Chapter 15.14 MAINTENANCE OF BOARDED AND VACANT BUILDINGS

Chapter 15.14
MAINTENANCE OF BOARDED AND VACANT BUILDINGS

Sections:

15.14.010 Purpose.

15.14.020 Definitions.

15.14.030 Enforcement and remedies for violation.

15.14.040 Owner responsibilities.

15.14.050 Quarterly monitoring fee.

15.14.060 Standards for boarding a vacant building.

15.14.070 Abatement procedures for vacant and unsecured buildings.

15.14.080 Emergency hazard abatement.

15.14.090 Additional abatement.

15.14.100 Abatement cost.

15.14.110 Continuous public nuisance.

15.14.120 Appeals regarding placement into program.

15.14.130 Boarded and vacant building penalty.

15.14.140 Request for hearing and appeal of boarded and vacant building penalty.

15.14.010 Purpose.

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 attract vagrants and transients and invite criminal activity. Use of vacant buildings by transients who may employ primitive cooking or heating methods creates a risk of fire for vacant buildings and adjacent properties. Vacant buildings (whether or not those buildings are boarded) discourage economic development and retard appreciation of property values. It is the responsibility of the owner to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety and welfare.

Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the city needs to monitor vacant buildings, so that they do not become attractive nuisances, are not used by vagrants or trespassers, are properly secured and maintained, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police department, code enforcement, planning department and engineering department. There is a substantial cost to the city for monitoring vacant buildings which should be paid by the owners of the vacant buildings. The city has established the vacant building monitoring program to accomplish this purpose. [Ord. 06-1272 § 2, 2006.]

15.14.020 Definitions.

A. “Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy.

B. “Vacant building” means any structure or building or portion thereof that (1) is unoccupied or occupied by unauthorized persons, and (2) is unsecured or boarded.

C. “Owner” for the purpose of this chapter means a person listed on the last equalized tax roll, as maintained by the county and/or person designated by the owner who is in charge or control of the vacant building. [Ord. 07-1288 § 2, 2007; Ord. 06-1272 § 2, 2006.]

15.14.030 Enforcement and remedies for violation.

A building that is boarded or vacant in violation of this chapter is a public nuisance. In addition to the provisions in this chapter, the city is authorized to use the remedies set forth in state law, the California Building Code, the Uniform Code for the Abatement of Dangerous Buildings, and the Pittsburg Municipal Code.

The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. The imposition of a vacant building monitoring fee shall not preclude the building official from seeking an administrative penalty pursuant to PMC 15.14.130.

The city’s failure to provide notices within the time specified does not constitute waiver by the city of the provisions of this chapter. [Ord. 06-1272 § 2, 2006.]

15.14.040 Owner responsibilities.

A. No person shall allow a building designed for human use or occupancy to stand vacant for more than 30 days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the city manager or his/her designee 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 applicable codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease or rent.

3. 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 material in good condition.

b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.

c. Prompt and 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, criminal street gang activity, loitering or trespassing.

4. The building is vacant due to fire, flood, earthquake, landslide, mudslide, or other form of natural disaster and the owner is actively pursuing assistance for demolition, rehabilitation or restoration of the building and/or premises from local, state or federal assistance programs or from insurance agencies.

B. 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 90 days after the building is boarded and shall comply with subsection (A) of this section.

C. 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 ensure that the building is boarded to board-up standards provided in PMC 15.14.060. [Ord. 06-1272 § 2, 2006.]

15.14.050 Quarterly monitoring fee.

A. Purpose. The quarterly monitoring and inspection fee will be used to finance the cost of inspection and enforcement related to this chapter. The revolving fund for board-up of buildings and property maintenance shall be used to secure buildings and abate conditions on the property.

