Corte Madera Municipal Code Ch. 15.60 Vacant Buildings

This chapter shall be known as the "Code for Regulation of Vacant Buildings," may be cited as such, and will be referred to herein as "this chapter."

(Ord. 793 § 1 (part), 1995)

The town council prefers that vacant buildings be kept in a well-maintained condition so as not to appear unoccupied. However, when a property owner fails to maintain properly an unoccupied building and when vacancy attracts vandalism and safety hazards, the town council desires to have a procedure to ensure that these undesirable conditions can be rectified.

The town council finds, determines and declares: that any building which remains vacant and unoccupied can become an attractive nuisance to children, a harborage for rodents, an invitation to persons as a temporary abode and an increased fire hazard; that unkept and unsecured grounds surrounding such buildings encourage the dumping of garbage, trash, and other debris thereon; that such buildings create a blight in the town, depress market values of surrounding properties, thereby reducing tax revenues, create a need for additional governmental services, significantly interfere with the use and enjoyment of neighboring properties; such buildings further create an unhealthy and unsafe condition which affects the public, constituting an unreasonable use of property and a public nuisance as defined by this chapter.

Protection of the public health, safety and welfare requires the establishment and enforcement of the means by which such nuisance conditions may be prevented and abated.

(Ord. 793 § 1 (part), 1995)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(1) "Building" means any structure having a roof supported by columns or walls, designed or used for the housing or enclosure of persons, animals, automobiles or personal property of any kind. A structure can be residential or nonresidential, such as commercial, industrial, office or warehouse.

(2) "Building official" means the building official of the town of Corte Madera or duly authorized representative.

(3) "Code" means the Corte Madera Municipal Code.

(4) "Owner" means the person or persons, company, firm, or other legal entity identified and listed as having title to the property by the latest property tax assessment rolls maintained by the Marin County Assessor.

(5) "Planning commission" means the planning commission of the town of Corte Madera.

(6) "Property" means any real property interest or estate which may be granted or devised by deed. The word "property" includes: tracts, lots, easements or parcels of land and any and all improvements thereon.

(7) "Town council" means the town council of the town of Corte Madera.

(8) "Vacant and unoccupied buildings" means any building or other structure which is either empty, unoccupied or used and occupied by anyone without the property owner's express permission to conduct lawful activity on the property on which such building or structure is located.

(Ord. 793 § 1 (part), 1995)

(a) The provisions of this chapter shall apply generally to all property throughout the town whereon any of the conditions, hereinafter specified, are found to exist.

(b) This chapter is intended to supplement all of the provisions of this code, state statutory regulations, and any principles in common law or in equity. Nothing in this chapter shall be read, interpreted or construed in any manner so as to limit any existing rights, powers or authority of the town to abate any and all nuisances.

(Ord. 793 § 1 (part), 1995)

The building official is authorized, empowered and directed to use the provisions of this chapter to abate any condition defined by this chapter as a public nuisance.

(Ord. 793 § 1 (part), 1995)

To the extent authorized by law, whenever necessary to enforce any provisions of this chapter or whenever the building official has reasonable cause to believe that there exists on any property any condition(s) which is in violation of this chapter, the building official may enter such property at a reasonable time to inspect and/or abate said violation(s).

(Ord. 793 § 1 (part), 1995)

Every owner of real property within the town is required to maintain such property in a manner so as not to violate the provisions of this chapter. Every owner remains liable for the conditions of the property and any violations on the property, notwithstanding any contractual relations with other persons or other third parties regarding the property.

(Ord. 793 § 1 (part), 1995)

(a) In addition to the remedies and penalties available through this chapter, other sections of the code, or laws, statutes or provisions, any person, firm or corporation who violates the provisions of this chapter and any owner, as defined by this chapter, who knowingly allows third persons to violate this chapter, shall be guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in California Government Code Chapter 36900. Exception: In the discretion of the town attorney, a violation may be charged as a misdemeanor, punishable by fines of up to one thousand dollars and imprisonment of up to six months, or both, subject to the conditions and requirements of Section 1.04.010 of this code.

