A.
The
purpose of this chapter is to establish an enforcement program to
address the problem of derelict, abandoned, and vacant commercial
and residential buildings and property within the City in order to
protect the public health, safety, and welfare of the community through
the required maintenance of unkempt, unsightly, unsafe, unsanitary,
and otherwise improperly maintained premises and structures. The program
is intended to protect the City from blight, deterioration, and decay
as a result of properties in a condition or state that potentially
would have an adverse effect on the value, utility, and habitability
of property within the City. In addition to the obvious hazards which
these conditions pose to the public health, safety, and welfare, they
specifically cause damage to adjoining and nearby properties. A property
which is merely unkempt or vacant for long periods may reduce the
value of adjoining and nearby property, and the habitability and economic
well-being of the City may be materially and adversely affected.
B.
The
goal of this chapter is as follows:
1.
To supplement the City Nuisance Ordinance (Chapter 8.16) and further define as public nuisances those conditions which constitute visual blight and which could result in conditions which are harmful or deleterious to the public health, safety and welfare;
2.
To
develop regulations that will promote the sound maintenance of property,
enhance the livability, community appearance, and the social, economic,
and environmental conditions of the community;
3.
To
establish specific guidelines for the correction of property maintenance
violations and nuisances that afford due process, procedural guarantees
to affected property owners, and a limited role of local government
exercising authority in extreme cases of neglect;
4.
To
support responsible environmental practices with the repair and reuse
of existing structures in lieu of demolition of buildings that are
able to be repaired;
5.
To
prevent demolition by neglect of historic properties within the City
as they are deemed to be an economic resource of the City; and
6.
To
encourage neighborhood revitalization through improved property values
and to discourage poor maintenance practices that can lead to increases
in illegal activity and crime (i.e. "broken windows" theory of community
policing).
(Ord. 1229 § 2, 2019)
A.
The
Community Development Director shall be responsible for administering
a program for identifying and monitoring the condition of buildings
and properties within the City.
B.
The
City may take appropriate steps to gain entry into or upon the property
to investigate and/or cause the removal of a nuisance.
(Ord. 1229 § 2, 2019)
A structure or property in violation of the standards identified in this chapter shall be declared a derelict building/property and a nuisance. Derelict buildings or properties are subject to the requirements for Abatement of Nuisances, Housing Receivership, and/or other methods of enforcement available to the City. Derelict buildings enforcement may include demolition by neglect of buildings. Determination of whether a building or property is in violation of this chapter shall be made by the Community Development Director. The Director should consult with the Building Official, Police Chief, Fire Chief, County Public Health Officer, or City Engineer, as necessary, in making this determination. The decision of the Community Development Director may be appealed to the City Commission in accordance with Chapter 15.08 Article 5. Minor infractions of this chapter may be determined by the Community Development Director to be reasonable maintenance deficiencies and not be declared as a nuisance depending on the degree or intensity of the infraction.
(Ord. 1229 § 2, 2019)
This chapter shall not apply to a building and/or properties
that are actively undergoing construction or repair as indicated by
a valid building permit and appearance that the person in charge is
progressing diligently to complete the repair or construction. This
exception does not apply to requirements relevant to public safety
or health concerns.
(Ord. 1229 § 2, 2019)
No person in charge of a property shall maintain or permit to
be maintained any property which does not comply with the requirements
of this chapter and is deemed to be a nuisance and detrimental to
the City. All property shall be maintained to the building code requirements
in effect at the time of construction, alteration, or repair, and
shall meet the minimum requirements described in this chapter.
A.
Accessory
Structures. All accessory structures, including sheds, trellises,
awnings, fences, and other similar features, shall be maintained structurally
safe and sound, and in good repair. Exterior steps and walkways shall
be maintained free of unsafe obstructions or hazardous conditions.
B.
Roofs.
The roof shall be structurally sound, tight, and have no defects which
might admit rain. Roof drainage shall be adequate to prevent rainwater
from causing dampness in the walls or interior portion of the building.
Roof drains, gutters, and downspouts shall be maintained in good repair
and free from obstructions and shall channel rainwater into approved
receivers.
C.
Chimneys
and Towers. All chimneys, cooling towers, smoke stacks, towers, and
similar appurtenances / attachments shall be maintained so as to be
structurally safe and sound, and in good repair. They shall remain
adequately supported and free from obstructions and shall be maintained
in a condition which ensures there will be no leakage or back-up of
noxious gases. They shall be reasonably plumb. Loose bricks or blocks
shall be rebonded. Loose or missing mortar shall be replaced. Unused
openings into the interior of the structure must be permanently sealed
using approved materials.
