Chapter 8.30
VACANT BUILDINGS
Sections:
8.30.030 Owner’s responsibility.
8.30.050 Boarding permits required.
8.30.060 Standards for securing building.
8.30.070 Enforcement; penalty.
8.30.010 Purpose.
(a) In order to protect the health, safety and welfare of its citizens and their property, the City Council has determined that an ordinance is necessary to regulate vacant buildings. 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 create visual blight, discourage economic development and retard appreciation of property values. 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. One vacant property which is not actively and well maintained and managed can be the core and cause of spreading blight.
(b) The City Council intends, by adopting this article, to define the conditions that constitute a vacant building; and to provide regulations for boarding and continued use of buildings; and to provide a procedure for a hearing in the event the condition is not corrected, removed or otherwise abated.
(c) This article is not intended to enforce or supersede conditions, covenants and restrictions (CC&R’s) on property. This article will be enforced uniformly within the city regardless of CC&R’s. Therefore, this article does not abrogate the right of any homeowners’ association or private citizen to take action, legal or as otherwise provided in the CC&R’s, to force compliance with the CC&R’s applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this article.
(Code 2002, § 14-635. Ord. No. 07-10)
8.30.020 Definitions.
For the purpose of this article, certain terms shall be defined as follows:
Building. Any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure as defined in the California Building Code adopted by reference in this Code.
Boarded building. A building whose doors and windows have been covered on the interior or exterior of the building with plywood or other material for the purpose of preventing entry into the building by persons or animals.
Owner. The person identified and listed as having title to the property by the latest property tax assessment rolls maintained by the Contra Costa County Assessor.
Vacant building. A building where at least thirty-five percent of the total floor area within the building is not occupied except for buildings that are furnished and/or are owned and used seasonally similar to a second home.
(Code 2002, § 14-636. Ord. No. 07-10)
8.30.030 Owner’s responsibility.
(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 be rehabilitated for occupancy within one hundred twenty (120) days after the building is boarded. The owner is required to maintain such property in a manner so as not to violate the provisions of this article and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(b) It shall be unlawful for any owner to allow a building designed for human use or occupancy to stand vacant for more than one hundred twenty (120) days, unless one of the following applies:
(1) The building is the subject of an active building permit and the owner is progressing diligently to complete the permitted construction, repair or rehabilitation.
(2) The owner has a complete and active application pending for a building permit or other development entitlement.
(3) The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(4) The Building Official determines that the building does not contribute to and is not likely to contribute to blight or that the building is not a nuisance as defined in this Code, because the owner is actively maintaining and monitoring the building.
(Code 2002, § 14-637. Ord. No. 07-10)
8.30.040 Inspection program.
(a) Authority. The Building Official shall be responsible for administering a program for identifying and inspecting the maintenance of all vacant buildings in the city.
(b) Purpose. The purposes of the inspection program shall be:
(1) To identify buildings that become vacant;
(2) To order vacant buildings that are open and accessible to be secured against unlawful entry pursuant to this Code;
(3) To initiate proceedings against the owner of any vacant building found to be dangerous as defined in the Uniform Code for the Abatement of Dangerous Buildings or a nuisance under this Code or Civil Code Section 3408;
(4) To periodically inspect vacant buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a nuisance; and
(5) To enforce rules and regulations for the implementation and compliance with the provisions of this article.
(c) Fee imposed. There is an inspection fee imposed upon every owner of a vacant building pursuant to this article. The fee shall be in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and shall be charged each and every time an inspection is required for a vacant building. The fee shall be payable for any building, residential or nonresidential, which:
(1) Is boarded up by the owner or as the result of enforcement activities by the city; or
(2) Is vacant for more than one-hundred-twenty (120) days for any reason.
(d) Fee waiver. The inspection fee may be waived upon a showing by the owner that:
(1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy or has a complete and active application pending for a building permit or other development entitlement; or
(2) The building meets all applicable codes and is actively being offered for sale, lease, or rent; or
(3) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building.
