Half Moon Bay Municipal Code Ch. 7.65 Commercial Vitality

This chapter shall be known as the "Commercial Vitality Ordinance."

(Ord. 2025-02, 12/16/2025)

The purpose of this chapter is to preserve and enhance the aesthetic, economic, and social vitality of the City of Half Moon Bay by identifying and remedying neglected commercial properties. The City finds that neglected and vacant commercial buildings contribute to urban decay, reduce property values, deter investment, and threaten public health and safety.

(Ord. 2025-02, 12/16/2025)

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section:

A. "City" means the City of Half Moon Bay.

B. "Compliance officer" means the city manager or any person authorized or directed by the city manager to enforce or otherwise ensure compliance with any provision of this chapter.

C. "Empty storefront" means a room or set of rooms facing a street on the ground floor of a building with a ground-floor commercial use that a reasonable observer would conclude meets one of the following conditions:

1. The storefront does not appear to be consistently lawfully occupied for a commercial purpose; or

2. The storefront fails to consistently maintain regular operating hours during which it is open for business.

D. "Responsible party" means the owner, agent, representative, or individual who has the duty to maintain the premises in compliance with this chapter;

E. "Neglected storefront" means a room, set of rooms, or adjoining portions of a building or building exterior facing a street on the ground floor of a building with a ground-floor commercial use that meets one of the following conditions:

1. The storefront meets a nuisance condition, as defined in Chapter 4.12 or as listed in Health and Safety Code Section 17920.3, as applicable;

2. The storefront violates the provisions of Chapter 9.34; or

3. The storefront is otherwise dilapidated, deteriorated, unsanitary, or maintained in inadequate condition so as to substantially detract from the aesthetic, social, and economic value of neighboring properties.

(Ord. 2025-02, 12/16/2025)

In addition to any other applicable requirements contained in this code or state or federal law, all empty storefronts subject to this chapter must be maintained in accordance with the following requirements:

A. All empty storefronts shall be posted with the name and contact phone number of the Responsible Party. If the Responsible Party is not the property owner, the compliance officer for the City shall be provided with the property owner's name, address, and phone number.

B. All empty storefront properties shall be actively maintained to prevent the property from meeting the definition of a "neglected storefront". This includes, but is not limited to:

1. Maintaining the structure in a structurally sound condition that does not constitute a hazard to public health or safety and that complies with this code.

2. Maintaining the property in a manner that does not create an unreasonable risk of fire, including removal of weeds and maintaining or removing heating systems.

3. Maintaining the property in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety, which shall include maintaining tidy landscaping and keeping the property free from outdoor storage and trash.

4. Securing the storefront from entry or occupation by unauthorized persons. All windows, doors (walk-through, sliding, and garage), and gates that may allow access to the interior of the property must properly close and lock, and remain locked when the structure is not in use.

5. Preventing illegal activity on the premises.

6. Maintaining sufficient utility services to ensure active operation of any alarm or security system, exterior lighting, and proper irrigation of all landscaping on the property.

7. For storefronts that are empty for more than 90 days, installing a display on or in any street-facing windows that makes the storefront appear active and attractive, which may include:

a. Temporary displays simulating a business;

b. Artwork or cultural/historical exhibits;

c. Window paintings/wayfinding/local school art;

d. Other City-approved designs.

C. The owner or designated Responsible Party must perform monthly inspections to ensure compliance with this chapter and the code.

(Ord. 2025-02, 12/16/2025)

A. The owner of an empty storefront shall, within 90 days after it has become empty, notify the Compliance Officer of the vacancy.

B. The notice must include:

1. A contact phone number, email address, and physical address for the owner and, if applicable, the Responsible Party designated for upkeep and maintenance of the empty storefront;

2. A description of the most recent legal use of the empty storefront and the square footage of the empty storefront.

C. The Responsible Party must provide the Compliance Officer with updates to the notice at least every 90 days after providing the original notice.

D. The Responsible Party must meet with City staff upon request, to discuss the status of ending the storefront's vacancy and to rectify any storefront maintenance issues. City staff may require a property maintenance plan describing the owner's plans for compliance with the maintenance requirements of this Chapter.

(Ord. 2025-02, 12/16/2025)

Notwithstanding the terms of any permits, licenses, approvals, or agreements, the existence of a neglected storefront on a property is a violation of this code and a public nuisance.

(Ord. 2025-02, 12/16/2025)

All commercial properties shall be maintained according to the following standards:

A. Landscaping and Exterior Grounds.

1. Vegetation is not overgrown, dead, decayed, or in a state of rank growth.

2. No accumulation of rubbish, junk, garbage, litter, debris, discarded materials, flyers, circulars, or similar matter, including any violation of minimal requirements in Section 13.15.110, shall be present or occur on property exterior areas.

a. This provision also applies to interior areas of a commercial property visible from the exterior.

3. Stagnant or standing water is not permitted to accumulate except as part of a lawful drainage or stormwater-management system.

B. Building Exterior.

1. Walls, facades, trim, fences, signs, retaining walls, stairs, and other exterior components are not substantially broken, deteriorated, or defaced.

2. Exterior paint or finishes are not substantially worn off, peeling, flaking, or missing, unless the architectural style of the building was intended to remain unpainted.

3. Windows are clean and not broken or missing, and doors and openings are not left unsecured or boarded except as authorized by permit.

4. Graffiti is removed or abated from any exterior surface of the building or interior area visible from the exterior.

(Ord. 2025-02, 12/16/2025)

The Compliance Officer is authorized to do the following:

A. Inspect commercial properties to identify empty or neglected storefronts, determine ongoing compliance with this chapter, and initiate proceedings against owners found to be in violation of this chapter or any other applicable code.

B. Order the owners of empty storefronts or neglected storefronts to comply with this chapter and any other applicable provisions of this code.

C. Employ the enforcement mechanisms available in Title 4 to remedy violations of this chapter.

D. Establish and enforce any administrative policies necessary for the implementation and enforcement of this chapter.

(Ord. 2025-02, 12/16/2025)