Fresno County Municipal Code Ch. 15.90 Vacant Structures and Buildings

This chapter shall be known as the "Vacant Structures and Buildings" ordinance. The board of supervisors find and declare that vacant structures attract vagrants, trespassers, and criminals and can be a prime location to conduct illegal activities; that vacant and improperly secured structures are vulnerable to being set on fire by unauthorized persons; that vacant structures and buildings can be a source of blight and cause deterioration and instability in neighborhoods; that vacant structures can invite the accumulation of garbage, trash, discarded vehicles, weeds, dead and decaying vegetation, and other nuisance conditions; and that vacant structures can pose serious threats to the public's health and safety. The purpose of this ordinance is to require that vacant structures in the unincorporated areas of the county are properly secured and boarded during temporary periods of vacancy, and the dwellings, structures and buildings do not remain vacant and unoccupied for appreciable periods of time.

(Ord. No. 24-014, § 1, 11-5-2024)

For the purposes of this chapter:

A. "Agricultural zoned property" means any property designated for agricultural land uses including properties designated AE, AL, A-2, and A-2, as identified in the Zoning Ordinance.

B. "Commercial zoned property" means any property designated for commercial land uses including properties designated AC, C-P, C-R, C-1, C-1, C-2, C-3, C-4, C-6, RCC, and R-P, as identified in the Zoning Ordinance.

C. "Enforcement officer" means any county employee designated by the county administrative officer and/or director of the county department with authority to enforce any provision of this code or related state law, and shall also mean regular salaried, full-time employees of the sheriff-coroner's office.

D. "Industrial zoned property" means any property designated for industrial land uses including properties designated C-M, M-1, M-2, and M-3, as identified in the Zoning Ordinance.

E. "Property" includes tracts, lots, easements, or parcels of land and any and all improvements thereon.

F. "Property owner" means an individual or individuals, corporation, partnership, limited liability company, or any other entity holding fee title or life estate to the subject real property.

G. "Residential zoned property" means any property designated for residential land uses including properties designated R-1, R-1-A, R-1-AH, R-1-B, R-1-C, R-1-E, R-1-EH, R-1, R-2, R-2-A, R-3, R-3-A, R-4, R-A, and T-P; but excludes properties designated R-R (Rural Residential), as identified in the Zoning Ordinance.

H. "Residential building" means a building or structure lawfully used for residential purposes within the last three hundred sixty-five (365) day period from the date the enforcement officer identifies a potential violation of this chapter regarding the subject building.

I. "Structure" means any building, structure, dwelling, office, warehouse, and any other fully enclosed improvement that may lawfully be used for human occupation.

J. "Special purpose zones" means property with special land use designations for open space, resource conservation and recreational land uses including properties designated O (Open Conservation Land Use), R-C (Resource Conservation), R-E (Recreational), RS (Rural Settlement), and TPZ (Timberland Preserve); but excludes properties designated (Off-Street Parking), as identified in the Zoning Ordinance.

K. "Unsecured" means a structure where one or more doors, windows, or other openings are broken or missing.

L. "Vacant structure" means any structure: that has not been actively used for a lawful purpose for a continuous period of not less than six (6) months and has not been rendered inaccessible to the public by boarding or similar means.

M. "Zoning Ordinance" means the Fresno County Zoning Ordinance, Division 6 of the Fresno County Ordinance Code.

(Ord. No. 24-014, § 1, 11-5-2024)

Every property owner shall maintain their property in accordance with the provisions of this chapter and correct all violations of this chapter. The property owner is liable for violations of this chapter regardless of any contract or agreement with any third party, including, but not limited to, a tenant or manager, concerning the property. If more than one person or entities owns any portion of the fee interest or life estate, in the property, the property owners' obligations under this chapter are joint and several.

(Ord. No. 24-014, § 1, 11-5-2024)

It is unlawful for a property owner to fail to secure a vacant building on commercial zoned property, industrial zoned property, and residential zoned property when any one or more of the conditions described below are found to exist:

A. The exterior of the unsecured vacant structure contains waste, rubbish, debris, excessive vegetation, dead or dying vegetation, or graffiti.

B. Unauthorized entry into the unsecured vacant structure by individuals without the knowledge or permission by the property owner.

