Chapter 8.22
LONG-TERM BOARDED AND VACANT BUILDINGS
Sections:
8.22.010 Findings - vacant and boarded buildings.
8.22.030 Long-term boarded and vacant building prohibited.
8.22.040 Permitted time periods to commence and correct violations.
8.22.060 Opportunity for a hearing.
8.22.080 Inspection of premises.
8.22.090 Administrative penalty.
8.22.100 Administrative penalty - factors.
8.22.110 Payment of administrative penalty.
8.22.010 Findings - vacant and boarded buildings.
The city council finds as follows:
A. Vacant buildings are a major cause and source of blight in both residential and nonresidential 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 which are boarded, substandard or unkempt properties, and long-term vacancies discourage economic development and retard appreciation of property values.
B. It is a 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.
C. One vacant property which is not actively and well maintained and managed can be the core and cause of spreading blight. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.020 Definitions.
The definitions contained in this section shall govern the construction of this Chapter.
A. “Blight” shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
B. “Boarded building” or “boarded up” shall mean a building whose doors or windows have been covered with plywood or other material.
C. “Vacant building” or “vacant” shall mean a building which is without a resident or occupant or which is not being put to a lawful commercial or industrial use. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.030 Long-term boarded and vacant building prohibited.
A. The owner 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 commence rehabilitation for occupancy within thirty (30) days after the building is boarded.
B. No person shall allow a building designed for human use or occupancy to stand vacant for more than thirty (30) days, unless 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 codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.
3. The building official determines that the building does not contribute to, and is not likely to contribute to, blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:
a. Maintenance of landscaping and plant materials in good condition.
b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.
c. Regular removal of all exterior trash, debris and graffiti.
d. Maintenance of the building in continuing compliance with all applicable codes and regulations.
e. Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.040 Permitted time periods to commence and correct violations.
A. Any owner of a boarded building in violation of subsection 8.22.030(A) or any owner of a vacant building in violation of subsection 8.22.030(B) shall commence any corrections or repairs necessary to comply with this Chapter within thirty (30) days of the date of the issuance of the notice of violation. The date of the issuance of the notice of violation shall be the date the notice of violation is mailed to the property owner or posted on the property as provided for in section 8.22.050, whichever is earlier. Provided the property owner diligently pursues corrections or repairs to completion, no administrative penalties shall be imposed. In the event the property owner does not request a hearing or commence corrections within thirty (30) days of the date of the issuance of the notice of violation, the city may impose administrative penalties as provided for in section 8.22.090. In the event the property owner requests a hearing, the thirty (30) day correction commencement period shall be suspended from the date of the request until such time as the hearing officer renders a decision. Upon the issuance of the hearing officer’s decision, the property owner shall have the balance of the original thirty (30) day period to commence any necessary corrections or repairs before administrative penalties accrue.
B. Prior to the expiration of the thirty (30) day correction commencement period, the property owner shall submit a rehabilitation plan to the building official. The rehabilitation plan shall include the following:
1. A statement outlining the property owner’s plan for remedying each of the conditions described in the notice of violation as constituting a violation of this Chapter.
2. The expected timeline for completing any necessary corrections or repairs.
C. Once the property owner commences corrections or repairs, the owner shall work diligently to ensure such corrections or repairs are completed in a timely manner. In no case shall such repairs or corrections take longer than ninety (90) days from the date of the issuance of the notice of violation, sixty (60) days from the end of the thirty (30) day correction commencement period or any extension as provided for in section 8.22.070, whichever is later. In the event a property owner does not comply with this subsection, the city may impose administrative penalties as provided for in section 8.22.090. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.050 Notice of violation.
A. The code enforcement officer or his or her designee shall issue a notice directed to the record owner of the premises. The notice shall contain:
1. The street address and such other description as is required to identify the premises.
2. A statement specifying the conditions which constitute a violation of this Chapter.
3. A statement that administrative penalties may begin to accrue upon the expiration of the thirty (30) day correction commencement period if the property owner does not begin to make corrections or repairs to remedy any violations of this Chapter. The statement shall state that the thirty (30) day correction commencement period begins on the date of the issuance of the notice of violation. The statement shall identify the date of issuance.
4. A statement that the property owner must submit a rehabilitation plan specifying how the conditions constituting a violation of this Chapter will be remedied and the expected timeline for doing so.
