A.
Title.
This chapter shall be known as the Vacant Structures Ordinance of
Stanislaus County.
B.
Findings.
The board of supervisors finds and declares that vacant structures
attract vagrants, gang members and criminals as prime locations to
conduct illegal activities; that vacant and improperly secured structures
are vulnerable to being set on fire by unauthorized persons; that
vacant structures are a blight and cause deterioration in neighborhoods;
that vacant structures invite dumping of garbage, trash and other
debris; and that vacant structures pose serious threats to the public's
health and safety and therefore constitute public nuisances.
C.
Purpose.
The purpose of this addition to the public nuisance ordinance is to
require that all vacant structures, dwellings, and buildings in the
unincorporated areas of the county are properly secured and boarded
during temporary periods of vacancy pursuant to a permit, and that
structures, dwellings, and buildings do not remain vacant and unoccupied
for appreciable periods of time.
(Ord. CS 902 §1, 2004)
For purposes of this chapter, the following words and phrases
have the following meanings:
A.
"Code
enforcement officer" means the director of the department of environmental
resources or a person designated by the director of the department
of environmental resources to enforce the public nuisance provisions
of this code.
B.
"County
building official" means the county's chief building official, which
shall be the director of planning and community development or designee.
C.
"Deputy
zoning enforcement officer" means a person designated by the director
of the department of environmental resources to enforce the public
nuisance provisions of this code.
D.
"Zoning
enforcement officer" means the director of the department of environmental
resources or a person designated by the director of the department
of environmental resources to enforce the public nuisance provisions
of this code.
E.
"Owner"
means a person, persons, corporation, partnership, limited liability
company, or any other entity holding fee title to the subject real
property. If more than one person or entity owns the subject property,
"owner" refers to each entity holding any portion of the fee interest
in the property, and the owners' obligations in these chapters are
joint and several as to each owner.
F.
"Property"
includes tracts, lots, easements, or parcels of land and any and all
improvements thereon.
G.
"Vacant
structure" means any building, dwelling, or other structures (1) that
is lacking habitual presence of persons who have a legal right to
be on the premises or at which substantially all lawful business operations
or residential occupancy has ceased; and (2) whose doors, windows
or other openings are broken, missing or in such disrepair so as to
allow uncontrolled access to the interior or exposure to the elements.
(Ord. CS 902 §1, 2004; Ord. CS 1089 §16, 2010)
Every owner shall maintain property in accordance with the provisions
of this chapter and correct all violations of the standards listed,
and is liable for violations of this chapter regardless of any contract
or agreement with any third party concerning the property.
(Ord. CS 902 §1, 2004)
It is unlawful for an owner to maintain property or to permit
property to be maintained in such a manner that one or more of the
following conditions are found to exist:
A.
Any
vacant structure that is not secured by boarding in compliance with
this chapter;
B.
Any
vacant structure whose interior contains waste, garbage, trash or
debris;
C.
Any
vacant structure whose premises contain waste, garbage, debris, rubbish,
or excessive vegetation;
D.
Any
vacant structure whose doors, windows, or other openings are secured
by boarding in compliance with this chapter, at any time at which
there is no current and valid boarding permit as required by this
chapter.
(Ord. CS 902 §1, 2004)
Except as provided in this section, the owner shall secure a
vacant structure according to all of the following specifications
and requirements:
A.
Remove
all waste, rubbish, and debris from the interior of the structure;
B.
Remove
all waste, rubbish, debris and excessive vegetation from the premises
surrounding the vacant structure;
C.
Barricade
the unsecured doorways, windows, and exterior openings with a minimum
one-half inch thickness exterior grade plywood, which shall extend
to the molding stops or studs;
D.
Mount
at least two wood stocks of minimum 2x4 inch thickness to the reverse
face of the plywood with a minimum three-eighths inch carriage bold
mated with nuts and two flat washers;
E.
