Chapter 16.19
MAINTENANCE OF BOARDED AND VACANT BUILDINGS
Sections:
16.19.030 Enforcement and remedies for violation.
16.19.040 Owner responsibilities.
16.19.050 Quarterly monitoring fee.
16.19.060 Standards for boarding a vacant building.
16.19.070 Abatement procedures for vacant and unsecured buildings.
16.19.080 Emergency hazard abatement.
16.19.090 Additional abatement.
16.19.110 Appeals regarding placement into program.
16.19.120 Vacant and boarded building penalty.
16.19.130 Request for hearing and appeal of boarded and vacant building penalty.
16.19.140 Continuous public nuisance.
16.19.150 Right to judicial review.
16.19.010 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, safety and welfare 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 department, planning department, building 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. 11-2007 § 1].
16.19.020 Definitions.
“Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure approved for occupancy.
“Owner,” for the purposes 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.
“Vacant building” means any structure or building that:
1. Is unoccupied or occupied by unauthorized persons; and
2. Is unsecured or boarded. [Ord. 11-2007 § 1].
16.19.030 Enforcement and remedies for violation.
A building that is vacant or vacant and boarded 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 Rancho Cordova 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 program fee shall not preclude the city manager or his/her designee from seeking all other remedial penalties available under the Rancho Cordova Municipal Code.
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. 11-2007 § 1].
16.19.040 Owner responsibilities.
A. The owner of any vacant boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the vacant boarded building to be rehabilitated for occupancy within 30 days after the building is boarded.
B. 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 that 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. Active maintenance and monitoring shall include, without limitation, all of the following:
a. Maintenance of landscaping and plant material in good condition; and
b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition; and
c. Prompt and regular removal of all exterior trash, debris and graffiti; and
d. Maintenance of the building in continuing compliance with all applicable codes and regulations; and
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, 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.
C. The owner of any vacant 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 pursuant to the board-up standards provided in RCMC 16.19.060. [Ord. 11-2007 § 1].
16.19.050 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. A quarterly monitoring fee in an amount to be established from time to time by the city manager shall be imposed upon every owner of a vacant building in violation of this chapter; provided, that the fee shall not exceed the estimated reasonable cost of monitoring vacant buildings in the city. The city manager may adjust the fee as necessary. The quarterly monitoring fee is due within 30 days of notice that the building is vacant and 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 the city manager or his/her designee determines to be in violation of RCMC 16.19.040(A) and (B).
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. Active maintenance and monitoring shall include, without limitation, all of the following:
a. Maintenance of landscaping and plant material in good condition; and
b. Maintenance of the exterior of the building in good condition, including but not limited to paint and finishes; and
c. Prompt and regular removal of all exterior trash, debris and graffiti; and
d. Maintenance of the building in continuing compliance with all applicable codes and regulations; and
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, 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.
D. Notice and Procedures. The vacant building monitoring fee shall be billed to the owner of the property. Notice shall be served either personally, by first class mail, or by certified 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. Within 10 days of enrollment in the vacant building monitoring program, the owner must place a sign in a visible area in the front of the vacant building that indicates that the building has been enrolled in the city of Rancho Cordova’s vacant building monitoring program. The sign will be provided to the owner by the city upon enrollment.
G. 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.
H. Within 15 days of the bill for the vacant building monitoring program 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 program fee.
I. 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 legally available procedures 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. 11-2007 § 1].
16.19.060 Standards for boarding a vacant building.
A. The temporary boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the following minimum standards:
1. Windows. Windows and similar openings shall be boarded with exterior grade plywood of minimum thickness three-fourths inch (to be consistent with door security standards) or its equivalent. Vent holes may be required, as deemed necessary by the building official. The plywood shall be secured in place, as a minimum standard, by a set of two Grade No. 2 Douglas fir two-by-four or four-by-four cross members set at two feet on center vertically, secured to the plywood by three-eighths-inch plated carriage bolts with large washers at each end and with the cross member turned so that the carriage bolt goes through the larger dimension. Bolts used to secure the cross member shall be threaded to the correct length. A minimum of two sets of such cross members shall be used on each window. Each cross member shall be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Bolts and nuts used to secure the cross members to the plywood must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood and not give a purchase for pliers or pry bars. The nuts are to be located on the interior side of the structure.
2. Exterior Doors. The main exterior (required) residential exit door(s) and all commercial exterior exit doors shall be boarded with exterior grade plywood of a minimum thickness of three-fourths inch or its equivalent, fitted to the entry door jamb with maximum one-eighth-inch clearance at each edge from the door jambs and threshold. The existing door should be removed. The plywood shall, as a minimum standard, be attached to three Grade No. 2 Douglas fir horizontal two-by-four wooden crossbars with two each three-eighths-inch carriage bolts and matching hardware, with nuts located on the interior side of the structure. The plywood shall be attached to the door entry with three case-hardened strap hinges located at quarter points and the plywood shall be secured by two case-hardened steel hasps located at third points on the strike side of the door and minimum two-inch case-hardened padlock. Fasteners used to attach the door hasp and hinges shall be the nonreversible type that do not give a purchase for pliers or pry bars. All other unsecured residential doors providing exterior access shall be removed and be secured in the same fashion as windows noted above.
3. Painting of Boarded Openings. All boarded openings shall be painted with a minimum of one coat of exterior paint which is of a dark gray or similar earth color or a color compatible with the exterior color of the building or structure.
