Clearlake Municipal Code § 9-5 Vacant Commercial Buildings

Vacant commercial buildings are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building. Vacant buildings, whether boarded, substandard, unkempt or long-term vacant discourage economic development, hinder the appreciation of property values and have a detrimental impact on the economic viability of commercial areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. One (1) vacant commercial building that is not actively and well maintained and managed can be the core and cause of spreading blight. A long-term vacant building, even in the absence of code violations, is detrimental to the health, safety and welfare of the community and contrary to the intended property use. Vacant commercial buildings require more frequent monitoring by code enforcement, police and Building Department staff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large. The purpose of the vacant commercial building registration and monitoring program is to discourage property owners from allowing buildings to remain vacant, ensure they are properly secured and maintained, help prevent the buildings from becoming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use. The provisions of this section are to be supplementary and complementary to all the provisions of the City Code, State and Federal law, and any other statutes or regulations, and nothing in this section shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate or prosecute any and all violations and nuisances. (Ord. #230-2019, S2)

As used in this section, the following definitions shall be used: BUILDING means any physical edifice that is built or installed and is located on and affixed to the land and used for or intended for supporting or sheltering any commercial use or occupancy. The terms “building” and “structure” shall be synonymous and shall include any portion thereof. The term “building” does not include residential buildings or structures. DEPARTMENT means the Police Department of the City of Clearlake. ENFORCEMENT OFFICIAL means the City Manager, the Building Official, the Chief of Police and/or their designees authorized to enforce this section. EVIDENCE OF VACANCY means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation, utilities turned off, statements by neighbors, passers-by, delivery agents or other officials, lack of response to notices, returned or forwarded mail, unsecured doors, absence of, or condition of, personal belongings on the property, habitation by trespassers, lack of marketing for purposes of selling or renting property, etc. PROPERTY OWNER means the owner or owners of record of real property as shown on the latest equalized assessment roll of Lake County and any person, partnership, co-partnership, association, corporation, beneficiary in a deed of trust, fiduciary, including a trustee or substitute trustee, or any other legal entity having a legal or equitable interest in the subject property as otherwise known to the Enforcement Official by virtue of more recent and reliable information, including any beneficiary that is pursuing foreclosure of a property subject to this section secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at a trustee’s sale. The terms “owner” and “property owner” shall be synonymous, except where specified. VACANT BUILDING means a building that shows evidence of vacancy, including where substantially all lawful business or construction activity or occupancy has ceased, or which is substantially devoid of contents. Property shall be considered vacant if business operations are conducted daily on less than ten (10%) percent of the overall square footage of the building. (Ord. #230-2019, S2)

a. The owner of a vacant building shall register the building with the Department, on a form furnished by the Department, within ten (10) days after either of the following occur: 1. The building has been vacant for thirty (30) consecutive days; or 2. A notice of default has been recorded. The owner shall pay an annual registration fee which shall be due when the owner submits the registration form. Annual renewal registrations shall be due on July 1st in the year following the initial registration. The annual registration fee shall be paid on or before the annual renewal date or building and the property owner shall submit a registration renewal form with the fee. b. The following information shall be provided with the initial registration form: 1. Street address of the vacant building and parcel number of the real property as designated by the Lake County Assessor. 2. Name, mailing address, and telephone number of the property owner and when applicable, the agent of the owner; the executor of the estate and its trustees, grantors, and beneficiaries; the partners with a financial interest exceeding ten (10%) percent of the assessed value of the building; the principals of an unincorporated association; and the agent for service of process on file with the California Secretary of State for a firm, corporation, limited liability company, or limited partnership. 3. A description of the methods by which the owner has secured the property against unauthorized entry. 4. A completed “statement of intent” form provided by the Department setting forth the expected period of vacancy and plans for the property, including plans to rehabilitate, maintain, sell or demolish the property. 5. Written report in format acceptable to the Department of an interior and exterior inspection of the premises by a Department approved local individual or firm attesting to the conditions of the property, including exterior blight, interior occupancy, utility service, and secured openings, and a written plan detailing the means, methods, and times for periodic inspections and the local individual or firm who shall be responsible for assuring compliance with the provisions of this section. The Department may require completion of a form created by the Department to collect information regarding the inspection in a standardized format. 6. The name, address and twenty-four (24) hour contact information for a person or firm who shall be responsible for conducting periodic inspections of the premises, maintaining the exterior free of blight and compliance with all provisions of this Code, securing the building against unauthorized entry and responding immediately to contact from emergency responders and the public. This information shall be updated within forty-eight (48) hours of any material change in contact information. 7. A certificate of liability insurance pursuant to the requirements of subsection 9-5.5. 8. Other information that the City may determine is necessary for the enforcement of the provisions of this section. c. A property owner of a building subject to registration shall immediately notify the Department, in writing, of any material change in the status or condition of a vacant building or of information contained in the registration form. When the property is legally occupied, the property owner shall furnish the Enforcement Official an executed lease, deed or other proof of legal occupancy. d. Whenever an enforcement official has reason to believe that a building is vacant and has not been registered as required, the official shall serve the owner of record or authorized agent with a written notice directing the owner to register the building pursuant to this subsection. A property owner shall within fourteen (14) days of service of the notice register the building or file an appeal with the Department. The written notice shall be served in the same manner set forth in subsection 1-9.5. 1. An appeal of a determination to register a property shall be handled in the same manner as an administrative hearing pursuant to Section 1-9. 2. All notices related to the placement of the property in the program and the fee and any additional report submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the placement of the building into the program shall be given the opportunity to testify and to present evidence concerning the penalty. 3. In addition to other criminal and civil remedies available to the City, a property owner who fails to register the property in accordance with subsection (d) of this section shall be subject to an administrative penalty of five hundred ($500.00) dollars for the first violation. They shall be subject to an additional fine of one thousand ($1,000.00) dollars every thirty (30) days the property remains subject to registration but has not been registered. e. A property owner of a building that became vacant prior to the effective date of the ordinance codified in this section shall register the building within fourteen (14) days of the effective date of the ordinance codified in this section. f. The fee for initial registration shall be one hundred ($100.00) dollars plus twelve dollars and fifty cents ($12.50) per month or portion of a month until July 1st. The fee for the first annual renewal and for each year thereafter shall be two hundred and fifty ($250.00) dollars. g. A property owner of a building subject to registration shall provide access to the City to conduct inspections of the property, both interior and exterior, as deemed necessary by the City, following reasonable notice, to determine compliance with this section and any other relevant codes, ordinances of the City or State law. (Ord. #230-2019, S2)

