Chapter 8.36
MAINTENANCE OF VACANT BUILDINGS
Sections:
8.36.010 Condition.
All vacant buildings shall be maintained in a nonblighted condition, consistent with the requirements of this chapter. A vacant building in a blighted exterior condition shall be deemed a public nuisance. If an enforcement officer or code enforcement officer as defined in Chapter 1.18 finds the building is being maintained in a blighted condition, he or she may issue a notice of correction to the property owner and the property owner may be subject to enforcement action as set forth in this chapter. (Ord. 18-05 §1(part), 2018).
8.36.020 Definition.
"Vacant building" means real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean fifty percent or more of the units are unoccupied or occupied by unauthorized persons. (Ord. 18-05 §1(part), 2018).
8.36.030 Maintenance.
All vacant buildings shall be actively maintained, monitored and secured in compliance with all of the following standards:
A. Maintain all yards visible from any public right-of-way, including interior yards visible from adjacent properties to be maintained in a safe and sanitary condition, including keeping all plant materials controlled to avoid overgrowth as defined in Section 8.32.030; including park strips, with landscaping as defined in Section 17.90.020, installed and maintained in a trimmed, live and healthy condition; the requirements of this subsection to maintain live plant material shall not be effective if and during the time the city has implemented water shortage contingency rationing under its water conservation ordinance.
B. Maintain the exterior of the building, including but not limited to paint, finishes, roofing materials, siding, stucco, masonry, railings, steps, gutters, and structural elements in good condition. Painted surfaces shall be deemed in good condition if there is at least ninety-five percent coverage of the structural element that is painted.
C. Remove all trash and debris from exterior of the property within seventy-two hours of notification.
D. Comply with all applicable state and local codes and regulations, and any applicable city issued permits and site plans in the replacement and repair of all elements of the exterior of the building.
E. Take all reasonable steps necessary to prevent criminal activity, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity, on the premises. Examples of reasonable steps include actively monitored security alarm systems and frequent physical inspections.
F. Secure and maintain the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers. Securing windows that are visible from any public right-of-way shall be done only with rigid transparent material such as clear Lexan type material with a minimum of three-eighths-inch thickness to one-half-inch thickness. No opaque (typically plywood) boarding materials shall be used where visible from a public right-of-way, following sixty days of the effective date of the ordinance codified in this chapter.
G. Remove all graffiti on the property within forty-eight hours of placement on the property.
H. Maintain the property free of all fire hazards.
I. Maintain the property in compliance with Chapter 8.32 of this code.
J. All buildings that have been or are expected to be vacant for longer than sixty days shall be registered with the city as may be provided on a city website and city application. The registration shall include the identity of all record owners, the street address of the vacant building, and a local contact and shall be maintained only for internal use by the city. The city may establish a registration fee by resolution. (Ord. 18-05 §1(part), 2018).
8.36.040 Noncompliance.
Failure by the property owner to comply with each of the standards set forth in Section 8.36.030 for the exterior of a vacant building within twenty days of notification under this section is a separate violation of this code and subject to the following penalties:
A. Use of any abatement procedure provided in Chapter 8.32 of this code;
B. Issuance of a criminal citation under Chapter 1.18 of this code, should the owner of a vacant building be found responsible for three or more violations of this chapter on three or more separate buildings within a thirty-day period;
C. Issuance of an administrative citation under Chapter 1.18 of this code. There shall be a presumption that a violation continued from day to day between the initial inspection date at which it was observed by the city and a subsequent inspection date at which it continued to exist; and/or
D. Vacant properties that are not registered on the city’s vacant property registry shall be subject to an administrative citation; and/or
E. Institution of legal action to pursue any available legal remedy, including receivership or injunction, by the city attorney upon request by the city manager or city council. (Ord. 18-05 §1(part), 2018).
8.36.050 Occupancy.
If a vacant building has been found to be in violation of this chapter, the building shall not be occupied until all fines and abatement costs are paid, or acceptable arrangements with the city for payment have been made, and the owner certifies the property meets all health and safety code standards that are required for occupancy and the property owner receives a written release from the city. The city reserves the right to require an interior inspection of the property to ensure the property meets local and state law requirements for habitability prior to issuing the city’s release for occupancy. (Ord. 18-05 §1(part), 2018).
8.36.060 Grace period.
Owners of newly acquired blighted vacant buildings shall have sixty days from the date of legal possession of the building to be in compliance with this chapter. (Ord. 18-05 §1(part), 2018).