Bakersfield Municipal Code Ch. 8.27 Property Maintenance

8.27.015 Vacant buildings. 8.27.020 Enforcement. 8.27.030 Abatement.

It is unlawful and is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the following conditions exist thereon, except as may be allowed by Title 17 of this code:

A. Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor’s roll, or left in an unreasonable state of partial construction. For purposes of this chapter, “left in an unreasonable state of partial construction” means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 15 of this code, where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood.

B. Any doorway, window or other opening into a vacant structure not closed and maintained by means or materials approved by the building director.

C. Any broken window constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals or enabling persons to resort thereto for the purpose of committing unlawful acts.

D. Overgrown, dead, decayed, diseased or hazardous trees, weeds and other vegetation:

1. Likely to attract rats, vermin and other nuisances; or

2. Constituting a fire hazard; or

3. Dangerous to public safety and welfare.

E. Any building exterior, wall, fence, driveway, sidewalk, or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood.

F. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, any pool, pond or excavation dangerous to children.

G. Construction equipment or machinery of any type or description parked or stored on the owner’s property where it is readily visible to the general public, except during excavation, construction or demolition operations covered by an active building permit for the subject or adjoining property, except as may be allowed by Title 17 of this code.

H. Lumber (excluding stacked firewood for use on the property and lumber for a project on the property initiated within ten days of delivery), junk, trash, debris or salvage materials visible to the general public, except as may be allowed by Title 17 of this code.

I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible to the general public, except as may be otherwise prohibited by Title 17 of this code.

J. Any motor vehicle, trailer, camper, boat or other mobile equipment parked on any unpaved area in any front yard (as defined in Section 17.04.670 of this code) or on any side yard (as defined in Section 17.04.690 of this code) adjacent to any street.

K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any fill dirt brought to the property or excavated from the property and not wetted and compacted in accordance with the requirements of Chapter 70 of the Building Code and graded to within eighteen inches of the adjacent grade within thirty days of delivery or excavation. (Ord. 4826 § 1, 2015; Ord. 4791 § 1, 2014; Ord. 4715 § 1, 2012; Ord. 3182 § 1, 1988)

A. Vacant buildings must be maintained in a safe and secure condition to prevent unlawful and/or unauthorized uses, including but not limited to maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers.

B. Vacant buildings shall be posted by the property owner with approved no trespassing signage to permit police enforcement action. Property owner contact information shall remain current.

C. In the case of a fire damaged building, the property owner shall, within ninety days of the occurrence of the fire, submit an application for a fire rehabilitation permit or obtain a permit for the demolition of the building(s) subject to the fire.

D. Vacant Building Registry. All commercial buildings that have been or are expected to be vacant for longer than thirty days shall be registered, at no cost, with the city’s vacant building registry as may be developed and maintained in the discretion of the building director or designee. Registration may be provided on a city website or web application. The registration shall include the identity of all record owners, the street address of the vacant building, and a local contact, and shall be maintained only for internal use by the city. All applicable properties are required to be registered and updated within seventy-two hours of a change of ownership or contact information, unless a grace period applies pursuant to subsection E of this section. Upon request, an owner of a vacant commercial building shall provide a vacant building plan stating the owner’s plans for the building, if any, timeline for completion of those plans, and the measures in place to ensure that the building and property will continue to be maintained in compliance with applicable city codes.

E. Grace Period. Owners of newly acquired blighted vacant buildings shall have sixty days from the date of legal possession of the building to be in compliance with this section. The building director or designee may grant a continuance if documentation is provided to the satisfaction of the director or designee showing delay is of no fault of the property owner.

F. Noncompliance. Failure by the property owner to comply with each of the standards set forth in this section shall constitute a separate violation of this code and shall be punishable as an infraction or misdemeanor or an administrative citation pursuant to Chapter 1.40, in addition to any other available remedies at law. In addition, failure to adequately maintain vacant buildings as set forth in this section may be subject to nuisance abatement procedures as provided in this code, with penalties and costs recoverable pursuant to Chapter 8.80 of this code. (Ord. 5150 § 1, 2024; Ord. 5115 § 1, 2022)

A. The building director shall enforce the provisions of this chapter. Any person who violates any provision of Section 8.27.010 shall be punished as set forth in general penalty provision Section 1.40.010.

B. For each day that a violation exists, it shall constitute a separate offense. (Ord. 3434 § 2, 1996; Ord. 3182 § 1, 1988)

As an alternative to the enforcement provided in Chapter 1.40, the building director may take action to abate the nuisance, pursuant to Chapter 8.80 of the Bakersfield Municipal Code. (Ord. 3440 § 1, 1992; Ord. 3182 § 1, 1988)