A.
The
Council finds that neglected, vacant, and abandoned properties are
a major source of blight in residential and nonresidential neighborhoods,
especially when owners or responsible persons fail to maintain and
manage those properties in a manner that ensures they do not become
a liability to the surrounding community. Vacant buildings often attract
transients and criminals, including drug users and prostitutes. Use
of vacant, unsecured buildings by transients and criminals, who may
employ primitive cooking or heating methods, creates a risk of fire
for the building and adjacent properties and presents a dangerous
attractive nuisance to children. Vacant properties are often used
as dumping grounds for drug paraphernalia, furniture, tires, garbage,
junk and debris, and are frequently overgrown with weeds and vegetation.
In addition, the presence of vacant buildings that are simply boarded
up for long periods of time to prevent entry by transients or vandals
very often discourages economic development and encourages graffiti,
disrupting neighborhood stability, retarding appreciation of property
values, and promoting blight conditions. As a result, neighboring
property owners and occupants are denied full use and enjoyment of
their property.
B.
The
City currently expends vast resources monitoring and responding to
the numerous health, welfare, safety, and economic problems caused
by neglected, vacant properties. Because there is already a significant
cost to the City for monitoring these properties, as well as a substantial
toll on the citizens who are affected by the nuisance conditions created,
the City Council finds there is an urgent need to implement a process
by which these buildings are monitored and the costs borne by the
owners of these properties, rather than the community.
(Prior code § 14-520; Ord. 009-08 C.S. § 2)
For the purposes of this chapter, the following terms shall
have the meanings indicated below.
means any residential property in the City that is vacant
or shows evidence of vacancy and:
Is under a current notice of default and/or notice of trustee's
sale, pending tax assessor's lien sale; and/or
Was the subject of a foreclosure sale where the title was retained
by the beneficiary or trustee of a deed of trust involved in the foreclosure
who is the current owner of the property; and/or
Was transferred to the current owner under a deed in lieu of
foreclosure or sale.
means any building or structure that is in violation of any condition referenced in Chapter 15.28, Abatement of Dangerous Buildings Code.
means the failure to fulfill a contractual obligation, monetary
or conditional.
means any condition that on its own or combined with other
conditions present leads any person authorized to enforce this code,
in his or her reasonable discretion, or would lead any other reasonable
person to believe that the property is vacant. Such conditions include,
but are not limited to: overgrown and/or dead vegetation, accumulation
of newspapers, circulars, flyers, and/or mail, past due utility notices
and/or disconnected utilities, accumulation of trash, junk and/or
debris, the absence of window coverings such as curtains, blinds and/or
shutters, the absence of furnishings and/or personal items consistent
with residential habitation, statements by neighbors, passersby, delivery
agents or government employees that the property is vacant.
means any person, co-partnership, association, corporation,
or fiduciary having a legal or equitable title or any interest in
any real property.
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 improved real property, or portion thereof, situated
in the City, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchange as "residential" whether or not it is
legally permitted and/or zoned for such use.
means such measures as may be directed by the director of
planning or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to
the repairing of fences and walls, chaining or padlocking of gates,
the repair or boarding of door, window and/or other openings. Boarding
shall be completed to a minimum of the current HUD securing standards
at the time the boarding is completed or required.
means any building or structure that is unoccupied or occupied
by unauthorized persons whether or not it is secured or boarded.
(Prior code § 14-521; Ord. 009-08 C.S. § 2)
The following acts and conditions, when performed or existing
upon any lot or parcel within the City, are declared to be unlawful
and are defined as and declared to be public nuisances per se that
are injurious to the public health, safety, and welfare.
A.
Buildings
or structures that are under construction or rehabilitation and are
not completed during the term of a valid building permit or building
permit extension issued by the director of planning or his or her
designee.
B.
Unoccupied
buildings or structures that have been left unlocked or otherwise
open or unsecured from intrusion by persons, animals or the elements.
C.
Buildings
or structures for human use or occupancy that have been left vacant
for more than 180 days, unless one of the following applies:
1.
The
building or structure 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 or structure complies with all codes adopted by the City,
does not otherwise constitute a public nuisance, is ready for use
or occupancy and is actively being offered for sale, lease or rent.
D.
Every
owner, occupant or person having charge or control of a building,
structure, or property is liable for violations of this chapter regardless
of any contract or agreement with any third party.