B. Fee Imposed. There is imposed upon every owner of a vacant building a quarterly monitoring fee in an amount to be set by city council resolution; provided, that the fee shall not exceed the estimated reasonable cost of monitoring vacant buildings in the city. The city council may adjust the fee by resolution as necessary. The quarterly monitoring fee is due within 30 days of notice that the building is vacant in violation of this chapter. The fee is due for every quarter upon which the building is vacant, even if the building is only vacant part of the quarter. The owner will be billed at the beginning of each quarter while the building is in violation of this chapter. The fee shall be payable as to any building, residential or nonresidential, which:

1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city; or

2. Is vacant for more than 30 days for any reason.

C. Fee Waiver. The vacant building monitoring fee may be waived by the city manager or his/her designee upon a showing by the owner that:

1. The owner has a building permit and is progressing diligently to repair the premises for occupancy or has an application pending for a building permit or other entitlement; or

2. The building meets all applicable codes and is actively being offered for sale, lease, or rent; or

3. 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; or

5. Imposition of the fee would impose a substantial economic hardship on the owner and would hinder the rehabilitation of the building.

D. Notice and Procedures. The vacant building monitoring fee shall be billed to the owner of the property. Notice shall be served either personally or by first class mail, addressed to the owner as the address appears on the last equalized assessment roll or as known to the enforcement officer. An owner is sent a bill with the notice stating a violation of this chapter exists, and that notice shall constitute enrollment in the vacant building monitoring program. Any owner may apply for a waiver on the grounds set forth in subsection (C) of this section by submitting a written statement setting forth the grounds for the waiver, and the owner’s daytime telephone number, to the city manager or his/her designee within 10 days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner’s statement on the grounds for the waiver. The city manager or his/her designee shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The city manager or his/her designee shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.

E. The owner of a vacant building shall not allow or cause any use of the property or any buildings thereon unless the property owner has first corrected the violations which caused placement into the program and has paid the required quarterly monitoring fee, as well as any other penalties or fines owed to the city.

F. Upon transfer or sale of a vacant building, the seller shall provide written notification to the city manager or his/her designee that the property has been transferred or sold.

G. Within 15 days of the bill for the vacant building monitoring fee, or within 15 days after the decision of the city manager or his/her designee, the city manager or his/her designee shall file in the office of the county recorder a notice that the building is subject to the vacant building monitoring fee.

H. Any fees established pursuant to this chapter which are more than 30 days delinquent, or not paid within 30 days after the decision of the city manager or his/her designee has been mailed to the owner, shall constitute an assessment against the property. The city may use all procedures available to it to collect any unpaid fee including, but not limited to, collecting the unpaid fee on the tax roll or recording a lien on the property, consistent with applicable law. [Ord. 06-1272 § 2, 2006.]

15.14.060 Standards for boarding a vacant building.

A. Except as provided in subsection (B) of this section, the owner shall board a vacant building according to the specifications adopted by the city and available at City Hall.

B. Buildings Abated by City. If the city manager or his/her designee boards the vacant building, the building may be boarded in a manner which is determined to adequately prevent unauthorized entry or vandalism. All costs of boarding will be recovered pursuant to the procedures in PMC 15.14.100. [Ord. 06-1272 § 2, 2006.]

15.14.070 Abatement procedures for vacant and unsecured buildings.

A. Notice of Violation. Whenever the city manager or his/her designee determines that a vacant and unsecured building exists, an abatement notice and order may be sent to the owner directing abatement by boarding and compliance with the board-up standards, within a reasonable time of the notice.

B. Time for Correction. The notice shall provide a reasonable time for correction depending on the severity of the violation. The owner may request an extension of time, which may be granted if the city manager or his/her designee determines an extension is warranted. However, the building shall not be removed from the program and the quarterly monitoring fees shall be charged until all violations of this chapter have been corrected. It is the responsibility of the owner to alert the city of compliance and have the building removed from the program. Boarding shall be done pursuant to the standards established in PMC 15.14.060.

C. Service of Notice. Notice shall be served personally to the owner, or notice shall be posted on the premises and mailed to the owner’s address set forth on the last equalized assessment roll or as known to the enforcement officer. Such notice shall be effective upon mailing or personal service. In addition to the mailed notice, the city shall post conspicuously at least one copy of the notice upon the real property where the vacant building exists. The enforcement officer shall retain in the file a declaration of the person effecting service, declaring the date, time and manner that service was made and the date of posting.

