Vacant buildings are a major cause and source of blight in both
residential and non-residential 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.
Vacant buildings (whether or not those buildings are boarded), substandard
or unkempt buildings and long-term vacancies 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. 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.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
means a written plan for the remediation and abatement of vacant buildings prepared in accordance with the requirements of Section 9-15.12 of this chapter.
means any agreement or written instrument which provides
that title to property shall be transferred or conveyed from one owner
to another owner after the sale, trade, transfer or exchange.
means an instrument that transfers the beneficial interest
under a deed of trust from one lender/entity to another.
means a lender under a note secured by a deed of trust.
means a vacant building or portion of a vacant building whose
doors and windows have been covered with plywood or other material
for the purpose of preventing entry into the vacant building by persons
or animals.
means any improved real property, or portion thereof, situated
in the City, designed or permitted to be used for dwelling and/or
business purposes and shall separately include each building or structure
located on such improved real property. This includes any real property
being offered for sale, trade, transfer, or exchange as "residential,"
"commercial" or "village mixed use" whether or not it is legally permitted
and/or zoned for such use.
means any building/structure that is in violation of any
condition referenced in the International Code Council's International
Property Maintenance Code, most recent edition. A copy of the International
Code Council's International Property Management Code, most recent
edition, shall be maintained for public inspection at the Department,
City Hall.
means consecutive calendar days.
means a recorded document that transfers ownership of a property
from the trustor to the holder of a deed of trust upon consent of
the beneficiary of the deed of trust.
means an instrument by which title to real estate is transferred
to a third party trustee as security for a real estate loan. Used
in California instead of a mortgage. This definition applies to any
and all subsequent deeds of trust, i.e., second trust deed, third
trust deed, etc.
means the failure to fulfill a contractual obligation, monetary
or conditional.
means the City of Ojai Community Development Department.
means the Director of Community Development or designee.
means a property that is under a current notice of default
and/or notice of trustee's sale and/or pending tax assessor's lien
sale or has been foreclosed upon by the trustee or has been conveyed
to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
means any condition that combined with other conditions present
would lead a reasonable person to believe that the property is vacant.
Such conditions include, but are not limited to, overgrown and/or
dead vegetation, accumulation of newspapers, circulars, flyers and/or
mail, past due utility notices and/or disconnected utilities, accumulation
of trash, junk and/or debris, the absence of window coverings such
as curtains, blinds and/or shutters.
means the process by which a property, placed as security
for a real estate loan, is sold at auction to satisfy the debt if
the trustor (borrower) defaults.
means:
Occupation by the owner, or an entity controlled by the owner,
or occupation by employees of the owner, or employees of an entity
controlled by the owner, for the purpose of engaging in a legitimate
and lawful business open to the general public on a day-to-day basis;
or
Occupation by a tenant of the owner, or entity controlled by
the owner's tenant, or occupation by employees of the tenant of the
owner, or employees of an entity controlled by the owner's tenant,
for the purpose of engaging in a legitimate and lawful business, open
to the general public, on a day-to-day basis;
Occupation of a residential dwelling by an owner or a tenant
of an owner.
means within the territorial jurisdiction of the Counties
of Ventura and Santa Barbara, California.
means a recorded notice that a default has occurred under
a deed of trust and that the beneficiary intends to proceed with a
trustee's sale.
means the City of Ojai Building Official.
means outside the territorial jurisdiction of the Counties
of Ventura and Santa Barbara, California.
means any person, co-partnership, association, corporation,
or fiduciary having a legal or equitable title or any interest in
any real property.
means the person having recorded title to the property at
any given point in time the record is provided by the Ventura County
Recorder's Office.
means any improved real property, or portion thereof, situated
in the City and includes the buildings or structures located on the
property regardless of condition.
means such measures as may be directed by the Director or
his or her designee that assist in rendering the property inaccessible
to unauthorized persons, including, but not limited to, the repairing
of fences and walls, chaining/padlocking of gates, the repair or boarding
of door, window and/or other openings. Boarding shall be completed
to a minimum of the current HUD securing standards at the time the
boarding is completed or required.
