Fort Jones Municipal Code Ch. 15.08 Abandoned, Accessible and Distressed Real Property

The town council hereby establishes a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, accessible, or distressed real property, to establish a property registration program, and to set forth guidelines for the maintenance of abandoned, accessible, or distressed commercial real property.

(Ord. No. 2019-6, § 15.30.010, 11-12-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means a commercial building, structure, or other real property that is vacant and unoccupied, including property in which 40 percent of the square footage of the gross floor area of the building is vacant. As used herein, the use of all or a portion of a building for storage is not occupancy unless that storage is itself a business operation or is accessory to an ongoing business operation conducted within the same building. Occupancy under this part means only occupancy by a person with a legal right to occupancy.

Accessible means real property or structures not secured or open in such a way as to prevent unauthorized access.

Commercial means a building or structure that is within a commercial zone and is used, in whole or part, for commercial purposes, or an empty lot that is within a commercial zone.

Distressed means property which has been vacant for a period of at least six consecutive months.

Owner means the record title holder and any agent of the title holder with the right of possession or access to the property which is the subject of this chapter.

(Ord. No. 2019-6, § 15.30.020, 11-12-2019)

(a) Effective 90 days after the effective date of the ordinance from which this chapter is derived, the owner of any abandoned property, as defined herein, shall within 60 days after the building becomes distressed or within 30 days after assuming ownership of such distressed property, whichever is later, file a registration statement for each such property with the town clerk on forms provided by the town clerk for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains vacant, abandoned, accessible, or distressed and shall pay a registration or renewal fee in the prescribed in this chapter for each vacant, abandoned, accessible, or distressed property registered.

(b) Any owner of a vacant, abandoned, accessible, or distressed property prior to 90 days after the effective date of the ordinance codified in this chapter, shall file a registration statement for that property within 60 days after the deadline. The registration statement shall include the information required under subsection (a) of this section, as well as any additional information the town clerk may reasonably require.

(c) The owner shall notify the town clerk within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the town clerk for such purposes.

(d) The registration statement shall be deemed prima facie proof of the statements therein in any administrative enforcement proceeding or court proceeding instituted by the town against the owner or owners of the building.

(Ord. No. 2019-6, § 15.30.030, 11-12-2019)

(a) The registration statement shall include the name, street address and telephone number of a natural person 18 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code or of this chapter. This person must maintain an office in the state or reside within the state.

(b) The registration statement shall also include the name of the person responsible for maintaining and securing the property, if different from the person identified in subsection (a) of this section.

(c) The registration statement shall also include the name, address and telephone number of the agent authorized to rent the property or the name, address and telephone number of the listing real estate agent who is authorized to list the property.

(d) An owner who is a natural person and who meets the requirements of this section as to location of residence or office may designate himself or herself as agent in subsection (a) of this section, the person responsible for maintaining and securing the property in subsection (b) of this section, and the agent authorized to rent the property in subsection (c) of this section.

(e) By designating an authorized agent under the provisions of subsection (a) of this section the owner consents to receive any and all notices of code violations concerning the registered vacant, abandoned, accessible, or distressed property and all process in any court proceeding or administrative enforcement proceeding brought to enforce such code provisions concerning the registered property by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the town clerk of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from responsibility or liability under any requirement of this chapter.

(Ord. No. 2019-6, § 15.30.040, 11-12-2019)

After filing a registration statement or renewal of a registration statement, the owner of any vacant, abandoned, accessible, or distressed property shall provide access to the town to conduct an exterior and interior inspection of the building to determine compliance with this Code, following reasonable notice.

(Ord. No. 2019-6, § 15.30.050, 11-12-2019)

The owner of any building that has become vacant, abandoned, accessible, or distressed property, and any person maintaining, operating or collecting rent for any such building that has become vacant shall, within 30 days:

(1) Enclose and secure the building against unauthorized entry as provided in the applicable codes adopted by the town.

(2) Keep the property free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, 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 the property is abandoned.

