(A) 
"Beneficiary" shall mean a lender under a note secured by a Deed of Trust.
(B) 
"Code Enforcement Officer" shall mean the Director of Planning and Economic Development and/or their designee, including any employee or agent of the City designated and/or charged with enforcing the Santa Rosa City Code, including, but not limited to, applicable codes adopted by reference therein, or any other applicable law or regulation.
(C) 
"Deed of Trust" shall mean an instrument by which title to real estate is transferred to a third-party Trustee as security for a real estate loan. This definition applies to all deeds of trust regardless of priority.
(D) 
"Default" shall mean the failure to fulfill a contractual obligation whether monetary or non-monetary.
(E) 
"Foreclosed" shall mean real property for which the foreclosure process has begun with the filing of a notice of default.
(F) 
"Notice of Default" shall mean a recorded notice that a default has occurred under a Deed of Trust.
(G) 
"Property owner" shall mean the responsible party, person or entity owning the real property as shown on the last equalized tax assessment roll maintained in the Sonoma County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered by a court of competent jurisdiction to take possession or control of the real property. For purposes of this chapter, and notwithstanding the composition of the party or parties constituting the "property owner," only a single registration will be necessary per property when so required.
(H) 
"Real property" shall mean land, whether improved or unimproved, located within the City of Santa Rosa corporate limits, and anything growing on, affixed to, placed upon, built upon, or situated relative thereto.
(I) 
"Trustee" shall mean any person, co-partnership, agent, operator, firm, association, corporation, fiduciary, or other legal entity holding a deed of trust securing an interest in real property.
(J) 
"Trustor" shall mean a borrower under a Deed of Trust, who deeds real property to a Trustee as security for the payment of a debt.
(K) 
"Unmaintained vacant lot" shall mean:
(1) 
Any lot of real property that is not maintained in accordance with this chapter and/or for which any of the following conditions exist:
(a) 
The lot is undeveloped;
(b) 
The lot lacks approved or permitted buildings or structures;
(c) 
The lot previously contained buildings or structures that have since been demolished or which otherwise no longer substantially exist;
(d) 
The lot is under a current notice of default and/or notice of trustee's sale;
(e) 
The lot has a pending tax assessor's lien sale;
(f) 
The lot is subject to foreclosure sale where title was retained by the beneficiary of a deed of trust; or has been transferred under a deed in lieu of foreclosure/sale; or
(g) 
The lot has been occupied by unauthorized persons for any length of time.
(2) 
This definition shall not include the following categories of lots, provided such are otherwise specifically maintained in accordance with all applicable property maintenance provisions of this code:
(a) 
Lots for which a building permit has been issued and has not yet expired, or lots upon which construction, alteration, improvement, rehabilitation, or repair is occurring pursuant to a valid, unexpired building permit, provided such activity is proceeding diligently to completion and in accordance with provisions of this code;
(b) 
Lots being lawfully utilized and appropriately maintained for small-scale agricultural purposes or community gardens in accordance with the provisions of this code;
(c) 
Lots which have been designated or acquired by a public agency for the purpose of redevelopment or rehabilitation and which are self-reported and self-mitigated by said public agency; or
(d) 
Lots which are subject to recurring/annual weed abatement activities, provided that maintenance issues are solely confined to overgrown weeds or vegetation.
(L) 
"Vacant or abandoned buildings" shall mean:
(1) 
Any and all structures, buildings and/or improvements located on real property, located within the corporate limits of the City, which are not maintained in accordance with this chapter and/or for which any of the following conditions exist:
(a) 
Has been vacant for more than 30 days, whether by voluntary action, fire, or other damage, or because of enforcement action by the City;
(b) 
Is under a current notice of default and/or notice of trustee's sale;
(c) 
Has a pending tax assessor's lien sale;
(d) 
Is subject to foreclosure sale where title was retained by the beneficiary of a deed of trust; or has been transferred under a deed in lieu of foreclosure/sale; Or
(e) 
Is inhabited by any person(s) without a legal right of occupancy.
