Fowler Municipal Code Art. 3 Vacant Buildings

Vacant residential, commercial, and industrial buildings and all yards surrounding such buildings must be maintained, actively monitored, and secured in accordance with the provisions of this Article. Failure to comply with the provisions of this Article is a violation of the Fowler Municipal Code and the property will be considered blighted and a nuisance subject to abatement and cost recovery procedures set forth in Chapters 22 and 23, of Title 5, and any other available enforcement mechanisms.

For the purpose of this Article, a vacant building means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean when any one unit is unoccupied or occupied by unauthorized persons. All buildings that have been, or are expected to be, vacant for longer than thirty (30) consecutive days shall be considered vacant.

(a) Yard Maintenance. Maintain all yards visible from any public right-of way, and including interior yards visible from adjacent properties, in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all yards in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition. The requirements of this subsection to maintain live plant material shall not apply when inconsistent with the current demand reduction level as identified in the City's Water Shortage Contingency Plan.

For commercial and industrial properties, acceptable landscaping means that at least fifty percent (50%) of the non-paved portions of yards visible from any public right-of-way, and including interior yards visible from adjacent properties shall be covered with live trees, shrubs, lawns, or other live plant materials and the remaining portion of the non-paved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed. For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Community Development Director.

(b) Building Exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.

(c) Broken Windows. Board up broken windows within twenty-four (24) hours and replace broken windows within seventy-two (72) hours, subject to the provisions of subsection (g).

(d) Trash and Debris. Remove all trash and debris within seventy-two (72) hours of their placement or abandonment on the property.

(e) Compliance with Laws. Maintain the building in continuing compliance with all applicable state and local codes and regulations and any applicable City issued permits.

(f) Prevention of Criminal Activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity.

(g) Secure Property. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the Community Development Director. For purposes of securing the building and grounds, boarding-up window and door openings, and fully fencing the property, shall only be used when it is determined by the Director that no other reasonable alternative exists. Securing window openings that are visible from any public right of way shall be done only with a rigid transparent material such as clear Lexan type material with a minimum of 3/8 to 1/2 inch thickness. No opaque (typically plywood) boarding materials shall be used where visible from a public right of way. Properly maintained buildings and grounds should discourage trespassers. Alternative security measures are also available. When a building is boarded or the property fenced, the owner shall comply with standards established by the Director.

(h) Graffiti. Remove all graffiti on the property within forty-eight (48) hours of placement on the property.

(i) Nuisances. Maintain the property free from any Nuisances as defined by this Code.

(j) Fire Hazards. Maintain the property free of all fire hazards.

(k) Fire Damaged Residential Buildings. Fire damaged residential buildings that are not safe or legal to occupy shall be either demolished or fully repaired within ninety (90) days of the occurrence of the fire. The Director may grant an extension, not to exceed ninety (90) days at a time, if satisfactory documentation is provided to show the property owner has continued to made good faith efforts to demolish or fully repair the property.

(l) Grace Period. Owners of newly acquired vacant buildings shall have sixty (60) days from the date of legal possession of the building to come into compliance with this Article. The Director may grant an extension, not to exceed sixty (60) days at a time, if documentation is provided to the satisfaction of the Director showing any delay in compliance is of no fault of the property owner.

(m) Contact Posting. Vacant property owners shall post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public right of way, with the following information: (i) the statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name of the property owner, responsible party, or property management company inserted and "TO REPORT PROBLEMS OR CONCERNS CALL" with the twenty-four hour telephone number listed; and (ii) the statement "THIS PROPERTY IS OWNED BY" and the name and address of the owner. The sign shall be constructed and printed with weather resistant materials.

(n) Trespassing Posting. Vacant property owners shall post a minimum of one (1) "No Trespassing" sign in accordance with the Fowler Police Department requirements. The sign must be at least 17 by 22 inches in size, with lettering no smaller than 1 inch in height.

(o) Special Provisions for Vacant Commercial Buildings.

(i) Fire Protection. Owners of vacant commercial buildings shall maintain in good working order a fire protection system, where required, in accordance with all applicable codes and ordinances, as determined by the Building Official.

(ii) Intrusion Alarm Monitoring. Owners of vacant commercial buildings shall install and maintain in good working order a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, so that intruders may be removed.

(iii) Storage. The interior of any vacant commercial building must be cleared of all combustible materials, trash, junk, garbage, debris, and personal possessions, in order to eliminate any fire or health hazard.

(Ord. No. 2017-03, § 1, 8-15-2017; Ord. No. 2024-04, § 1, 10-1-2024)

For vacant properties, the Community Development Director may issue an Order to Submit a Vacant Building Plan to the property owner, or other responsible party if known, and require the payment of a fee as required under this section.

(a) Vacant Building Plan. The Vacant Building Plan shall include the following information and shall be submitted within thirty (30) days of service of the Order:

(1) Name and address of person submitting the Vacant Building Plan;

(2) Name and address of all property owners of the subject property;

(3) The name and address of a local agent, if the property owner is/are not local, that the Director may contact related to enforcement of this Article;

(4) The expected period of vacancy;

(5) A plan to make any buildings ready for occupancy;

(6) If required by the Director a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Director under the circumstances;

(7) A plan for actively monitoring, maintaining and securing the property and otherwise complying with this Article;

(8) A letter of written consent by the property owner allowing City code enforcement inspectors periodically to enter the property for inspections to ensure compliance with the provisions of this Article;

(9) Any other information as may be required by the Director to ensure compliance with the provisions of this Article.

