Brawley Municipal Code Ch. 16a Maintenance and Registration of Vacant Properties

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2025-06, § 4, adopted Nov. 4, 2025, repealed the former Ch. 16a, §§ 16a.1—16a.7, and enacted a new Ch. 16a as set out herein. The former Ch. 16a pertained to maintenance of abandoned buildings or vacant property and derived from Ord. No. 96-01, Exh. A, §§ 1—7.

For the purposes of this chapter, the following terms shall have the following definitions:

"Active construction" means construction activities are occurring pursuant to a valid building permit and without any pause, interruption, or suspension greater in duration than forty-five days.

"Beneficiary" means a lender under a note secured by a deed of trust or any other party with a recorded interest in the property.

"Deed of trust" means an instrument by which title to real estate is transferred to a third-party trustee as security for a real estate loan.

"Enforcement official" means the city manager, building official, chief of police, fire chief, or any of their respective designees.

"Evidence of vacancy" means any condition that, on its own, or combined with other conditions present, would lead a reasonable person to believe that a property is vacant. Such conditions include, but are not limited to overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, or mail, past due utility notices or disconnected utilities, accumulation of trash, junk, or debris, the absence of window coverings such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with habitation, and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

"Local" means the area within forty miles of the subject property.

"Notice of default" means a recorded notice that a default has occurred under a deed of trust and the beneficiary intends to proceed with a trustee's sale.

"Owner" means any person having legal or equitable title or any interest in real property, including any beneficiaries or trustees, any lessee, occupant, or person having charge or control of the building(s), structure(s), or property within the city.

"Trustee" means a person or entity holding a deed of trust on a property.

"Vacant property" means any building, lot, or parcel that has not been occupied or utilized for a period of more than thirty days. A building, lot, or parcel is not vacant if active construction is occurring on the property.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) It shall be the duty of each owner or agent thereof to maintain their property.

(b) The following acts and conditions, when performed or existing upon any lot or parcel within the city, are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare:

i. Buildings, structures, or fences in a state of either partial construction or destruction, except during active construction;

ii. Graffiti;

iii. Painted surfaces that are peeling, or stuccoed surfaces that are crumbling;

iv. Animal droppings;

v. Doors and windows that are not closed and securely locked so as to prevent unpermitted access to the structure;

vi. Broken windows that are not replaced immediately with glass or boards;

vii. Signage, except for those advertising the sale or rental of the property, not removed within sixty days of the cessation of the use associated with the sign, or otherwise properly permitted pursuant to the Brawley Municipal Code;

viii. Trash, debris, litter, and junk;

ix. Overgrown landscaping or weeds;

x. Structures or buildings that are structurally unsound or dangerous;

xi. Violation of any applicable city, county, or state code or regulation.

(Ord. No. 2025-06, § 4, 11-4-2025)

If a building, lot, or parcel is found to be in conflict with the maintenance standards of this chapter, an enforcement official shall declare said property to be a nuisance.

(Ord. No. 2025-06, § 4, 11-4-2025)

Any nuisance that poses an immediate threat to the public health, safety, or general welfare shall be abated immediately as directed by an enforcement official. Any such abatement activity under this section may be conducted without observance of any notice requirements described in this chapter.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) Upon declaration of a property being a nuisance, the enforcement official shall send a notice to abate in writing to the owner of record of the subject property. A copy of the notice shall also be posted on the property.

(b) Said notice shall provide a brief description of the violations and a deadline for the property owner to abate the nuisance. This deadline shall be at least thirty days from the date of the notice, unless the property or the property owner has had a previous nuisance abated under section 16a.4 or section 16a.5(c), in which case, the deadline shall be at least ten days from the date of the notice.

(c) The notice shall contain a statement that the determination of nuisance may be appealed as set forth in section 16a.7 of this chapter.

(d) The owner may appeal the notice pursuant to provisions of section 16a.7 of this chapter. If no appeal is received by the city clerk within fifteen calendar days after service of the notice, the determination shall be deemed final.

(e) If, after the expiration of the deadline, the nuisance still has not been abated to the satisfaction of the enforcement official, they shall request that the city manager direct the building official to abate the nuisance according to law.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) If a nuisance is abated under this chapter, the enforcement official shall keep a full and accurate accounting of all costs associated with said abatement.

(b) An invoice detailing said costs shall be sent to the owner(s) of the property by the finance department requesting payment within thirty days of the date of the invoice. The invoice shall be accompanied by a notice that the cost of abatement may be appealed as set forth in section 16a.7 of this chapter. If no appeal is received by the city clerk within fifteen calendar days after service of the invoice, the invoice shall be deemed final.

