Alameda Municipal Code § 13-14 Boarded Buildings and Vacant Parcels

The City Council finds that boarded buildings and vacant parcels are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the parcel fails to actively maintain and manage the building or parcel. Vacant buildings which are boarded, substandard or unkempt properties, and long-term vacancies discourage economic development, retard appreciation of property values and constitute a public nuisance.

Vacant parcels are often used as a dumping ground for debris, are often overgrown with weeds and grass, and may become a dumping ground for toxic or other hazardous substances and used drug needles. 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. Boarded buildings and vacant parcels which are not actively and well maintained and managed can be the core and cause of spreading blight.

(Ord. No. 2705 N.S. § 2)

Building Official shall mean the Chief Building Inspector, Fire Marshall or Code Enforcement Officer, or their appointed or designated representatives.

Boarded building shall mean a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.

Vacant parcel shall mean a parcel of real property upon which there is an improvement of any type on any part or portion of said parcel and the parcel is unoccupied or unused by the owner or any person with the owner's consent.

(Ord. No. 2705 N.S. § 2)

a. The owner of any boarded building or vacant parcel, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall cause the boarded building or vacant parcel to be rehabilitated for occupancy within ninety (90) days after the building is boarded or the parcel is vacant.

b. No person shall allow a boarded building or vacant parcel to stand vacant for more than ninety (90) days unless one of the following applies:

1. There is a valid building permit for repair, rehabilitation or construction of a building and the owner is progressing diligently to complete the repair, rehabilitation or construction;

2. The building complies with all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent;

3. The Building Official determines that the boarded building or vacant parcel does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the boarded building or vacant parcel so that it does not contribute to blight. Active maintenance and monitoring shall include:

(a) Maintenance of landscaping and plant materials in good condition;

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

(c) Regular removal of all exterior trash, debris and graffiti;

(d) Maintenance of the boarded buildings and vacant parcels 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 and criminal street gang activity.

(Ord. No. 2705 N.S. § 2)

a. Any owner of a boarded building or vacant parcel which remains in violation of subsection 13-14.3 shall be liable for an administrative penalty in an amount not to exceed One Thousand ($1,000.00) Dollars per calendar year per boarded building or vacant parcel.

b. A second or subsequent administrative penalty imposed upon any owner pursuant to this section shall be in an amount not to exceed Five Thousand ($5,000.00) Dollars per calendar year per boarded building or vacant parcel.

(Ord. No. 2705 N.S. § 2)

Whenever the Building Official has inspected, or caused to be inspected, any building or parcel and has found and determined that such building is in violation of this section he/she shall commence proceedings for assessment of an administrative penalty as provided in subsections 13-14.6 and 13-14.13.

(Ord. No. 2705 N.S. § 2)

a. The Notice of Hearing shall contain:

1. The street address and such other description as is required to identify the premises;

2. A statement specifying the conditions which constitute a violation of this Code;

3. An order to the owner to appear before a Hearing Officer at a stated time, but in no event less than twenty (20) days after having mailed such notice, to show cause why an administrative penalty should not be assessed in accordance with this Code;

4. A statement advising the owner that he/she has the option of voluntarily correcting the condition(s) which violate the provisions of this chapter prior to the date set for hearing. If the owner chooses to correct the conditions, the corrections must be completed prior to the hearing date. The owner must advise the Building Official in writing that he/she will correct the conditions and the date of completion. The Building Official will inspect the premises on the completion date, and if the conditions have been corrected, the hearing will be taken off calendar. The owner may request a continuance of the hearing in order to comply, but in no event shall the continuance exceed thirty (30) days.

b. The hearing notice, and any amended or supplemental notice, shall be served by personal service or by posting conspicuously at least one (1) copy of the notice on the boarded building or parcel alleged to be vacant, and another copy shall be sent by certified mail, postage prepaid, return receipt requested, to the person owning the land as such person's name and address appear on the last equalized assessment roll, or supplemental roll, or as known to the City Clerk of the City of Alameda, and to any mortgagee or beneficiary of a deed of trust. If such address is unknown to the Building Official, then that fact shall be so stated in the copy so mailed, and it shall be addressed to him or her at the county seat of the county wherein said property is situated. Service of the Notice and Order shall be deemed complete on the date the notice is first posted or personally served. Service by certified mail shall be deemed complete when deposited in the United States Mail. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

c. Proof of Service. The officer or employee, upon giving notice as aforesaid, shall file an affidavit thereof with the City Clerk certifying as to the date and manner in which such notice was given.