4. Garages. Overhead garage doors shall be secured. Nailing the door to the jamb or nailing pieces of two-by-four to the jamb is not acceptable. The overhead door shall be padlocked with the existing garage lock or a newly installed one. In an attached garage it is acceptable, as a minimum standard, to insert a piece of Grade No. 2 Douglas fir two-by-four lumber through the overhead mechanism on the inside of the door. The two-by-four shall be long enough to go through both sides of the mechanism or shall be nailed in place on the inside so that it cannot fall out. Secondary garage entrances to the outside of the garage shall be secured with strong-backed plywood as described for windows above. Access doors between the house and attached garage need not be boarded. Detached garages shall be secured as separate structures. Access shall be provided by padlock as described for doors above.
B. Alternative Methods of Securing a Building. Notwithstanding subsection (A) of this section, the building official may approve alternative methods of securing doors, windows or other openings of any building or structure. 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 and long-term security against the unauthorized entry to the property.
C. During all times that persons are inside a boarded structure, all exits and entries shall be made accessible; provided, that the structure must be again secured when such persons are no longer inside. [Ord. 11-2007 § 1].
16.19.070 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 fee 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 RCMC 16.19.060.
C. Service of Notice. Notice shall be served personally to the owner, or notice shall be posted on the premises and mailed by first class or certified mail 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 Rancho Cordova 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 RCMC 16.19.100.
G. If the city boards the unsecured vacant building, all barricade materials supplied by the city shall become the property of the owner upon payment of all costs to the city. [Ord. 11-2007 § 1].
16.19.080 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, or 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. 11-2007 § 1].
16.19.090 Additional abatement.
If a vacant building previously abated by the owner or the city 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 may abate the nuisance and recover costs as provided for in this chapter. The time required for the abatement of violations may be less than 10 days depending on the severity of the violation. [Ord. 11-2007 § 1].
16.19.100 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 may use all legally available procedures to collect any unpaid fee, cost, penalty or charge, including, but not limited to, collecting the unpaid fee on the tax roll or recording a lien against the property, consistent with applicable law and RCMC 1.01.200. [Ord. 27-2014 § 6; Ord. 11-2007 § 1].
16.19.110 Appeals regarding placement into program.
A. The city hearing officer 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 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.
C. The hearing officer shall set the date for the hearing and determination. 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 shall be final.
D. At the Hearing. All notices related to the placement of the property in the program and the fee and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the placement of the building into the program or the fee shall be given the opportunity to testify and to present evidence concerning the penalty.
E. Hearing Officer’s Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss or modify the administrative penalty. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.
F. Fees and Costs After Hearing Officer’s Decision. All fees and costs owed after the hearing officer’s decision are due within 30 days of the decision. Fees and costs owed which are more than 30 days delinquent 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. 11-2007 § 1].
16.19.120 Vacant and boarded building penalty.
A. Penalties. Any owner of a boarded building which remains boarded in violation of RCMC 16.19.040(A) or any owner of a building which remains vacant in violation of RCMC 16.19.040(B) shall be liable for the following administrative penalties per building:
1. Any owner of a building that remains vacant beyond the initial 30 days in violation of RCMC 16.19.040 shall be liable for an administrative penalty in an amount of $500.00 for the first violation.
2. Ninety calendar days after the issuance of the first administrative penalty, as described in subsection (A)(1) of this section, the owner of a vacant building which continues to be in violation of this chapter shall be liable for an administrative penalty in an amount of $1,000.
3. Ninety calendar days after the issuance of the second administrative penalty, as described in subsection (A)(2) of this section, the owner of a vacant building which continues to be in violation of this chapter shall be liable for an administrative penalty in an amount of $1,500.
4. For every additional 90-calendar-day period after the issuance of the third administrative penalty, as described in subsection (A)(3) of this section, the owner of a vacant building which continues to be in violation of this chapter shall be liable for an administrative penalty in an amount of $2,000 per building.
B. Unless otherwise expressly provided, 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.
C. Issuance of Notice of Violation and Penalty. If the city manager or his/her designee determines that a violation of this chapter has occurred, the city manager or his/her designee shall issue an administrative penalty to any person whose acts or omissions have caused or contributed to the violation.
D. Service of Notice. Notice shall be served personally to the owner, or notice shall be posted on the premises and mailed by first class or certified mail 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. A separate notice of violation and penalty shall be issued for each subsequent penalty that may be assessed pursuant to this section.
E. 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.
F. 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 RCMC 16.19.130 is filed with the city clerk within 10 days of the issuance of the penalty.
G. Delinquent Penalties. Penalties established pursuant to this chapter which are more than 30 days delinquent 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. 11-2007 § 1].
16.19.130 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 neighborhood services department within 10 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 neighborhood services department supervisor or any other person designated by the city manager may reduce, waive or defer the appeal fee upon written request for good cause shown. Good cause may include 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.
C. The hearing officer shall set the date for the hearing and determination. 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 shall be final.
D. 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 RCMC 16.19.040(B) have been met.
E. At the Hearing. The administrative penalty notice and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the administrative penalty shall be given the opportunity to testify and to present evidence concerning the penalty.
F. Hearing Officer’s Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss or modify the administrative penalty. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.
G. Penalties and Costs after Hearing Officer’s Decision. All penalties and costs owed after the hearing officer’s decision are due within 30 days of the decision. Penalties and costs owed which are more than 30 days delinquent 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. 11-2007 § 1].
16.19.140 Continuous public nuisance.
Any vacant building that was originally secured by the owner or pursuant to an 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 following any of the administrative abatement procedures found in this code and seeking a court order. [Ord. 11-2007 § 1].
16.19.150 Right to judicial review.
A person aggrieved by the hearing officer’s decision under this chapter may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 20 days after service of the final decision in accordance with the timelines and provisions set forth in Section 53069.4 of the California Government Code. [Ord. 11-2007 § 1].