Chapter 8.50
MAINTENANCE AND REGISTRATION OF NEGLECTED, VACANT AND FORECLOSED PROPERTIES
Sections:
8.50.040 Required boarding of vacant buildings.
8.50.050 Maintenance standards and monitoring.
8.50.070 Monitoring program registration fee.
8.50.080 Monitoring program inspections.
8.50.090 Monitoring program – Appeals.
8.50.010 Purpose.
Vacant and foreclosed buildings which are neglected and not maintained can result in the physical deterioration of a neighborhood and other health problems to the community. The purpose of this chapter is to provide standards for maintaining vacant buildings and to establish a monitoring program for those that are neglected. (Ord. 09-02 § 1).
8.50.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.
“Appeals hearing officer” means any person appointed by the city manager to hear appeals held pursuant to this chapter. An appeals hearing officer may be a city employee.
“Boarded” means the covering of all entry points including all doors and windows with plywood or other materials for the purpose of preventing entry into the building by persons or animals.
“Foreclosed building” means a building that has been foreclosed upon or is in the process of being foreclosed upon.
“Foreclosure” means the process by which a property placed as security for a real estate loan is sold to satisfy the debt if the trustor or borrower defaults.
“Owner” means the owner of record for the property and may include a financial institution, beneficiary/trustee or any person or institution that has a possessory interest in the property or is required by agreement to maintain the property.
“Preforeclosure” means a filed notice of default or notice of a trustee sale or any other action that gives public notice of the start of the foreclosure process on a property.
“Responsible agent” means the person designated by the property owner to act on behalf of the owner under BMC 8.50.060.
“Vacant building” means any building that is not legally occupied unless one of the following is true:
A. 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.
B. The building meets all codes, does not contribute to blight, is ready for occupancy, and is:
1. Actively being offered for sale, lease or rent; or
2. Actively being maintained and monitored by the owner as defined in BMC 8.50.050. (Ord. 09-02 § 1).
8.50.030 Public nuisance.
A neglected vacant building is a public nuisance. A building is neglected if it is in material repeated or ongoing violation of this chapter. (Ord. 09-02 § 1).
8.50.040 Required boarding of vacant buildings.
A. Vacant buildings shall be boarded when the buildings can no longer be secured against intrusion by the closing and locking of doors and windows.
B. The city manager or his designee may adopt standards regarding the boarding of vacant buildings.
C. The city may board vacant buildings as part of an abatement action brought under this chapter. The owner shall be responsible for the cost of boarding or the property may be subject to an abatement lien for the cost of the boarding.
D. The owner shall remove boarding and replace with secure locking doors and windows within 10 days of notice from the city. (Ord. 09-02 § 1).
8.50.050 Maintenance standards and monitoring.
Each vacant building shall be maintained in accordance with the standards in this section.
A. General. Each vacant building shall be maintained in conformance with all city codes including, but not limited to, BMC Title 8 (Health and Safety), BMC Title 15 (Building and Construction) and BMC Title 17 (Zoning).
B. Structural and Building Standards. A vacant building shall be maintained in a structurally sound condition. The structure and all electrical plumbing and mechanical systems shall be maintained in conformance with the provisions of the California Building Standards Code that were in place at the time of construction and in a condition which does not create a hazard to public health or safety. A permit from the city of Benicia’s building division shall be obtained when the building requires repairs, alteration or modification necessary to meet the provisions of this chapter.
C. Fire Safety. A vacant building shall be maintained in a manner which does not create an unreasonable risk of fire. Weeds shall be removed if they may constitute a fire hazard. No vacant building or portion of it shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard. Heating facilities or heating equipment in vacant buildings shall either be removed or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.
D. Security Standards. A vacant building shall be maintained in a way which secures it from any unauthorized entry. The owner or responsible agent of a vacant building which has suffered an unauthorized entry must provide security which meets the following minimum standards:
1. All windows and sliding doors must have either intact glazing or resistance to entry equivalent to or greater than that of a solid sheet of three-quarter-inch plywood, painted to protect it from the elements, cut to fit the opening, and securely nailed using 6D galvanized nails spaced not more than six inches on the center.
2. Doors and service openings with thresholds located 10 feet or less above grade, stairway, landing, ramp, porch, roof or similarly accessible area must be resistant to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a one-half-inch throw deadbolt.
3. Exterior doors, if openable, shall be closed from the interior of the building by toenailing them to the door frame using screws or bolts.
4. The front door into each building shall be operable. The front door may be secured with a suitable lock such as a hasp and padlock or a one-half-inch deadbolt or deadlatch.
