
If a word is not defined in this Chapter or other specific provisions
of the Santa Monica Municipal Code, the most common dictionary definition
is presumed to be correct:
means any low plant that conceals the bare ground and protects
the topsoil from erosion or drought. Examples include, but are not
limited to, grass, moss, thyme, and clover.
means any non-vegetative feature or manmade material that
is incorporated into a landscape. Examples include, but are not limited
to, pavers, stone, bricks, wood chips, and decomposed granite.
means the same as defined in Section 9.51.020 of this Code.
means a minimum of one-quarter-inch thick clear or semi-clear
shatter-proof polycarbonate material with strength capable of sustaining
impact without breaking or shattering, absent excessive force.
means any live vegetation that is incorporated into landscaped
areas.
means any property where fewer than thirty-five percent of
the units are occupied.
means any property that is substantially vacant, unoccupied,
or abandoned for more than ninety days, or where construction, pursuant
to an active building permit, is not taking place or where an inspection
by the Building and Safety Division, pursuant to an active building
permit, has not been conducted within the previous ninety days.
(Added by Ord. No. 2758CCS, 9/26/2023)
(a)
Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02, and in such a way that it will not become a public nuisance.
(b)
A valid Trespass Arrest Authorization shall be kept on file
with the Santa Monica Police Department empowering the Police Department
to remove all unauthorized persons from the property. The Trespass
Arrest Authorization shall be kept current and effective during the
period of vacancy.
(c)
General Maintenance Requirements. Vacant properties shall be actively maintained, monitored and secured in compliance with all property maintenance provisions found in Chapter 13.02, and all of the following standards:
(1)
The property shall be inspected weekly by the property owner,
property manager, or their designee.
(2)
Landscaping.
(A)
The property shall be kept cleaned, watered and
free of weeds;
(B)
Dead or dying plant material shall be removed;
(C)
Groundcover vegetation shall not be permitted to
grow taller than six inches;
(D)
Groundcover, hardscape, or softscape shall be installed
and maintained on all vacant property throughout the duration of the
vacancy. Such landscaping is subject to the approval from the Community
Development Director, or designee, and shall comply with the following:
(E)
Landscaping that contributes to an unsafe condition
on the property shall be eliminated or trimmed to the satisfaction
of the Director.
(3)
Notwithstanding Section 9.21.050 of the Code, for vacant properties, all hedges, bushes, and shrubs shall be maintained no higher than forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property.
(4)
Trees shall be pruned and maintained regularly to remove any
overgrowth, or dead or dying branches and leaves. Adequate irrigation
shall be provided to ensure the continued health and growth of all
hedges, bushes, shrubs, and trees.
(5)
Drainage. All premises shall be maintained so as
to prevent the accumulation of stagnant water when such water causes
a hazardous or unhealthy condition, becomes a breeding area for insects,
or which is causing soil erosion or damage to foundation walls.
(6)
All trash, debris, rubbish, discarded furniture or defective
or discarded equipment or appliances or items of similar nature shall
be removed from the property.
(7)
"No Trespassing" signs shall be posted and displayed along all
street or alley facing property frontages and visible to the public.
The sign must be no smaller than seventeen by twenty-two inches in
size, with lettering no smaller than one inch in height.
(8)
Additional signage may be required by the Director to include
the name and phone number of an individual that can promptly respond
to complaints regarding the property.
(9)
As determined by the Director, any vacant property may be required
to be enclosed by a six feet tall and non-view-obscuring fence that
is made of wood, wrought iron, or similar materials. This provides
for clear and open visibility of the vacant property while providing
an additional measure of security. The fence must be self-supporting
and may not be attached to any part of adjacent property without the
adjacent owner's written permission. The fence's location, type, and
method of installation is subject to the approval of the Director
or their designee, before installation; provided, however, that in
no event shall the fence be a temporary fence made of chain-link,
unless the property is actively being developed pursuant to a current
and valid building permit.
(A)
Fences shall be safe, structurally sound, and uniform
or compatible in color and structure; they shall be maintained so
that they do not constitute a hazard, blight, or condition of disrepair.
Examples of hazards, blight or conditions of disrepair include, but
are not limited to, leaning fences or walls, fences or walls that
are missing slats or blocks, that exhibit rot, damage, graffiti, peeling
paint, or deterioration of paint or materials. All unauthorized postings
and graffiti shall be immediately removed or painted over.
(B)
Missing or damaged fencing shall be repaired or
replaced within seventy-two hours of such damage occurring.
(C)
All gates or entrances to vacant property shall
be equipped with a combination lock. The current combination shall
be provided to the Santa Monica Police Department on the Trespass
Arrest Authorization Form.
(10)
Exterior Insect, Rodent and Animal Control. All
premises shall be kept free from insect and rodent infestation and
other noxious pests. This provision shall not require action to disturb
the natural or cultivated activity of bees, rabbits, or other insects
and animals where such activity is not a danger or nuisance to any
resident or residents of the area, and where other applicable legal
requirements are met. Pest and rodent infestation shall be abated
on the property and documentation shall be provided verifying the
abatement from a licensed professional.
(11)
The property shall be kept free of parked, abandoned, or inoperable
vehicles except where a parking permit or other appropriate approval
has been obtained from the City.
(12)
Utility services, including gas, water, and electricity, shall
be disconnected upon the property becoming vacant.
(13)
Any swimming pool on a vacant property shall be drained, kept
free of standing water, and comply with following:
(14)
Motion-activated security lighting in accordance with SMMC Section 9.21.080 (Lighting) may be required to be installed and maintained in working condition at all entrances and exits of the property to the satisfaction of the Director from dusk until dawn.