(Prior code § 14-522; Ord. 009-08 C.S. § 2)
Every owner, lessee, occupant, or person having charge or control
of buildings, structures, or property within the City is required
to maintain the building, structure or property subject to the following
maintenance requirements.
A.
Any
condition causing the property to constitute a dangerous building
shall be immediately remedied.
B.
Properties
must be kept free of weeds, dry brush, dead vegetation, trash, junk,
debris, building materials, any accumulation of newspapers, circulars,
flyers, notices, except those required by Federal, State or local
law, discarded personal items including, but not limited to furniture,
clothing, large and small appliances, printed material or any other
items that give the appearance that the property is abandoned.
C.
The
property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
D.
Visible
front and side yards shall be mowed, landscaped and otherwise to the
satisfaction of the director of planning or his or her designee. Landscape
includes, but is not limited to, grass, ground covers, bushes, shrubs,
hedges or similar plantings, decorative rock or bark or artificial
turf or sod designed specifically for residential installation. Weeds,
gravel, broken concrete, asphalt, decomposed granite, plastic sheeting,
mulch, indoor-outdoor carpet or any similar materials are not acceptable
landscaping. Maintenance of landscaping includes, but is not limited
to, regular watering, irrigation, cutting, pruning and mowing of required
landscape and removal of all trimmings.
E.
Pools
and spas shall be kept in working order so the water remains clear
and free of pollutants and debris, or shall be drained and kept dry.
F.
The owner of any vacant building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall rehabilitate the boarded building for occupancy, in accord with all applicable codes and regulations, within 180 days after the building is boarded, except as provided in Section 15.32.030 of this code.
Adherence to this section does not relieve the property owner
of any obligations set forth in any covenants, conditions and restrictions
and/or homeowners' association rules and regulations which may apply
to the property.
(Prior code § 14-523; Ord. 009-08 C.S. § 2)
Any property in the City classified as abandoned or vacant shall
be subject to the following security requirements.
A.
All
windows, doors (walk-through, sliding and garage), gates and any other
opening of such size that it may allow a child to access the interior
of the property and or structure(s) shall be secured so as to prevent
access by any unauthorized person. In the case of broken windows,
securing means the re-glazing or boarding of the window.
B.
Pools
and spas shall be fenced or otherwise secured to prevent access or
use by any unauthorized person.
C.
The
property shall be posted with name and 24-hour contact phone number
of a local property management company. The posting shall be no less
than four inches by six inches and shall contain, along with the name
and 24-hour contact number, the words "THIS PROPERTY MANAGED BY_______________"
and "TO REPORT PROBLEMS OR CONCERNS CALL _______________." 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 to the
front of the property so it is visible from the street or, if no such
area exists, 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 but not readily accessible to vandals. Exterior posting must
be constructed of and printed with weather-resistant materials.
(Prior code § 14-524; Ord. 009-08 C.S. § 2)
The owner shall inspect the abandoned or vacant property on
a monthly basis, or more frequently if required by the director of
planning or his or her designee, to ensure that the property is in
compliance with the requirements of this chapter and any other applicable
laws.
(Prior code § 14-525; Ord. 009-08 C.S. § 2)
A.
The
owner shall comply with all applicable laws and codes, including zoning,
historic preservation, housing, and building codes.
B.
If
the owner of a vacant property is a corporation, limited liability
company or similar entity or is an "out-of-area" beneficiary, trustee,
or owner, the owner shall contract with a property management company
to ensure that the requirements of this chapter, and any other applicable
laws, are being met.
C.
The
Chief of Police or his or her designee(s) shall have the authority
to require the owner of any property subject to this chapter to implement
additional maintenance and/or security measures including, but not
limited to: securing any or all door, window or other openings, installing
additional security lighting, increasing on-site inspection frequency,
employment of an on-site security guard or other measures as may be
reasonably required to arrest the decline of the property and prevent
the maintenance of an attractive nuisance.
(Prior code § 14-526; Ord. 009-08 C.S. § 2)
Nothing in this chapter shall preclude the City from demolishing
any building on the property or taking any other action authorized
by this chapter, or other provisions of this code, or applicable law.
(Prior code § 14-527; Ord. 009-08 C.S. § 2)
Any person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section 1.32.040.
(Prior code § 14-528; Ord. 009-08 C.S. § 2)
A violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, or corporation that violates any provision of this chapter shall be subject to prosecution and administrative enforcement, in accordance with the provisions of Title 1.
(Prior code § 14-529; Ord. 009-08 C.S. § 2)