(b) In addition to all other remedies and penalties available through this chapter, other sections of this code, or other laws, statutes or provisions, any violation of this chapter may be enforced by an injunction issued from the Superior Court. In any such action, civil penalties may be brought and attorney's fees sought by the town, as specified in Section 1.04.030 of this code.

(c) In addition to all other remedies and penalties available through this chapter, any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including those that have been adopted by reference herein, shall be subject to administrative citation and fines as set forth in Chapter 9.05 of Title 9 of this code.

(Ord. 793 § 1 (part), 1995; Ord. No. 1007, § 20, 6-15-2021)

It is unlawful and a public nuisance for any owner as defined in this chapter of real property in this town to maintain or to permit any one or more of the following conditions to exist on the property: any vacant and unoccupied building whose doors, windows or other openings are broken or missing, or boarded but not secured, so as to allow access to the interior, or boarded in noncompliance with Section 15.60.100.

(Ord. 793 § 1 (part), 1995)

(a) No person, firm, association or corporation shall erect, install, place or maintain boards over the doors, windows or other openings of any building or structure, 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 except in compliance with this section.

(b) 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:

(1) Securing by Boarding.

(A) Windows. Windows and similar openings shall be boarded with exterior grade plywood. Vent holes may be required, as deemed necessary by the building official.

(B) Exterior doors. Exterior doors shall be boarded with exterior grade plywood.

(C) Painting of Boarded Openings. All boarded openings shall be painted with a minimum of one coat of exterior paint which is of a color consistent with the exterior color of the building or structure. All structures shall be maintained free of graffiti or other objectionable visual matter.

(2) Alternative Methods of Securing a Building. The building official may approve in writing alternative methods of securing a vacant and unoccupied building or structure. In making the determination to approve any alternative method, the building official shall consider the aesthetics, design, 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.

(c) 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, other than by the conventional method used in the original construction and design of the building or structure, the building official may also require the owner to comply with the following requirements:

(1) The sewer shall be capped in a manner approved by the building official so as to prevent the accumulation of methane gas in the building or structure.

(2) If the building official deems it necessary to abate an attractive nuisance or safety hazard, the interior of the building or structure shall be cleared and cleaned of all trash, junk, garbage, debris and solid wastes; and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and prevent hindrance to firefighting equipment or personnel in the event of a fire.

(3) The exterior grounds of the property shall be kept clear of all trash, junk, garbage, debris and solid wastes, so as to eliminate any fire, health hazard or visual blight.

(Ord. 793 § 1 (part), 1995)

(a) If the building official has inspected or caused an inspection of any property and found and determined that a violation(s) of this chapter exists, the building official may commence abatement proceedings of the nuisance as provided in this chapter.

(b) Upon determining that real property or buildings located in the town is unsecured or improperly secured or boarded, the building official shall issue a notice directed to the owner of the property. The notice shall contain:

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

(2) A statement specifying the condition(s) which constitute the violation(s);

(3) An order mandating that the owner properly board the property or, as appropriate, secure the openings in the building or structure by the conventional method used in the original construction and design of the building or structure within a specified time period, not to exceed thirty days;

(4) A statement that, if the conditions which constitute the violation are not abated by the owner within the time specified, the town may exercise its rights to abate such conditions by properly securing the property in the owner's name, with the cost of the boarding to be assessed against the owner or the property.

(c) The written notice shall be served upon the owner of the property at least ten days before the abatement deadline date specified in said notice. The notice shall be served either by personal delivery upon the owner or by mailing a copy to the owner by first class mail.

(d) After the written notice has been served, it shall be the duty of the owner to abate such violation(s) within the time specified in the notice.

(Ord. 793 § 1 (part), 1995)

(a) The owner of the property may request an appeal of any notice of violation within ten days of the date of notice of violation. Such request must be made in writing, must be served on the planning commission by delivering the request to the town planning department, and must set forth the basis for the appeal.

(b) On receipt of a timely written request for hearing, the planning commission shall set a date for, and on that date, shall conduct a hearing on the proposed abatement. Written notice of the hearing shall be provided by mailing said notice by United States mail with postage paid to all persons shown on the last equalized assessment roll of the county as owning real property within three hundred feet of the property which is the subject of the hearing, at least ten days before the hearing. Following the hearing, the planning commission shall issue a notice of decision informing the owner of its finding and, as appropriate, specifying the time within which the violation must be abated.