5. A statement notifying the property owner that he or she may request a hearing within twenty (20) calendar days of the mailing of the notice to dispute the existence of any violation or to show cause why an administrative penalty should not be assessed in accordance with this code. The statement shall notify the property owner that the thirty (30) day correction commencement period shall be suspended from the date of a request for a hearing until such time as the hearing officer renders a decision.
6. A statement advising the owner that he or she has the option of voluntarily correcting the condition(s) which violate the provisions of this Chapter prior to the imposition of administrative penalties. If the owner chooses to correct the conditions, the corrections must be completed prior to the expiration of the ninety (90) day correction completion period or any applicable extension, whichever is later. The owner must advise the code enforcement officer in writing that he or she will correct the conditions and the date of completion. The code enforcement officer or his or her designee will inspect the premises on the completion date, and if the conditions have been corrected, no administrative penalties will be assessed.
7. A statement notifying the property owner that he or she may request an extension as provided for in section 8.22.070.
B. The notice of violation, and any amended or supplemental notice, shall be served either by personal delivery or by return receipt mailing upon the record owner at his or her address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the code enforcement officer. A copy of the notice any amended or supplemental notice shall also be posted on the building. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; 2007-11, Repealed & Replaced, 08/21/2007)
8.22.060 Opportunity for a hearing.
Hearings shall be scheduled and conducted as provided for in Chapter 21.03. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.070 Extension
The building official may, upon request of the owner of the premises grant a thirty (30) day extension from the expiration of the ninety (90) day correction completion period for good cause shown. The building official may grant one (1) extension for each property in violation of this Chapter. Administrative penalties shall not accrue during the extension period. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.080 Inspection of premises.
A. If the property owner requests a hearing, the hearing officer may, with the consent of the owner, inspect the building and premises involved in the hearing prior to, during or after the hearing, provided that:
1. Notice of such inspection shall be given to the parties before the inspection is made;
2. The parties are given an opportunity to be present during the inspection; and
3. The hearing officer shall state for the record during the hearing, if requested, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
B. The owner shall have a right to rebut or explain the matters stated by the hearing officer pursuant to subsection (A) either for the record during the hearing or by filing a written statement within five (5) days after the hearing for inclusion in the hearing record.
C. An inspection warrant or the owner(s) consent to inspect the building and surrounding properties is required unless such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.090 Administrative penalty.
A. Any owner of a boarded building which remains boarded in violation of subsection 8.22.030(A) or any owner of a building which remains vacant in violation of subsection 8.22.030(B) beyond the time period for remediation allowed who fails to commence corrections or repairs within the correction commencement period allowed for in subsection 8.22.040(A) shall be liable for administrative penalties.
B. Any owner of a boarded building which remains boarded in violation of subsection 8.22.030(A) or any owner of a building which remains vacant in violation of subsection 8.22.030(B) beyond the correction completion period allowed for in subsection 8.22.040(C) or any extension as provided for in section 8.22.070, whichever is later, shall be liable for administrative penalties.
C. Any violation of section 8.22.030 shall be a misdemeanor. Any administrative penalty imposed pursuant to this chapter shall be in an amount not to exceed $1,000 per building for each violation. Pursuant to section 21.01.030, each and every day, or portion thereof, of continuing violation shall constitute a separate and distinct offense. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.100 Administrative penalty - factors.
In setting the penalty, the building official shall consider factors including, but not limited to: the severity, extent and length of time in which the blighting conditions have existed on the property; the owner’s efforts, or lack thereof, to remedy the problem; staff time and costs incurred in investigating the conditions; and the extent, if any, to which an administrative penalty would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2007-11, Repealed and Replaced, 08/21/2007)
8.22.110 Payment of administrative penalty.
A. Upon the expiration of the thirty (30) day correction commencement period, the ninety (90) day correction completion period or any applicable thirty (30) day extension, whichever is applicable, the city may send the property owner a letter notifying him or her of any administrative penalties being imposed. The city shall send a letter each and every time administrative penalties are imposed. The administrative penalty shall become due and payable within thirty (30) days of the mailing of the letter notifying the property owner of the administrative penalty.
B. If the administrative penalty is not timely paid, the city may initiate action to collect the penalty by the remedies and procedures provided for in section 21.02.100.
C. An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the 31st day following the date the penalty is due and payable as provided for in subsection (A) of this section. (Ord. 2008-02, Repealed & Replaced, 06/03/2008)