Contra Costa County Municipal Code Ch. 720-6 Regulation of Vacant Property

This chapter is known as the Vacant Property Ordinance of Contra Costa County.

(Ord. 2002-46 § 3).

The board of supervisors finds and declares that vacant property can attract vagrants, gang members and criminals and can be a prime location to conduct illegal activities; that vacant property can be a blight and cause deterioration and instability in neighborhoods; that vacant property can invite the accumulation of garbage, trash, discarded vehicles or boats, weeds, and other nuisance conditions; and that vacant property can pose a serious threat to the public's health and safety and therefore constitute a public nuisance.

(Ord. 2002-46 § 3).

The purpose of this ordinance is to identify vacant properties where nuisance conditions frequently occur and to require the proper securing of those properties to prevent additional nuisance conditions from occurring on the property.

(Ord. 2002-46 § 3).

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "County Building Official" means the director of the building inspection department or his or her designated representative who is authorized and directed to enforce this chapter.

(b) "Nuisance condition" is one or more of the following conditions occurring on a vacant property:

(1) Substantial amounts of trash, debris, rubbish, or garbage;

(2) Discarded vehicles or boats, discarded trailers, vehicle or boat parts, vehicle or boat hulks, or other articles of personal property that are abandoned or left in a state of partial construction or repair;

(3) Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;

(4) Shopping carts, discarded household equipment, or broken or discarded furniture;

(5) Weeds over eighteen inches in height;

(6) Any other similar nuisance condition.

(c) "Owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, "owner" refers to each entity holding any portion of the fee interest in the property, and the owners' obligations in this chapter are joint and several as to each owner.

(d) "Vacant Property" means any property that is unimproved and includes unimproved tracts, lots, easements, or parcels of land.

(Ord. 2002-46 § 3).

This chapter applies to all property in the unincorporated areas of the county where any of the nuisance conditions specified in this chapter exist or where a substandard building has been abated in accordance with Chapter 14-6 or Division 712 of this code or the State Housing Law.

(Ord. 2002-46 § 3).

Article 720-6.4. Standards

Every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of the standards listed in this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property.

(Ord. 2002-46 § 3).

(a) No owner shall maintain or allow the maintenance of vacant property in such a manner that any nuisance condition exists on the vacant property.

(b) If a notice and order to abate has been transmitted to an owner, the vacant property must remain secured in accordance with Article 720-6.6.

(Ord. 2002-46 § 3).

Any vacant property that must be secured pursuant to Article 720-6.6 shall be secured according to the following specifications and requirements:

(a) A fence that meets the specifications of the building inspection department shall be erected on the vacant property;

(b) One or more metal signs must be posted on the fence and must contain the following information:

DO NOT ENTER. It is illegal to enter or occupy this property or to remove or deface this notice. Trespassers will be prosecuted. (Contra Costa County Ordinance Code, California Penal Code).

(c) Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances.

(Ord. 2002-46 § 3).

(a) Entry Prohibited. It is unlawful for any person other than the owner, the county building official, or a designated representative of the county building official, to enter or occupy any vacant property that has been posted pursuant to Section 720-6.406(b), except for a lawful purpose authorized by the owner.

(b) Interference with Notice Prohibited. It is unlawful for any person to remove or deface any notice posted pursuant to Section 720-6.406(b).

(Ord. 2002-46 § 3).

Article 720-6.6. Enforcement

The county building official is authorized to administer and enforce this chapter. The county building official may promulgate rules and procedures implementing this chapter.

(Ord. 2002-46 § 3).

To the extent allowed by law, whenever necessary to enforce any provision of this chapter, the county building official, or his or her designated representative, may inspect any vacant property to determine whether it complies with applicable provisions and requirements of this code or of statutes or regulations enforced by the county building official or to enter for the purpose of abatement as provided in Chapter 14-6 of this code.

(Ord. 2002-46 § 3).

(a) If the county building official determines that any nuisance condition exists on a vacant property, the county building official may transmit a notice to comply to the owner by first class mail or by personal service by an authorized representative of the county building official, in accordance with Section 14-2.406.

(b) The owner must remove or remedy the nuisance condition specified on the notice to comply within the time specified in the notice to comply.

(c) The notice to comply will contain the following information:

(1) The street address and such other description as is required to identify the property;

(2) A statement of the nuisance condition existing on the vacant property;

(3) An order that the owner remove or remedy the nuisance condition within ten days of the date of the notice to comply;

(4) A statement that if the nuisance condition is not removed within the time specified, the county may issue a notice and order to abate ordering the securing of the vacant property;

(5) A statement that the owner has the right to submit in writing, any information relating to a determination of the existence of a violation. If the county building official determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation.

(Ord. 2002-46 § 3).

(a) The county building official may transmit a notice and order to abate to the owner by certified mail and posting as set forth in Section 14-6.412, or by personal service by an authorized representative of the county building official, if either of the following occur:

(1) The nuisance condition specified in the notice to comply has not been removed or remedied within the time specified;

(2) Any nuisance condition occurs or reoccurs on the vacant property within twelve months of the date of the notice to comply.