(c) Any decision of the planning commission may be appealed to the town council by the property owner or any other interested party. Any decision of the planning commission may be called up for town council review by any member of the town council. Noticing provisions for the town council hearing shall follow the procedure outlined in subsection (b) of this section.

(d) The hearing decision shall be served on the property owner in the same manner as set forth in Section 15.60.110(b).

(Ord. 793 § 1 (part), 1995)

(a) In the event the violation is not abated within the time specified in the notice, the town may take all necessary action to abate such violation, including the proper boarding of the property. In addition to incurring penalties as provided in this chapter, the owner shall become personally indebted to the town for the costs of the boarding, and the reasonable administrative costs of abatement and enforcement incurred by the town by reason of the existence of the violation. These costs may alternatively be assessed as a lien against the property on which the violation existed.

(b) After the town has boarded the property pursuant to the terms of subsection (a) of this section, the building official shall cause a notice to be sent to the owner of the subject property advising the owner(s) of the abatement action by the town. Said notice shall be sent to the owner by first class mail.

(Ord. 793 § 1 (part), 1995)

(a) The building official shall keep an itemized account of the expense incurred by the town in abating violations under this chapter. After the completion of the work of abatement, the building official shall cause an itemized bill of the expenses to be mailed to the owner.

(b) On a periodic basis as determined by the building official, the building official shall prepare and file with the town clerk a report and assessment list which identifies all real property at which abatement work was done by the town pursuant to this chapter and for which the owner has not fully reimbursed the town within thirty days of the date of billing. The report and assessment list shall provide a description of the real property at which the work was performed, the expenses incurred by the town and the names and addresses of the persons entitled to notice pursuant to Section 15.60.120(b).

(c) Upon receipt of the report, the town clerk shall post a notice of filing of the report in a conspicuous place in Town Hall, with said notice specifying the filing date of the report and assessment list and the time and place when and where the report and assessment list will be submitted to the town council for hearing and confirmation. The town clerk shall also mail by first class mail a notice to each property owner identified in the report and assessment, at the address specified in Section 15.60.110(b). Said notice shall provide a description of the real property at which the work was performed, the nature of the work performed, and the expenses incurred by the town in performing the work, and shall notify the owner that said costs shall be assessed against the owner or the property unless objection is made by the owner in writing and submitted to the town clerk at least two days before the hearing. The notice shall be mailed at least ten days prior to the date of said hearing.

(d) Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the town council hearing must submit any and all objections in writing to the town clerk at least two days prior to the date of hearing. The failure of any owner to submit any objections to the town clerk shall constitute a waiver of any such objections.

(e) At the time and place fixed for hearing and confirming the proposed assessments, the town council shall hear the same. At such hearing, only those persons who have submitted written objections to the town clerk will be heard by the town council. At said hearing, the town council may correct, modify or eliminate any proposed assessment which it may deem excessive or otherwise incorrect. Thereafter, by vote and resolution, the town council shall confirm each assessment and the amount thereof, as proposed or as corrected or modified, and order that an assessment be made a personal obligation of the owner or, alternatively, assess it against the property. If the town council orders that an assessment be charged as a personal obligation of the property owner, the town council shall direct appropriate town personnel to collect same by use of all appropriate legal remedies. If the town council orders that an assessment be made against the property, the town council shall also direct that the same be recorded on the property tax assessment roll and thereafter said assessment shall constitute a special assessment and lien against the property. The special assessment and lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the town.

(Ord. 793 § 1 (part), 1995)

(a) If, in the opinion of the building official, there exists a condition on any property or any building creating an immediate and imminent hazard and danger to the public health, safety or welfare, which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject the public to potential harm of a serious nature, the same may be abated by the town forthwith without compliance with the provisions of this chapter.

(b) No summary abatement shall be undertaken unless the town attorney or his authorized representative has been consulted.

(c) The cost of summary abatement including all administrative costs of any action taken hereunder may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in this chapter.

(Ord. 793 § 1 (part), 1995)