(2) 
This definition shall not include the following categories of structures, buildings and/or improvements, provided such are otherwise specifically maintained in accordance with all applicable property maintenance provisions of this code:
(a) 
A building or structure where construction, alteration, improvements, rehabilitation, or repair is occurring pursuant to a valid, unexpired building permit, provided such activity is proceeding diligently to completion and in accordance with provisions of this code;
(b) 
A building or structure which has been designated or acquired by a public agency for the purpose of redevelopment or rehabilitation and which is self-reported and self-mitigated by said public agency; or
(c) 
Multi-family dwellings containing four or more permitted units.
(Ord. 2024-003, 2/27/2024)
(A) 
Except as otherwise provided for in Section 9-24.010(K)(2) and (L)(2) of this chapter and subsection (H) of this section, the registration requirements under this section shall apply to all property owners of real properties which exist as unmaintained vacant lots, or which contain vacant or abandoned buildings as defined herein.
(B) 
Any property owner who holds any property interest in any real property which exists as an unmaintained vacant lot, or which contains vacant or abandoned buildings shall register the property with the City's Code Enforcement Division by fully completing a registration packet furnished by the City.
(C) 
The registration requirement is triggered within 10 days after either of the following occurs:
(1) 
The real property is found to be an unmaintained vacant lot, or contain a vacant or abandoned building, as defined in this chapter; or
(2) 
A notice of default has been recorded.
(D) 
Real properties which, prior to the effective date of the ordinance codified in this chapter, existed as unmaintained vacant lots; which contained vacant or abandoned buildings; or which had an active and unresolved notice of default recorded shall be subject to the registration requirements upon the 10th day after the effective date of the ordinance codified in this chapter. The registration requirement shall continue until or unless the property is found to meet the provisions of subsection (H) of this section.
(E) 
For foreclosed properties subject to registration because a notice of default has been recorded, the registration requirement is triggered for an existing property owner upon the 10th day after the recording of the notice of default, and for a new property owner, it is triggered upon the 10th day after acquiring the property at a trustee sale. The registration requirement shall continue until the property is found to meet one of the provisions of subsection (H) of this section.
(F) 
All real properties which exist as unmaintained vacant lots, or which contain vacant or abandoned buildings are subject to monitoring by the City's Code Enforcement Division. Monitoring is required to ensure compliance with this chapter.
(G) 
Fee Imposed. There is imposed on every property owner of a real property, which exists as an unmaintained vacant lot, or which contains vacant or abandoned buildings, an annual registration and monitoring fee. The amount of this fee shall be established by City Council resolution based upon the reasonable cost of administering the program and conducting the monitoring activity. Such registration and monitoring fee shall accompany the registration packet submittal for each property being registered, and shall be valid for the calendar year, or remaining portion thereof, in which the registration was initially required. Upon a finding of good cause, registration fees may be prorated to the nearest (three month) period at the discretion of the Director of Planning and Economic Development and/or their designee. Subsequent registration renewals and fees are due January 1st of each year and must be received no later than January 31st of the year due.
(H) 
Relief from requirements:
(1) 
A real property which as of the effective date of the ordinance codified in this chapter, existed in a state of maintenance that complies with the provisions of this chapter shall be given relief from the requirements of this chapter upon a finding by the City's Code Enforcement Division that the property is being adequately maintained and that no violations exist upon or relative to the property. This relief is provisional and shall be rescinded upon a subsequent finding by the City's Code Enforcement Division that the property is in violation of this chapter.
(2) 
A real property, existing as an unmaintained vacant lot or containing vacant or abandoned buildings, and not previously registered and maintained in accordance with the provisions of this chapter, shall, upon a finding of a violation of this chapter, first be provided with notice of opportunity to correct said violation as provided for in subsection (I) of this section.
(3) 
A property owner of real property which is registered and maintained in accordance with the provisions of this chapter may seek relief from the requirements of this chapter by submitting a written request to the City's Code Enforcement Division. Such request for relief will be granted upon the making of findings by Code Enforcement staff that one of the following circumstances exist:
(a) 
Within the preceding 12 consecutive months, no violations have occurred upon or relative to the property, and no active Notices of Default remain recorded against the real property; OR
(b) 
Within the preceding six months, previously vacant buildings have been successfully maintained at a minimum tenancy level of 75 percent, with no violations occurring upon or relative to the property and no active Notices of Default remaining recorded against the real property.
