Fairfield Municipal Code Art. X Neglected Vacant and Foreclosure Properties

Vacant or foreclosed buildings which are neglected and not maintained can result in the physical deterioration of a neighborhood and other health problems to the community. The purpose of this article is to provide standards for maintaining vacant buildings and to establish a monitoring program for those that are neglected.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

For the purposes of this Article:

(a)

"Appeals hearing officer"

means any person appointed by the City Manager to hear appeals held pursuant to this article. An appeals hearing officer may be a city employee.

(b)

"Boarded"

means the covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing entry into the building by persons or animals.

(c)

"Owner"

means the owner of record for the property and may include a financial institution, beneficiary/trustee or any person or institution that has a possessory interest in the property or is required by agreement to maintain the property.

(d)

"Responsible agent"

means the person designated by the property owner to act on behalf of the owner, under Section 27.1107.

(e)

"Vacant building"

means any building that is not legally occupied unless one of the following is true:

A.

The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

B.

The building meets all codes, does not contribute to blight, is ready for occupancy, and is:

Actively being offered for sale, lease or rent; or

Is actively being maintained and monitored by the owner, as defined in Section 27.1106.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1.)

A neglected vacant building is a public nuisance. A building is neglected if it is in material, repeated or on-going violation of this article.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

(a) Purpose. This section mandates window displays for vacant commercial spaces within the downtown and downtown core district as defined in Section 25.23.1(A) and provides for the submission of action plans to the city manager or their designee for approval of window displays before they are installed.

(b) Applicability. This chapter applies to any building or structure in the downtown and downtown core district unless otherwise stated, including, but not limited to, properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust, and to any properties transferred under a deed in lieu of foreclosure or sale. All responsible parties as to such buildings and structures shall comply with this section.

(c) Administration. The city manager or their designee shall administer this section and may adopt administrative rules and regulations consistent with its terms to aid in doing so. They shall give notices of such rules or regulations as required for an ordinance of the city and such rules or regulations shall take effect upon such notice or at such later times as they may specify.

(d) Action Plan. A responsible agent shall contact the office of the city manager or their designee within thirty days of the date that any building or structure contains vacant commercial space to coordinate any future requirements for tenant improvements. Within ten days of the conclusion of this contact, the responsible agent shall submit an action plan to the city manager or their designee. The action plan shall describe:

1. The proposed window display; and

2. How the proposed window display falls within one or more of the types of displays described in Section 27.1104(k)(1)—(4); and

3. Any other information the city manager or their designee reasonably requests to aid the administration of this section including, but not limited to, what is defined in Section 27.1107(A) of this article.

(e) The city manager or their designee shall approve or deny action plans in writing. If the city manager or their designee denies an action plan, he or she shall provide the reasons for denial and describe modifications which would make the action plan comply with this article.

(f) If the city manager or their designee approves an action plan, a responsible agent shall install the proposed window display within thirty days of the date of the approval.

(g) If the city manager or their designee denies an action plan, a responsible agent shall either:

1. Implement the action plan with the modifications proposed by the city manager or their designee within thirty days of the date of their denial; or

2. Submit a revised action plan within ten days of the date of the denial by the city manager or their designee.

(h) If the city manager or their designee approves a revised action plan, a responsible agent shall install the proposed window display within twenty days of the date of their approval of the revised action plan.

(i) If the city manager or their designee denies a revised action plan, a responsible agent must implement the original action plan as proposed by the city manager or their designee within twenty days of the date of the denial of the revised action plan.

(j) This chapter shall not apply to a vacant commercial space of a building or structure if the window display area space is the subject of an active, valid building permit for repair or rehabilitation and a responsible agent provides proof to the city manager or their designee, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay.