When a vacant building becomes subject to registration, the property owner shall post and maintain a sign that provides the current name and phone number of the owner or agent responsible for the inspection and maintenance of the property. If a notice of default or foreclosure has been recorded for the property, the lender’s name, address and telephone number must also be provided. Signage shall be no smaller than eight and one-half (8 ½") by eleven (11") inches, constructed of and printed with, or contained in, weather-resistant materials. The posting shall be placed in a window adjacent to the entry door or attached to the exterior door. The Department may adopt additional regulations necessary to implement this subsection. (Ord. #230-2019, S2)

The property owner shall maintain liability insurance on vacant buildings subject to registration. A certificate of insurance for each vacant property shall be provided to the City with the initial vacant building registration form, with subsequent renewal applications whenever an insurance policy has expired or when there is a change of insurance carrier. All insurance policies for vacant property shall require notice to the City in the event of cancellation of insurance or a reduction in coverage. The minimum coverage amount shall be one million ($1,000,000.00) dollars of general liability coverage. The City Manager may adjust or waive the coverage amount if less insurance coverage in an amount less than the minimum coverage amount is sufficient to protect the public health, safety, and welfare. (Ord. #230-2019, S2)

Any vacant building subject to registration shall be made secure from trespassers in the following manner: a. All doors and windows of the building shall be in good, working condition and locked. b. All broken doors and windows shall be replaced or shall be covered in a manner acceptable to the Enforcement Official. c. The Enforcement Official, in their discretion, may require securing the property with steel panels, or having all windows and doors installed and a working theft-prevention system with an active account with a third-party security company, or any other reasonable measures to prevent trespassers. d. The Enforcement Official, in his or her discretion, may require the building to have lighting at entrances and exits from dusk until dawn. All entrance/exit lighting must be installed with automatic timers in accordance with any applicable City codes. (Ord. #230-2019, S2)

a. The property owner of vacant building subject to registration shall perform monthly inspections of the building and property to ensure compliance with this section and this Code. Such inspections shall continue until the subject property is no longer subject to the registration requirement and becomes legally occupied. b. The property owner shall submit evidence of the required inspections to the Department within ten (10) days of the inspection date. The required evidence shall include photographs of the property along with a completed inspection form, provided by the Department. 1. The property owner may petition the Department for more infrequent submission of evidence of inspections. Their petition may be granted when, in the discretion of the Enforcement Official based on a review of the petition and Department records, the property is being actively maintained and monitored, as defined in subsection 9-5.8, and has been so for the prior three (3) months. 2. The failure to submit an evidence of inspection shall be a separate offense for each day past the due date the evidence of inspection has not been submitted. c. The property owner may contract with a third party to perform the duties under this subsection, however, the property owner remains strictly liable for the performance of the duties imposed by this section and any violations thereof. (Ord. #230-2019, S2)

a. No person shall permit or allow a commercial building to remain vacant for more than thirty (30) days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that one (1) of the following applies and the property is registered pursuant to this section: 1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation. The building permit must have been issued within one (1) year, unless the Enforcement Official determines the owner needs additional time to complete the repair or rehabilitation. 2. The building and the property on which the building is located complies with this Code, does not contribute to blight, is ready for occupancy and either of the following apply: (a) The building is actively being offered for sale, lease or rent; or (b) The building is actively being maintained and monitored by the owner or the owner’s authorized representative and is being maintained in compliance with this Code and State law. Active maintenance and monitoring shall include, without limitation, all the following: (1) Maintenance of landscaping and plant material in good condition; and