Extend
the stock to a minimum of eight inches on each side of the interior
wall;
F.
Cause
all hardware to be galvanized or cadmium plated;
G.
Paint
all exterior barricade material the predominant color of the structure;
H.
Terminate
all utility service to the dwelling or building by removal of all
meters and termination of electric power at the pole. Compliance with
this provision may be waived by the code enforcement officer or the
county building official as to electric utility services if electricity
is needed to power exterior lighting, an alarm system, or equipment
to be used in connection with the rehabilitation of the dwelling or
building for which there is an active and current building permit;
I.
If applicable,
cap the sewer or septic system in accordance with the Uniform Plumbing
Code in the dwelling or building;
J.
Post
the Premises. One or more metal signs must be posted at or near each
entrance to the dwelling, structure, or building and on fences or
walls as appropriate. The signs must remain posted until the structure
is either lawfully occupied or demolished. Signs must contain the
following information:
DO NOT ENTER. It is illegal to enter or occupy this Building or premises or to remove or deface this notice. Trespasses will be prosecuted. (Stanislaus County Code, Section 2.93.060; California Penal Code, Section 602.)
K.
The
code enforcement officer or county building official may require the
owner to erect a fence that meets the specifications of the building
department or the planning and community development department on
the property where the vacant structure is located. Any fences erected
in accordance with this chapter shall be maintained in a safe condition
without tears, breaks, rust or dangerous protuberances.
L.
In lieu
of requiring the owner to board a vacant structure as set forth in
this chapter, the code enforcement officer or county building official
may allow the owner to board the vacant structure in a manner that
the code enforcement officer or county building official determines
adequately prevents unauthorized entry or vandalism. In any event,
an owner shall post the premises as set forth in this chapter.
(Ord. CS 902 §1, 2004)
A.
Entry
Prohibited. It is unlawful for any person to enter or occupy any structure
or premises that has been posted pursuant to this chapter, except
to repair or demolish the structure under proper permit or for a lawful
purpose authorized by the owner.
B.
Interference
with Notice Prohibited. It is unlawful for any person to remove or
deface any notice posted pursuant to the provisions of this chapter
until the required repairs or demolition have been completed or a
"Notice of Release" has been issued by the code enforcement unit.
(Ord. CS 902 §1, 2004)
A.
No owner
of a vacant structure shall install, place or maintain boards over
the doors, windows or other openings of any vacant structure or otherwise
secure openings by a means other than mentioned previously.
B.
An owner
of a vacant structure must apply to the county building official for
a boarding permit within forty-five days after the structure becomes
vacant.
C.
The
application for a boarding permit shall include all of the following
information:
1.
The
expected period of vacancy;
2.
A
plan for regular maintenance during the period of vacancy;
3.
A
plan and timeline for the lawful occupancy, rehabilitation, or demolition
of the vacant structure, or alternatively, a plan and timeline for
the sale of the property to another person or entity with provision
in the sale for the lawful occupancy, rehabilitation, or demolition
of the structure;
4.
Copy
of current deed.
D.
The county building official will issue a boarding permit required by subsection A of this section upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fees.
E.
The
owner of a vacant structure must board or otherwise secure the vacant
structure in compliance with this chapter within ten days of receiving
the boarding permit. The owner must contact the building department
to schedule an inspection. The county building official will then
confirm through inspection that the boarding or other method of securing
the structure has been completed in compliance with this chapter.
F.
After
issuance of a building permit, the building department shall enter
that information into the tide mark system.
G.
The
boarding permit issued pursuant to this chapter shall authorize the
boarding or other securing of a structure for a period not to exceed
six months from the date of issuance.
H.
The boarding permit may be renewed after the initial period for an additional period not to exceed six months, upon the submission of a written request by the owner of the structure. The submission of the request must occur no later than ten business days before the original permit expires, upon the payment of the required fee and upon confirmation through inspection by the county building official that the boarding or other method of securing the structure has been completed in accordance with this chapter. The request shall include the information required by subsection C of this section.
