Chapter 8.40 — VACANT COMMERCIAL PROPERTY REGULATIONS

The purpose of this chapter is to address the negative impacts of vacant commercial properties in Cloverdale, including blight, decreased property values, reduced economic activity, and threats to public safety and welfare. This chapter aims to ensure that vacant properties are properly maintained and utilized to benefit the community. (Ord. 760-2025 § 2 (Exh. A), 2025)

For the purposes of this chapter, the following definitions apply:

"Commercial property" means any property designed, intended, or actually used for any use(s) other than residential. If a property has both residential and nonresidential uses, the nonresidential portions of the property shall qualify as commercial property for the purposes of this chapter.

"Maintenance" means actions necessary to ensure that a property is free from blight, hazards, and deterioration, including but not limited to landscaping, structural repairs, and security measures.

"Owner" means any person, entity, or organization that holds title to a property by the latest property tax assessment rolls maintained by the Sonoma County assessor 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 city by virtue of more recent and reliable information, including any beneficiary that is pursuing foreclosure of a property subject to this chapter 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.

"Vacant property" means any commercial property that is unoccupied or illegally occupied for more than ninety consecutive days. Vacant property shall include property made vacant by voluntary action, fire or other damage, or as a result of enforcement action by the city. Vacant property shall not include vacant lots or vacant buildings for which construction on the property is proceeding diligently to completion with active building permits and shall not include property owned by a governmental entity. If a property contains multiple separate legal units, the property shall be considered vacant if a majority of the commercial units are vacant. (Ord. 760-2025 § 2 (Exh. A), 2025)

• A. Registration Requirement. Owners of vacant properties must register their property with the city of Cloverdale within thirty days of the property becoming vacant. The registration shall be on a form approved by the city manager, which shall include the following:

  1. The name and address of each owner, responsible party, and property management company that is responsible for any security, maintenance, marketing, or sales or rentals of the vacant building;

  2. The name and contact information of an individual available and able to respond to issues at the vacant property within twenty-four hours of notification by the city; and

  3. Such other information as required by the city manager.

• B. Registration Fee. A registration fee, as determined by the city council, must be paid at the time of registration, and upon annual renewal. This fee is to cover the administrative costs of monitoring and inspecting vacant properties.

• C. Annual Renewal. The registration must be renewed annually if the property remains vacant.

• D. Procedure. The annual fee shall be billed to the owner of the property and mailed to the owner as such owner's name and address appear on the last assessment roll of the county assessor.

• E. Waiver. The registration fee shall be waived by the city manager upon a showing by the owner that:

  1. The owner has obtained a building permit, or if such a permit is not required, is progressing diligently to prepare the premises for occupancy;

  2. The vacant property meets all applicable codes and is actively being offered for sale, lease, or rent; or

  3. Imposition of the fee would impose a substantial economic hardship on the owner and would hinder the rehabilitation of the vacant property.

Any owner billed may apply for a waiver on the grounds set forth in this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the city manager within thirty days after the billing is mailed to the owner. The city manager, or their designee, shall review the written statement and may contact the owner to discuss the application for waiver. The city manager shall prepare a written decision which shall be mailed to the owner.

• F. Failure to Pay. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the city manager, or after the decision upon appeal by the owner becomes final, the fee may be recorded as a lien or 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.

• (Ord. 760-2025 § 2 (Exh. A), 2025)

• A. General Maintenance. Owners must maintain vacant properties in accordance with all applicable codes and standards, including but not limited to those in Section 8.02.030. This includes, but is not limited to, keeping the property free of litter; illegal dumping; unauthorized camping and fire-burning; trespassing; graffiti; infestation of rodents, insects, and other pests; overgrown vegetation; and ensuring all structures are weathertight and secure. All vacant properties must have functioning windows and doors, which must be locked at all times. Boarding up of windows and doors may be done as a temporary emergency fix in case the window(s) or door(s) break. However, the owner must replace such boards with functioning window(s) and/or door(s) within ninety days of the break. An owner's failure to secure the property from trespassers is a violation of this chapter.

• B. Security Measures. Owners must implement security measures to prevent unauthorized access and vandalism. This may include fencing, lighting, and securing doors and windows.

• C. Signage. All vacant properties shall also be posted with the name and twenty-four-hour toll-free contact phone number of the owner, or the agent of the owner responsible for the inspection and maintenance of the property. The posting shall be no less than eight and one-half inches by eleven inches and shall contain, along with the name and twenty-fourhour toll-free contact phone number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or similar and "NO TRESPASSING." The posting shall be placed in a window adjacent to the entry door or attached to the exterior of the entry door. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials.

• D. Inspections. The city of Cloverdale has the right to inspect vacant properties to ensure compliance with maintenance and security requirements. Vacant properties shall be inspected by the city no less frequently than once per year.

• (Ord. 760-2025 § 2 (Exh. A), 2025)

• A. Penalties. Owners who fail to comply with the registration, maintenance, security, or other requirements of this chapter, are subject to fines and penalties pursuant to Title 1. A fine for violating this section may be issued administratively in accordance with Chapter 1.14.

• B. Enforcement. The city of Cloverdale may take necessary actions to enforce this chapter, including abatement of nuisances in accordance with this code.

• (Ord. 760-2025 § 2 (Exh. A), 2025)

• A. Right to Appeal. Owners have the right to appeal any decision or action taken by the city under this chapter. Appeals must be filed in writing with the city clerk within fifteen days of the decision or action and must be accompanied by an appeals fee.

• B. Hearing. An appeal hearing will be conducted in accordance with the provisions of Chapter 1.18.

• (Ord. 760-2025 § 2 (Exh. A), 2025)