(b) The owner must remove or remedy the nuisance condition specified in the notice and order to abate and secure the vacant property in accordance with the standards listed in Section 720-6.406 within ten days of the transmittal date of the notice and order to abate or within a reasonable time specified by the county building official.

(c) The notice and order to abate will be in substantially the same form as indicated in Section 14-6.410 and will contain the following information:

(1) The street address and such other description as is required to identify the property;

(2) A statement that the nuisance condition specified in the notice to comply has not been removed or remedied within the time specified, or that a nuisance condition has occurred or reoccurred on the vacant property within twelve months of the date of the notice to comply;

(3) An order that the owner remove or remedy the nuisance condition and secure the vacant property within the time specified in the notice and order to abate;

(4) A statement that, if the vacant property is not secured in accordance with the standards listed in Section 720-6.406 within the time specified, the county may seek compliance with any remedy allowed by this code and any other remedy allowed by law. The statement will inform the owner that the county may secure the vacant property and recover all costs, including the cost of the fence, from the owner;

(5) A statement that the owner has the right to appeal in accordance with Section 14-6.414.

(d) If more than twelve months have passed from the date of the first notice to comply and no notice and order to abate has been issued, no notice and order to abate will be issued until after another notice to comply has been issued in accordance with Section 720-6.606.

(Ord. 2002-46 § 3).

(a) If, after a notice and order to abate, a property owner fails to correct the violation in the manner and within the time specified in the notice and order to abate, the county may seek compliance by any remedy allowed under this code, including, but not limited to, securing of the vacant property (Section 720-6.612), infraction prosecution (Chapter 14-8), administrative penalties (Chapter 14-12), abatement (Chapter 14-6), and any other remedy allowed by law.

(b) If a nuisance condition occurs on a secured vacant property, the county may seek compliance by any remedy allowed under this code, including, but not limited to, infraction prosecution (Chapter 14-8), administrative penalties (Chapter 14-12), abatement (Chapter 14-6), and any other remedy allowed by law.

(Ord. 2002-46 § 3).

(a) After issuing a notice and order to abate, the county building official may secure the vacant property and recover costs as provided for in Article 720-6.8 if the owner does any of the following:

(1) Fails to erect a fence in the manner and within the time specified in the notice and order to abate;

(2) Fails to erect a fence that meets the specifications of Section 720-6.406;

(3) Fails to maintain a fence in accordance with the provisions of Section 720-6.406.

(b) If a notice and order to abate a substandard building in accordance with Chapter 14-6, Division 712, or the State Housing Law includes an order to secure the property with a fence that meets the specifications of the building inspection department, the county building official may secure the vacant property and recover costs as provided for in Article 720-6.8 after abating the substandard building.

(c) If a vacant property previously secured by the owner or county building official again becomes unsecured within twenty-four months of any previous securing, the county building official may resecure the vacant property and recover costs as provided for in Article 720-6.8. When resecuring a vacant property within twenty-four months of any previous securing, the county building official is not required to transmit a notice and order to abate before resecuring the vacant property.

(d) After securing or resecuring vacant property, the county building official will transmit a notice to the owner of the vacant property. The notice will be transmitted to the owner by certified mail and posting as set forth in Section 14-6.412 or by personal service by an authorized representative of the county building official. The notice will inform the owner that the vacant property must be maintained in a condition that complies with this chapter.

(e) If more than twenty-four months have passed from the date of a previous securing of a vacant property by the owner or county building official, the county building official will not secure or resecure the vacant property until after a notice to comply and notice and order to abate have been issued in accordance with this article.

(Ord. 2002-46 § 3).

The failure of a person to receive a properly addressed notice shall not affect the validity of the proceedings.

(Ord. 2002-46 § 3).

The county building official may periodically reinspect vacant properties to ensure compliance with this chapter and all applicable court and administrative orders.

(Ord. 2002-46 § 3).

Nothing in this chapter prohibits the summary abatement of a nuisance pursuant to the procedures set forth in Section 14-6.406 of this code.

(Ord. 2002-46 § 3).

The property owner may appeal any determination of the county building official made pursuant to this chapter in the time allowed and in the manner prescribed in Chapter 14-4 of this code.

(Ord. 2002-46 § 3).

Article 720-6.8. Costs and Fees

(a) Abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien in accordance with Chapter 14-6 of this code. Abatement costs include the cost of materials including the fence, the cost to perform the actual work, and all administrative costs.

(b) Summary abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien in accordance with Chapter 14-6 of this code. Summary abatement costs include the cost of materials including the fence, the cost to perform the actual work, and all administrative costs.

(Ord. 2002-46 § 3).

The fee for any reinspection shall be an amount established by the board of supervisors in the building inspection department's fee schedule adopted pursuant to Section 74-3.107 of this code.

(Ord. 2002-46 § 3).