(b) Exception. If the Vacant Building will be occupied within thirty (30) days of service of the Order described in this section, the owner or other responsible party may notify the Director in writing of this fact and the owner will be excused from submitting a Vacant Building Plan.

(c) Recording. The Vacant Building Plan may be recorded and indexed in the grantor-grantee index in the Fresno County Recorder's Office and shall be released by the City when the property is no longer vacant. Any fees or costs associated with recording the Vacant Building Plan or filing a release from the Vacant Building Plan shall be the responsibility of the property owner and collectible under the cost recovery provisions of this Article.

(d) Appeal. An Order to Submit a Vacant Building Plan and/or a decision by the Director rejecting a Vacant Building Plan are appealable in accordance with the procedures set forth in section 9.30.100 of the City's Zoning Ordinance.

(e) Approved Plan. A Vacant Building Plan is enforceable immediately upon notice to the property owner of the approval of the Vacant Building Plan until the Director releases the property from the approved Vacant Building Plan. An approved plan shall be valid for no more than one (1) year from the date of its approval.

(f) Transfer of Vacant Building. The transferee of a vacant building is subject to the requirements of this section. If the property is subject to a Vacant Building Plan and the plan has been properly recorded with the County Recorder's Office, the transferee is subject to the terms of the Vacant Building Plan.

(h) Service. Service of an Order to Submit a Vacant Building Plan, notice of rejection, or approval of a Vacant Building Plan shall be made on the property owner, or other responsible party if known, by first class mail.

(Ord. No. 2017-03, § 1, 8-15-2017; Ord. No. 2024-04, § 1, 10-1-2024)

(a) Scope of Section. This section shall apply to all vacant properties in the City of Fowler that have come within ownership or control of a trustee or beneficiary as a result of the default of a borrower and/or the foreclosure process. This section shall also apply to properties where the deed of trust was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

(b) Registration of Property. Any trustee or beneficiary holding a deed of trust on a property located within the City of Fowler shall inspect the property that is the security for the deed of trust, upon default by the trustor, prior to recording notice of default with the Fresno County Recorder. If the property is found to be vacant, as described by section 5-21.301, such property is deemed to fall within the provisions of this section and shall be registered with the City Manager or designee within ten (10) days of inspection. If the property is occupied at the time of inspection, it shall be inspected on a monthly basis until (i) the default is remedied by the trustor or other party or (ii) the property is found to be vacant, at which time it shall be registered with the City within ten (10) days of finding the property to be vacant.

(c) Registration Fee. An annual registration fee as set by Resolution of the City Council shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received by the City no later than January 31 of the year due.

(d) Registration Process. Registration shall be made in writing to the City. The trustee or beneficiary shall provide the following information:

(1) Name, address, and telephone number of the trustee and/or beneficiary;

(2) Address and assessor's parcel number of the vacant property;

(3) Name, address, and telephone number of the property maintenance company responsible for the property, if applicable;

(4) Name, address, and telephone number of all known lien holders and/or individuals with ownership interest or other legal interest in the property;

(5) If no trustee or beneficiary resides within the County of Fresno, the name, address, and phone number of a party residing within the County of Fresno who shall be designated as the local responsible party or agent for the purposes of notification in the event of an emergency affecting the public health, safety, or welfare and for purposes of service of process or any notices associated with registration of the property;

(6) Provide express authorization for City employees to enter the property for the purpose of ensuring compliance with this Article. The primary purpose of this authorization is to provide consent for City employees to access the exterior of the property to inspect and/or abate. City employees will not enter the interior of the structure unless the health, safety and/or welfare of the public is at risk.

(e) Duration of Registration. Registration of a vacant property shall be valid for one (1) year from the date of registering such property with the City. The trustee and/or beneficiary shall renew the registration of the property annually prior to the expiration of the current registration.

(Ord. No. 2017-03, § 1, 8-15-2017; Ord. No. 2024-04, § 1, 10-1-2024)

(a) For commercial buildings that are vacant for more than one hundred eighty (180) days in a calendar year, substantial evidence must be provided, to the reasonable satisfaction of the Community Development Director, that at least one (1) of the following applies:

(i) Active Construction. A permit has been issued, entitlement granted, or diligent progress continues to obtain such entitlements, in order to repair or rehabilitate the property.

(ii) Active Marketing. The property contains no Fowler Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent.

(iii) Active Maintenance. The property is being actively maintained and monitored in accordance with this Article and the Fowler Municipal Code.

(iv) Insurance. The Owner shall maintain fire and liability insurance coverage as determined necessary by the Director. Any insurance policy shall require advanced, written notice to the Director in the event of cancellation of insurance or a reduction in coverage.

(b) Fee Imposed. There is imposed upon every owner of commercial buildings that are vacant more than one hundred eighty (180) days in a calendar year, an annual vacant commercial building monitoring fee as approved by Resolution to cover the estimated reasonable cost to the City for monitoring the vacant commercial building and ensuring compliance with the requirements of this article. The fee may be billed and mailed to the owner of the property, or other responsible party, if known. Any owner aggrieved by the fee may appeal the decision in accordance with section 9.30.100 of the City's Zoning Ordinance. Any unpaid fees imposed pursuant to this section may be recovered by the City in accordance with Chapter 23 of Title 5 of the City Municipal Code, including by special assessment and lien.

(Ord. No. 2024-04, § 2, 10-1-2024)