C. Incidents of fire at the property.

D. Incidents of unlawful camping in violation of chapter 10.70 of this code at the property.

(Ord. No. 24-014, § 1, 11-5-2024)

A. This chapter does not apply to any vacant structure that is:

1. Located on agricultural zoned property.

2. Located on special purpose zoned property.

3. Located on properties in R-R (Rural Residential) zoned districts.

B. Notwithstanding paragraph A, this chapter applies to a residential building located in any zoned district found by the enforcement officer to be a dangerous building or structure, or substandard housing pursuant to Chapter 15.32 of this code.

(Ord. No. 24-014, § 1, 11-5-2024)

For an unsecured vacant structure in violation of section 15.90.040, a property owner shall secure and maintain the vacant structure according to the following specifications and requirements:

A. All waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises.

B. If a vacant structure is unsecured, the vacant structure shall be secured as follows:

1. Barricade all unsecured doorways, windows, and/or other exterior openings with the minimum one-half inch thickness exterior grade plywood which shall extend to the molding stops or studs.

2. Mount at least two wood stocks of minimum two by four-inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and flat washers.

3. Extend the stock a minimum of eight inches on each side of the interior wall.

4. Use only hardware that is galvanized or cadmium plated.

5. Paint all exterior barricade material the predominant color of the structure.

6. In lieu of requiring the owner to board a vacant structure using the materials and methods of construction specific to this Section, the building official may authorize the owner to board the vacant structure using one or more alternative materials or methods of construction, provided the building official determines the proposed alternative adequately prevents unauthorized entry or vandalism to the vacant structure.

7. All utility service to the dwelling or building must be terminated by removal of the meters and termination of electric power at the transmission pole. Compliance with this subsection may be waived in writing by the enforcement officer as to the electric utility service if electricity is needed to power exterior security lighting, an alarm or fire prevention system or equipment used in connection with the rehabilitation of the dwelling, structure or building for which there an active and current building permit.

8. If applicable, the sewer must be capped in a manner approved by the building official to prevent the accumulation of methane gas in the dwelling, structure, or building.

9. Post the premises. One or more signs must be posted at or near each entrance of the property and at each entrance of the structure and on fences or walls as appropriate. The signs must remain posted until the structure is lawfully occupied or demolished. Posted signs must contain, at a minimum, the following information:

NO TRESPASSING. It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (The posted sign shall cite to the applicable sections of the Fresno County Ordinance Code and California Penal Code.)

10. The enforcement officer may require the owner to erect a fence that meets the specific fencing development standards of the property's applicable zoned district pursuant to the Zoning Ordinance. Any fence erected in the accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances.

(Ord. No. 24-014, § 1, 11-5-2024)

A. Entry Prohibited. It is unlawful for any person to enter or occupy any vacant structure that has been posted pursuant to Section 15.90.060.B.9, except to repair or demolish the structure under proper permits or for a lawful purpose authorized by the property owner.

B. Interference with Notice Prohibited. It is unlawful for any person to remove or deface any notice posted pursuant to Section 15.90.060.B.9, until the required repair or demolition has been completed.

(Ord. No. 24-014, § 1, 11-5-2024)

A. A violation of this chapter is declared to be a public nuisance and subject to abatement in accordance with Section 15.90.110 and Chapter 1.16 of this code.

B. A violation of this chapter shall be punishable as an infraction.

C. A violation of this chapter may be enforced by and through administrative fines in accordance with Chapter 1.13 of this code.

D. This chapter shall be administrated and enforced by the County Administrative Officer and the County Administrative Officer's designee, the Director of the Department of Public Works and Planning and the Director of the Department of Public Health, and each Director's respective designee, and by and through the employees of the county, and the agents and contractors of the county.

(Ord. No. 24-014, § 1, 11-5-2024)

A. To the extent allowed by law, whenever necessary to enforce any provision of this chapter or, whenever the enforcement officer has reasonable cause to believe that a violation of this chapter exists, the enforcement officer may inspect any vacant structure to determine whether the structure or its premises complies with this code or of statutes or regulations enforced by the enforcement officer pursuant to Section 1.08.010 or to enter for the purposes of abatement as provided by Chapter 1.16 of this code.

B. Reinspection. The enforcement officer may periodically reinspect property and vacant structures to ensure compliance with this chapter and all applicable court and administrative orders.

(Ord. No. 24-014, § 1, 11-5-2024)

A. If the enforcement officer determines that a violation of this chapter exists, the enforcement officer shall transmit a notice to secure and maintain a vacant structure to the property owner by certified mail with return receipt requested, by overnight delivery with proof of delivery requested, or by personal service and posting on the property. Service of this notice shall be effective on the date of mailing, overnight delivery, personal service and posting, or on the earliest date if more than one method of service is used.