This relief is provisional and shall be rescinded upon a subsequent finding by the City's Code Enforcement Division that the property is again in violation of this chapter.
(4) 
Any property owner who is financially unable to pay the annual registration and monitoring fee as required in Section 9-24.020(G) may file a request for a hardship waiver. The request for a hardship waiver shall be made on a form furnished by the City and submitted to the Code Enforcement Division within 15 days of the property being made subject to the registration requirements pursuant to this chapter. The form will be accompanied by a sworn affidavit together with any supporting documents demonstrating to the satisfaction of the Code Enforcement Division the person's financial inability to pay. A written decision specifying the reasons for approval or denial of the request will be made within 10 days of receipt of the request. The decision of the Code Enforcement Division shall be final. A hardship request, if approved, shall not in any way preclude the property owner from the repair and maintenance responsibilities established pursuant to this chapter.
(I) 
Notice of Violation. Upon a finding by the Code Enforcement Division that an unregistered property has fallen into a state of violation with the provisions of this chapter, notice will be issued to the property owner in the manner provided in Section 1-30.030(C) of this code. Such notice will establish a 30-day compliance period within which time the violations upon the property must be resolved. Where the severity of violations so dictates, a shorter compliance period may be established at the discretion of the Code Enforcement Division. A failure to fully comply with a notice, or to subsequently allow any previously noticed property to return to any state of violation, shall subject the property to the registration requirements of this chapter.
(Ord. 2024-003, 2/27/2024)
(A) 
Every property owner, as defined by this chapter, is responsible for maintaining their property in accordance with the applicable standards as set forth in this code and any other applicable regulation or law.
(B) 
All property owners of real properties which exist as unmaintained vacant lots, or which contain vacant or abandoned buildings subject to the registration requirements of this chapter shall have the obligation to perform an initial maintenance inspection within 10 days after becoming subject to the registration requirement, and to thereafter perform monthly maintenance inspections of the property to ensure that the property remains free of trespassers and in compliance with all applicable codes and regulations. Should the recurrence of continuing conditions of violation so dictate, the frequency of required inspections may be increased at the discretion of the Code Enforcement Division. Such maintenance inspections shall continue until the property is no longer subject to the registration requirement. Evidence of maintenance inspections in the form of brief written reports supported by date-stamped photographs shall be submitted to the Code Enforcement Division within 10 days of each monthly inspection. Such reports may be emailed. Extensions to the 10-day reporting requirement may be granted upon receipt by the Code Enforcement Division of a written request from the property owner at least 30 days prior to the report being due, and a subsequent finding of good cause to extend.
(C) 
To the extent authorized by law, and as provided for through the registration process, a code enforcement officer may enter onto each property as necessary to make inspections of the property and building exteriors. Upon request and 24 hours' notice by a code enforcement officer, the property owner shall provide access to building interiors to verify compliance with the provisions of this chapter.
(D) 
In the event a property owner resides outside of the County of Sonoma or is otherwise unable to personally fulfill the requirements of this chapter, the property owner's obligation to inspect the property shall be satisfied by contracting with an appropriate service provider or agent to inspect, maintain, and report on the registered property in accordance with this chapter. Should the property owner choose this option, they shall provide evidence of such contract to the City's Code Enforcement Division at the time of registration, or within seven days of any change resulting in a requirement that a new or replacement service provider or agent be used. This service provider or agent shall be available 24 hours per day, seven days per week, for the purpose of responding within one hour to complaints regarding the condition of the registered property. The property owner shall remain responsible for any service provider's or agent's failure to meet the requirements of this chapter.
(E) 
At the discretion of the Code Enforcement Division, properties subject to the registration requirement shall be posted with signs stating, "No Trespassing." Such signs shall be no smaller than eight- and one-half inches tall by eleven inches wide and shall consist of white lettering no smaller than one inch in height on a contrasting background. Such signs shall be weatherproof in design. Larger signs such as 2.5 feet by 3.5 feet may provide a greater level of deterrence and may, at the discretion of the Code Enforcement Division, be required where appropriate. Such signs shall contain the words, "NO TRESPASSING," the California Penal Code Section(s) that apply to the property, and the name and phone number for the City's Police Department. Such signs, where required, shall at a minimum be placed at each entrance to the real property and maintained in good condition at all times.