(2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition; and (3) Prompt and regular removal of all exterior trash, debris and graffiti; and (4) Maintenance of the building in continuing compliance with all applicable codes and regulations; and (5) Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution, criminal street gang activity, vandalism, loitering or trespassing. (Ord. #230-2019, S2)

Any vacant building subject to registration under this section that has conditions present at the building, or on the property on which the building is located, that constitute a public nuisance under this Code shall be subject to a monthly monitoring fee and per incident enforcement response fee, to recover the City’s regulatory costs to monitor and respond to the building or property. a. Monitoring Fee. A monitoring fee shall be imposed upon the initial determination that the vacant building constitutes a “continuing public nuisance” under the Code. A property is a “continuing public nuisance” if three (3) administrative citations have been issued for a public nuisance condition on the property under subsection 10-1.6 within a twelve (12) month period of time, and the owner has not abated all conditions constituting a public nuisance at the time of determination. The fee shall thereafter be imposed monthly following imposition of the initial monitoring fee. The fee shall be imposed so long as a public nuisance as defined in this Code exists at the building or premises. The fee shall be applicable even in the absence of any action, administrative or otherwise, by the City pursuant to any other provision of this Code. The monitoring fee shall be two hundred ($200.00) dollars per month. b. Response Fee. A response fee shall be imposed when the Enforcement Official responds to a vacant building subject to registration, determines a code violation exists and issues an administrative citation. The response fee may only be assessed once per day, per property. If the administrative citation is dismissed on appeal, the response fee shall also be dismissed. The response fee shall initially be set at fifty ($50.00) dollars. A fee imposed pursuant to this subsection may be appealed and collected in the same manner as an administrative violation through the administrative citation process set forth in Section 1-9. (Ord. #230-2019, S2)

a. No person shall erect, install, place or maintain boards over the doors, windows or other openings of any commercial building or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within ten (10) days of application, completing all steps necessary to the issuance of a boarding permit and thereafter having a valid and current boarding permit. b. The Enforcement Official shall issue a boarding permit required by subsection (a) of this section upon the submission of a written application by the owner of the property or his/her authorized representative or contractor, upon the payment of the required fee and confirmation through inspection by the Enforcement Official that the boarding or other method of securing the building or structure has been done in compliance with subsection 9-5.11. c. A boarding permit issued pursuant to this subsection shall authorize the boarding or other securing of a commercial or residential building or structure for a period no greater than thirty (30) days unless all the following requirements are met: 1. The boarding has been done in full compliance with this subsection; and 2. The owner or his or her authorized representative has submitted an extension request in writing within ten (10) days of the expiration of the original permit with the required fee; and 3. The owner has complied with all prior orders and notices regarding the property; and 4. The owner simultaneously submits a detailed plan and timeline for correction, repair or rehabilitation of the property or a detailed plan for the sale of the property to another person, with a provision in the sale for the correction, repair or rehabilitation of the property. d. A boarding permit for a building or structure may not be extended beyond a six (6) month period nor may a new application for the same property be accepted by the Enforcement Official within one (1) year of the date of expiration of the prior permit, except upon the submission of a written application by the owner of the property or his/her authorized representative or contractor, upon the payment of the required fee, upon the confirmation through inspection by the Enforcement Official that the boarding or other method of securing the building or structure has been done in compliance with this section and upon demonstration that “good cause” for the renewal exists. 1. “Good cause” shall require a factual showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner’s control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property; and 2. In addition, where appropriate, “good cause” shall also require a factual showing by the owner that he/ she has exercised reasonable and due diligence in attempting to complete the needed repairs, rehabilitations or corrections or in attempting to sell, rent or lease the property. If the Enforcement Official determines that there exists good cause to renew the permit and that all other conditions are met, the permit may be renewed by the Enforcement Official for a period of up to, but not more than, an additional three (3) months, subject to all the same conditions imposed on the original permit.

