Chapter 1.68
VACANT STRUCTURES
Sections:
1.68.010 Declaration of purpose.
1.68.020 Enforcement authority.
1.68.030 Enforcement remedies.
1.68.040 Duty to clean and secure or board.
1.68.050 Administrative abatement procedures.
1.68.060 Standards for boarding a vacant structure.
1.68.070 Entry or interference with notice prohibited.
1.68.080 Continuous abatement authority.
1.68.100 Continuous public nuisance.
1.68.010 Declaration of purpose.
The city council of the city of Patterson finds and declares that:
A. Structures that are vacant and unsecured or boarded attract vagrants and criminals as prime locations to conduct illegal criminal activities.
B. Structures that are vacant and not properly secured are extremely vulnerable to fire set by unauthorized persons.
C. Structures that are vacant and unsecured or boarded pose serious threats to the public’s health and safety and therefore are declared to be public nuisances.
D. Immediate abatement and rehabilitation of these structures is necessary and can be accomplished by using the administrative or judicial procedures found in this title. (Ord. 586 § 10 (part), 1998).
1.68.020 Enforcement authority.
The enforcement official is authorized to administer and enforce the provisions of this chapter and may exercise any enforcement powers as provided this title. (Ord. 586 § 10 (part), 1998).
1.68.030 Enforcement remedies.
Violations of this chapter may be prosecuted as misdemeanors subject to the fines and custody provided in Section 1.32.050 of this title. The enforcement official may also seek injunctive relief and civil penalties in the Superior Court pursuant to Section 1.32.060 of this title or pursue any administrative remedy provided under this title. (Ord. 586 § 10 (part), 1998).
1.68.040 Duty to clean and secure or board.
A. It is unlawful for any responsible person in charge or control of any vacant structure to fail to lock, barricade or secure all doors, windows and other openings.
B. It is unlawful for any responsible person in charge or control of any vacant structure to fail to remove any waste, rubbish or debris from the interior of the structure, or from the yards surrounding the vacant structure. (Ord. 586 § 10 (part), 1998).
1.68.050 Administrative abatement procedures.
A. Whenever the enforcement official determines that a vacant and unsecured structure exists within the city of Patterson, an abatement notice may be sent to the responsible person directing abatement by cleaning and securing or boarding. Boarding shall be done pursuant to Section 1.60.060 of this chapter.
B. The enforcement official shall follow the administrative abatement procedures for Time Frame One as provided in Chapter 1.52 of this title.
C. If the responsible person does not comply with the abatement notice and order, and no appeal is filed, the enforcement official may: (1) clean and board the unsecured vacant structure; and (2) recover all costs pursuant to the procedures found in Chapter 1.56 of this title.
D. If the enforcement official boards the structure, all barricade material supplied by the city shall become the property of the responsible person upon payment of all costs to the city. (Ord. 586 § 10 (part), 1998).
1.68.060 Standards for boarding a vacant structure.
A. The responsible person or enforcement official shall board a vacant structure according to the following specifications and requirements:
1. Remove all waste, rubbish or debris from the interior of the structure and from the yards surrounding the vacant structure; and
2. Barricade all unsecured doorways, windows or exterior openings with minimum one-half-inch thickness exterior grade plywood which shall extend to the molding stops or studs; and
3. Mount at least two wood stocks of minimum two-by-four-inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers; and
4. Extend the stock a minimum of eight inches on each side of the interior wall; and
5. Cause all hardware to be galvanized or cadmium plated; and
6. Paint all exterior barricade material the predominant color of the structure; and
7. Post the premises. One or more signs shall be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs shall remain posted until the structure is either lawfully occupied or demolished. Signs shall contain the following information:
DO NOT ENTER
IT IS A MISDEMEANOR TO ENTER OR OCCUPY THIS BUILDING OR PREMISES OR TO REMOVE OR DEFACE THIS NOTICE
(Patterson Municipal Code Section 1.68.060)
CITY OF PATTERSON
TRESPASSERS WILL BE PROSECUTED
B. In lieu of requiring the responsible person to board a structure as set forth in subsection (A) of this section, the enforcement official may allow the responsible person to board the vacant structure in a manner in which the director determines adequately prevents unauthorized entry or vandalism. In any event, a responsible person shall post the premises as set forth in subsection (A) of this section. (Ord. 586 § 10 (part), 1998).
1.68.070 Entry or interference with notice prohibited.
A. It is unlawful for any person to enter or occupy any structure or premises which has been posted pursuant to Section 1.68.060(A)(7) of this chapter, except to repair or demolish the structure under proper permit or for a purpose authorized by the owner.
B. It is unlawful for any person to remove or deface any notice posted pursuant to Section 1.68.060(A)(7) of this chapter until the required repairs or demolition have been completed or a certificate of occupancy has been issued in accordance with appropriate provisions of the Uniform Building Code as adopted by the city in Chapter 15.04 of this code. (Ord. 586 § 10 (part), 1998).
1.68.080 Continuous abatement authority.
If a vacant structure previously abated by the responsible person or the enforcement official pursuant to an abatement notice again becomes unsecured and open to unauthorized entry, or the yards surrounding the vacant structure again contain debris, rubbish, waste or excessive vegetation, the enforcement official may, without further notice to the responsible person, proceed to abate the nuisance and recover costs as provided for in this chapter. (Ord. 586 § 10 (part), 1998).
1.68.090 Abatement costs.
Abatement costs shall include the cost to perform the actual work and the city’s cost to administer any abatement. Once the abatement is complete, the enforcement official shall recover all abatement costs pursuant to the procedures found in this title. (Ord. 586 § 10 (part), 1998).
1.68.100 Continuous public nuisance.
Any vacant structure that was originally secured by the responsible person’s voluntary actions or pursuant to administrative or judicial order may be declared a continuous public nuisance by the enforcement official if the structure continues to remain open and unsecured on a periodic basis, thereby requiring additional reinspections and resecuring of the structure. The enforcement official may seek demolition of this continuous public nuisance by seeking a court order or follow any of the administrative abatement procedures found in this title. (Ord. 586 § 10 (part), 1998).
1.68.110 Reinspection fee.
The enforcement official may periodically reinspect vacant structures to ensure compliance with the provisions of this chapter and all applicable court and administrative orders. The enforcement official may assess a reinspection fee against the responsible person for actual costs or each reinspection and continuous monitoring of the structure and premises as is reasonable necessary to determine compliance with the standards and procedures of this chapter. The enforcement official shall follow the procedures for reinspection fees found in Chapter 1.64 of this title. (Ord. 586 § 10 (part), 1998).