D.
Foundations
and Structural Members.
1.
Foundation
elements shall adequately support the building and shall be free of
rot, crumbling elements, or similar deterioration.
2.
The
supporting structural members in every structure shall be maintained
so as to be structurally sound, showing no evidence of deterioration
or decay which would substantially impair their ability to carry imposed
loads.
E.
Exterior
Walls and Exposed Surfaces.
1.
Exterior
wall and weather-exposed exterior surface or attachment shall be free
of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions
of the walls or the occupied spaces of the building.
2.
Exterior
wood surfaces shall be made substantially impervious to the adverse
effects of weather by periodic application of an approved protective
coating of weather-resistant preservative, paint, or other approved
coating, and be maintained in good condition.
3.
Exterior
metal surfaces shall be protected from rust and corrosion of an extent
that would substantially impair its ability to carry imposed loads.
4.
Exterior
brick, stone, masonry, or other veneer shall be maintained so as to
be structurally sound and be adequately supported and tied back to
its supporting structure.
5.
Cornices,
belt courses, corbels, terra cotta trim, wall facings, and similar
decorative features shall be maintained in good repair with proper
anchorage and in a safe condition.
6.
Overhang
extensions, including, but not limited to, canopies, marquees, signs,
metal awnings, fire escapes, standpipes, and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be kept
in a sound condition.
F.
Stairs
and Porches. Stair, porch, deck, balcony, and appurtenances / attachments
attached thereto, shall be constructed and maintained so as to be
safe to use and capable of supporting the loads to which they are
subjected and shall be kept in sound condition and good repair, including
replacement as necessary of flooring, treads, risers, and stringers
that evidence excessive wear and are broken, warped, or loose.
G.
Handrails
and Guardrails. Handrail and guardrail shall be firmly fastened, and
shall be maintained in good condition, and capable of supporting the
loads to which they are subjected.
H.
Windows.
Each window shall be substantially weather-tight, shall be kept in
sound condition and repair for its intended use, and shall comply
with the following:
1.
Window
sash shall be fully supplied with glass window panes or an approved
substitute without open cracks and holes.
2.
Window
sash shall be in good condition and fit weather-tight within its frames.
3.
Window
frame shall be constructed and maintained in relation to the adjacent
wall construction so as to exclude rain as completely as possible
and to substantially exclude wind from entering the structure.
I.
Doors.
Exterior doors, door assemblies, and hardware shall be maintained
in good condition, be weather-tight, and substantially exclude wind
and rain from entering the structure.
J.
Hazardous
Materials.
1.
Residential
property shall be free of dangerous levels of hazardous materials,
contamination by toxic chemicals, or other circumstances that would
render the property unsafe.
2.
No
residential property shall be used as a place for the storage and
handling of highly combustible or explosive materials or any articles
which may be dangerous or detrimental to life or health. No residential
property shall be used for the storage or sale of paints, varnishes,
or oils used in the making of paints and varnishes, except as needed
to maintain the dwelling.
3.
Residential
property shall be kept free of friable asbestos.
K.
Exterior
Facilities and Equipment. In addition to other requirements for maintenance
described in this chapter, all exterior facilities and equipment,
such as heat pumps, generators, etc. shall comply with the following:
1.
All
required facilities on the exterior of a structure shall be constructed
and maintained to properly and safely perform their intended function.
2.
All
non-required facilities or equipment on the exterior of a structure
shall be maintained to prevent structural damage to the building,
or hazards of health, sanitation, or fire.
L.
Exterior
Property. All properties, including vacant properties, shall comply
with the following:
1.
Debris.
Property shall be kept free of debris, trash, building materials,
or the storage of other goods which are visible from the street or
adjacent properties. Debris shall include, but not be limited to:
tires, lumber, household appliances, inoperable, unregistered or excess
vehicles, furniture, sinks, toilets, cabinets, other household fixtures,
equipment, rubbish, garbage, debris, salvage materials, or parts thereof
which constitute a fire hazard and/or are stored or accumulated in
such a manner as to be visible from a public street, alley or adjoining
property;
2.
Junk.
An owner or person in charge of junk shall comply with the following:
a.
No person may keep junk outdoors on a street, lot, or other premises
or in a building that is not wholly or entirely enclosed except for
doors used for ingress and egress.
b.
No person may park, store, or abandon junk, litter, or rubbish on
property owned by the City outside the City limits without the permission
of the City Manager.
c.