D. The city manager or his/her designee may also require, as part of the abatement notice and order, that the owner erect fences, barriers or other suitable means to discourage access to the vacant building and to discourage illegal dumping or littering on the yards surrounding the vacant building. The city manager or his/her designee may also require the owner to post signs visible to public view that prohibit trespassing, littering or illegal dumping. The city manager or his/her designee may also require that the owner remove any litter, waste, rubbish, debris or excessive vegetation from the yard surrounding the vacant building.

E. The city manager or his/her designee may also require the owner of the property to complete and sign a letter with the Pittsburg police department authorizing the department to enforce no trespassing on the premises.

F. If the owner does not comply with the abatement notice and order within the specified time, and no appeal is filed, the city manager or his/her designee may (1) board the unsecured vacant building; (2) remove all litter, waste, rubbish, debris or excessive vegetation from the yards surrounding the vacant building; and (3) recover all costs pursuant to the procedures in PMC 15.14.100.

G. If the city manager or his/her designee boards the building, all barricade materials supplied by the city shall become the property of the owner upon payment of all costs to the city. [Ord. 06-1272 § 2, 2006.]

15.14.080 Emergency hazard abatement.

When any open building or structure constitutes such an imminent threat to life, limb or property such that it must be secured, closed or barricaded and compliance with other provisions of this code becomes infeasible, as determined by the city manager or his/her designee, the city manager or his/her designee may summarily secure, close, and barricade the building without prior notice to the property owner. All costs incurred by the city in abating the hazard shall be borne by the property owner and failure to receive prior notice shall not affect or relieve the property owner’s obligation for payment of such costs. The city may proceed to collect the costs in the same manner as collection of unpaid vacant building monitoring fees. [Ord. 06-1272 § 2, 2006.]

15.14.090 Additional abatement.

If a vacant building previously abated by the owner or the city manager or his/her designee pursuant to an abatement notice and order again becomes unsecured and open to unauthorized entry, the city manager or his/her designee will provide written notice to the owner to secure the building within 10 calendar days. If the yard surrounding a vacant building again contains debris, rubbish, waste or excessive vegetation, the city manager or his/her designee will provide notice to the owner to clean the property surrounding the building within 10 calendar days. If the owner fails to fix the condition within 10 calendar days of the notice, or if the owner fails to provide written notice to the city manager or his/her designee as to why the city should not abate the condition 10 days from the notice, the city manager or his/her designee may abate the nuisance and recover costs as provided for in this chapter. [Ord. 06-1272 § 2, 2006.]

15.14.100 Abatement cost.

A. Abatement costs shall include the cost to perform the actual work, the city’s cost to administer any abatement and all other expenses incurred.

B. Once the abatement is complete, the city manager or his/her designee shall recover all abatement costs pursuant to the procedures found in PMC 1.24.070 through 1.24.150. [Ord. 06-1272 § 2, 2006.]

15.14.110 Continuous public nuisance.

Any vacant building that was originally secured by the owner or pursuant to the administrative order may be declared a continuing public nuisance by the city manager or his/her designee if the building continues to remain open and unsecured on a periodic basis, thereby requiring additional monitoring and resecuring of the building. The city manager or his/her designee may seek demolition of this continuous public nuisance by seeking a court order or following any of the administrative abatement procedures found in this code. [Ord. 06-1272 § 2, 2006.]

15.14.120 Appeals regarding placement into program.

A. The city hearing officer or the appropriate appeals hearing board shall have the jurisdiction to hear appeals of the following:

1. The placement of the building or property into the vacant building monitoring program; or

2. The requirement to pay fees under this chapter.

B. A determination which is appealable under this section may be appealed by the owner of the property to the city hearing officer or the appropriate appeals hearing board by filing written notice of appeal to the city manager or his/her designee within 10 days of the action for which the appeal is taken. When a notice of an appeal has been received by the city manager or his/her designee for filing:

1. The city manager or his/her designee shall, within 10 days after receipt of the notice of appeal, file it with the city hearing officer or the appropriate appeals hearing board.

