Coachella Municipal Code Ch. 8.64 Vacant Property Registration

The purpose of this chapter is to promote the health, safety, and general welfare of the residents, workers, visitors, owners, and proprietors of the City of Coachella and the economic stability and viability of businesses, industries, and neighborhoods in the city by requiring the registration and monitoring of vacant buildings and structures. This program will protect and preserve the livability, appearance, and social fabric of the city and will also protect the public from health and safety hazards and the impairment of property values resulting from the neglect and deterioration of real property and improvements.

(Ord. No. 1035, § 1, 1-11-12)

Certain words and phrases in this chapter are defined, when used herein, as follows:

(a) "Agreement" means any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange.

(b) "Buyer" means any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property pursuant to an "agreement" as that term is defined herein.

(c) "Days" means calendar days.

(d) "Director" means the city manager for the City of Coachella or his or her designee.

(e) "Enforcement official" means the city manager, the building official, code enforcement officer, the chief of police and/or any employee or agent of the city designated and/or charged with enforcing this code, including, but not limited to, applicable codes adopted by reference therein.

(f) "Evidence of vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property 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 residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

(g) "Local" means within forty (40) driving miles of the building, structure or real property in question.

(h) "Neighborhood standard" means the condition of real property that prevails in and through the neighborhood where a vacant building, structure or real property is located. When determining the neighborhood standard no vacant building, structure or real property shall be considered.

(i) "Out of area" means in excess of forty (40) road or driving miles of the subject property.

(j) "Owner" means any person or persons in whom is vested the ownership or title of real property including, but not limited to, the holder of fee simple title, the holder of a life estate, the holder of a leasehold estate for an initial term of five years or more, the buyer in a contract for deed, a mortgagee, receiver, executor, or trustee in control of real property, and/or the named grantee in the last recorded deed.

(k) "Person" means any individual, corporation, organization, partnership, association, governmental entity or any other legal entity.

(l) "Property" means any unimproved or improved real property, or portion thereof, including, but not limited to, buildings or structures located on said real property, regardless of condition.

(m) "Securing" means such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, repairing fences and walls, chaining or padlocking gates, the repairing or boarding doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development.

(n) "Vacant" means any property that is unoccupied or occupied by a person without a legal right of occupancy.

(Ord. No. 1035, § 1, 1-11-12)

(a) As of the effective date of this chapter, the director may evaluate all properties in the city he or she believes to be unoccupied and make a determination for each as to whether the property is a vacant property within the meaning of Section 8.64.020 of this chapter. Each determination shall be in writing and shall state the factual basis for the determination. For properties the director determines to be vacant properties, he or she may send notice of his or her written determination with the factual findings to the owner of the vacant property.

(b) Said notice may be served by either personal delivery to the owner or by certified mail, postage prepaid, return receipt requested. The failure of any such person to receive a copy of the notice shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and retained by the citing officer.

(c) The notice shall specify a date and time on which the owner shall allow for a code compliance inspection of the interior of the vacant property to determine the extent of compliance with city property, building codes, health, fire, water and sewer codes. The owner shall pay the required inspection fee to the city within thirty (30) days of the inspection. An unpaid fee shall be a lien upon the premises.

(d) The notice shall contain a statement of the obligations of the owner of a property determined to be a vacant property, a copy of the registration form the owner is required to file pursuant to Section 8.64.040 of this chapter, and a notice of the owner's right to appeal the director's determination.

(Ord. No. 1035, § 1, 1-11-12)

(a) The owner of a property who knows, or from all the facts and circumstances should know, that his or her property is or has become a vacant property within the meaning of this chapter after the effective date of this chapter or the owner of a property, which the director determines at any time to be a vacant property, or the owner of a property whose appeal from the director's determination has been denied by the city manager shall register his or her property as provided for in this section within ten (10) days after the date:

(1) The owner purchased the property;

(2) The owner knew or should have known that his or her property was a vacant property;

(3) Of the director's notice of determination that the property was a vacant property; or

(4) The appeal was denied, whichever is applicable.

