Chapter 7.70
ABANDONED AND DISTRESSED REAL PROPERTY
Sections:
7.70.030 General requirements.
7.70.040 Registration statement requirements.
7.70.060 Requirements for owners.
7.70.090 Violations and penalties.
7.70.010 Purpose.
Vacant properties are potentially a major source of blight in residential, nonresidential, and mixed-use neighborhoods, particularly when property owners fail to actively manage and maintain them. Abandoned and distressed real properties discourage economic development, retard appreciation of property values, pose potential fire hazards, and can jeopardize neighboring property owners’ ability to secure and maintain affordable fire insurance. The purpose of this chapter is to establish uniform and reasonable regulations to prevent the immediate risks and detrimental effects associated with abandoned and distressed real properties. (Ord. CCO-22-02 § 2, 2022)
7.70.020 Definitions.
As used herein:
“Abandoned” means real property that has been vacant for a period of six consecutive months or longer.
“Accessible” means a building or structure not secured to prevent unauthorized access.
“Distressed” means real property that is abandoned, or if occupied, a property in which at least 40 percent of the gross floor area of the principal building or structure is vacant.
“Evidence of vacancy” means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the building or structure 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 habitation, and statements by neighbors, passersby, delivery agents, government employees, etc., that the property is vacant.
“Occupied” means only occupancy by a person, persons, or other legal entity(ies) with a legal right to occupy the building or structure. The use of all or a portion of a building or structure for storage is not considered occupied unless that storage is itself a legally established use or is accessory to an ongoing legally established use conducted within the building or structure.
“Owner” means any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.
“Owner of record” means the legal entity holding recorded title to the real property in question at any point in time when official records are produced by the Siskiyou County Recorder’s office.
“Real property” means any improved or unimproved land or portion thereof, situated in the City, including all buildings, structures, and other improvements located on it.
“Vacant” means improved real property in a residential or commercial zoning district, regardless of use, where the principal building or structure is not legally occupied. “Vacant” does not include a residential property listed for sale or a legally established dwelling that is intermittently occupied provided such residential properties are actively managed and maintained so as to not appear vacant when viewed from neighboring properties and public rights-of-way. (Ord. CCO-22-02 § 2, 2022)
7.70.030 General requirements.
(A) The owner of any abandoned or distressed building, structure, or other real property as defined herein shall within 60 days after the building, structure, or other real property becomes abandoned or distressed or within 30 days after assuming ownership of such abandoned or distressed property, whichever is later, file a registration statement for each such property with the City Clerk on forms provided by the City Clerk for such purpose. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building, structure, or other real property remains abandoned or distressed and shall pay a registration or renewal fee as prescribed in this chapter for each abandoned or distressed property registered.
(B) The owner shall notify the City Clerk within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the City Clerk for such purposes.
(C) The registration statement shall be deemed prima facie proof of the statements therein in any administrative enforcement proceeding or court proceeding instituted by the City against the owner(s) of the building. (Ord. CCO-22-02 § 2, 2022)
7.70.040 Registration statement requirements.
(A) The registration statement shall include the name, street address, and telephone number of a natural person 18 years of age or older, designated by the owner(s) as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner(s) in connection with the enforcement of any applicable code or of this chapter. This person must maintain an office in the State or reside within the State.
(B) The registration statement shall also include the name of the person responsible for maintaining and securing the property so that it is not accessible, if different from the person identified in subsection (A) of this section.
(C) The registration statement shall also include the name, address, and telephone number of the agent authorized to rent the property or the name, address, and telephone number of the listing real estate agent who is authorized to list the property.
(D) An owner who is a natural person and who meets the requirements of this section as to location of residence or office may designate him or herself as agent in subsection (A) of this section, the person responsible for maintaining and securing the property in subsection (B) of this section, and the agent authorized to rent the property in subsection (C) of this section.
(E) By designating an authorized agent under the provisions of subsection (A) of this section the owner consents to receive any and all notices of Mt. Shasta Municipal Code violations concerning the registered abandoned or distressed real property and all process in any court proceeding or administrative enforcement proceeding brought to enforce such code provisions concerning the registered property by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent’s designation for the purposes of this section until the owner notifies the City Clerk of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from responsibility or liability under any requirement of this chapter. (Ord. CCO-22-02 § 2, 2022)
7.70.050 Property inspection.
After filing a registration statement or renewal of a registration statement, and following reasonable notice by the City, the owner of any abandoned or distressed property shall provide access to the City to conduct an exterior and interior inspection of the building or structure to determine compliance with the Municipal Code. (Ord. CCO-22-02 § 2, 2022)
7.70.060 Requirements for owners.
The owner of any building, structure, or other real property that has become abandoned or distressed, and any individual(s) maintaining, operating, or collecting rent for any such building or structure that has become abandoned or distressed, shall within 30 days:
(A) Secure the building or structure against unauthorized access.