I.
A boarding
permit may not be extended beyond the renewal period nor may a new
request for the same structure be accepted by the county building
official within one year of the expiration of the prior permit, unless
all of the following occur:
1.
The owner of the structure submits a written application for extension that includes the information required by subsection C of this section.
2.
The
owner of the structure pays the required fees.
3.
The
county building official confirms through inspection that the boarding
or other method of securing the structure has been done in compliance
with this chapter.
4.
Good
Cause for Renewal Exists. "Good cause" shall require a showing by
the owner that the permit renewal is made necessary by conditions
or events beyond the owner's control, such as inability to obtain
financing for repair or rehabilitation, inability to locate suitable
buyers, unanticipated delays in construction or rehabilitation, or
unanticipated damage to the property. In addition, where appropriate,
"good cause" shall also require a showing by the owner that he or
she has exercised reasonable and due diligence in attempting to complete
the needed repair, rehabilitation or correction or in attempting to
sell the property. If the county building official determines that
good cause exists to renew the permit and that all other conditions
are met, the permit may be renewed by the county building official
for a period not to exceed an additional six months, subject to all
of the same conditions imposed on the original renewed permit.
(Ord. CS 902 §1, 2004)
The code enforcement officer and the county building official
are authorized to administer the provisions of this chapter. The code
enforcement officer, deputy zoning enforcement officers, and zoning
enforcement officers are authorized to enforce the provisions of this
chapter.
(Ord. CS 902 §1, 2004)
Any notice and order to abate a violation of this chapter shall be in conformance with the provisions of Section 2.92.030 of this code.
(Ord. CS 902 §1, 2004)
A.
If,
after a notice and order to abate has been issued, a property owner
fails to correct the violation within the time allotted by that notice
and order, the county may seek any remedy allowed under this code.
(Ord. CS 902 §1, 2004)
A.
If, after a notice and order to abate have been issued, an owner fails to comply within the time allowed, the department of environmental resources, code enforcement unit, as the lead department may secure the property, obtain a boarding permit in the name of the owner, erect a fence, and recover costs pursuant to Section 2.92.070.
B.
After securing the vacant structure, the department of environmental resources, code enforcement unit shall notify the owner of the property pursuant to Section 2.92.030(B). The notice shall inform the owner of the following:
1.
The
boarding permit is effective for six months;
2.
Prior
to the expiration of the six-month period, the structure must be lawfully
occupied, rehabilitated or demolished, or alternatively be sold to
another person or entity with the provision in the sale for the lawful
occupancy, rehabilitation or demolition of the structure within the
six-month period;
3.
The
owner must maintain the boarding in a condition that complies with
this chapter;
4.
If
the department of environmental resources, code enforcement unit erects
a fence, the notice will inform the owner that the owner must maintain
the fence in a condition that complies with the provisions of this
chapter.
C.
If the
vacant structure previously secured by the owner or the department
of environmental resources, code enforcement unit in accordance with
the notice and order again becomes unsecured and open to unauthorized
entry, the department of environmental resources, code enforcement
unit may seek compliance by any remedy allowed under this code.
(Ord. CS 902 §1, 2004)
The department of environmental resources, code enforcement
unit may periodically reinspect vacant structures to insure compliance
with this chapter and all applicable order of a court or the board
of supervisors.
(Ord. CS 902 §1, 2004)
Nothing in this chapter prohibits the summary abatement of a nuisance pursuant to the procedures set forth in Section 2.92.095.
(Ord. CS 902 §1, 2004)
All costs incurred by the county in enforcing the provisions of this chapter may be recovered pursuant to the provisions of Section 2.92.070.
(Ord. CS 902 §1, 2004)
The fee for an initial boarding permit, any renewal of a boarding
permit, or a reinspection shall be in an amount approved by the board
of supervisors.
(Ord. CS 902 §1, 2004)