a letter means send by U.S. Postal Service certified mail
with return receipt requested.
means the person, firm or corporation holding a deed of trust
on a property.
means a borrower under a deed of trust, who deeds property
to a trustee as security for the payment of a debt.
means:
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
No
person, corporation or other entity shall allow a building designed
for human use or occupancy that is subject to this chapter to stand
vacant for more than 90 days, unless the owner/trustee/beneficiary
establishes by substantial evidence to the reasonable satisfaction
of the Director that 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 to complete
the repair or rehabilitation;
(2)
The building meets all applicable health and safety codes, is not a dangerous building, and is maintained to the levels required in Section 9-15.10(a); or
(b)
The owner/trustee/beneficiary of any boarded 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 be in compliance with all applicable health and safety codes, to ensure the building is not a dangerous building, and to ensure the building is maintained to the levels required in Section 9-15.10(a).
(c)
Within
14 days of the purchase and/or transfer of a loan/deed of trust secured
by property the new owner/beneficiary/trustee shall record, with the
Ventura County Recorder's office, an assignment of rents, or similar
document, that lists the name of each new owner/beneficiary/trustee,
as applicable, and the mailing address and contact telephone number
of the new trustee responsible for receiving payments associated with
the loan/deed of trust.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
The
Department shall perform periodic patrols (at least every 60 days)
on all City streets to identify potential vacant buildings.
(b)
The
Department shall solicit public input to identify potential vacant
buildings, via posting on the City website and notation on the published
agendas of the Ojai City Council, Ojai Planning Commission, and Ojai
Building Appeals Board.
(c)
The Director shall evaluate each noted (by patrol) or reported potential vacant building and produce a written finding as to whether the building is vacant as defined in Section 9-15.02. If the building is determined to be a vacant building, the Director shall also produce a written finding as to whether the vacant building is abandoned, dangerous or substandard, as defined in Section 9-15.02. This latter finding shall be based in part on a lawful inspection by the Official to determine if violations of the California Building Code exist, including, but not limited to, fire and life safety hazards and substandard conditions.
(d)
The
Director shall send a letter, within seven days of the date of the
written finding, to the owner/beneficiary/trustee of each designated
vacant building setting forth and citing in detail (by explicit reference
to the Ojai Municipal Code and the Building Code) those items and
actions required by the City in order to bring the vacant building
into compliance with the provisions of this chapter, including, but
not limited to:
(3)
Monitoring the vacant building and reporting to the Department as defined in Section 9-15.05; and
(4)
Correcting any conditions that have caused the vacant building to be designated as abandoned, dangerous or substandard, as described in the Director's abatement plan as defined in Section 9-15.12(a).
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The letter shall also specify final compliance dates for:
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(5)
Securing the vacant building against unlawful entry—seven days
from the date of mailing of the letter;
(6)
Registering the vacant building with the Department—14 days from the date of mailing of the letter, per Section 9-15.05;
(7)
Initiating monitoring of and reporting on the vacant building—14 days from the date of mailing of the letter, per Section 9-15.05; and
(8)
Obtaining any necessary or required building or other permits and completing any and all remediation required by the Director's abatement plan 90 days from the date of mailing of the letter, per Section 9-15.12(c).
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
Any beneficiary/trustee who holds a deed of trust on a property
located within the City shall perform an inspection of the property
that is the security for the deed of trust, upon default by the owner
or trustor, prior to recording a notice of default with the Ventura
County Recorder's office. If the property is found to be vacant or
shows evidence of vacancy, the beneficiary/trustee shall, within 14
days of the finding and sending of a letter by the Director detailing
the finding, register the property with the Director or designee on
forms provided by the City.
If the property is occupied but remains in default or is distressed,
it shall be inspected by the beneficiary/trustee, or his or her designee,
monthly until: (1) the owner, trustor or other party remedies the
default; or (2) it is found to be vacant or shows evidence of vacancy
at which time it is deemed abandoned, and the beneficiary/trustee
shall, within 14 days of that inspection, register the property with
the Director, or designee, on forms provided by the City.
