A. 
Title. This chapter shall be known as the Vacant Property Ordinance of Stanislaus County.
B. 
Findings. The board of supervisors finds and declares that vacant property can attract vagrants, gang members and criminals and can be a prime location to conduct illegal activities; that vacant property can be a blight and cause deterioration and instability in neighborhoods; that vacant property can invite the accumulation of garbage, trash, discarded vehicles or boats, weeds, and other nuisance condition; and that vacant property can pose a serious threat to the public's health and safety and therefore constitute a public nuisance.
C. 
Purpose. The purpose of the ordinance codified in this chapter is to identify vacant properties where nuisance conditions frequently occur and to require the proper securing of those properties to prevent additional nuisance conditions from occurring on the property.
(Ord. CS 903 §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 provisions of this chapter.
B. 
"County building official" means the county's chief building official, which shall be the director of planning and community development or designee.
C. 
"Nuisance condition" means the presence of one or more of the following on the subject property:
1. 
Substantial amounts of trash, debris, rubbish, or garbage;
2. 
Discarded vehicles or boats, discarded trailers, vehicle or boat parts, vehicle or boat hulks, or other articles of personal property that are abandoned or left in a state of partial construction or repair;
3. 
Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators, or freezers, unsafe pools, ponds, or excavations;
4. 
Shopping carts, discarded household equipment, or broken discarded furniture;
5. 
Weeds over eighteen inches in height;
6. 
Any other similar nuisance condition.
D. 
"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.
E. 
"Vacant property" means any property that is unimproved and includes unimproved tracts, lots, easements, or parcels of land.
(Ord. CS 903 §1, 2004; Ord. CS 1089 §17, 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 903 §1, 2004)
No owner shall maintain or allow the maintenance of vacant property in such a manner that any nuisance condition exists on the vacant property.
(Ord. CS 903 §1, 2004)
Any vacant property that must be secured pursuant to this chapter shall be secured according to the following specifications and requirements:
A. 
A fence that meets the specifications of the department of planning and community development or building official shall be erected on the vacant property.
B. 
One or more metal signs must be posted on the fence and must contain the following information:
DO NOT ENTER. It is illegal to enter or occupy this property or to remove or deface this notice. Trespasses will be prosecuted. (Stanislaus County Code, Section 2.94.060; California Penal Code, Section 602.)
C. 
Any fence erected in accordance with this chapter shall be maintained in a safe condition without tears, breaks, rust or dangerous protuberances.
(Ord. CS 903 §1, 2004)
A. 
Entry Prohibited. It is unlawful for any person other than the owner, the code enforcement officer or the county building official to enter or occupy any vacant property that has been posted pursuant to this chapter, except 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 authorized by the code enforcement officer or building official.
(Ord. CS 903 §1, 2004)
The code enforcement officer or the county building official is authorized to administer and enforce the provisions of this chapter. The code enforcement officer or the county building official may promulgate rules and procedures for implementing the provisions of this chapter.
(Ord. CS 903 §1, 2004)
A. 
If the code enforcement officer determines that any nuisance condition exists on a vacant property, the code enforcement officer shall notify the owner pursuant to the provisions of Section 2.92.030.
B. 
The owner must remove or remedy the nuisance condition specified in the notice and order to abate within the time specified in the notice and order to abate.
C. 
The notice and order to abate shall also contain the following information:
1. 
The street address and such other description as is required to identify the property;
2. 
A statement of the nuisance condition existing on the vacant property;
3. 
A statement that the owner has the right to submit in writing any information relating to a determination of the existence of a violation. If the code enforcement officer determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation.
D. 
The code enforcement officer shall transmit a notice and order to abate to the owner by certified mail and by posting as set forth in Section 2.92.030, or by personal service by an authorized representative, if either of the following occur:
1. 
The nuisance condition specified in the notice to comply has not been removed or remedied within the time specified;
2. 
Any nuisance condition occurs or reoccurs on the vacant property within twelve months of the date of the notice to comply.