(k) Window displays for vacant commercial spaces. Each responsible agent as to a vacant commercial space shall maintain at least one of the following types of displays on or inside all ground-floor windows visible from public rights-of-way or public places:

1. Faux window dressings containing goods or services with the appearance of a vibrant business using background panels or other methods to screen views of the vacant commercial space from public rights-of-way and public places; or

2. Works of art, including paintings or sculptures or other displays of cultural, historical, seasonal, or educational value, utilizing colorful and vibrant materials, and using background panels or other methods to screen views of the vacant commercial space from public rights-of-way and public places; or

3. Paintings applied directly to the window surface featuring visually appealing, colorful, vibrant scenes, shapes, or images visible from public rights-of-way and public places; or

4. Other measures approved by the city manager or their designee in writing that achieve the purposes of this article, to avoid visual blight in the downtown and downtown core district and to enliven pedestrian experiences.

(l) Displays should occupy at least eighty percent of the window area. No window display is required for a vacant commercial space when a responsible agent has submitted an action plan or revised action plan for that vacant commercial space and is otherwise in compliance with implementation requirements described in Section 27.1104 of this Code.

(m) Updated designs for window displays. A responsible agent shall submit a renewed action plan every six months while the space remains vacant. Each renewed action plan shall propose a new window display design for the vacant commercial space that complies with Section 27.1104 of this article so as to freshen the display’s appearance from public rights-of-way and public places.

(Ord. 2022-09 § 1)

A. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking of doors and windows.

B. The city manager or his or her designee may adopt standards regarding the boarding of vacant buildings.

C. The City may board vacant buildings as part of an abatement action brought under this Article. The owner shall be responsible for the cost of boarding or the property may be subject to an abatement lien for the cost of the boarding.

D. Within 10 days of notice from the City, the owner shall remove boarding and replace with secure locking doors and windows.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

Each vacant building shall be maintained in accordance with the standards in this section.

A. General. Each vacant building shall be maintained in conformance with all city codes, including but not limited to chapter 5 (Building and Housing Codes), chapter 8 (Fire protection), chapter 25 (Development Regulations) and this chapter 27 (Community Preservation). In particular, it is a public nuisance for a person responsible for property to violate Section 27.401.

B. Structural and building standards. A vacant building shall be maintained in a structurally sound condition. The structure and all electrical, plumbing and mechanical systems shall be maintained in conformance with the provisions of the California Building Standards Code that were in place at the time of construction and in a condition which does not create a hazard to public health or safety. A permit from the City of Fairfield Building Division shall be obtained when the building requires repairs, alteration, or modification necessary to meet the provisions of this article.

C. Fire safety. A vacant property shall be maintained in a manner which does not create an unreasonable risk of fire. Weeds shall be removed if they may constitute a fire hazard. No vacant building or portion of it shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard. Heating facilities or heating equipment in vacant buildings shall either be removed or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.

D. Security standards. A vacant building shall be maintained in a way which secures it from any unauthorized entry. The owner or responsible agent of a vacant building which has suffered an unauthorized entry must provide security which meets the following minimum standards:

1. All windows and sliding doors must have either intact glazing or resistance to entry equivalent to or greater than that of a solid sheet of 3/4-inch plywood, cut to fit the opening, and securely nailed using at least 16D galvanized nails or at least #10 x 3" galvanized screws, spaced not more than six inches on the center. The City may require that plywood used to board windows or doors be painted to protect it from the elements.

2. Doors and service openings with thresholds located ten feet or less above grade, stairway, landing, ramp, porch, roof or similarly accessible area must be resistant to entry equivalent to or greater than that of a closed single panel or hollow core door 1-3/8 inches thick equipped with a 1/2-inch throw deadbolt.

3. Exterior doors, if openable, shall be closed from the interior of the building by toenailing them to the door frame using screws or bolts.

4. The front door into each building shall be operable. The front door must be secured with a suitable lock such as a hasp and padlock or a 1/2-inch deadbolt or deadlatch.

5. All locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of 3/4-inch CDX plywood and shall be equipped with a lock as described above.

E. Debris removal. A vacant building and the adjoining yard or landscaped areas shall be maintained free of debris, combustible materials, litter and garbage.

F. Appearance. A vacant building shall be maintained in a manner that minimizes the appearance of vacancy. Graffiti shall be promptly removed. All exterior surfaces, including any boarded windows or doors, shall be painted or otherwise finished to create a sufficient appearance of repair to deter unauthorized entry. The exterior of the property shall be kept in such a condition so as not to create the appearance of an unsecured, unoccupied structure or any hazard to public safety. Landscaping shall be maintained and watered as necessary to prevent the appearance of an unoccupied structure and fire hazard.