This section does not apply to junk kept in a licensed junk yard
or automobile wrecking yard.
3.
Weeds
and Noxious Vegetation. Weeds or other noxious vegetation shall be
cut down or destroyed, or otherwise prevented from becoming unsightly,
from becoming a fire hazard, or from maturing or going to seed.
4.
Landscaping.
a.
Landscaping improvements shall be maintained in a healthy condition,
trimmed and pruned to maintain adequate clearance over pedestrian
and vehicular areas.
b.
Landscaping improvements designated on an approved landscape plan
shall be retained and maintained as denoted on the approved plan unless
otherwise approved by the City.
5.
Walkways,
Parking Areas, and Walls.
a.
Walls, driveways, walkways, parking areas, and retaining and/or decorative
walls shall be maintained in such condition as to not become so defective,
unsightly, or in such condition of deterioration or disrepair that
the same causes potential depreciation of the values of surrounding
property, or is materially detrimental to nearby properties and improvements.
b.
Maintenance and/or construction of walls, driveways, walkways, parking
areas, and retaining and/or decorative walls located within the right-of-way
shall be the responsibility of the adjacent property owner unless
otherwise approved by a legally recorded easement or other legal document.
(Ord. 1229 § 2, 2019)
A.
Purpose.
Vacant buildings are a cause and source of blight in both residential
and non-residential neighborhoods, especially when the person in charge
of the building fails to actively maintain and manage the building
to ensure that it does not become a liability to the neighborhood.
Vacant buildings discourage economic development and retard appreciation
of property values. Vacant buildings are potential fire hazards and
can jeopardize the ability of owners of neighboring property from
securing or maintaining affordable fire insurance. Vacant buildings
cause increased need for police protection due to misuse of the property
by persons not having permission or right to use the property. It
is the 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. One vacant building which
is not actively and well maintained and managed can be the core and
cause of spreading blight.
B.
Maintenance and Security Requirements. In addition to the maintenance standards in Section 8.28.050 the person in charge of a vacant property and/or building shall comply with the following maintenance and security requirements:
1.
The
building and/or property shall be kept free of any accumulation of
newspapers, circulars or flyers, graffiti, discarded items including,
but not limited to, furniture, clothing, appliances, or any other
items that give the appearance that the property or building is vacant.
2.
The
building and/or property shall be secure so that it is not to accessible
to unauthorized persons including, but not limited to, the closure
and locking of windows and doors (walk through, sliding, and garage)
and any other opening of such size that may allow a child to access
the interior of a structure; chaining or padlocking gates, and repairing
fencing.
3.
Broken
windows and/or doors shall be secured by means of reglazing with undamaged
glass or other approved permanent material, and not by cardboard,
plywood, or other temporary means except as necessary temporarily
for not more than three months while awaiting reglazing.
4.
If
the person in charge of the property or building is an entity or does
not reside within 50 miles of the City limits, the person in charge
shall contract with or otherwise engage a person to provide property
management to perform inspections to verify that all requirements
of this chapter, enforcement notice, and any other applicable laws
are being met.
5.
The
property shall be posted with name and 24-hour contact phone number
of the owner, person in charge, or a local property management representative.
The posting shall be no larger than 18″ X 24″ and shall contain the
words "THIS PROPERTY MANAGED BY..." The posting shall be secured to
the exterior of the building or placed in a location on the property
so it is visible from the street.
6.
Vegetation
around the building shall be pruned back from the walls to allow good
airflow and security visibility. Overhanging dead tree limbs and branches
shall be removed.
7.
Buildings
located in commercial areas shall have some street presence by the
display of goods in the storefront windows, interpretive displays,
or some other activity that gives the appearance of the building being
occupied. Displays in vacant buildings shall be reviewed and approved
by the Community Development Director prior to installation. Displays
shall be reviewed for the following:
a.
The goods and/or interpretive displays should encompass a minimum
of approximately 25% of the window area.
b.
The displays shall be maintained in good condition and not faded
or deteriorated.
c.
Content of the displays shall be in compliance with allowable uses
within the zone.
d.
Displays shall comply with the requirements of the Sign Code if applicable.
C.
Long
Term Vacant Buildings. If a property is determined to be vacant for
more than five years, the property may be subjected to a fee as established
by resolution.
1.
A
building is deemed to be a Long Term Vacant Building if the following
has occurred for a period of five years or more, including the years
prior to adoption of this code as verified by City records or other
documentation:
a.
Utilities have been turned off or not in use; or
b.