(F) 
All properties subject to the registration requirement shall also be posted with a sign providing the name and contact phone number of the property owner, or the service provider or agent of the property owner, responsible for the required inspection, maintenance, and reporting obligations. The sign shall be a minimum of 17 inches x 22 inches in size and shall consist of white lettering no smaller than one inch in height on a contrasting background. The sign shall be weatherproof in design. The sign shall provide the contact's name and phone number, along with the words, "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or similar words. The sign shall be placed at the front of the property in a conspicuous location and shall be maintained in good condition at all times.
(Ord. 2024-003, 2/27/2024)
(A) 
Unmaintained Vacant Lots. The property owner of any unmaintained vacant lot shall cause the lot to be cleaned and shall implement an active maintenance and monitoring schedule within 30 days. Active maintenance and monitoring shall include:
(1) 
Maintenance in good condition of grounds; perimeter fences or walls; and lighting if such exist;
(2) 
Maintenance in good condition of perimeter landscaping and plant material if such exist;
(3) 
Regular removal of all accumulated trash; debris; litter; dead or overgrown weeds or vegetation; and graffiti. Graffiti removal shall be conducted in accordance with Section 10-17.080 of this code;
(4) 
Prevention of unauthorized parking or storage of containers; vehicles or equipment; or parts thereof; and
(5) 
Prevention of criminal activity on the premises and trespass by unauthorized persons.
(B) 
Vacant or Abandoned Buildings. The property owner of any vacant or abandoned building shall commence rehabilitation for occupancy within 30 days, unless one of the following applies:
(1) 
The building is subject to, or becomes subject to, an active building permit authorizing repair or rehabilitation, and the property owner is progressing diligently to complete the repair or rehabilitation;
(2) 
The building meets all codes, is ready for occupancy, and, through the verifiable use of signage, current real estate listings, or other acceptable means, is actively being offered for sale, lease or rent; or
(3) 
The City's Code Enforcement Division determines that the building is registered pursuant to this chapter; and does not contribute to/is not likely to contribute to neighborhood blight because the property owner is actively maintaining and monitoring the building. Active maintenance and monitoring shall include:
(a) 
Maintenance in good condition of accessory structures; parking areas; perimeter fences or walls; lighting; sign structures as applicable; and landscaping and plant material in weed-free condition;
(b) 
Maintenance in good condition of building exteriors so as to ensure structural safety and preservation of the physical integrity and appearance of the structure, including, but not limited to, paint and finishes; foundation; roof; windows; stairs; and decks;
(c) 
Regular removal of all dead or overgrown weeds or vegetation; exterior trash; debris; litter; and graffiti. Graffiti removal shall be conducted in accordance with Section 10-17.080 of this code;
(d) 
Maintenance of the building and real property in compliance with all applicable codes and regulations;
(e) 
Prevention of criminal activity on the premises and trespass by unauthorized persons; and
(f) 
Securing of the interior of the building from entry by unauthorized persons; preservation of the interior from damage by the elements or plumbing leaks, and free from accumulations of garbage, other debris, and/or infestation by rodents, insects, or other pests.
(Ord. 2024-003, 2/27/2024)
All real properties which exist as unmaintained vacant lots, or which contain vacant or abandoned buildings shall be secured against trespassing in the following manner:
(A) 
All doors and windows of the building shall be in good, working condition and secured against unauthorized entry.
(B) 
All broken doors and windows shall be replaced or covered in a manner acceptable to and approved by the Code Enforcement Division.
(C) 
The Code Enforcement Division, in its discretion, may require securing the property in an approved manner to ensure adequate protection against unauthorized entry, or by any other reasonable measures to prevent trespassers. These protections include, but are not limited to, plywood boarding of all windows and doors and/or the erection of fencing. Plywood boarding, where used, shall be painted to match the exterior color of the structure, and shall be subject to the following standards:
(1) 
Unless additional measures are determined necessary by the Code Enforcement Division, plywood boarding of all windows and doors shall at a minimum be performed as specified in this section and in the following figures:
(2) 
Specifications for Plywood Boarding.