(B) Keep the property free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, discarded personal items, and the accumulation of newspapers, circulars, flyers, notices (except those required by Federal, State, or local law), and any other items that give the appearance the property is abandoned.
(C) Provide that yards are maintained to the neighborhood standard. As used herein, “neighborhood standard” means the condition of real property that prevails in and through the neighborhood where an abandoned or distressed property is located. When determining the neighborhood standard, no abandoned or distressed property shall be considered.
(D) When located in a commercial zoning district, provide that all windows are fully covered with plain paper or display artwork, merchandise offered for sale by another business within the community, or materials provided by a Mt. Shasta community nonprofit organization.
(E) Remove the signage for any previous tenant as required by the Mt. Shasta Municipal Code.
(F) Repair or rehabilitate the property so it meets all applicable codes adopted by the City for occupancy, or otherwise obtain a permit to demolish the building. (Ord. CCO-22-02 § 2, 2022)
7.70.070 Fee schedule.
The initial registration fee for each abandoned or distressed property shall be $500.00, but may be reduced to $100.00 if the City Clerk receives acceptable evidence that the property has been listed for sale or rent at a reasonable price with a licensed real estate agent authorized to sell or lease the property. The fee for the first and every subsequent renewal is $500.00. The City Clerk may waive the fee entirely with acceptable evidence that (A) the property is being utilized for a community benefit, or (B) a building permit has been issued for improvements/repairs that exceed 50 percent of the property value and said improvements/repairs are actively being pursued to the satisfaction of the Building Official. (Ord. CCO-22-02 § 2, 2022)
7.70.080 Administration.
The City Manager may issue rules and regulations for the administration of the provisions of this chapter. (Ord. CCO-22-02 § 2, 2022)
7.70.090 Violations and penalties.
(A) Violation of this chapter is a strict liability offense. A violation occurs regardless of a violator’s intent or knowledge of the violation.
(B) Any owner who is not in full compliance with this chapter or of any rules or regulations authorized and issued hereunder shall be subject to penalty as provided for herein and elsewhere in the City Code.
(C) The remedies in this section are cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Municipal Code. The City Attorney or designee may pursue other rights or remedies, including, but not limited to, commencement of a civil or administrative action to abate the condition as a public nuisance.
(D) If the City takes administrative action to abate the condition of a property subject to the registration requirement, in addition to, or in lieu of the remedies in this chapter, the following administrative penalties shall apply:
(1) Upon being found to be in violation of this chapter, each party subject to an abatement order shall pay an administrative penalty of up to $1,000.
(2) If a violation of this chapter addressed by abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of the City Manager by the thirtieth day after the deadline imposed by the City Manager, each party subject to said abatement order shall pay a supplemental administrative penalty of up to $5,000.
(3) If a violation of this chapter addressed by abatement order has not been abated, cured, remedied, or eliminated to the reasonable satisfaction of the City Manager by the sixtieth day after the deadline imposed by the City Manager, each party subject to said abatement order shall pay a supplemental administrative penalty of up to $25,000.
(4) In each instance when a party becomes subject to an administrative penalty specified in this section, the City Manager or his/her designee shall issue an order providing written notice of that party’s obligation to make payment of said administrative penalty. Each such order shall constitute a debt of the record owner and a special assessment against the subject property, having the same legal status as an order determining cost of abatement of a public nuisance.
(5) If a party becomes subject to an administrative penalty when that party is the property’s owner of record, or is otherwise responsible as provided under this chapter, that party is not relieved of its obligation to pay the penalty based upon the subsequent sale of the property in question to another. (Ord. CCO-22-02 § 2, 2022)
7.70.100 Appeal.
Any monetary penalty or other punitive action by the City authorized under this chapter may be appealed by the party against whom it is imposed to the City Council, the decision of which shall be final. A request for such an appeal shall be in writing and must be submitted to the City within 60 days after the City Manager or his/her designee issues written notice of the imposition of the penalty or other punitive action. Pending the results of the appeal, the appellant shall deposit any monetary penalty with the City Clerk, unless the appellant does not have the financial ability to do so. (Ord. CCO-22-02 § 2, 2022)