In either case the registration shall contain the name of the
beneficiary/trustee (corporation or individual), the direct street/office
mailing address of the beneficiary/trustee (no post office boxes),
a direct contact name and telephone number for the beneficiary/trustee
and, in the case of a corporation or out-of-area beneficiary/trustee,
the local property management company responsible for the security,
maintenance and marketing of the property. Registration fees will
not be prorated.
An annual registration fee shall accompany the registration
form. The fee and registration shall be valid for the calendar year,
or remaining portion of the calendar year, in which the registration
was initially required. Subsequent registrations and fees are due
January 1st of each year and must be received no later than January
31st of the year due.
This section shall also apply to properties that have been the
subject of a foreclosure sale where the title was transferred to the
beneficiary of a deed of trust involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale.
Properties subject to this chapter shall remain under the annual
registration requirement, security and maintenance standards of this
section as long as they remain vacant.
Any person, firm or corporation that has registered a property
under this chapter must report any change of information contained
in the registration within 14 days of the change.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
Vacant
buildings are a major cause and source of blight in residential and
non-residential neighborhoods, especially when the owner/beneficiary/trustee
of the building fails to maintain and manage the building to ensure
that it does not become a liability to the neighborhood. Vacant buildings
often attract transients and criminals, including drug users. Use
of vacant buildings by transients and criminals, who may employ primitive
cooking or heating methods, creates a risk of fire for the vacant
buildings and adjacent properties. Vacant properties are often used
as dumping grounds for junk and debris and are often overgrown with
weeds and grass. Vacant and boarded buildings discourage economic
development and retard appreciation of property values.
(b)
Because
of the potential economic and public health, welfare and safety problems
caused by vacant buildings, the City needs to monitor vacant buildings,
so that they do not become attractive nuisances, are not used by trespassers,
are properly maintained both inside and out and do not become a blighting
influence in the neighborhood. There is a substantial cost to the
City for monitoring vacant buildings (whether or not those buildings
are boarded up) which should be borne by the owners/beneficiaries/trustees
of the vacant buildings. The fees for a monitoring program pursuant
to the provisions of this chapter shall be separate from and in addition
to any registration fees or administrative citation fines required
or otherwise assessed pursuant to the provisions of this chapter.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
Authority. The Director shall be responsible for administering
a program for identifying and monitoring the maintenance of all vacant
buildings in the City. The program shall be documented and regularly
updated. The program shall be available for public review.
(b)
Purposes. The purposes of the monitoring program shall be
to:
(1)
Identify buildings which become vacant;
(2)
Order vacant buildings which are open and accessible to be secured against unlawful entry pursuant to Title 9, Chapter 1 of this Code, including the building code and the code for the abatement of dangerous buildings code and pursuant to the requirements for securing a building specified in Sections 9-15.02 and 9-15.11;
(4)
Prepare a written abatement plan for all vacant buildings, specifying
those measures required by the City in order for the owner/beneficiary/trustee
to bring the vacant building into compliance with the provisions of
this chapter;
(5)
Maintain surveillance over vacant buildings so that timely code enforcement
proceedings are commenced in the event a building becomes substandard
or a nuisance; and
(c)
Fee imposed. There is imposed upon every owner/beneficiary/trustee
of a vacant building monitored pursuant to this chapter, a monthly
vacant building monitoring fee in an initial amount as the City Council
may establish by resolution, provided that the fee shall not exceed
the estimated reasonable cost of monitoring the vacant building. The
fee shall be payable as to any building, residential or non-residential,
which:
(d)
Fee waiver. The vacant building monitoring fee shall be
waived upon a showing by the owner that:
(1)
The owner/beneficiary/trustee has obtained a building permit and
is processing diligently to repair the premises for occupancy; or
(2)
The building meets all applicable codes and is actively being offered
for sale, lease or rent; or
(3)
Imposition of the fee would impose a substantial economic hardship
on the owner/beneficiary or would hinder the rehabilitation of the
building.