2. The hearing officer or appropriate appeals hearing board staff shall set the date for the hearing and determination by the board. The hearing dates shall not be less than 10 days nor more than 60 days after the date on which the copy of the notice of appeal was filed. The decision of the hearing officer or board shall be final. [Ord. 06-1272 § 2, 2006.]

15.14.130 Boarded and vacant building penalty.

A. Penalty. Any owner of a boarded building that remains boarded in violation of PMC 15.14.040(B) or any owner of a building that remains vacant in violation of PMC 15.14.040(A) shall be liable for an administrative penalty in an amount of $500.00 per building.

1. If the building continues to meet the definition of vacant building as provided in this chapter beyond the initial 30 calendar days, and if the owner does not meet any of the exceptions set forth in this section, the city manager or his/her designee may continue to assess penalties in the following amounts: $1,000 for the next 90-calendar-day period each building continues to constitute a vacant building; $1,500 for the next 90-calendar-day period for each building that continues to constitute a vacant building; $2,000 for the next 90-calendar-day period that each building continues to meet the definition of a vacant building. At no time may the amount of the penalty exceed $4,500 per building in a calendar year.

2. The penalty imposed pursuant to the provisions of this section shall be in lieu of the administrative citation penalties imposed pursuant to the provisions of PMC 1.20.030.

B. Issuance of Notice of Violation and Penalty. If a person authorized by the city manager to enforce the provisions of this code determines that a violation of this chapter has occurred, that person shall have the authority to issue an administrative penalty to any person whose acts or omissions have caused or contributed to the violation.

D. Contents of Notice of Violation and Penalty. The notice of violation shall contain the date of the violation; information identifying the violating property; the amount of the penalty; a description of the penalty payment process, including time for paying the penalty; a description of the administrative penalty review process, including the requirements for requesting a hearing; and the name and signature of the person issuing the notice of violation.

E. Payment of Penalty. The administrative penalty shall be paid to the city within 30 days after the notice of violation is issued, unless a request for hearing pursuant to PMC 15.14.140 is filed in a timely manner.

F. Delinquent Penalties. Penalties established pursuant to this chapter which are more than 30 days delinquent, or not paid within 30 days after the decision of the hearing officer, shall constitute an assessment against the property for which the fees were billed. The city may use all procedures available to it to collect any unpaid fee including, but not limited to, collecting the unpaid fee on the tax roll or recording a lien on the property, consistent with applicable law. [Ord. 06-1272 § 2, 2006.]

15.14.140 Request for hearing and appeal of boarded and vacant building penalty.

A. Hearing Request. Any person receiving an administrative penalty may request a hearing to contest the penalty. Any request for a hearing must be filed in writing with the city clerk within 15 days of the issuance of the penalty. At the time of requesting the hearing, the person requesting the appeal shall pay an appeals processing fee. No appeal shall proceed without payment of the fee at the time the appeal is filed; provided, that the city clerk may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship that would prevent rehabilitation of the building at issue, or other factors indicating good faith attempts to comply. Failure to timely request a hearing or to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

B. Hearing Officer. The city manager shall designate the hearing officer(s) for administrative penalty hearings. Hearing officers may be employees of the city or any other person qualified to hear such a hearing.

C. Administrative Hearing and Procedures. The hearing officer shall only consider evidence that is relevant to the following issues:

1. Whether the building meets the definition of vacant building as provided in this chapter for 30 consecutive days; and

2. Whether any of the exceptions set forth in PMC 15.14.040(A) have been met.

D. The procedures regarding the hearing officer’s final decision, payment of fine after final administrative decision, late payment charges, recovery of administrative fines and costs, and right to judicial review are contained in PMC 1.20.030(H) through (L). [Ord. 06-1272 § 2, 2006.]