G. Crime Prevention. A vacant building shall be maintained in a manner that minimizes the potential for criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity. The owner or responsible agent shall monitor the property on a regular basis and report any signs of criminal activity to the Police Department immediately.

H. Posting. The posting of a notice in a conspicuous place is required on the front of the building stating the name, address, and telephone number of both the owner and, if applicable, the responsible agent. This notice shall have lettering not less than two inches high, and shall be generally readable from at least thirty (30) feet away.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

A. Any owner of a vacant building shall register the property in the monitoring program within ten days of the building becoming vacant. The owner must provide the following information:

1. The address of the vacant building;

2. The address and telephone number of the owner;

3. The designation of a responsible agent and the address and telephone number of the responsible agent, if different from the owner;

4. The date the building became vacant;

5. The assessor’s parcel number (APN) for the lot where the vacant building is located; and

6. The name and address of the beneficiary/trustee (corporation or individual) identified on the deed of trust, if applicable.

B. The owner or responsible agent shall notify the City of any change in the information provided under this section (including a change in ownership) within 15 days of the change.

C. An owner who is subject to the registration requirements of this section shall designate a responsible agent for the building. An owner who lives within 60 miles of the vacant building may designate himself or herself as the responsible agent. An owner who lives more than 60 miles from the vacant building shall designate a responsible agent who lives within or whose place of business is within the City of Fairfield.

D. The designation of responsible agent constitutes an authorization by the owner (and the agreement of the agent) to act on behalf of the owner with regard to all requirements under this code, including the acceptance of all official notices (including, but not limited to, notices under this article and notices of proposed abatement or summary abatement) on behalf of the owner. The responsible agent shall be an authorized agent and signatory of the owner, and may sign on behalf of the owner with regard to all requirements under this code.

E. The owner’s designation of a responsible agent shall not relieve the owner of any obligation to comply with this chapter.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

An owner who is subject to the registration requirements of Section 27.1107 must pay an annual registration fee to reimburse the City for the cost of administering the monitoring program. The registration fee will be set by a resolution of the City Council.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

The owner or responsible agent of a vacant building which is required to be registered under this article shall inspect the building at least once every two weeks. The owner or responsible agent shall keep a written log of all inspections, which shall contain the following information:

1. The date and time of the inspection;

2. The name and signature of the person actually inspecting; and

3. A notation of any problems identified and the steps taken to address them.

A copy of the log shall be provided to the city on a monthly basis.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

A. The appeals hearing officer has jurisdiction to hear appeals of: (1) the placement of the vacant building into the neglected vacant building monitoring program; or (2) the requirement to pay fees under this article.

B. The owner may appeal a determination which is appealable under subsection A. by filing a written notice of appeal with the Chief of Police within ten days of the action for which the appeal is taken. The Chief of Police shall then set a date for the hearing, at least 10 days and not more than 30 days after the appeal was filed, and shall notify the owner in writing of the time and date. The hearing may be continued if necessary.

C. The hearing officer shall render a decision within 10 days after the conclusion of the hearing. The hearing officer shall notify the appellant in writing of the decision. The decision of the hearing officer is final.

D. The city may assess a hearing fee as provided in a resolution adopted by City Council.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)

A. Violations of this Article may be handled by criminal, civil, or administrative actions either undertaken separately or in conjunction with other remedies, at the discretion of the City Attorney.

B. The first violation of this Article shall be an infraction punishable by a fine not exceeding $100. The second and each subsequent violation of this Article within a one year period is a misdemeanor, punishable by a fine not to exceed $1,000 per violation.

C. A public safety officer may issue an administrative citation for a violation of this Article pursuant to Chapter 1 of the Fairfield City Code and the procedures in Chapter 1 shall be followed.

D. Owners may be liable for the City’s reasonable costs of inspection, enforcement, and abatement pursuant to Article IX of this Chapter.

E. In addition to the above remedies, any person who violates this Article may be subject to other remedies as provided under the law.

(Ord. 2008-11 § 1; Ord. 2008-10 § 1)