(e)
Procedure. The vacant building monitoring fee shall be billed to the owner or beneficiary of the property, or trustee if a notice of default has been recorded on the property, and mailed to the owner of record's address as set forth on the last equalized assessment roll of the County Assessor. Any owner/beneficiary/trustee billed may apply for a waiver on the grounds set forth in subsection (d) of this section by submitting a written statement of the grounds for the waiver and the owner/beneficiary/trustee's daytime telephone number to the Director within 30 days after the billing is mailed to the owner. The owner/beneficiary/trustee shall provide substantial evidence in support of the owner/beneficiary/trustee's statement of the grounds for the waiver. The Director shall review the written statement and all related evidence and may contact the owner/beneficiary/trustee to discuss the application for waiver. The Director shall prepare a written decision which shall be mailed to the owner/beneficiary/trustee and shall set forth the reasons for the decision.
(g)
Non-payment of fee. If the fee is not paid within 60 days
after billing, or within 60 days after the decision of the Director
or the hearing officer, the City Council may thereupon order that
the fee be specially assessed against the property involved. If the
City Council orders that the fee be specially assessed against the
property, it shall confirm the assessment and thereafter said assessment
may be collected at the same time and in the same manner as ordinary
real property taxes are collected and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as
provided for ordinary real property taxes. All laws applicable to
the levy, collection and enforcement of real property taxes are applicable
to the special assessment.
(h)
Notice of lien. The City Council may also cause a notice
of lien to be recorded. The notice shall, at a minimum, identify the
record owner or possessor of the property, set forth the last known
address of the owner of record or possessor, a description of the
real property subject to the lien and the amount of the fee.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
If
a property is determined to be vacant by the Director and the property
is owned by a corporation and/or out-of-area beneficiary, a local
property management company shall be contracted to perform weekly
inspections to verify that the requirements of this section, and any
other applicable laws, are being met.
(b)
The
local property management company shall inspect the property on a
weekly basis to determine if the property is in compliance with the
abatement plan and other requirements of this chapter. If the property
management company determines the property is not in compliance, it
is the owner's/beneficiary's/trustee's responsibility to bring the
property into compliance.
(c)
The
duties/obligations specified in this section shall be joint and several
among and between all owners, trustees, and beneficiaries and their
respective agents.
(d)
If
the owner/beneficiary/trustee fails to contract for a local property
management company and initiate monitoring of the vacant building
within 14 days of the Director's finding and notice, the Department
shall separately contract with a local property management company
for the monitoring and reporting, at the expense of the owner/beneficiary/trustee.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
Maintenance requirements. Properties subject to this chapter:
(1)
Shall be in comparison to the standard of those properties within
the same zoning designation, kept free of weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by Federal, State
or local law, discarded personal items, including, but not limited
to, furniture, clothing, large and small appliances, printed material
or any other items that give the appearance that the property is vacant.
(2)
Shall be maintained so that the exterior of the building, including,
but not limited to, paint and finishes, are in good condition.
(3)
Shall be maintained free of graffiti, tagging or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior of the structure.
(4)
Shall be landscaped and maintained (visible front and side yards)
in good condition and no less than the standard of those properties
within the same zoning designation at the time registration was required.
(b)
Landscape.
(1)
Landscape includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark,
decomposed granite or artificial turf/sod designed specifically for
residential installation.
(2)
Landscape does not include weeds, gravel, broken concrete, asphalt,
plastic sheeting, mulch, indoor-outdoor carpet or any similar material.
(c)
Maintenance defined.
(1)
Maintenance includes, but is not limited to, regular watering, irrigation,
cutting, pruning and mowing of required landscape and removal of all
trimmings.
(2)
Maintenance of the building in continuing compliance with all applicable
health and safety codes, maintenance to ensure the building is not
a dangerous building, and maintenance to the levels required in subsection
(a).
