Clovis Municipal Code Art. 3 Vacant Buildings

Vacant residential, commercial and industrial buildings and all yards surrounding the building must be maintained, actively monitored, and secured in accordance with the following standards or the property will be considered blighted and a nuisance subject to abatement pursuant to the procedures set forth in Chapter 28 of Title 5, and any other available enforcement mechanisms.

“Vacant building” means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, “vacant” shall mean when any one unit is unoccupied or occupied by unauthorized persons.

(a) Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition.

“Park strip” means that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, “park strip” shall mean the area of property from the property line to the edge of the pavement.

For commercial and industrial properties, “acceptable landscaping” means that at least fifty percent (50%) of the nonpaved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live plant materials and the remaining portion of the nonpaved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed.

For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Director of Planning and Development Services or his or her designee.

(b) Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.

(c) Broken windows. Board up broken windows within twenty-four (24) hours and replace broken windows within seventy-two (72) hours, subject to the provisions of subsection (g) of this section.

(d) Trash and debris. Remove all trash and debris within seventy-two (72) hours of their placement or abandonment on the property.

(e) Compliance with laws. Maintain the building in continuing compliance with all applicable State and local codes and regulations and any applicable City issued permits.

(f) Prevention of criminal activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity.

(g) Secure property. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the Director of Planning and Development Services. For purposes of securing the building and grounds, boarding up windows and doors and fully fencing the property shall be a disfavored technique and may only be used when it is determined by the Director that no other reasonable alternative exists. Properly maintained buildings and grounds should discourage trespassers. Alternative security measures are also available. When a building is boarded or the property fenced, the owner shall comply with standards established by the Director.

(h) Graffiti. Remove all graffiti on the property within forty-eight (48) hours of placement on the property.

(§ 1, Ord. 14-02, eff. March 5, 2014)

For vacant properties, the Director of Planning and Development Services or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of a fee as required under this section.

(a) Vacant Building Plan. The Vacant Building Plan shall include the following information and shall be submitted within thirty (30) days of service of the order:

(i) Name and address of person submitting the Vacant Building Plan;

(ii) Name and address of all property owners of the subject property;

(iii) The name and address of a local agent, if the property owner(s) is/are not local, that the Director may contact related to enforcement of this article;

(iv) The expected period of vacancy;

(v) A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the time of submission of the plan;

(vi) If required by the Director, a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Director under the circumstances;

(vii) A plan for actively monitoring, maintaining and securing the property and otherwise complying with this article;

(viii) A letter of written consent by the property owner(s) to the Director to allow City code enforcement inspectors to enter the property for inspections consistent to enforce the provisions of this article;

(ix) Any other information required by the Director in rules and regulations adopted by the Director under this article.

(b) Exception. If the vacant building will be occupied within thirty (30) days of service of the notice, the owner may notify the Director in writing of this fact and the owner will be excused from submitting a Vacant Building Plan.

(c) Vacant Building Plan fee. When a property owner is ordered to submit a Vacant Building Plan by the Director they shall also be required to pay a fee, not to exceed the costs of the City to monitor or inspect the building and to review and approve the Vacant Building Plan. The Director shall have discretion to determine the number of inspections required to monitor the subject building upon submission of the plan, based upon the type and condition of the property, and the history of violations at the subject property. The amount of the fee shall be as follows:

(i) No fee shall be charged for the initial Vacant Building Plan;

(ii) Five hundred and no/100ths dollars ($500.00) for a second Vacant Building Plan;

(iii) Eight hundred and no/100ths dollars ($800.00) for a third Vacant Building Plan;

(iv) One thousand and no/100ths dollars ($1,000.00) for a fourth and subsequent Vacant Building Plan.

(d) Recording. The Vacant Building Plan shall be recorded and indexed in the grantor-grantee index in the Fresno County Recorder’s Office and shall be released by the Director when he or she determines that the property is no longer vacant. Any fees or costs associated with recording the Vacant Building Plan or filing a release from the Vacant Building Plan shall be the responsibility of the property owner and collectible under the cost recovery provisions of this article.

(e) Appeal. An Order to Submit a Vacant Building Plan and/or a decision by the Director rejecting a Vacant Building Plan are appealable in accordance with the procedures set forth in Chapter 28 of Title 5 except that both an Order to Submit a Vacant Building Plan and a rejection of a Vacant Building Plan must be appealed within fifteen (15) days from service of the notice of the order or rejection.

