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)
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)
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)