e. The fees for a boarding permit, including the renewal or extension thereof, shall initially be set at one hundred fifty ($150.00) dollars. The fee includes one (1) inspection by an Enforcement Official. Additional inspections to correct deficiencies identified at the initial inspection shall incur a reinspection fee. (Ord. #230-2019, S2)

a. The boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the following minimum standards at all times: 1. Securing by Boarding. (a) Windows. Windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of three-fourths (3/4") inch or its equivalent. Vent holes may be required, as deemed necessary by the Enforcement Official. The plywood shall be secured in place by two (2") by four (4") inch or four (4") by four (4") inch cross members, secured to the plywood by three-eighths (3/8") inch plated carriage bolts with large washers at each end and with the cross member turned so that the carriage bolt goes through the larger dimension. Bolts used to secure the cross member shall be threaded to the correct length. A minimum of two (2) cross members shall be used on each window and, depending on the size of the opening, additional cross members may be required. Each cross member shall be a continuous piece of lumber, and each must extend at least one (1) foot past the window opening in each direction. Bolts and nuts used to secure the cross members to the plywood must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood and not give a purchase for pliers or pry bars. (b) Exterior Doors. Exterior doors shall be boarded with exterior grade plywood of a minimum thickness of three-fourths (3/4") inch or its equivalent fitted to the entry door jamb with maximum one-eighth (1/ 8") inch clearance each edge. The existing door should be removed and stored inside the building. The plywood shall be attached to three (3) horizontal two (2") by four (4") inch wooden crossbars with two (2) each three-eighths (3/8") inch carriage bolts and matching hardware. The plywood shall be attached to the door entry with three (3) case-hardened strap hinges of the type specified by the Enforcement Official and the plywood shall be secured by a case-hardened steel hasp and minimum two (2") inch case-hardened padlock also of the type specified by the Enforcement Official. (c) Painting of Boarded Openings. All boarded openings shall be painted with a minimum of one (1) coat of exterior paint which is of a dark gray or similar earthy color or a color compatible with the exterior color of the building or structure. 2. Alternative Methods of Securing a Building. Upon application for a boarding permit, the Enforcement Official may approve alternative methods of securing a vacant and unoccupied building or structure. In making the determination to approve any alternative method, the Enforcement Official shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate and long-term security against the unauthorized entry to the property. b. Additional Requirements. In connection with the boarding of the doors, windows or other openings of any building or structure or any means of securing such openings the owner shall also comply with all of the following requirements: 1. All utility service to the building or structure shall be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the Enforcement Official as to the electric utility service, if electricity is needed to power exterior security lighting, an alarm system or equipment to be used in connection with rehabilitation of the building or structure for which there is an active and current building permit, and as to any other utility service where in the discretion of the Enforcement Official it is appropriate for the service to remain; and 2. The sewer shall be capped in a manner approved by the Enforcement Official to prevent the accumulation of methane gas in the building or structure; and 3. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid wastes, and personal possessions shall be removed from the interior of the building, to eliminate any fire or health hazard and prevent hindrance to firefighting equipment, law enforcement or other personnel who may enter the building during the period of vacancy. (Ord. #230-2019, S2)

Notwithstanding the provisions of this section, the City shall retain the right afforded under relevant State or local law to declare a noncompliant vacant structure unsafe and/or a public nuisance. The City may pursue whatever legal recourse afforded to it by law, including, but not limited to, action to abate a public nuisance or an action seeking the demolition of a dangerous and unsafe building. (Ord. #230-2019, S2)

a. Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this section or this Code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. This section imposes strict liability upon the owners of real property for all violations of this code that exist on their real property; regardless of a violator’s intent or knowledge. b. A vacant building subject to registration and not maintained in accordance with the provisions of this section is hereby declared to be a public nuisance, subject to abatement, including, without limitation, by rehabilitation, demolition or repair. The procedures for abatement shall not be exclusive and shall not in any manner limit or restrict the City from abating public nuisances in any other manner authorized by law.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code. c. The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under this Code or State law. The imposition of a fee or fine under this section shall not preclude the Enforcement Official from seeking all other remedial penalties available under this Code. d. The City’s failure to provide notices within any time specified does not constitute waiver by the City of the provisions of this chapter. (Ord. #230-2019, S2)

The fees set forth in this section are initial amounts and are subject to revision by (1) resolution of the City Council or (2) inclusion in the City’s master fee schedule. The fines set forth are subject to revision by resolution of the City Council. (Ord. #230-2019, S2)

10-1 10-1.1 10-1.2 10-1.3 10-1.4 10-1.5 10-1.6 10-1.7 10-1.8 10-1.9 10-1.10 10-1.11 10-1.12 10-2 10-2.1 10-2.2 10-2.3 10-2.4 10-2.5 10-2.6 10-2.7 10-2.8 10-2.9 10-3 10-3.1 10-3.2 10-3.3 10-3.4 10-3.5 10-3.6 10-3.7 10-4 10-5