(15)
Motion-activated video surveillance cameras may be required
to be installed and maintained in working condition that provide two-way
communication and mobile live-view video to the satisfaction of the
Director.
(16)
Additional building locks and entry control including bars on
windows shall be installed and maintained as determined by the Director
to prevent unauthorized access to the property and any structure.
(17)
Documentation shall be provided that adequate security is provided
by onsite security personnel, roaming security patrol, or some other
means; and twenty-four hours seven day a week security may be required
as determined by the Director. All curtains, blinds, and window coverings
shall be removed from all windows located on the ground level of a
structure allowing for a clear view to the interior of vacant buildings
and units.
(18)
The property shall be inspected each week and these inspections
documented and submitted in writing to the satisfaction of the Director.
These reports shall include the dates of the inspections, a list of
any issues that were found and needed to be corrected, and time and
date stamped photos of the property showing the overall conditions
of the entirety of the property.
(19)
The Director may require increased frequency of inspections
if it is determined that doing so is necessary to safeguard the community
from impacts that are injurious to public health, safety, and general
welfare, or where the property becomes attractive to unauthorized
persons and trespassers.
(20)
All furniture and personal property shall be removed from the
interior of vacant buildings.
(21)
Approved address numbers shall be provided for all vacant properties
and buildings in such a manner as to be plainly visible and legible
from the street or road fronting the property.
(d)
Securing of any or all structures by boarding unsecure windows, doors, and other openings with sheeting material shall be done in accordance with this Section. All buildings and structures upon the property shall be secured, locked, and closed as determined and approved by the Director and the Building Official. With the exception of the exterior access door required in subsection (d)(1) below, all first-story doors and windows facing any street or alley shall be secured using sheeting material. First-floor doors and windows not facing any street or alley may be secured using plywood that meet the specifications found in subsection (d)(2) below. As used herein, "sheeting material" or "sheeting" means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force.
(1)
Exterior Access Door. At least one exterior door
shall allow authorized persons access to the interior of the residential
property. Such exterior access door may be secured by using:
(A)
A solid core wood or steel door with no windows
or other openings in the door; or
(B)
Hinged sheeting material or three-quarter-inch
plywood attached to the door entry with three case-hardened strap
hinges of the type specified by the Building Official and the sheeting
material or plywood shall be secured by at least two case-hardened
steel hasps and minimum two-inch case-hardened padlock also of the
type specified by the Building Official.
(2)
Use of Plywood.
(A)
Plywood may only be used to secure doors and windows
not facing a street or alley and shall be painted in a color consistent
with the exterior of the dwelling unit. Plywood may be used for no
more than thirty days to repair damage or vandalism to street and
alley-facing doors and windows. After thirty days, sheeting material
shall be installed.
(B)
Plywood used to secure vacant properties shall
be of unsanded CDX grade and shall have a minimum thickness of one-half
inch for window openings, five-eighths inch for door openings and
three-quarter inch for sliding door and French door openings.
(C)
Unless otherwise granted a variance by the Director
from strict compliance herewith, materials such as oriented strand
board (OSB), medium density fiberboard (MDF), particle board, wafer
board, Masonite34, or other similar material shall not be used to
secure vacant or abandoned buildings or structures.
(D)
Plywood used to secure vacant properties shall
be installed in accordance with presently applicable FHA-standards
or as determined by the Building Official.
(3)
Property that remains vacant for more than ninety days shall
secure all windows, doors, and other openings in accordance with this
Section.
(4)
Sheeting material shall be installed in a manner intended to
provide an appearance approximating glass in the window casings, and
consistent in appearance with the surrounding surface in the case
of all other openings that require securing.
(5)
Security bars, laminate, or other methods approved by the Director
and Building Official shall be installed on all windows.
(6)
Only exterior-grade screws and round-head plated carriage bolts
shall be used to secure a vacant property. Nails shall not be used.
(e)
A unit that is vacant in a substantially vacant multiple-unit
dwelling property and is not currently being offered for use as a
residence shall be secured and locked, or otherwise made in accessible
in accordance with this Section.
(Added by Ord. No. 2758CCS, 9/26/2023)
(a)
Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.
(b)
The City's authority to prosecute violations of this Chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 13.06 (Abatement of Nuisances) and shall be entitled to recover any costs from the property owner associated with monitoring, inspecting, and securing the subject property to meet the requirements of this Chapter.
(Added by Ord. No. 2758CCS, 9/26/2023)
The Director is authorized to waive or modify any standard or
condition found in this chapter if it is determined that, under the
particular factual circumstances, the change is warranted to safeguard
the property or the surrounding community from impacts that are injurious
to public health, safety and general welfare or to the stability of
real property so as to interfere with the comfortable enjoyment of
life or property, nor become attractive to unauthorized persons, including,
but not limited to, juveniles and transients, nor constitute a health,
fire or safety hazard. Requests for such waivers and modifications
shall be submitted on a form provided by the City. In making this
determination, the Director shall consider:
(a)
The history of unlawful activity and calls for service at this
property;
(b)
The overall condition of the property and structures;
(c)
The willingness of the property owner to comply with City requests;
(d)
The likelihood that the change will result in improved protection
of the property and the public writ large; and
(e)
Any other evidence pertaining to the property and its owners,
or the effects of the proposed change.
(Added by Ord. No. 2758CCS, 9/26/2023)