(Ord. No. 2705 N.S. § 2)

The City Manager shall appoint a Hearing Officer to hear cases brought under this section.

(Ord. No. 2705 N.S. § 2)

a. At the time set for hearing, the Hearing Officer shall proceed to hear the testimony of the Building Official, the owner, and other competent persons respecting the condition of the building and other relevant facts concerning the matter.

b. Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

c. Continuances. The Hearing Officer may, upon request of the owner of the premises or upon request of the Building Official, grant continuances from time to time for good cause shown, or upon his own motion.

d. Oaths; Certification. The Hearing Officer or certified shorthand reporter shall administer the oath or affirmation.

e. Evidence Rules. California Government Code section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under this section.

f. Rights of Parties.

1. Parties may represent themselves, or be represented by any person of their choice.

2. If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. No. 2705 N.S. § 2)

In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the City or County, or any of their departments.

(Ord. No. 2705 N.S. § 2)

a. The Hearing Officer may, with the owner(s)' consent, inspect the building and premises involved in the hearing prior to, during, or after the hearing, provided that:

1. Notice of such inspection shall be given to the parties before the inspection is made; and

2. The parties are given an opportunity to be present during the inspection; and

3. The Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.

b. Each party then shall have a right to rebut or explain the matters so stated by the Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(Ord. No. 2705 N.S. § 2)

If it is shown by substantial evidence that the owner has violated provisions of subsection 13-14.3, then the Hearing Officer shall impose an administrative penalty pursuant to subsections 13-14.4 and 13-14.13. In determining the penalty, the Hearing Officer shall consider factors including, but not limited to: The severity, extent and length of time in which the blighting conditions have existed on the property; the owner's efforts or lack thereof, to remedy the problem; staff time and costs incurred in investigating the conditions; and the extent, if any, to which the administrative penalty would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. The decision of the Hearing Officer shall be final.

a. The decision of the Hearing Officer shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall require the owner to pay the administrative penalty prescribed in subsection 13-14.4. The decision shall inform the owner that if the administrative penalty is not paid within the time specified in subsection 13-14.5, then it may be made a personal obligation of the owner, made a special assessment against the property, and/or a lien may be imposed on the property involved for the amount of the penalty assessed.

b. The decision shall also inform the applicant that the time for judicial review is governed by California Code of Civil Procedure section 1094.6. The decision shall be final when signed by the Hearing Officer and served as herein provided.

(Ord. No. 2705 N.S. § 2)

Upon issuance of the decision, the Building Official shall serve a copy on the record owner in the same manner as set forth in subsection 13-14.6(b), and one copy shall be served on the mortgagee or beneficiary of any deed of trust.

(Ord. No. 2705 N.S. § 2)

a. The administrative penalty shall be due and payable within thirty (30) days after service of the Hearing Officer's decision.

b. In the event the administrative penalty is not paid within forty-five (45) days after the service of the Hearing Officer's decision, the City Council may confirm the amount of the administrative penalty and order that it be specially assessed against the property, and thereafter 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. The owner(s) of the property to be specially assessed pursuant to this section shall be given not less than ten (10) days notice of the hearing before the City Council taken under this section.

c. In addition to the impositions of a special assessment pursuant to the provisions of subparagraph (b) of this subsection, the City Council may order a lien to be recorded against the property. The lien shall include, but not be limited to, the identity of the owner(s), the date of the imposition of the penalty, the amount of the penalty, and a description of the real property subject to the lien. A copy of the lien shall be mailed to the owner(s) of the property after the recordation, with all recording information affixed thereto, at the address of said owner(s) appearing on the last equalized assessment roll, or supplemental roll, or to the property address.

d. In the event it shall be necessary to institute legal action to collect the administrative penalty, the City of Alameda shall be entitled to recover reasonable attorney's fees and all costs associated with the collection of the penalty as set forth in California Code of Civil Procedure section 1033.5.

(Ord. No. 2705 N.S. § 2)