This chapter contains standards for the maintenance of boarded, vacant, and/or neglected buildings located on private property and an alternative process for abating nuisance conditions caused by such buildings. Northing herein shall diminish or limit the city's authority to enforce other available legal remedies against persons who maintain such nuisance conditions on their property, including, but not limited to, enforcement by other city departments.
(Ord. O2021-07 § 1)
The city council finds as follows:
A. 
Vacant buildings are a major cause of blight in both residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Substandard or unkempt properties, long-term vacancies, and boarded and/or vacant buildings all discourage economic development, negatively affect property values, and may pose a safety risk.
B. 
It is a responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare.
C. 
A structure is not deemed to be vacant for purposes of this chapter if any of the following circumstances exist:
1. 
Any unit or portion of the structure is occupied by a person for legitimate residential purposes;
2. 
Any other structure on the same lot is occupied; or
3. 
Construction or alteration is in progress pursuant to a valid, unexpired building permit.
(Ord. O2021-07 § 1)
It is unlawful and a misdemeanor for any person who owns, controls, or is the responsible agent of a vacant structure to maintain, or cause or permit the maintenance of the vacant structure in a neglected condition.
(Ord. O2021-07 § 1)
A neglected vacant structure shall constitute a public nuisance. A building is neglected if it is in material, repeated, or ongoing violation of this chapter.
(Ord. O2021-07 § 1)
The following words and phrases, whenever used in this chapter, shall be defined as follows:
"Blight"
shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
"Boarded building" or "boarded up"
shall mean a building with doors or windows that have been covered with plywood or other material.
"Director"
shall mean the director of the development services department and/or the police chief. Except as otherwise provided herein, the director and/or designee shall have the authority to enforce the provisions of this chapter. The director may also refer all relevant fire matters to a fire marshal or designee for their analysis and/or enforcement.
"Neglected"
shall mean not maintained in accordance with the provisions of this chapter.
"Nuisance"
shall mean any building that is interfering with the rights of neighbors' use or enjoyment of their property, endangers life, health, or safety, or is offensive to others.
"Owner" (or "owner" or "property owner")
means a person listed on the last equalized tax roll, as maintained by the county of San Joaquin, and/or person designated by the owner who is in charge or control of the vacant building.
"Vacant structure" or "vacant building"
shall mean a residential or commercial building which has remained unoccupied, unsecured, and/or boarded for a period of more than thirty days. It shall also mean any residential or commercial building that is occupied by unauthorized persons for any length of time. The definition includes manufactured housing or mobile homes located in a mobile home park. A building or structure is not deemed to be vacant for purposes of this chapter if construction, alteration, improvements, rehabilitation, or repair is in progress pursuant to a valid, unexpired building permit with inspections occurring at least every six months.
(Ord. O2021-07 § 1)
A. 
All vacant structures shall be maintained in a structurally sound condition.
B. 
All electrical, natural gas, sanitary and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety.
(Ord. O2021-07 § 1)
A. 
All vacant structures shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.
B. 
No vacant structure or portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.
C. 
Heating facilities or heating equipment in vacant structures shall either be removed or maintained in accordance with applicable codes or ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.
D. 
After notice is provided to the owner, the owner must remove all combustible waste material and must secure all waste containers on the property.
E. 
After notice is provided to an owner, the owner must continue to maintain all fire protection systems within the property.
F. 
At the discretion of a fire marshal, the owner may be required to remove certain and/or all heating equipment that may affect the operational condition of the fire protection systems such as the fire sprinkler system.
(Ord. O2021-07 § 1)
A. 
All vacant structures shall be maintained in a way that secures them from any unauthorized entry.
B. 
The owner or responsible agent of a vacant structure which has suffered an unauthorized entry must provide security which meets the following minimum standards:
1. 
All windows and sliding doors shall provide either intact glazing or be boarded as set forth in specifications adopted by the director and on file with the city of Manteca's planning department (within the department of development services);
2. 
Doors and service openings with thresholds located ten feet or less above the grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt or boarded as set forth in the specifications on file with the city of Manteca. Exterior doors, if openable, may be closed from the interior of the structure by toe nailing them to the door frame using 10D or 16D galvanized nails;
3. 
There shall be at least one operable door into each structure and into each housing unit. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or dead-latch; and
4. 
All door locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of three-quarter inch CDX plywood and shall be equipped with a lock as described above.
(Ord. O2021-07 § 1)
All vacant structures and buildings including all adjoining yard areas shall be maintained free of debris, combustible materials, litter, and garbage.
(Ord. O2021-07 § 1)
A. 
All vacant structures must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti.
B. 
All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finishes, in the same color or similar color as the adjoining areas, to weatherproof the vacant structure and to create a sufficient appearance of repair to deter unauthorized occupation.
C. 
The exterior of the property on which a vacant structure is located, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety.
(Ord. O2021-07 § 1)
A. 
The owner of any boarded or neglected building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to commence rehabilitation of the building so that it is no longer blighted, neglected, or in a nuisance condition within thirty days after the building is boarded.
B. 
