Chapter 4.65
NUISANCES CONSISTING OF ABANDONED OR
SUBSTANTIALLY DAMAGED DWELLING STRUCTURES
Sections:
4.65.010 Findings and purpose.
4.65.030 Rehabilitation required.
Prior legislation: Code 1997 §§ 17-91– 17-95.
4.65.010 Findings and purpose.
The city of South Lake Tahoe finds it is a responsibility of property ownership, whether a local or an out of town resident, to prevent their property from becoming a burden to the neighborhood and community as well as a threat to the public health, safety or welfare. This finding is based on the following:
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 mange the upkeep of the building.
B. Vacant or boarded buildings often attract transients and criminals, including drug users. Use of such buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the building and adjacent properties.
C. Vacant or boarded properties are often used as dumping grounds for junk, debris, and abandoned vehicles and are often overgrown with weeds and other vegetation.
D. Vacant buildings that are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values.
E. Seasonal occupancy and out-of-town ownership frequently account for a majority of nuisances involving vacant or boarded buildings which are also often substandard or unkept, thus constituting public nuisances.
F. Dwelling structures that are abandoned in a partial state of construction create an attractive nuisance and have many of the same detriments to the community as vacant or boarded properties.
The purpose of this chapter, therefore, is to monitor these vacant and boarded buildings and require their upkeep and ongoing maintenance so that they do not become or continue to be attractive nuisances, are not used by trespassers, are properly maintained and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police department, the fire department, the public works department, and the planning department. (Ord. 879 § 1; Ord. 1182 § 2. Code 1997 § 17-89)
4.65.020 Definitions.
1. “Abandoned building” means a structure which has been vacated as evidenced by discontinuance of utility service and/or unmaintained, or is uninhabitable as deemed by the building official or code enforcement officer, or where a structure remains in a state of partial construction for a period of 180 days or more and where continuation of the condition is unsightly or hazardous to the public health, safety, or welfare.
2. “Blight” means anything that destroys or prevents economic growth, or causes devaluation of a building or structure.
3. “Boarded building” means a structure which has been covered or closed with boards or similar material to deter entrance or secure for a specific reason or purpose.
4. “Building” means any structure as to which government agencies have regulatory power, used or intended for supporting or sheltering any use or occupancy (designed or used for the support, shelter, or enclosure of persons, animals, or property of any kind).
5. “Damaged/destroyed” means buildings damaged or destroyed by fire or other similar calamity and determined to be uninhabitable by the city of South Lake Tahoe or other federal or state agency.
6. “Derelict” means an abandoned structure or other development, including foundations. Abandonment is determined without regard to intent to abandon. Evidence of abandonment includes lack of maintenance, access, utility connections, habitability or ability to function in the applicable use category which causes loss of development rights as determined by Tahoe Regional Planning Agency.
7. “Dwelling” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation.
8. “Maintenance” is the ordinary maintenance and repair, which is the upkeep or preservation of the condition of a building both inside and out in order to keep the existing structure in a safe condition, orderly appearance and to prevent corrosion or deterioration caused by weather, age or other conditions.
9. “Multiple-family dwelling” means more than one residential dwelling unit located on a single parcel and used exclusively for residence purposes. Multiple-family dwellings may be contained in separate buildings such as two or more detached houses on a single parcel, or in a larger building on a parcel such as a duplex, a triplex, or an apartment building.
10. “Occupancy” is the purpose for which a building, or part thereof, is used or intended to be used.
11. “Owner” means any person, agent, firm or corporation having a legal or equitable interest in the property.
12. “Parcel” means an area of land or, in the case of a condominium, separate space, for which boundaries have been established by some legal instrument such as a recorded map or recorded deed and which is recognized as a separate legal entity for purpose of transfer of title.
13. “Permit” means an official document or certificate issued by the building official authorizing performance of a specified activity.
14. “Rehabilitation” means upgrading existing facilities by repair, reconstruction, or modification.
15. “Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
16. “Residential” means uses, facilities and activities primarily pertaining to the occupation of buildings on a permanent basis for living, cooking, and sleeping.
17. “Residential unit” means one or more rooms which may include one or more bedrooms, with not more than one kitchen, designed to be occupied permanently as an independent housekeeping unit by one family or one collective household with facilities for living, cooking, sleeping and eating.
18. “Shall” as used in this code is mandatory.
19. “Single-family dwelling” means one residential dwelling unit located on a parcel used exclusively for residence purposes. A single-family dwelling unit may be contained in a detached building such as a single-family house.
20. “Site” means a parcel of land bounded by a property line or a designated portion of a public right-of-way.
21. “Structural repairs” means repairs to those elements of a structure that affect the bearing capacity of the structure including, without limitation, pier pilings, bracing and supports, bearing walls, rafters, foundations and base materials under asphalt or concrete.
22. “Structure” means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.
23. “Uninhabitable structure” means a building, structure or other development determined by the building official to be unfit or unsafe for occupancy.
24. “Utility” means a public or quasi-public entity which provides gas, water, electricity, cable TV, telephone or similar services.
25. “Vacant building” means a structure with no occupant(s) and/or furnishings and may or may not be boarded up.
26. “Vacant parcel” means a parcel which is undeveloped or unimproved and has no established use. (Ord. 879 § 1; Ord. 1182 § 2. Code 1997 § 17-90)
4.65.030 Rehabilitation required.
A. The owner(s) 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 be rehabilitated for occupancy within 90 days after written notification by the city.
B. No person shall allow a building designed for human use or occupancy to stand vacant for more than 90 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, rent, or used as a second home.
3. The code enforcement officer or his/her designee 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. 1182 § 2)
4.65.040 Remedies.
Upon the building official’s determination that a dwelling structure is an abandoned building or boarded building, the city may choose to abate the public nuisance under Chapter 4.40 SLTCC or under any alternative abatement process permitted under state law, or issue administrative citations under Chapter 2.30 SLTCC in the amount of $1,000 per building for the first violation and an additional citation in the amount of $1,000 per building that remains in violation of this chapter 90 days following the imposition of the first citation. Nothing in this section shall be construed as limiting the city’s ability to concurrently or consecutively use any of those proceedings as the city may deem effective. (Ord. 1182 § 2)