Building has been boarded up or secured against any regular use entry;
or
c.
Building is in disrepair to a state that is obviously not habitable;
or
d.
Building is not in compliance with the Maintenance and Security Requirements of subsection B of this section; or
e.
Building has not been legally occupied, regardless of the condition
of the building.
2.
Exception.
a.
The person in charge has obtained a building permit and is progressing
diligently to repair the building for occupancy; or
b.
The building meets all applicable codes, including the Property Maintenance
Standards, and is actively being offered for sale, lease, or rent;
or
c.
The Community Development Director may approve an exception based
on a written finding that there is a benefit to the community in the
building remaining vacant such as, but not limited to, historical
significance of the building interior that prevents current use of
the building, use of the building that serves a current or future
need of the business and/or property owner, etc. and provided that
the building is maintained to the standards as identified in the Property
Maintenance Code.
D.
Enforcement
and Fees. After a determination that a building is deemed a Long Term
Vacant Building, the City shall notify the person in charge of the
property of the following requirements:
1.
Repair
and/or Use of Property. The building shall be repaired to a useable
condition and shall be offered for sale, lease, or rent, or shall
be legally occupied; and
2.
Fee
Payment. There is imposed upon the person in charge of a vacant building
pursuant to this code, an annual Vacant Building Fee in an amount
as established by resolution. The fee shall be payable for any building
vacant for more than five consecutive years. Regardless of an imposition
of a fee, the building shall be repaired to a useable condition. Payment
shall be in accordance with the following procedures:
a.
Payment is due within 30 days of the date the City notifies the person
in charge of the property of the Long Term Vacant Building determination.
Payment for additional years shall be due on the same due date as
the first year's determination.
b.
Failure to pay the fee by the due date shall result in a 10% per
month penalty up to a maximum of double the fee each year. If payment
is not received by the end of the year in which it is due, it may
be turned over to a collection agency, become a lien on the property
in accordance with this chapter, or be subject to any other enforcement
available to the City.
3.
Waiver
of Fee. The Vacant Building Fee shall be waived if the person in charge
of the property makes the necessary repairs and offers the building
for sale, lease, or rent as follows:
a.
During the first year of imposition, the full amount of the fee may
be waived; or
b.
During subsequent years of imposition, an amount equal to the cost
of improvements may be waived upon submittal of a request to the Community
Development Director with copies of receipts for work completed. The
City may retain a portion of the fee to recover administrative costs.
(Ord. 1229 § 2, 2019)
A.
Purpose.
The purpose of this chapter is to establish an expedited enforcement
program to address the problem of properties and/or property owners
(person in charge) with multiple, continuing violations concerning
derelict, abandoned, or vacant commercial and residential buildings
and property within the City. Violations of other offenses as defined
in Chapter 8 of this code may also be declared to be a chronic nuisance.
Chronic nuisance properties present health, safety and welfare concerns,
where the persons responsible for such properties have failed to take
corrective action to abate the nuisance condition. Chronic nuisance
properties have a negative impact upon the quality of life, safety
and health of the neighborhoods where they are located. This section
is enacted to remedy nuisance activities that are particularly disruptive
to quality of life and repeatedly occur or exist at properties, by
providing a process for abatement. This remedy is not an exclusive
remedy and may be used in conjunction with such other remedy authorized
by law. Chronic nuisance properties are also a financial burden to
the City by the repeated calls for service to the properties because
of the nuisance activities that repeatedly occur or exist on such
property. This section is a means to ameliorate those conditions and
hold accountable those persons responsible for such property.
B.
Chronic
Nuisance Determination. The City Manager and/or their designee shall
determine that a nuisance is chronic based upon personal observation
by a City employee, or after an investigation by the City as a result
of a complaint filed with the City, and a determination that there
are reasonable grounds to conclude that the alleged nuisance activities
did, in fact, occur in violation of the City Code.
Violations of nuisances and offenses as identified in Chapter 8.16 of this code shall be deemed a chronic nuisance if the following circumstances exist. For the purpose of Chronic Nuisance Determination, each day a citation is issued for an existing violation shall constitute a separate "nuisance activity."
1.
Property
on which three or more nuisance activities exist or have occurred
during any consecutive 60 day period; or
2.
Property
on which three or more nuisance activities exist or have occurred
during any consecutive 12 month period; or
3.
A
person in charge of properties on which nuisance activities exist
or have occurred on three or more separate properties during any consecutive
12 month period.
C.
Enforcement.
1.