B. The notice to secure and maintain a vacant structure must contain, at a minimum, the following information:

1. The street address or legal description of the property.

2. A short, plain statement of the conditions constituting the violation and a description of how the violation must be abated.

3. An order that all waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises.

4. An order that the owner board or otherwise secure the vacant structure in compliance with Section 15.90.060.

5. A statement that if the violation is not abated within the time specified in the notice, the county may abate the violation in accordance with Section 15.90.100.

6. The order may require the property owner to erect a fence in accordance with Section 15.90.060.B.10.

7. A statement that the property owner has the right to submit in writing any information relating to the determination of the existence of a violation. If the enforcement officer determines that an effort is being made to correct the violation, the enforcement officer may grant an additional period of time for correction of the violation.

C. Within fifteen (15) days after the date a notice to secure and maintain a vacant structure is served to the property owner, the property owner may appeal the notice to secure and maintain a vacant structure pursuant to the appeal procedures of Section 1.16.080 of this code.

D. The enforcement officer shall undertake reasonable efforts to obtain current contact information for a property owner to provide notice under this section.

E. Proof of service of the notice to secure and maintain a vacant structure may be made by a declaration of service by any officer or employee of the county or by affidavit of service by any person over the age of eighteen (18) years. Failure of a property owner to receive a mailed notice that was properly addressed shall not affect the validity of the proceedings.

(Ord. No. 24-014, § 1, 11-5-2024)

A. If a property owner fails to comply with the notice to secure and maintain a vacant structure within the time specified in the notice and does not timely appeal, the enforcement officer may abate the violation and recover the costs as provided for in this chapter. Abatement may include securing the vacant structure pursuant to the standards in Section 15.90.060.

B. After abating the violation, the enforcement officer must transmit a notice of abatement to the property owner by certified mail with return receipt requested, by overnight delivery with proof of delivery requested, or by personal service and posting on the property the property in accordance with the procedures to provide service found in Section 1.16.080 of this code. The notice of abatement must inform the property owner of all of the following:

1. The property owner must maintain the property in a condition that complies with this chapter.

2. The property owner must establish a plan and timeline for the lawful occupancy, rehabilitation, or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation, or demolition of the structure.

3. If the enforcement officer has erected a fence, the property owner must maintain the fence in a condition that complies with this chapter.

4. A description of the actual work of abatement performed.

5. An abatement expense statement pursuant to section 1.16.150 of this code to inform that the property owner is responsible for the costs of abatement, including the actual cost to perform the actual work, the cost of materials, administrative costs, and inspection and reinspection costs.

C. If the enforcement official abates a violation under this section and the property owner fails to maintain the property in a condition that complies with this chapter, the enforcement officer may maintain the property and recover costs as provided for in this chapter.

D. Nothing in this chapter shall be construed as requiring the securing of a substandard building that has become a vacant structure prior to an abatement of the substandard building under Section 1.16.090 of this code, or the State Housing Law (Health and Safety Code § 17910, et seq). If a substandard building becomes a vacant structure before or during abatement under Chapter 1.16 and 15.32 of this code, or the State Housing Law, the notice and order to abate may require the securing of the building in accordance with the standard set forth in Section 15.90.060.

(Ord. No. 24-014, § 1, 11-5-2024)

Nothing in this chapter prohibits the summary of abatement of a nuisance pursuant to the procedures set forth in Section 1.16.050 of this code.

(Ord. No. 24-014, § 1, 11-5-2024)

A. Abatement costs may be recovered by civil action against the property owner or may be administratively assessed as a lien and special assessment against the property in accordance with Chapter 1.16 of this code. Abatement costs include the cost to perform the actual work, the cost of materials, and all administrative costs.

B. Summary abatement costs may be recovered by civil action against the property owner or may be administratively assessed against the property as a lien and special assessment against the subject property in accordance with Section 1.16.050 of this code.

(Ord. No. 24-014, § 1, 11-5-2024)

The fee for any inspection, and each reinspection, shall be an amount established by the board of supervisors in the master schedule fees adopted pursuant to Chapter 4.44 of this code.

(Ord. No. 24-014, § 1, 11-5-2024)

This chapter is not the exclusive regulation or abatement procedures for vacant buildings within the unincorporated areas of Fresno County. It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the county, state or any legal entity or agency having jurisdiction.

(Ord. No. 24-014, § 1, 11-5-2024)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The board of supervisors hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 24-014, § 1, 11-5-2024)