(3)
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris or drained and kept dry. In
either case properties with pools and/or spas must comply with the
minimum security fencing requirements of the State of California.
(4)
Windows screened, but not boarded, with opaque material that prevents
interior space of the building from being visible from public rights-of-way
or public property.
(5)
Prevention of criminal activity on the property.
(d)
Adherence
to this section does not relieve the beneficiary/trustee or property
owner of any obligations set forth in any covenants, conditions and
restrictions and/or homeowners' association rules and regulations
which may apply to the property.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
Properties
subject to this chapter shall be maintained in a secure manner so
as not to be accessible to unauthorized persons.
(b)
Secure
manner includes, but is not limited to, the closure and locking of
windows, doors (walkthrough, sliding and garage), gates and any other
opening of such size that it may allow a child to access the interior
of the property and/or structure. In the case of broken windows securing
means the re-glazing of the window.
(c)
Fencing
shall be permitted, but only with the consent of, and under the direction
of, the Director. No chain link or plastic fencing shall be permitted.
(d)
If
the property is owned by a corporation and/or out-of-area beneficiary/trustee/owner,
a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section,
and any other applicable laws, are being met.
(e)
The
parking of automobiles on the property, while vacant, for purposes
of sale to the public shall not be permitted.
(f)
The property shall be posted with name and 24 hour contact telephone number of the local property management company. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain along with the name and 24 hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. The sign must be posted in a prominent location in compliance with these standards and as approved by the Official. A sign permit, pursuant to Title 10, Chapter 2, Article 16 of this Code, need not be obtained prior to the posting of the sign required by this subsection.
(g)
If
the owner/beneficiary/trustee fails to secure a vacant building within
seven days of the finding by the Director, the Department shall separately
contract with a local property management company for the securing
of the vacant building, at the expense of the owner/beneficiary/trustee.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
(a)
The
Director shall prepare a written abatement plan for all vacant buildings
within the City. The abatement plan shall set forth, in detail, those
items and actions required by the City in order to bring the vacant
building into compliance with the provisions of this chapter.
(b)
A
copy of the abatement plan shall be served on the owner/beneficiary/trustee
of each vacant building. Service shall be effectuated by personal
delivery or by depositing the abatement plan in the United States
Postal Service certified mail, return receipt requested. Service is
deemed to have occurred within five days from the date of mailing.
(c)
In
addition to service of the abatement plan, each owner/beneficiary/trustee
shall be notified that he, she or it has 90 days in which to obtain
any necessary or required building or other permits and complete any
and all remediation required by the abatement plan. The Director,
upon a showing by the owner/beneficiary/trustee of good cause, may
extend the remediation period for up to an additional 90 days.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015; § 3, Ord. 880, eff. January 11, 2018)
In addition to the enforcement remedies established in this
Code and by law, the Director or designee shall have the authority
to require the owner/beneficiary/trustee and/or owner of record of
any property affected by this section to implement additional maintenance
and/or security measures, including, but not limited to, securing
any/all door, window or other openings, installing additional security
lighting which may be required, increasing on-site inspection frequency,
employment of an on-site security guard or other measures as may be
reasonably required to arrest the decline of the property.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
The fees for registering and maintaining a vacant property and
the fines for maintaining a vacant property in a manner not in compliance
with this Code shall be set by resolution of the City Council. The
amount of any fee shall not exceed the reasonable estimated cost of
administering the provisions of this chapter.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
Violations of this chapter may be enforced in any combination
of remedies allowed by this Code or by law.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
Any person aggrieved by any of the requirements of this chapter may appeal insofar as such appeal is allowed under Title 1, Chapter 6 of this Code.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Title 1, Chapter 6 of this Code.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
Should any provision, section, paragraph, sentence or word of
this chapter be determined or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this chapter shall remain in full force and effect.
(§ 1, Ord. 811, eff. December 9, 2010, as amended by § 2, Ord. 859, eff. November 14, 2015)