No person shall allow a building designed for human use or occupancy to stand vacant for more than thirty days, unless one of the following applies:
1. 
The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently (through and/or subject to an inspection every fifteen business days) to complete the repair or rehabilitation;
2. 
The building meets all codes, does not contribute to blight and is ready for occupancy (or in the active process of getting ready for occupancy), or is in the active process to be leased or sold;
3. 
The director determines that the building is no longer neglected and does not contribute to, and is not likely to contribute to, blight because the owner is actively maintaining and monitoring the building. Active maintenance and monitoring shall include:
a. 
Maintenance of landscaping and plant materials in good condition,
b. 
Maintenance of the exterior of the building, including, but not limited to, paint and finishes, in good condition,
c. 
Regular removal of all exterior trash, debris and graffiti,
d. 
Maintenance of the building in continuing compliance with all applicable codes and regulations,
e. 
Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity.
(Ord. O2021-07 § 1)
A. 
Any property owner of a boarded building in violation of this chapter or any owner of a vacant building in violation of this chapter shall commence any corrections or repairs necessary to comply with this chapter within thirty days of the date of the issuance of the notice of violation. The date of the issuance of the notice of violation shall be the date the notice of violation is mailed to the property owner or posted on the property as provided for in Section 8.18.140, whichever is earlier. Provided the property owner reasonably and diligently pursues corrections or repairs to completion (and notices the city of such efforts in writing, consistent with this section), no administrative penalties shall be imposed. In the event the property owner does not request a hearing or commence corrections within thirty days of the date of the issuance of the notice of violation, the city may impose administrative penalties as provided for in Section 8.18.190. In the event the property owner requests a hearing pursuant to Section 8.18.150 to dispute the factual finding(s) of the notice of violation, the thirty-day correction commencement period shall be suspended/stayed from the date of the request until such time as the hearing officer (consistent with Manteca Municipal Code Section 1.10.440) renders a decision. Upon the issuance of the hearing officer's decision, the property owner shall have the balance of the original thirty-day period to commence any necessary corrections or repairs before administrative penalties accrue.
B. 
If the property owner elects to correct a violation, prior to the expiration of the thirty-day correction commencement period, the property owner shall submit a rehabilitation plan to the code enforcement official. The rehabilitation plan shall include the following:
1. 
An in-depth statement outlining the owner's plan for remedying each of the conditions described in the notice of violation as constituting a violation of this chapter.
2. 
The reasonable, expected timeline for completing any necessary corrections or repairs.
C. 
Once the owner commences corrections or repairs, the owner shall work diligently to ensure such corrections or repairs are completed in a timely manner. In no case shall such repairs or corrections take longer than either: (1) forty-five days from the date of the issuance of the notice of violation; or (2) thirty days from the end of the forty-five-day correction commencement period or any extension as provided for in Section 8.18.160, whichever is later. In the event an owner does not comply with this subsection, the city may impose administrative penalties as provided for in this chapter.
(Ord. O2021-07 § 1)
A. 
Summary abatement shall be executed in accordance with all applicable laws when the enforcement official determines that the public nuisance constitutes an immediate and/or imminent peril to public health, safety or general welfare.
B. 
Summary abatement is the abatement of the nuisance by the city, or a contractor of the city, by removal, demolition, repair or other acts with or without notice to the owner, agent or occupant of the property. The abatement shall be at the expense of the person causing, committing or maintaining the nuisance or the owner of the property on which it is occurring and shall constitute a lien against the property.
(Ord. O2021-07 § 1)
Except as otherwise provided herein, the director or designee shall have the authority to enforce the provisions of this chapter.
(Ord. O2021-07 § 1)
A. 
The director or designee shall issue a notice directed to the record owner of the premises. The notice shall contain:
1. 
The street address and such other description as is required to identify the premises.
2. 
A statement specifying the conditions which constitute a violation of this chapter.
3. 
A statement that administrative penalties may begin to accrue upon the expiration of the thirty-day correction commencement period if the property owner does not begin to make corrections or repairs to remedy any violations of this chapter. The statement shall state that the thirty-day correction commencement period begins on the date of the issuance of the notice of violation. The statement shall identify the date of issuance.
4. 
A statement that the property owner must submit a rehabilitation plan specifying how the conditions constituting a violation of this chapter will be remedied and the expected timeline for doing so.
5. 
A statement notifying the property owner that he, she, or it may request a hearing within twenty calendar days of the mailing of the notice to dispute the existence of any violation or to show cause why an administrative penalty should not be assessed in accordance with this code. The statement shall notify the property owner that the thirty-day correction commencement period shall be suspended from the date of a request for a hearing until such time as the hearing officer renders a decision. The hearing officer shall set the hearing not less than ten days nor more than forty-five days on which the copy of the notice of appeal was filed.
6. 
A statement advising the owner that he or she has the option of voluntarily correcting the condition(s) which violate the provisions of this chapter prior to the imposition of administrative penalties. If the owner chooses to correct the conditions, the corrections must be completed prior to the expiration of the thirty-day correction completion period or any applicable, reasonable extension, whichever is later. The owner must advise the code enforcement officer in writing that he or she will correct the conditions and the date of completion. The code enforcement officer or designee will inspect the premises on or soon after the completion date, and if the conditions have been corrected, no administrative penalties will be assessed.