(c) If payment is not received by the applicable deadline, a lien or special assessment for the invoice amount shall be levied against the property in accordance with Government Code Sections 38773.1 et seq.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) The responsible party may appeal the determination of nuisance or costs of abatement by filing a written request for a hearing with the city clerk within fifteen days of the date of the notice to abate or invoice of abatement costs. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The city manager shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such matters pursuant to chapter 19F of the Brawley Municipal Code.

(b) Notice of the date of hearing shall be given in writing. The date of the hearing shall conform to the procedure set forth in section 19F.10.

(c) At the time fixed in the notice, the contracted hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance or the determination of costs of abatement.

(d) If the hearing officer so concludes, they may declare the conditions existing to be a nuisance and direct the owner of the property on which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the hearing officer's order. The hearing officer may grant additional time to abate the nuisance if, in their opinion, good cause for additional time exists. Additionally, the hearing officer may uphold, deny, or modify the city's determination of costs of abatement.

(e) The decision of the hearing officer on the determination of the nuisance or determination of costs of abatement is final. Any appeal of the hearing officer's decision shall be governed by California Code of Civil Procedure Section 1094,6 or such section as may be amended from time to time.

(Ord. No. 2025-06, § 4, 11-4-2025)

Once a property has been declared a nuisance and said nuisance has been abated, either by the city or by the owner, the building official shall place said property on a periodic inspection schedule, the interval of which to be determined by the building official.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) An owner of a vacant property must register their property with the city within ten days of the building, lot, or parcel becoming vacant. Properties shall remain subject to these registration and fee requirements as long as they remain vacant.

(b) The registration shall contain the names, mailing addresses, and phone numbers for any beneficiary or trustee, and all other known owners. Owners utilizing a local property management company must also include the name, mailing address, and phone number of the local property management company or companies who are responsible for the security and maintenance of the property.

(c) A registration fee of one hundred dollars shall accompany the registration form. The registration shall be valid for the remainder of the calendar year in which the registration was submitted. Registration fees are nonrefundable and may not be prorated. The registration fee provided for herein may be increased by resolution in the event that the city council determines that it is insufficient to defray the costs of maintaining the vacant property list and performing periodic inspections.

(d) Registration must be renewed annually. Renewal registrations and renewal fees are due January 1st of each year and must be received no later than January 31st of the year due.

(e) Any beneficiary or trustee who holds a deed of trust on a property located with the city shall perform an inspection of the subject property prior to recording a notice of default with the Imperial County recorder's officer. If the subject property is found to be vacant or shows evidence of vacancy, the beneficiary or trustee shall, within ten days of the inspection, register the property in accordance with the provisions of this chapter.

(f) Any owner who has registered a property under this chapter must report any change of the information contained in the registration within ten days of the change.

(g) In the event a registered vacant property becomes occupied, the owner shall report the occupation with in ten days of the same so that the property may be removed from the vacant property list maintained by the city.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) All vacant properties shall be maintained in a manner which secures the property from any unauthorized entry. This shall include, but is not limited to, repairing walls and fences, chaining or padlocking gates, and repairing and/or boarding doors, windows, or other openings.

(b) An owner, or their agent, must inspect the vacant property on a monthly basis. If unable to do so, owners of vacant properties must retain a local property management company licensed to do business in the city. The local property management company must be contracted to perform monthly inspections of the vacant property to ensure compliance with the Brawley Municipal Code. If the local property management company determines that the vacant property is not in compliance with any provision of the Brawley Municipal Code, the property management company shall notify the owner(s) and the property shall be immediately brought back into compliance.

(c) All vacant properties registered under this Chapter shall be posted with the name and twenty-four-hour contact phone number of the owner and/or local property management company. The posting shall be no less than eighteen inches by twenty-four inches, shall contain the phrases "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL", and shall be of a font that is legible from the street. The posting shall be placed on the interior of a window facing the street so that the posting is visible from the street. If no such window exists, the posting must be constructed of weather-resistant materials and posted in a location that is visible from the street.

(Ord. No. 2025-06, § 4, 11-4-2025)

(a) It is unlawful and declared a public nuisance per se to violate any provision of this chapter.

(b) A violation of any provision of this chapter constitutes a misdemeanor punishable by a fine of up to one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Each and every day that a violation is maintained, caused, suffered, or permitted to exist is a separate offense.

(c) A violation of any provision of this chapter is subject to civil citations, penalties, fees, and costs as further described in chapter 19F of this Code.

(d) The provisions of this chapter are nonexclusive, and are supplementary to existing rights and remedies. The provisions of this chapter may be enforced by any remedies provided for in this Code or otherwise available by law.

(e) The duties and liabilities specified in this chapter are joint and several among and between all owners.

(Ord. No. 2025-06, § 4, 11-4-2025)