In
addition to any other enforcement remedies available to the City,
properties and/or persons in charge of properties that have been deemed
to be a chronic nuisance shall be subject to expedited enforcement
including, but not limited to, the following:
2.
Any
fees, fines, or costs associated with a chronic nuisance shall be double the amount established by the City for the nuisance
cited. If the nuisance is abated by the person in charge of the property
to the satisfaction of the City Manager or their designee within 30
days of the date of notice issued, the matter shall not be referred
to the City Attorney and the person in charge shall not be subject
to the double penalty of this section. Standard amount of penalties
may still be assessed.
D.
Procedures.
1.
Notice.
Once it is determined that a property or person in charge of property
is subject to this chapter, the City Manager or designee shall expedite
enforcement procedures as established by City policy to abate the
nuisance. The expedited process shall include notification to the
person in charge and the property owner. The notice shall include
the following information:
a.
State that the person in charge shall respond within 10 days to the
City Manager or designee with the following information:
b.
State that an acceptable abatement plan must be reached with the
City Manager or designee within 30 days from the date of the notice
of determination that a chronic nuisance exists.
c.
State that if the nuisance is not abated and good cause for failure
to abate is not shown, the matter may be referred to the City Attorney
to seek any remedy deemed to be appropriate to abate the nuisance.
d.
State that fines, fees, and other costs may be doubled due to the
chronic nuisance determination.
2.
Commencement
of Enforcement Action by City Attorney. Upon referral, the City Attorney
may initiate an action in any court of competent jurisdiction to abate
a chronic nuisance property, to impose penalties pursuant to this
chapter, and/or seek any other relief authorized by law.
3.
Additional
Remedies.
a.
Rental Properties. In addition to the remedies authorized by this
section, if as part of its order abating a chronic nuisance property,
the court orders a person in charge to cease renting or leasing a
property, the court may order the person in charge to pay relocation
assistance to a tenant who must relocate because of the order of abatement
and the court has found that the tenant has not caused or participated
in the nuisance activity at the property.
b.
Existing City Permits.
1.
Permit Suspension or Revocation. In addition to any other remedy
that is authorized by this chapter or other laws, upon the finding
by the City Manager that a property is a chronic nuisance property,
the person in charge is subject to the suspension or revocation of
a business license, other City license, or City permit for the subject
property issued pursuant to the Warrenton Municipal Code, Warrenton
Development Code, or other City codes. Permits and/or licenses issued
to a tenant who has not caused or participated in the nuisance activity
shall not be suspended or revoked as a result of the actions of the
person in charge of the subject property.
2.
Permit Reinstatement. If a permit or license is suspended, it may
be reinstated by the City Manager or designee once the nuisance has
been abated and all liens, fines, fees, or costs have been satisfied.
A new permit or license for the subject property shall not be issued
to the person in charge or business associated with the nuisance until
the nuisance has been abated and all City liens, fines, fees, or costs
have been satisfied.
E.
Appeals. The person in charge shall have the right to contest the chronic nuisance determination by responding within 10 days to the City Manager with a request for a review of the determination. If the City Manager determines that the chronic nuisance still exists, the person in charge may appeal that decision to the City Commission in accordance with Chapter 15.08.
(Ord. 1229 § 2, 2019)
1.
The
acts, conditions, or objects specifically enumerated and defined in
this chapter are declared to be public nuisances; and such acts, conditions,
or objects may be abated by the procedures set forth in this chapter.
2.
In addition
to those nuisances specifically enumerated, every other act, condition,
or object that is determined by the City Commission to be injurious
or detrimental to the public health, safety, or welfare of the City
is declared to be a nuisance and may be abated as provided in this
chapter.
3.
All
property found to be in violation of this chapter is declared to be
a public nuisance and shall be abated by rehabilitation, demolition,
or repair pursuant to the procedures set forth herein. The procedures
for abatement set forth herein shall not be exclusive and shall not
in any manner limit or restrict the City from enforcing other City
ordinances or abating public nuisances in any other manner provided
by law.
(Ord. 1229 § 2, 2019)
Whenever the Community Development Director, or such other City official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of this chapter, notice procedures established in Chapter 8.16 shall be followed.
(Ord. 1229 § 2, 2019)
In the event a person in charge shall fail, neglect, or refuse
to comply with the notice to correct a violation, the Community Development
Director may proceed with the abatement of the nuisance in accordance
with the requirements of this chapter, other methods of enforcement
available to the City, or may refer the violation to the City Attorney
for legal action, including the institution of a civil or criminal
court.
(Ord. 1229 § 2, 2019)