(e) Procedure. The inspection fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (d) of this article by submitting a written statement of the grounds for the waiver, and the owner’s daytime telephone number, to the Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner’s statement of the grounds for the waiver. The Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.
(f) Any owner aggrieved by the decision of the Building Official relating to an application for waiver may appeal the building official’s decision through the administrative hearing process set forth in this Code.
(g) If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Building Official or the Hearing Officer, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter such assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
(h) The Building Official may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
(Code 2002, § 14-638. Ord. No. 07-10)
8.30.050 Boarding permits required.
(a) No person, firm, association or corporation shall erect, install, place or maintain boards or other coverings over the doors, windows or other openings of any building or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building without first applying for and obtaining a boarding permit and, within 30 days of receiving the boarding permit, completing all steps necessary of the issuance of a boarding permit and thereafter having a valid and current boarding permit. The Building Official may grant an exception for temporary boarding of a building that has been damaged by natural events. A boarding permit shall be applied for within 14 days of placement of temporary boarding.
(b) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a building for a period of no greater than 120 days from the date of issuance. The boarding permit may be renewed one time after the initial 120 days for an additional 120 days after verification of the owner’s compliance with section 8.30.030 (b).
(c) The issuance of a renewal boarding permit shall also be subject to all of the following conditions:
(1) The owner shall submit a detailed plan for repair or rehabilitation for the securing of the doors, windows and other openings by the conventional method used in the original construction and design of the building or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale for correction, repair or rehabilitation;
(2) The owner shall submit a timeline for applying for appropriate permits for such work and for completing such work prior to the expiration of the renewal permit, or, alternatively, a timeline for sale of the property; and
(3) The renewal permit may be revoked by written notice of the Building Official if the owner fails to comply with the plan for such work or fails to comport to the timeline submitted.
(d) The fee for the initial boarding permit and any renewal permit shall be based on a reinspection fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, plus an application fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 2002, § 14-639. Ord. No. 07-10)
8.30.060 Standards for securing building.
(a) The boarding of the doors, windows or other openings of any building or any means of securing such openings, other than by the conventional method used in the original construction and design of the building, shall comply with the following minimum standards:
(1) Windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of 3/4 inch or its equivalent. One inch holes may be required for venting, as deemed necessary by the Building Official. The boarding material shall be placed on the interior of the building and secured in place by 3/8 inch lag bolts with one inch washers placed at least 16 inches on center around the perimeter of the window opening. The lag bolts shall penetrate the wall framing members at least one and one-half inches and the bolt holes shall be predrilled to minimize splitting on the wall framing member.
(2) Exterior doors shall be boarded with exterior grade plywood of a minimum thickness of 3/4 inch or its equivalent. The boarding material shall placed on the interior of the building and secured in place by 3/8 inch lag bolts with one inch washers placed at least 16 inches on center around the perimeter of the door opening. The lag bolts shall penetrate the wall framing at least one and one-half inches and the bolt holes shall be predrilled to minimize splitting on the wall framing member. One exterior door shall remain operable and secure to allow access into the building for maintenance and inspection. This door shall be secured by the installation of a metal security door.
(3) All boarding materials that are visible from the exterior shall be painted with a minimum of one coat of exterior paint which is of a color compatible with the exterior color of the building or structure.
(b) Alternative methods of securing a building. Upon application for a boarding permit, the Building Official may approve alternative methods of securing a vacant building. In making the determination to approve any alternative method, the Building Official shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate security against the unauthorized entry to the property.
(Code 2002, § 14-640. Ord. No. 07-10)
8.30.070 Enforcement; penalty.
Administrative citations, pursuant to this Code are also available as a remedy in addition to all other legal remedies, criminal or civil, which may be pursued under this Code, including sections 1.05.200 through 1.05.230.
(Code 2002, § 14-641. Ord. No. 07-10)