E. 
The owner must remove or remedy the nuisance condition specified in the notice and order to abate and secure the vacant property in accordance with the standards set forth in Section 2.92.030 within ten days of the transmittal date of the notice and order to abate or within a reasonable period of time as specified by the code enforcement officer.
F. 
The notice and order to abate shall contain the following information:
1. 
The street address and such other description as is required to identify the property;
2. 
A statement that the nuisance condition specified in the notice to comply has not been removed or remedies within the time specified, or that a nuisance condition has occurred or reoccurred on the vacant property within twelve months of the date of the notice to comply;
3. 
An order that the owner remove or remedy the nuisance condition and secure the vacant property within the time specified in the notice and order to abate;
4. 
A statement that if the vacant property is not secured in accordance with the standards listed in this chapter within the time specified, the county may seek compliance with any remedy allowed by law. The statement shall inform the owner that the county may secure the vacant property and recover all costs, including the cost of the fence, from the owner;
5. 
If more than twelve months have passed from the date of the first notice to comply and no notice and order to abate has been issued, no notice and order to abate shall be issued until after another notice to comply has been issued.
(Ord. CS 903 §1, 2004)
A. 
If, after a notice and order to abate has been issued, a property owner fails to correct the violation in the manner and within the time specified in that notice and order to abate, the county may seek compliance by any remedy allowed under by law.
B. 
If a nuisance condition occurs on a secured vacant property, the county may seek compliance by any remedy allowed by law.
(Ord. CS 903 §1, 2004)
A. 
After issuing a notice and order to abate, with a finding of the nuisance abatement hearing board and authorization of the board of supervisors, the code enforcement office may secure the vacant property and recover costs as provided for in Section 2.92.030 if the owner does any of the following:
1. 
Fails to erect a fence in the manner and within the time specified in the notice and order to abate;
2. 
Fails to erect a fence that meets the specifications of this chapter;
3. 
Fails to maintain a fence in accordance with the provisions of this chapter.
B. 
If a notice and order to abate a substandard building in accordance with Chapter 2.92 or the State Housing Law includes an order to secure the property with a fence that meets the specifications of the department of planning and community development, the code enforcement officer may secure the vacant property and recover costs as provided in Section 2.92.070 after abating the substandard building.
C. 
If vacant property previously secured by the owner or the code enforcement officer again becomes unsecured within twenty-four months of any previous securing, the code enforcement officer may resecure the vacant property and recover costs as provided in Section 2.92.070. When resecuring a vacant property within twenty-four months of any previous securing, the code enforcement officer is not required to transmit a notice and order to abate before resecuring the vacant property.
D. 
After securing or resecuring a vacant property, the county building official shall transmit a notice to the owner of the vacant property. The notice shall be transmitted to the owner by certified mail and by posting as set forth in Section 2.92.030, or by personal service by an authorized representative of the code enforcement officer. The notice shall inform the owner that the vacant property must be maintained in a condition that complies with this chapter.
E. 
If more than twenty-four months have passed from the date of a previous securing of a vacant property by the owner or by the code enforcement officer, the code enforcement officer shall not secure or resecure the vacant property until after a notice and order to abate has been issued in accordance with the provisions of this chapter.
(Ord. CS 903 §1, 2004)
The code enforcement officer may periodically reinspect vacant properties to insure compliance with this chapter and all applicable court or administrative orders.
(Ord. CS 903 §1, 2004)
A. 
Abatement costs may be recovered by way of civil actions against the owner or may be assessed against the subject property as a lien in accordance with Section 2.92.030. Abatement costs include the costs of materials, the cost to perform the actual work, and all administrative costs.
B. 
Summary abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien in accordance with Section 2.92.020. Summary abatement costs include the costs of materials, the cost to perform the actual work, and all administrative costs.
C. 
Inspection fees and reinspection fees shall be as adopted by the board of supervisors.
(Ord. CS 903 §1, 2004)