Alhambra Municipal Code Ch. 6.28 Vacant Property Regulations

The intent of this chapter is to establish regulations governing vacant property, vacant buildings, and vacant tenant spaces within Alhambra. The establishment of these regulations is to ensure that properties, buildings, and tenant spaces are maintained in a manner that projects a positive image to the general public.

(Ord. 4841, passed 10-28-24)

The following words and phrases, whenever used in this chapter, shall have the meaning defined in this section unless the context requires otherwise.

VACANT BUILDING. A property that has a building with either a single tenant or multi-tenant space with no business activity or maintenance on-site that is unleased by the property owner for more than 30 calendar days.

VACANT PROPERTY. An undeveloped property with no buildings. Also could be a property that has never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed.

VACANT TENANT SPACE. A tenant space within a multi-tenant building that is unleased by the property owner for more than 30 calendar days.

(Ord. 4841, passed 10-28-24)

(A) Responsible parties of a vacant property, vacant building and/or vacant tenant space, must register the real property with the Community Development Department on forms approved by the Community Development Director within 30 days of written notice by the city of the requirements of this program. The failure of any person to receive this notice does not affect the validity of any proceedings under this program.

(B) Such registration forms must include at least the following:

(1) Name, telephone number, email address, facsimile, and physical street/office address (not a P.O. box) of the property owner, designee, and responsible party and, if different, the separate mailing addresses of the owner, designee, and responsible party.

(2) If available, the name, street address, telephone, email address, and facsimile number of a local property management company responsible for the security, maintenance, and marketing of the vacant property.

(3) If the responsible party's place of residence or business location is not within 40 driving miles of the subject property, then the responsible party for the vacant property, vacant building, and/or vacant tenant space must retain the services of a local property management company that is responsible for the security, maintenance, and marketing of that real property. The retention of a local property management company does not relieve the responsible party of any obligations, duties, or responsibilities. A responsible party must provide in writing the name and telephone number of the local property management company to adjoining property owners in case of emergency or other issues that arise in connection with the subject property.

(4) A responsible party must cause the on-site inspection of any real property subject to registration pursuant to this program to be inspected as required by this program.

(5) A responsible party must abate any unlawful condition existing on real property subject to registration pursuant to this program within 60 days after observing or being notified of the unlawful condition. Nothing in this program relieves any responsible party of the need to obtain approvals, permits, or licenses as otherwise required by the City Municipal Code.

(C) The registration forms must be accompanied by an annual registration fee. The initial first-year registration fee will be waived if the registration process is initiated by the responsible party.

(D) The registration and accompanying fee will be valid for the calendar year, or the remaining portion of the calendar year, in which the registration was initially required. The registration fee will not be prorated. Subsequent registrations and fees are due January 1st of each year and must be received by the city not later than January 31st of the year.

(E) Persons required to register vacant property, vacant building, and/or vacant tenant space, must keep such property registered and must comply with this program for the entire time such property, building, and/or vacant space remains vacant or shows evidence of vacancy. Persons required to register real property must also report any change of information contained in the registration within ten calendar days of the change.

(F) When a vacant property, vacant building and/or vacant space, becomes occupied or title is transferred to another responsible party, the prior owner or prior responsible party must notify the Community Development Director in writing within ten calendar days after the property's occupancy or the transfer of title.

(G) The new responsible party must re-register the vacant property within ten calendar days after the transfer.

(H) Nothing contained within this program relieves a responsible party from complying with any other applicable law including, without limitation, any contractual obligations it may have pursuant to conditions, covenants, and restrictions recorded against the vacant property.

(I) A vacant tenant space shall be removed from the registry when the owner obtains a completed lease agreement with a new tenant.

(Ord. 4841, passed 10-28-24)

(A) Vacant property, vacant building, and/or vacant tenant space must be secured within 24 hours after becoming vacant or showing evidence of vacancy, in a manner to prevent access by unauthorized persons, including, without limitation, the closure, locking, or boarding of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property or buildings or structures located thereon (including garage structures or detached accessory structures).

(B) Windows, doors, or other similar openings must be replaced with permanent windows, doors, or other fixtures within ten calendar days of written notice by the city. Window, door, or other similar openings may not be boarded for a period longer than ten calendar days without prior written approval of the Community Development Director and when such approval has been granted, the boarding of any window, door, or other opening must be painted to match the color of the building.

(C) Responsible parties for any vacant property, vacant building, and/or vacant tenant space, must submit a "Letter of Agency" (or other similarly entitled authorization) in accordance with the City Municipal Code to the Community Development Director every six months and post "No Trespassing" signs as required and approved by the Community Development Director.

(Ord. 4841, passed 10-28-24)

(A) Maintenance for all vacant properties, vacant buildings and vacant tenant spaces. Upon approval of a landscape and irrigation plan, a vacant property, vacant building and/or vacant tenant space must always be improved and maintained by the plan approved by the Community Development Director and the following provisions:

(1) A landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or public rights-of-way.