(a) 
Exterior Plywood shall be of un-sanded CDX grade;
(b) 
Plywood thickness shall be 1/2 inch for window openings, 5/8 inch for door openings and 3/4 inch for sliding door and French door openings. When extra-large window openings are encountered use 5/8 inch or 3/4 inch as necessary;
(c) 
All holes shall be drilled to accommodate round head carriage bolts. The holes in the top of the plywood should be 12 inches down from the top and 20% of the width of the plywood cover, in from the side;
(d) 
The holes in the bottom should be 25 percent of the height of the plywood, up from the bottom and the same distance in from the side as the top;
(e) 
Carriage bolts mated with nut and two three-inch flat washers as shown in the side view. Washers shall be of sufficient size to fully accept the square portion of bolt beneath the head. Bolt and mating hardware may be galvanized, or cadmium plated. 3/8 inch x 12 inch bolts should be supplied with each 2 foot 8 inch door, 3 feet 0 inch door, and glass sliding door cover. 3/8 inch x 10 inches bolts should be supplied with the rest;
(f) 
2 inch x 4 inch lumber should be graded and should be a minimum of 16 inches longer than the width of the plywood cover. (Note: 2x4s shall be drilled with 1/2 inch diameter holes that line up with the holes in the plywood covers.);
(g) 
All windows and doors, except the front door (unless front door is missing), through which access to the interior of the dwelling is made, shall be secured. All window boards shall be cut to fit inside window openings with a maximum 1/8 inch clearance. The plywood covering shall be of one continuous piece when possible;
(h) 
All fabricated parts and ancillary materials become property of the property owner; and
(i) 
All coverings are to be fabricated according to the attached drawing and specifications.
(3) 
Boarding Windows.
(a) 
Except as noted below, all window sashes, frames, glass, and hardware are to be undamaged by the boarding installation;
(b) 
All screen inserts are to be removed, marked as to location, and stored within the building;
(c) 
In all cases where it is possible to adjust the position of the sashes to accommodate the specifications for boarding above, the sashes are to remain in the frame;
(d) 
In instances wherein the sashes cannot be adjusted to accommodate the boarding specifications above, the sashes shall be removed from the frames and stored within the building. This includes all stationary side- or top-lights secured by stops;
(e) 
In cases wherein the sash cannot be removed and/or the frame is permanently built into the house and cannot be removed (i.e., Fenestra windows) it will be necessary to break the corner panes to accommodate the boarding and bolts. If the location of bolt holes in the plywood requires modification because of the muntin bar (a small bar that divides a windows glass), these locations are to be modified. In no case, in any type of window, is any sash or frame part to be damaged;
(f) 
In all instances where items should be removed from the frame and stored, each item shall be clearly marked as to the area from which it was removed;
(g) 
All items are to be stored on edge and braced to prevent accidental tipping, sliding, etc. In no instance is any item to be stored laid flat;
(h) 
Hinged windows are to be completely removed from the frame and stored as stated in subsection (C)(3)(g) above. If possible the hinge pins are to be removed and remain with the removed item; and
(i) 
Faced nailing of panels to wood frame windows is specifically prohibited.
(Ord. 2024-003, 2/27/2024)
It shall be unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this chapter. Violations of this chapter may be enforced in any combination of remedies as outlined in Chapters 1-28 and 1-30, in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances.
It shall be a violation for any property owner to fail to register, or renew a registration for, or fail to maintain, a real property identified as being an unmaintained vacant lot or having vacant or abandoned buildings upon it, which exists in violation of this chapter. For purposes of this section, "register or renew" means to submit the requisite, fully completed registration packet within the required submittal time, accompanied by all required supporting documents and fees.
It shall be a violation of this chapter for any property owner to fail to conduct the required initial or monthly maintenance inspections or enhanced inspections as may be required for a registered property; fail to post and maintain required signage; fail to timely submit the required evidence of inspection reports to the Code Enforcement Division; fail to correct nuisance conditions upon their property; or fail to secure their property from trespassers.
(Ord. 2024-003, 2/27/2024)
Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is permitted under Chapter 1-30.
(Ord. 2024-003, 2/27/2024)
Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, entity and/or corporation who violates any portion of this chapter shall be subject to prosecution and/or administrative enforcement under Chapter 1-30.
(Ord. 2024-003, 2/27/2024)