Chapter 8.09
ABANDONED AND VACANT PROPERTY
Sections:
8.09.010 Findings – Declaration of purpose.
8.09.030 Classification of nuisances.
8.09.040 Maintenance requirements.
8.09.050 Security requirements.
8.09.070 Additional requirements.
8.09.010 Findings – Declaration of purpose.
The Council finds that neglected, vacant, and abandoned properties are a major source of blight in residential and nonresidential neighborhoods, especially when owners or responsible persons fail to maintain and manage those properties in a manner that ensures they do not become a liability to the surrounding community. Vacant buildings often attract transients, criminals, and drug users. Use of vacant, unsecured buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the building and adjacent properties and presents a dangerous attractive nuisance to children. Vacant properties are often used as dumping grounds for drug paraphernalia, furniture, tires, garbage, junk and debris, and are frequently overgrown with weeds and vegetation. In addition, the presence of vacant buildings that are simply boarded up for long periods of time to prevent entry by transients or vandals very often discourages economic development and encourages graffiti, disrupting neighborhood stability, retarding appreciation of property values, and promoting blight conditions. As a result, neighboring property owners and occupants are denied full use and enjoyment of their property.
The City currently expends vast resources monitoring and responding to the numerous health, welfare, safety, and economic problems caused by neglected, vacant properties. Because there is already a significant cost to the City for monitoring these properties, as well as a substantial toll on the citizens who are affected by the nuisance conditions created, the City Council finds there is an urgent need to implement a process by which these buildings are monitored and the costs borne by the owners of these properties, rather than the community. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.010)
8.09.020 Definitions.
For the purposes of this chapter, the following terms shall have the meanings indicated below:
“Abandoned” means any residential property in the City that is vacant or shows evidence of vacancy and:
1. Is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale; and/or
2. Was the subject of a foreclosure sale where the title was retained by the beneficiary or trustee of a deed of trust involved in the foreclosure who is the current owner of the property; and/or
3. Was transferred to the current owner under a deed in lieu of foreclosure or sale.
“Dangerous building” means any building or structure that is in violation of any condition referenced in Chapter 14, Article II, Division 8, Uniform Code for the Abatement of Dangerous Buildings.
“Default” means the failure to fulfill a contractual obligation, monetary or conditional.
“Evidence of vacancy” means any condition that on its own or combined with other conditions present leads any person authorized to enforce this code, in his or her reasonable discretion, or would lead any other 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, the absence of furnishings and/or personal items consistent with residential habitation, and statements by neighbors, passersby, delivery agents or government employees that the property is vacant.
“Owner” means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
“Property” means any unimproved or improved real property or portion thereof situated in the City, and includes the buildings or structures located on the property regardless of condition.
“Residential property” means any improved real property or portion thereof situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted and/or zoned for such use.
“Securing” means such measures as may be directed by the Director of Planning 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 or padlocking of gates, and the repair or boarding of doors, windows 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.
“Vacant” means any building or structure that is unoccupied or occupied by unauthorized persons whether or not it is secured or boarded. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.020)
8.09.030 Classification of nuisances.
The following acts and conditions, when performed or existing upon any lot or parcel within the City, are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare:
A. Buildings or structures that are under construction or rehabilitation and are not completed during the term of a valid building permit or building permit extension issued by the Director of Planning or his or her designee.
B. Unoccupied buildings or structures that have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements.
C. Buildings or structures for human use or occupancy that have been left vacant for more than 180 days, unless one of the following applies:
1. The building or structure 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 or structure complies with all codes adopted by the City of Newman, does not otherwise constitute a public nuisance, is ready for use or occupancy and is actively being offered for sale, lease or rent.
3. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and secured pursuant to NCC 8.09.040 and 8.09.050.
D. Every owner, occupant or person having charge or control of a building, structure, or property is liable for violations of this chapter regardless of any contract or agreement with any third party. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.030)
8.09.040 Maintenance requirements.
Every owner, lessee, occupant, or person having charge or control of buildings, structures, or property within the City is required to maintain the building, structure or property subject to the following maintenance requirements:
A. Any condition causing the property to constitute a dangerous building shall be immediately remedied.
B. Properties must be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, or 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 abandoned.
C. The property 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.
D. Visible front and side yards shall be mowed, landscaped and otherwise maintained to the satisfaction of the Director of Planning or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf or sod designed specifically for residential installation. Weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.
E. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris, or shall be drained and kept dry.
F. The owner of any vacant building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall rehabilitate the boarded building for occupancy, in accord with all applicable codes and regulations, within 180 days after the building is boarded, except as provided in NCC 8.09.030(C)(3).
Adherence to this section does not relieve the 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. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.040)
8.09.050 Security requirements.
Any property in the City of Newman classified as abandoned or vacant shall be subject to the following security requirements:
A. All windows, doors (walk-through, 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(s) shall be secured so as to prevent access by any unauthorized person. In the case of broken windows, “securing” means the re-glazing or boarding of the window.
B. Pools and spas shall be fenced or otherwise secured to prevent access or use by any unauthorized person.
C. The property shall be posted with name and 24-hour contact phone number of a local property management company. The posting shall be no less than four inches by six inches 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. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.050)
8.09.060 Inspection.
The owner shall inspect the abandoned or vacant property on a monthly basis, or more frequently if required by the Director of Planning or his or her designee, to ensure that the property is in compliance with the requirements of this chapter and any other applicable laws. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.060)
8.09.070 Additional requirements.
A. The owner shall comply with all applicable laws and codes, including zoning, historic preservation, housing, and building codes.
B. If the owner of a vacant property is a corporation, limited liability company or similar entity or is an out-of-area beneficiary, trustee, or owner, the owner shall contract with a property management company to ensure that the requirements of this chapter, and any other applicable laws, are being met.
C. The Chief of Police or his or her designee(s) shall have the authority to require the owner of any property subject to this chapter to implement additional maintenance and/or security measures including, but not limited to: securing any or all doors, windows or other openings, installing additional security lighting, 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 and prevent the maintenance of an attractive nuisance. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.070)
8.09.080 Other enforcement.
Nothing in this chapter shall preclude the City from demolishing any building on the property or taking any other action authorized by this chapter, other provisions of this code, or applicable law. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.080)
8.09.090 Appeals.
Any person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Chapter 8.06 NCC. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.090)
8.09.100 Violation – Penalty.
A violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, or corporation that violates any provision of this chapter shall be subject to prosecution and administrative enforcement as provided in the Newman City Code. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.100)
8.09.110 Severability.
If any section or portion of this chapter shall be determined invalid or unconstitutional, that section or portion shall be deemed severable and all remaining sections or portions shall remain in full force and effect. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.110)
8.09.120 Effective date.
The City Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare. The facts constituting this emergency are as follows: The number of vacant properties due to foreclosure and abandonment is imminently straining local resources in the City of Newman, causing blight in severe numbers, creating harborages for criminal activity, the effect of which is causing an overall devaluation of local properties. The City does not have the resources to devote to the severe blight and management of these properties and, therefore, must initiate measures such as this to prevent the proliferation of criminal activity and blight by the vacant and abandoned properties. (Ord. 2017-1 § 3, 7-11-2017; Ord. 2008-10, 12-9-2008. Formerly 8.08.120)