Ceres Municipal Code Ch. 06 Vacant and Boarded Buildings

Except as otherwise provided in this chapter, the following terms used in this chapter are defined as set forth in this section:

Boarded means the covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing entry into the building by persons or animals.

Building means any structure (including but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential buildings or associated accessory structures) and any commercial, industrial or other establishment, warehouse, kiosk, sign or other structure affixed to or upon real property used as a dwelling or for the purpose of conducting a business, storage or any other activity.

Vacant building means a building that is unoccupied, or occupied by unauthorized persons for any amount of time.

(Ord. No. 2020-1055, § 1, 1-27-2020)

The City Council finds that neglected, vacant buildings are a major cause of blight in residential and non-residential neighborhoods. Vacant buildings often attract transients and criminals. Use of vacant buildings by transients and criminals, who may employ improper cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for drug paraphernalia, furniture, tires, garbage, junk, and debris and are often overgrown with weeds and grass creating a wide variety of health and safety concerns. In addition, vacant buildings which are simply boarded up for long periods of time with plywood or other materials to prevent entry by transients or vandals very often discourage economic development, disrupting neighborhood stability, retarding appreciation of property values and prompting blight conditions, all of which interfere with the rights of neighboring property owners and occupants to the full use and enjoyment of their property.

The City currently expends resources monitoring and responding to vacant buildings, because of the numerous health, safety, welfare, and economic problems caused by neglected, vacant buildings. There is already a substantial cost to the City for monitoring neglected, vacant buildings (whether or not those buildings are boarded up) as well as substantial toll on the citizens who are affected by the nuisance conditions created. Therefore, the City Council finds there is an urgent need to refine the process by which these buildings are monitored and remediated.

Boarded buildings are a major cause and source of crime and blight in both residential and non-residential neighborhoods. In addition, vacant buildings which are boarded and unkept, and which are vacant for long periods of time, discourage economic development and hinder appreciation of property values.

(Ord. No. 2020-1055, § 1, 1-27-2020)

If an owner or responsible party chooses or is required to board up the windows, doors, and other openings of a building to prevent entry by others, the materials used to board up the building shall be painted to match the color of the existing building.

All windows, doors, and openings shall be secured as per the board up specifications maintained by the City. Plywood is the typical material that is five-eighths inch, except the security door which shall be three-fourths inch. Other materials may be used that meet City standards at the discretion of the City Manager, provided the materials are painted to match the boarded property. Removable glass sections must be removed and inside the house.

(Ord. No. 2020-1055, § 1, 1-27-2020)

No responsible party shall allow a building to stand vacant for more than 60 days, unless one of the following applies:

A. The building is the subject of an active building permit and the owner is progressing diligently to repair the premises for occupancy.

B. The building meets all codes, and is actively being offered for sale, lease, or rent.

C. The building is being maintained in a safe and orderly manner and does not contribute to blight conditions.

D. Maintenance in a safe and orderly manner shall include:

1. Maintenance of any landscaping and plant materials in good condition;

2. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition;

3. Regular removal of all exterior trash, debris and graffiti; and

4. Maintenance of the building in continuing compliance with all applicable codes and regulations.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Active maintenance and monitoring of vacant buildings include all of the following:

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 building 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; and

F. The posting of a notice in a conspicuous place on the front of the building, stating the name, address, and telephone number of both the owner and, if applicable, the owner's agent in control of the building. This notice shall have lettering not less than two inches high, and shall be generally readable from at least 30 feet away.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Any vacant building that also constitutes a public nuisance under title 19 of this Code shall be subject to a monthly monitoring fee to recover the City's regulatory costs to monitor the vacant building as long as the vacant building remains a public nuisance. The fee shall be set by resolution of the City Council and shall not exceed the estimated reasonable cost of monitoring the vacant building.

(Ord. No. 2020-1055, § 1, 1-27-2020)

The vacant building monitoring fee shall not be imposed upon a showing by the owner that:

A. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy;

B. The building meets all applicable codes and is actively being offered for sale, lease or rent;

C. Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building; or

D. The building is being maintained in a safe and orderly manner and does not contribute to blight conditions.

(Ord. No. 2020-1055, § 1, 1-27-2020)

A. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor.

B. Any owner billed may apply for a waiver on the grounds set forth in section 6.06.070 of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the City within 30 days after the billing is mailed to the owner. The building official shall review the written statement and may contact the owner to discuss the application for waiver. The building official shall prepare a written decision which shall be mailed to the owner.

C. Any owner who disagrees with the decision of the City Manager or designee, may submit a written notice of appeal pursuant to title 1. Failure to timely appeal the decision of the City Manager or designee relating to a denial of a waiver constitutes a waiver of all rights to an administrative hearing and determination of the matter subject only to review pursuant to California Code of Civil Procedure section 1094.5.

D. If the fee is not paid within 60 days after billing, or within 60 days after the decision of the building official or after the decision upon appeal by the owner becomes final, the fee may be specially assessed against the property involved and made a personal obligation of the owner. If the fee is to be specially assessed against the property, a hearing officer, as designated by the City Manager, shall confirm the assessment and thereafter said assessment may 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.

E. The designated hearing officer may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.

(Ord. No. 2020-1055, § 1, 1-27-2020)