Chapter 17.41 — VACANT STOREFRONT WINDOWS

A.

Purpose. This chapter mandates window displays for vacant commercial spaces within the town core zone and provides for the submission of action plans to the director for approval of window displays before they are installed.

B.

Applicability. This chapter applies to all structures in the town core zone 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 structures shall comply with this chapter.

The director shall administer this chapter and may adopt administrative rules and regulations consistent with its terms to aid in doing so. He or she 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.

A.

A responsible party shall contact the director within thirty days of the date the space becomes vacant commercial space to coordinate any future requirements for tenant improvements and to coordinate with the Grass Valley Downtown Association. Within ten days of the conclusion of this contact, the responsible party shall submit an action plan to the director. The action plan shall describe:

1.

The proposed window display;

2.

How the proposed window display falls within one or more of the types of displays described in Section 17.41.040(A)—(D);

3.

The name, address, and daytime and evening telephone numbers of each responsible party as to the vacant commercial space;

4.

How long the commercial space is expected to remain vacant; and

5.

Any other information the director reasonably requests to aid the administration of this chapter.

B.

The director shall approve or deny action plans in writing. If the director 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 chapter.

C.

If the director approves an action plan, a responsible party shall install the proposed window display within thirty days of the director's decision.

D.

If the director denies an action plan, a responsible party shall either:

1.

Implement the action plan with the director's proposed modifications within thirty days of the director's decision; or

2.

Submit a revised action plan within ten days of the director's decision.

E.

If the director approves a revised action plan, a responsible party shall install the proposed window display within twenty days of the director's decision on the revised action plan.

F.

If the director denies a revised action plan, a responsible party must implement the original action plan with the director's proposed modifications within twenty days of the director's decision on the revised action plan.

G.

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

Each responsible party 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:

A.

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 rightsof-way and public places;

B.

Works of art, including paintings or sculptures or other displays of cultural, historical, 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

C.

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

D.

Other measures approved by the director in writing that achieve the purposes of this chapter to avoid visual blight in the town core zone and to enliven pedestrian experiences there.

Displays should occupy at least eighty percent of window area.

No window display is required for a vacant commercial space when a responsible party 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 17.41.040 of this Code.

A responsible party 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 17.41.040 of this chapter so as to freshen its appearance from public rights-ofway and public places.

A.

Violations; Penalties. The following steps are intended to provide a streamlined compliance process for responsible parties violating this chapter. To the extent the provisions of this chapter conflict with provisions elsewhere in the Grass Valley Development Code, the provisions in this chapter shall control and take precedence.

1.

Violations and Noncompliance. Failure by a responsible party to comply with any requirement imposed by this chapter constitutes a violation of this chapter and shall be grounds for the imposition of penalties as set forth in subdivision 5 below.

2.

Notice of Violation. Upon discovery that a violation exists, the director shall issue a notice of violation to a responsible party as to that vacant commercial space. The notice shall describe the nature of the violation and the date on which it occurred. Said notice shall be personally served or sent by U.S. certified mail. The responsible party has ten days of the date of the notice to correct the violation(s).

3.

Right to Appeal. The responsible party has the right to appeal the notice within ten days of the date of the notice. If the tenth day falls on a day that City Hall is closed, then the time to appeal expires on the next business day. An appeal shall be filed with the city clerk and be accompanied by the filing fee identified in the city's planning fee schedule.

4.

Appeal Hearing and Rules of Evidence.

i.

The city manager shall hold the hearing during the ordinary business hours in City Hall.

ii.

Oral evidence shall be taken only under oath or affirmation. The city manager has the authority to administer oaths and to receive and rule on admissibility of evidence.

iii.

Formal rules governing presentation and consideration of evidence do not apply.

5.

Penalties.

i.

Each day in which the property is used in violation of any part of this chapter is a separate violation;

ii.

Any person who violates any provision of this chapter is guilty of an infraction punishable under Chapter 1.12 of this Code.

iii.

The penalties set forth herein are cumulative and in addition to all other remedies, violations and penalties set forth in this Code or any other provisions of law including, without limitation, administrative enforcement pursuant to Chapter 1.14 of this Code.

B.

Responsible Party. If no responsible party performs an act this chapter requires a responsible party to perform as to a vacant commercial space, then each and every responsible party as to that vacant commercial space shall be liable for that failure. All responsible parties are jointly and severally responsible to comply with this chapter and for any payments required by it, including, but not limited to, costs of enforcement, including reasonable attorneys' fees and costs. If a commercial space is subject to a written lease or license, the director may enforce this chapter against any or all owner(s), tenant(s), or licensee(s).