(b) Registration pursuant to this section does not exonerate the owner from compliance with all applicable codes and ordinances, including this chapter, nor does it preclude any of the actions the city is authorized to take pursuant to this chapter or elsewhere in this code. The owner must register the property with the Coachella code enforcement department on specified forms.

(c) The owner must register the vacant property with the Coachella code enforcement department pursuant to subsection (a) on specified forms which shall contain the identity of the owner, the direct mailing address of the owner and, in the case of a corporate or out of area owner, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.

(d) Registration pursuant to subsection (a) of this section shall be renewed annually.

(e) The annual registration fee, adopted in conformance with section 8.64.040, shall accompany the submission of each registration form. The fee and registration shall be valid for one year from the date of registration. Registration fees will not be prorated.

(f) Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant.

(g) Any person that has registered a property under this chapter must make a written report to the Coachella code enforcement department of any change of information contained in the registration within ten (10) days of the change.

(h) If there are multiple owners of a property subject to this chapter, the duties and obligations specified in this section shall be joint and several among and between all owners and their respective agents.

(Ord. No. 1035, § 1, 1-11-12)

It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 8.64.040, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in Section 8.64.040 are adopted.

(a) Any property subject to this section must comply with the requirements of Title 3 of this code.

(b) In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is vacant.

(c) The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.

(d) Visible front and side yards shall be landscaped and maintained to the neighborhood standard.

(e) Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

(f) Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.

(g) Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

(h) Adherence to this section does not relieve the property owner of obligations set forth in any covenants, conditions and restrictions and/or home owners' association rules and regulations which may apply to the property.

(i) If there are multiple owners of a property subject to this chapter, the duties and obligations specified in this section shall be joint and several among and between all owners and their respective agents.

The sole exception to these maintenance requirements shall, within the sole reasonable discretion of a duly authorized enforcement official, apply to property subject to the registration requirement contained in Section 8.64.040 that is under construction and/or repair, not less than three business days per week, undertaken in compliance with all applicable law including, but not limited to, city permitting requirements.

(Ord. No. 1035, § 1, 1-11-12)

A. Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Generally, "secure manner" means boarding unsecure windows, doors, and other openings with sheeting material in accordance with this section. As used herein, "sheeting material" or "sheeting" means a minimum of .20-inch thick clear or semi-clear shatter-proof polycarbonate material with a strength capable of sustaining impact without breaking or shattering, absent excessive force. For example, such polycarbonate material shall be capable of sustaining a human propelled brick without breaking or shattering. Examples of such sheeting strength yields would include strength yields equal or greater than American Society for Testing and Materials (ASDM) D638 Tensile Strength, Yield value of eight thousand (8000) psi. Sheeting shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. Unless otherwise granted a variance by the building authority from strict compliance herewith, materials such as particle board, wafer board, Masonite or other similar material shall not be used for boarding up property.

C. Boarding Standard—Windows.

1. Internal Compression Method. Windows with broken, missing, or removed glass, or that are otherwise unsecure, shall be boarded as follows:

a. All remaining broken glass shall be removed from the window opening including damaged frames as to provide a clean opening;

b. The sheeting material shall be cut to match the dimensions of the inside of the window casing so that when installed, the sheeting will fit tightly and not permit a tool to be placed behind it;

c. A ½-inch hole shall be drilled into each of the four corners of the sheeting material. The holes shall be positioned so they are no more than 1-inch from the window frame at the width and no more than six inches from the window sill and top frame;

d. Two solid continuous composite cross-beams shall be cut in sufficient length to be no less than eight inches longer than the horizontal width of the interior window casing. Each cross-beam shall be predrilled with 7/16 -inch holes that are positioned to match the horizontal pattern of the holes in the sheeting;

e. The sheeting shall be secured in place over the exterior of the window opening by placing a ⅜-inch corrosion resistant, smooth-head carriage bolt through each of the holes in the sheeting and then placing one washer onto each of the carriage bolts; the cross-beams shall then be aligned and affixed to such carriage bolts from the interior of the window opening. Another nut and washer shall be placed onto each of the carriage bolts and tightened with a ratchet to achieve sufficient torque and a slight deflection in the cross-beams so that the nuts cannot be loosened by hand. Once secured, no space shall exist between the sheeting and the exterior window casing.