(f) Approved plan. A Vacant Building Plan is enforceable immediately upon notice to the property owner of the approval of the Vacant Building Plan until the Director releases the property from the approved Vacant Building Plan. An approved plan shall be valid for no more than one hundred eighty (180) days from the date of its approval. If a plan expires after one hundred eighty (180) days and the Director has not yet released the property from the approved Vacant Building Plan, the property owner is automatically required to seek approval of a new Vacant Building Plan and pay a fee for that renewal as set forth in subsection (c) of this section.

(g) Noncompliance. Failure by the property owner to submit a Vacant Building Plan or comply with a Vacant Building Plan that has been approved by the Director under this section or pay a fee as required under this section is a violation of the Code, subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms.

(h) Transfer of vacant building. The transferee of a vacant building is subject to the requirements of this section. If the property is subject to a Vacant Building Plan and the plan has been properly recorded with the County Recorder’s Office, the transferee is subject to the terms of the Vacant Building Plan. The transferee may apply to the Director to be released from the requirements of the Vacant Building Plan. It shall be in the Director’s discretion to grant such an application. The Director’s decision shall be final.

(i) Service. Service of an Order to Submit a Vacant Building Plan, notice of rejection, or approval of a Vacant Building Plan shall be made on the property owner by personal service or first class mail. Where known, a copy may also be provided by email.

(§ 1, Ord. 14-02, eff. March 5, 2014)

(a) Scope of section. This section shall apply to all vacant properties in the City of Clovis that have come within ownership or control of a trustee or beneficiary as a result of the default of the borrower and/or the foreclosure process. This section shall also apply to properties where the deed of trust was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

(b) Registration of property. Any trustee or beneficiary holding a deed of trust on a property located within the City of Clovis shall inspect the property that is the security for the deed of trust, upon default by the trustor, prior to recording notice of default with the Fresno County Recorder. If the property is found to be vacant, it is deemed to fall within the provisions of this section and shall be registered with the Director of Planning and Development Services or his or her designee within ten (10) days of inspection. If the property is occupied at the time of inspection, it shall be inspected on a monthly basis until (i) the default is remedied by the trustor or other party or (ii) the property is found to be vacant, at which time it shall be registered within ten (10) days.

(c) Registration fee. No fee shall be charged for the registration of property.

(d) Registration process. Registration shall be made in writing to the Director. The trustee or beneficiary shall provide the following information to the Director:

(i) Name, address, and telephone number of the trustee and/or beneficiary;

(ii) Address and assessor’s parcel number of the vacant property;

(iii) Name, address, and telephone number of the property maintenance company responsible for the property, if applicable;

(iv) Name, address, and telephone number of all known lien holders and/or individuals with ownership interest or other legal interest in the property;

(v) If no trustee or beneficiary resides within the County of Fresno, the name, address, and phone number of a party residing within the County of Fresno who shall be designated as the local responsible party or agent for the purposes of notification in the event of an emergency affecting the public health, safety, or welfare and for purposes of service of process or any notices associated with registration of the property;

(vi) Provide express authorization for City employees to enter the property for the purpose of ensuring compliance with this article. The primary purpose of this authorization is to provide consent for City employees to access the exterior of the property to inspect and/or abate. City employees will not enter the interior of the structure unless the health, safety and/or welfare of the public is at risk.

(e) Duration of registration. Registration of a property shall be valid for one year from the date of registering with the Director. The trustee and/or beneficiary shall renew the registration of the property annually prior to the expiration of the current registration.

(f) Maintenance requirements. Properties registered pursuant to this section shall be maintained in accordance with the requirements of this article.

(g) Posting. The property shall be posted with a sign indicating the name and a twenty-four (24) hour telephone number for the trustee/beneficiary or property management company responsible for maintenance and security of the property. The sign shall read substantially as follows: “This property is managed by [ ]. To report problems or concerns call [ ].” The sign shall be visible from the street and located at the front of the property. The sign shall be placed on the interior of a window, affixed to the exterior of the structure, or on a stake placed in the front yard. Exterior posting shall be constructed on and printed with weather resistant material.

(h) Enforcement. Failure to comply with the provisions of this section is a violation of the Municipal Code and subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms.

(§ 1, Ord. 14-02, eff. March 5, 2014)