5. All locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of three-quarter-inch CDX plywood and shall be equipped with a lock as described above.
E. Debris Removal. A vacant building and the adjoining yard areas shall be maintained free of debris, combustible materials, litter and garbage.
F. Appearance. A vacant building shall be maintained in a manner that minimizes the appearance of vacancy. Graffiti shall be promptly removed. All exterior surfaces, including any boarded windows or doors, shall be painted or otherwise finished to create a sufficient appearance of repair to deter unauthorized entry. The exterior of the property shall be kept in such a condition so as not to create the appearance of an unsecured unoccupied structure or any hazard to public safety. Landscaping shall be maintained and watered as necessary to prevent the appearance of an unoccupied structure and fire hazard.
G. Crime Prevention. A vacant building shall be maintained in a manner that minimizes the potential for criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity. The owner or responsible agent shall monitor the property on a regular basis and report any signs of criminal activity to the police department immediately. (Ord. 09-02 § 1).
8.50.060 Monitoring program.
A. Any owner of a foreclosed building shall register the property in the monitoring program within 10 days of the building becoming vacant. The owner must provide the following information:
1. The address of the foreclosed building;
2. The name, address and telephone number of the owner;
3. The designation of a responsible agent and the address and telephone number of the responsible agent, if different from the owner;
4. The date the building became vacant;
5. The assessor’s parcel number (APN) for the lot where the vacant building is located; and
6. The name and address of the beneficiary/trustee (corporation or individual) identified on the deed of trust if applicable.
B. The owner or responsible agent shall notify the city of any change in the information provided under this section (including a change in ownership) within 15 days of the change.
C. An owner who is subject to the registration requirements of this section shall designate a responsible agent for the building. An owner who lives within 60 miles of the foreclosed building may designate himself or herself as the responsible agent. An owner who lives more than 60 miles from the foreclosed building shall designate a responsible agent who lives within or whose place of business is within the city of Benicia.
D. The designation of responsible agent constitutes an authorization by the owner (and the agreement of the agent) to act on behalf of the owner with regard to all requirements under this code, including the acceptance of all official notices (including, but not limited to, notices under this chapter and notices of proposed abatement or summary abatement) on behalf of the owner. The responsible agent shall be an authorized agent and signatory of the owner, and may sign on behalf of the owner with regard to all requirements under this code.
E. The owner’s designation of a responsible agent shall not relieve the owner of any obligation to comply with this chapter. (Ord. 09-02 § 1).
8.50.070 Monitoring program registration fee.
An owner who is subject to the registration requirements of BMC 8.50.060 must pay a registration fee to reimburse the city for the cost of administering the monitoring program. The registration fee will be set by a resolution of the city council. (Ord. 09-02 § 1).
8.50.080 Monitoring program inspections.
The owner or responsible agent of a vacant building which is required to be registered under this chapter shall inspect the building at least once every two weeks. The owner or responsible agent shall keep a written log of all inspections, which shall contain the following information:
A. The date and time of the inspection;
B. The name and signature of the person actually inspecting; and
C. A notation of any problems identified and the steps taken to address them.
A copy of the log shall be provided to the city immediately upon request by the city. (Ord. 09-02 § 1).
8.50.090 Monitoring program – Appeals.
A. The appeals hearing officer has jurisdiction to hear appeals of:
1. The placement of the vacant building into the neglected vacant building monitoring program; and/or
2. The requirement to pay fees under this chapter.
B. The person appealing the decision under subsection (A) of this section shall file a written notice of appeal, stating the grounds thereof, in accordance with Chapter 1.44 BMC.
C. The city may assess a hearing fee as provided in a resolution adopted by city council. (Ord. 09-02 § 1).
8.50.100 Violations.
A. Violations of this chapter may be handled by criminal, civil, or administrative actions either undertaken separately or in conjunction with other remedies, at the discretion of the city attorney.
B. The first violation of this chapter shall be an infraction punishable by a fine not exceeding $100.00. The second and each subsequent violation of this chapter within a one-year period is a misdemeanor, punishable by a fine not to exceed $1,000 per violation.
C. A public safety officer may issue an administrative citation for a violation of this chapter pursuant to Chapter 8.54 BMC and the procedures that chapter shall be followed.
D. Owners may be liable for the city’s reasonable costs of inspection, enforcement, and abatement, pursuant to chapter.
E. In addition to the above remedies, any person who violates this chapter may be subject to other remedies as provided under the law. (Ord. 09-02 § 1).