2. Exterior Screw Method. Fixed or inoperable windows with intact glass; or windows in which the internal compression method is impractical shall be secured as follows:

A. The sheeting material shall be cut to match the dimensions of the inside of the window casing so that when installed, the sheeting will fit tightly and not permit a tool to be placed behind it;

B. Drill and countersink holes shall be made along the perimeter of the sheeting material starting with a hole at each of the four corners and adding additional holes at 10-inch increments around the perimeter of the sheeting. Minimum length 2-inch corrosion resistant security head screws shall be used in each hole to affix the sheeting to the window frame or exterior casing.

C. In the event the sheeting cannot be secured by cutting the sheeting material so as to neatly fit the inside window casing, the sheeting shall be placed over the exterior window casing such that the sheeting material covers the entire window casing and extends beyond the window casing at least eight inches on center. The sheeting material shall be secured with minimum length 2-inch corrosion resistant security head screws secured at the corners, and along the sheeting outer edges in 10-inch spaced increments as described in subsection a. above.

3. Variance. If circumstances make the foregoing methods of installation impractical such as due to excessive frame, door and wall damage, or windows that are in an arc encasing or other unusual inset or characteristic the window or opening shall still be installed with the sheeting, but may be affixed and secured in any manner approved by the building authority as to achieve substantial compliance with this chapter.

D. Boarding Standard—Unsecure Doors; Sliding or Other Doors.

1. Exterior Access Door. At least one exterior door shall allow authorized persons access to the interior of the property. Such exterior access door may be secured by: (a) using a solid core wood or steel door with no windows or other openings in the door; (b) or hinged sheeting material. The door shall be securely locked using a padlock and hasp assembly that is bolted through the door or sheeting material. The lock loop portion of the hasp shall be attached to the door frame using a minimum of 3-inch long security screws.

2. Sliding Glass Doors and Other Exterior Doors. Sliding glass doors or exterior doors other than the exterior access door shall be secured in the same manner as described in Section 8.64.060(C).

E. If the property is owned by a corporation and/or out of area owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

F. If the property is subject to subsection (E), the property shall be posted with the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ____________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."

G. If the property is subject to subsection (E), the posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

H. If the property is subject to subsection (E), the local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

I. If there are multiple owners of a property subject to this chapter, the duties and obligations specified in this section shall be joint and several among and between all owners and their respective agents.

(Ord. No. 1035, § 1, 1-11-12; Ord. No. 1092, § 3, 9-14-16)

In addition to the enforcement remedies established in this chapter, the city shall have the authority to require the owner of any property affected by this chapter, to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to secure and reduce the visual decline of the property.

(Ord. No. 1035, § 1, 1-11-12)

The fee for registering and re-registering a vacant property shall be set, from time to time, by resolution of the city council. The amount of the fee charges shall not exceed the cost of administering the provisions of this chapter.

(Ord. No. 1035, § 1, 1-11-12)

(a) The owner of a vacant property shall comply fully and in all instances with the provisions of this chapter and with all other applicable requirements of ordinances of the city, regulations of this code, statutes of the State and United States Code of Regulations, and decisions, rulings, and orders of courts of competent jurisdiction.

(b) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent.

(c) Any person that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 8.64.040, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this code.

(d) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to this code. Above and beyond the violation and penalty specified in this section, the city attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by this code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to Title 3 of this code.

(e) In the event the city issues an administration citation pursuant to Title 3 of this code to a party for violating this chapter, the subject party shall be responsible for payment of the following administrative penalties:

(1) A party issued an administration citation for the first time shall pay an administrative citation of two hundred fifty dollars ($250.00);

(2) A party issued an administration citation for the second time shall pay an administrative citation of five hundred dollars ($500.00);

(3) A party issued an administrative citation for the third time shall pay an administrative citation of one thousand dollars ($1,000.00).

(Ord. No. 1035, § 1, 1-11-12)

Any person aggrieved by any of the requirements of this chapter may appeal a determination made hereunder in the manner specified with respect to appeals under the Coachella Municipal Code, including, but not limited to, Title 3 of this code.

(Ord. No. 1035, § 1, 1-11-12)