(3) Provide that visible front and side yards be landscaped and maintained to the neighborhood standard. As used herein, the term "neighborhood standard" means the condition of real property that prevails in and through the neighborhood where a vacant, abandoned, accessible, or distressed property is located. When determining the neighborhood standard, no vacant, abandoned, accessible, or distressed property shall be considered.

(4) Provide that windows in commercial buildings either display artwork, display merchandise offered for sale by another business within the community, display materials provided by a weed community nonprofit organization, or be covered with plain white paper.

(5) Remove the signage for any previous tenant as required by this Code.

(6) Post a sign affixed to the building indicating that the property is available for rent, for sale, or both and providing the name, address and telephone number of the owner, the owner's authorized agent for the purpose of renting the property or the listing agent, and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title. The sign shall be of a size and placed in such a location so as to be legible from the nearest street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.

(7) Repair or rehabilitate the property so it meets all applicable codes adopted by the town for occupancy, or otherwise obtain a permit to demolish the building.

(Ord. No. 2019-6, § 15.30.060, 11-12-2019)

The initial registration fee for each vacant, abandoned, accessible, or distressed property shall be $500.00 but may be reduced to $100.00 if the town clerk receives acceptable evidence that the property has been listed for sale or rent at a reasonable price with a licensed real estate agent authorized to sell or lease the property. The fee for the first and every subsequent renewal is $500.00.

(Ord. No. 2019-6, § 15.30.070, 11-12-2019)

The town administrator may issue rules and regulations for the administration of the provisions of this chapter.

(Ord. No. 2019-6, § 15.30.080, 11-12-2019)

(a) Violation of this chapter is a strict liability offense. A violation occurs regardless of a violator's intent or knowledge of the violation.

(b) Any owner who is not in full compliance with this chapter or of any rules or regulations authorized and issued hereunder shall be subject to penalty as provided for other violations of this Code.

(c) The remedies in this section are cumulative to, and not in place of, other rights and remedies available to the town pursuant to this Code. The town attorney or designee may pursue other rights or remedies, including, but not limited to, commencement of a civil or administrative action to abate the condition as a public nuisance.

(d) If the town takes administrative action to abate the condition of a property subject to the registration requirement, in addition to, or in lieu of the remedies in this chapter, the following administrative penalties shall apply:

(1) Upon being found to be violation of this chapter, each party subject to an abatement order shall pay an administrative penalty of up to $1,000.00.

(2) If a violation of this chapter addressed by abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of the town administrator by the 30th day after the deadline imposed by the town administrator, each party subject to the abatement order shall pay a supplemental administrative penalty of up to $5,000.00.

(3) If a violation of this chapter addressed by abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of the town administrator by the 60th day after the deadline imposed by the town administrator, each party subject to the abatement order shall pay a supplemental administrative penalty of up to $25,000.00.

(e) In each instance when a party becomes subject to an administrative penalty specified in this section, the town administrator shall issue an order providing written notice of that party's obligation to make payment of the administrative penalty. Each such order shall constitute a debt of the record owner and a special assessment against the subject property, having the same legal status as an order determining cost of abatement of a public nuisance.

(f) If a party becomes subject to an administrative penalty when that party is the property's owner of record, or is otherwise responsible as provided under this chapter, that party is not relieved of its obligation to pay the penalty based upon the subsequent sale of the property in question to another.

(Ord. No. 2019-6, § 15.30.090, 11-12-2019)

Any monetary penalty or other punitive action by the town authorized under this chapter may be appealed by the party against whom it is imposed to the town's administrative citation hearing officer, the decision of whom shall be final. A request for such an appeal shall be in writing and must be submitted to the town within 60 days after the town issues written notice of the imposition of the penalty or other punitive action. Pending the results of the appeal, the appellant shall deposit any monetary penalty with the town clerk, unless the appellant does not have the financial ability to do so.

(Ord. No. 2019-6, § 15.30.100, 11-12-2019)