(2) Landscaped areas must be planted with natural, drought-tolerant vegetation consisting of a combination of trees, shrubs, and ground cover, subject to the approval of the Community Development Director. Such landscape materials must maintain a minimum height of two feet. Durable, high-quality, synthetic turf may also be used as an alternative.

(3) A Kentucky-style fence approved by the Director must be located behind all required perimeter landscaping behind all required permitted landscaping. All barriers must be provided with a gate to allow access to the vacant property for emergency access.

(4) The vacant property and/or vacant building must be improved with an operable automatic irrigation system for the ground cover which must be installed and maintained in good condition by the property owner, or designee, at all times.

(5) Any sources of water including pools, spas, and ponds must be kept in working order so water remains clear and clean.

(6) The vacant property, vacant building, and/or vacant tenant space must be maintained free of litter, weeds, graffiti, debris, and the stockpiling or storage of any material at all times. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that no litter, weeds, graffiti, debris, or materials stockpiling collects or is maintained on the property.

(7) Any dead or dying vegetation as well as any broken, malfunctioning irrigation components on the lot must be replaced by the property owner, or designee, within 72 hours of discovery or notification by the city. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that there is no dead or dying vegetation nor any broken, malfunctioning irrigation components on the lot.

(8) All perimeter barriers must be maintained in good condition at all times by the property owner. Any on-site graffiti must be removed by the property owner, or designee, within 24 hours of discovery or notification by the city. The property owner, or designee, must inspect the property at reasonable intervals for any on-site graffiti and take other steps to reasonably ensure that there is no on-site graffiti.

(B) Vacant property types. Vacant properties with existing on-site buildings or structures that are vacant, abandoned, or unleased for 30 calendar days or more as determined by the Community Development Director, must be improved and maintained at all times. In addition, such properties must be maintained as follows:

(1) All existing on-site landscaping and irrigation must be maintained in good condition, including, without limitation, any conditions of approval applied to the site as part of the approved vacant property landscape and irrigation plan.

(2) All on-site structures must be maintained in good condition at all times. Damage to any on-site buildings or structures must be abated within ten calendar days by the property owner, or designee, upon discovery or upon city notification. An alternative abatement period may be granted if deemed necessary by the Community Development Director, if the property owner, or designee, demonstrates that physical improvements towards remedying the site or building reasonably require more than ten days and only after a written request is received by the property owner justifying additional time for good cause shown.

(3) The vacant property, vacant building, and/or vacant tenant space must be adequately secured at all times to prevent illegal dumping, criminal activity, vandalism, graffiti, trespassing, and any and all other attractive nuisances to the satisfaction of the Community Development Director.

(4) All signage referencing previous businesses must be removed, with wall(s) to be patched and painted to match the existing building.

(C) Storefront window activation. Vacant buildings and/or vacant tenant spaces with ground floor commercial or office space must activate their store front windows with window decal designs provided and/or approved by the Community Development Director. The size of the design shall cover approximately one-third of the window. Design, size and placement must be approved by the Community Development Director. The window decal designs shall be printed on adhesive vinyl. Window decal designs under the Vacant Property Regulations are exempt from the temporary signs regulations pursuant to Municipal Code § 23.21.100.

(1) Windows must be cleaned and fixed prior to installation. Once installed, the window adhesive vinyl must be maintained with no major damage. Window decal design may be changed with approval by the Community Development Director.

(2) Windows must not be covered with textile materials including but not limited to fabric, tarp, cloth, plastic films, metal foil, rubber sheets, vinyl plastic and paper.

(D) Landscape and irrigation plan. Before the city issues a building permit on any vacant property in which the construction of a new building, structure, parking lot, or impervious surface is not scheduled to commence within 30 calendar days after permit issuance, the property owner, or designee, must submit a vacant property landscape and irrigation plan for review and approval by the Community Development Director (with the appropriate plan check fees). The Community Development Director, may impose any reasonable conditions of approval on the vacant property landscape and irrigation plan to ensure that the lot will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation improvements to the vacant property, as specified on the plan, must be completed to the satisfaction of the Community Development Director, within 30 calendar days after approval of the plans.

(E) Implementation. All vacant property, vacant building and/or vacant tenant space, regardless of how they became vacant, that are existing at the time this section becomes effective must comply with this section within 60 calendar days of receiving notice from the city alerting the property owner or operator of the requirements of this section. A reasonable extension of time may be granted for good cause as determined by the Community Development Director or their designee. For purposes of this section only, receipt of notice is deemed to have been provided five calendar days after such notice is mailed by first class mail to the property owner(s) shown on the last assessment roll of the county. The failure of any person to receive this notice does not affect the validity of any proceedings under this program.

(F) Exemption. Any vacant property, vacant building, and/or vacant tenant space that is undergoing construction or any vacant property, vacant building, and/or vacant tenant space, for which a building permit has been issued and has not expired is exempt from the requirements of this section. This exemption does not apply to any extensions, modifications or changes to a planning or building permit.

(Ord. 4841, passed 10-28-24)