7. 
A statement that any persons in violation of any provision of this chapter is chargeable of a separate offense for each day during which the violation is committed, continued, or permitted.
8. 
A statement notifying the property owner that he or she or it may request an extension.
9. 
The format and template of the notice described herein shall be created by the director or designee and may be updated from time to time at his or her discretion.
B. 
The notice of violation, and any amended or supplemental notice, shall be served either by personal delivery or by return receipt mailing upon the record owner at his or her address as it appears on the latest equalized assessment roll of San Joaquin County, or as known to the code enforcement officer. A copy of the notice and any amended or supplemental notice shall also be posted on the building in a conspicuous place on the front of the building stating the name, address, and phone number of the owner(s) of the property that are available on public records.
(Ord. O2021-07 § 1)
Hearings shall be scheduled and conducted as provided for in Chapter 1.10 of this code. The purpose of a hearing is to allow the owner to dispute the factual findings of the violation(s). Judicial review of administrative orders issued after a hearing may be sought as provided for in Section 1.10.500.
(Ord. O2021-07 § 1)
The city may, upon request of the owner of the premises, grant a thirty-day extension from the expiration of the thirty-day correction completion period for good cause shown. The city may grant one extension for each property in violation of this chapter. Administrative penalties shall not accrue during the extension period. All requests for an extension must be in writing and submitted to the director and/or designee.
(Ord. O2021-07 § 1)
A. 
If the property owner requests a hearing, the hearing officer may, with the consent of the owner, inspect the building and premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the parties before the inspection is made;
2. 
The parties are given an opportunity to be present during the inspection; and
3. 
The hearing officer shall state for the record during the hearing, if requested, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn there from.
B. 
The owner shall have a right to rebut or explain the matters stated by the hearing officer pursuant to subsection A either for the record during the hearing or by filing a written statement within four days after the hearing for inclusion in the hearing record.
C. 
An inspection warrant or the consent of the owner(s) to inspect the building and surrounding properties is required unless such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.
(Ord. O2021-07 § 1)
A. 
Any owner of a boarded building that remains in violation of this chapter beyond the correction completion period allowed for in Sections 8.18.110 and/or 8.18.140 or any extension as provided for herein, whichever is later, shall be liable for administrative penalties. In addition, there shall be assessed a three hundred dollar enforcement response fee each time a building inspector is called to the vacant building site (as discussed in subsection B, below). The following administrative penalties will be imposed per building:
1. 
Any owner of a building that remains in violation of this chapter beyond the initial thirty days shall be liable for an administrative penalty in an amount of one hundred dollars for the first violation; five hundred dollars for the second violation; and one thousand dollars for the third and each subsequent violation.
B. 
Thirty days after the notice of violation (i.e., the end of the correction period set out above), a monthly monitoring fee of three hundred fifty dollars shall be imposed by the city on the owner (in addition to a three hundred dollar enforcement response fee for each time a building inspector is called to the vacant building site) until such time that owner remedies the violations consistent with this chapter. The city may waive such fees if owner demonstrates that she/he/it has taken significant steps in response to the notice to remedy such violation(s), consistent with this chapter.
(Ord. O2021-07 § 1)
A. 
The city shall send a letter each and every time administrative penalties and/or fees are imposed. The administrative penalty and/or fees shall become due and payable within thirty days of the mailing of the letter notifying the property owner of the administrative penalty.
B. 
If the administrative penalty is not timely paid, the city may initiate action to collect the penalty by the remedies and procedures provided for in Chapter 1.10 of this code.
C. 
An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the thirty-first day following the date the penalty is due and payable as provided for in Chapter 1.10 of this code.
D. 
At its election, the city may seek and/or utilize debt collectors to collect the penalties set out herein.
(Ord. O2021-07 § 1)
If, after the thirty-day correction completion period, the person to whom such notice is directed shall fail, neglect, or refuse to obey such notice, the director or designee may institute any appropriate action to abate such conditions on the subject premises which constitute the public nuisance, in addition to the issuance of penalty fines and fees as set forth in Sections 8.18.180 and 8.18.190.
A. 
All city abatement expenses, including, but not limited to, administrative costs and nuisance condition abatement costs shall be billed to the owner and shall become due and payable thirty days thereafter. The cost of such abatement shall be assessed against the property as a lien or made a personal obligation of the owner thereof.
B. 
Any persons in violation of any provision of this chapter is chargeable of a separate offense for each day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1.10, Article III of this code and/or abatement pursuant to Chapter 1.10, Article IV of this code, in addition to any other procedures provided in the city municipal code (including this Chapter 8.18), and/or by state law. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation.
(Ord. O2021-07 § 1)
The procedures set forth herein shall not be exclusive and shall not limit or restrict the city from enforcing other city ordinances and regulations or abating public nuisances in any other manner provided by law, or from precluding the director to referring an appropriate matter to another city department or other government agency for enforcement. Nothing in this chapter shall be deemed to prevent the city council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.
(Ord. O2021-07 § 1)