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)
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.
B. 
Nothing in this chapter shall be construed as requiring the securing of a vacant structure prior to an abatement of the building under Section 2.92.070 or the State Housing Law.
C. 
If a substandard building becomes a vacant structure before or during abatement under Section 2.92.070 or the State Housing Law, the notice and order to abate may require the securing of the building in accordance with the requirements of Section 2.93.050.
(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)
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)