Article 29 — VACANT PROPERTY ORDINANCE

ARTICLE 29 - VACANT PROPERTY ORDINANCE[[1]]

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Note— Added by Ordinance 19-16, adopted October 29, 2019.

PART 1. - GENERAL PROVISIONS

SEC. 10-29.010 - FINDINGS AND PURPOSE.

The City Council finds and declares as follows:

a.

Neglected vacant or abandoned properties are a major source of blight in the City of Hayward and pose serious threats to public health, safety and welfare. They attract criminal and unsafe activities. As such, they are vulnerable to fire, theft and other illegal activities. The presence of neglected vacant or abandoned buildings and storefronts can lead to neighborhood decline, create nuisance conditions, lower property values, and discourage economic development in the area. Furthermore, the presence of vacant, neglected, or abandoned buildings and storefronts acutely affects the vitality and economic development of the downtown area.

b.

It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in the neglected vacant or abandoned lots, buildings, including without limitation, historic buildings or structures, to maintain, secure, and prevent these buildings and lots from becoming a burden to the neighborhood and community or a threat to public health, safety and welfare.

c.

The purpose of this Article is to provide standards for maintaining vacant and abandoned properties and to establish a monitoring program for those that are determined to be neglected or not in compliance with the provision of this Article or established laws and regulations adopted by the City of Hayward.

For the purposes of this Article, certain words and phrases are defined, and provisions shall be construed as herein set out, unless it shall be apparent from their content that a different meaning is intended.

a.

"Abandoned" means a property, including a residence, building, structure, or any structural improvement on real property, that is vacant and is (i) under a current notice of default and/or notice of trustee's sale; (ii) subject to foreclosure sale where title was retained by the beneficiary of a deed of trust; or (iii) transferred under a deed inlieu of foreclosure/sale.

b.

"Boarded" means the covering of all entry points, including doors and windows.

c.

"Director" means the Director of Development Services or designee, or such other director designated by the City Manager to administer this Chapter.

d.

"Foreclosed" shall mean property for which the foreclosure process has begun with the filing of a notice of default.

e.

"Neglected vacant property" means any vacant lot, building or structure that is not maintained in accordance with this chapter or has been occupied by unauthorized persons for any length of time.

f.

"Notice of Default" means a recorded notice that a Default has occurred under a Deed of Trust and the Beneficiary intends to proceed with a Trustee's sale of the real property or asserts any of its rights under the Deed of Trust.

g.

"Property" means any real property interest or estate which may be granted or devised by deed. The word "property" includes tracts, lots, easements, or parcels of land and any and all improvements, buildings or structures thereon.

h.

"Property owner" shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Alameda County and any person, partnership, co-partnership, association, corporation, beneficiary in a deed of trust, fiduciary, including a trustee or substitute trustee, or any other legal entity having a legal or equitable interest in the subject property as otherwise known to the Code Enforcement Manager or other City Official by virtue of more recent and reliable information, including any beneficiary that is pursuing foreclosure of a property subject to this ordinance secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at a trustee's sale.

i.

"Un-Improved Vacant Lot" means any undeveloped property without an approved or permitted structure.

j.

"Vacant" means any building or structure which has remained unoccupied for a period of more than thirty (30) days. A building or structure is not deemed to be Vacant for purposes of this Chapter if construction, alteration, improvements, rehabilitation, or repair is in progress pursuant to a valid, unexpired building permit with inspections occurring at least every six (6) months.

SEC. 10-29.030 - APPLICATION.

a.

The provisions of this Article apply to all real property throughout the City of Hayward where any of the conditions specified in this Article are found to exist, including but not limited to vacant, unsecured, neglected, distressed and unoccupied lots, buildings, structures or parts thereof.

b.

Provisions of this Article are to be supplementary, complementary and cumulative to all of the provisions of the Hayward Municipal Code, state law, and any law cognizable at common law or in equity, and nothing in this Article shall be read, interpreted, or construed in any manner so as to limit any right or power of the City of Hayward to abate or prosecute any and all violations and nuisances.

c.

When the requirements of this Chapter conflict with any other part of the California Building Standards Code, Title 24, any provision contained elsewhere in the Hayward Municipal Code, or any regulation or requirement adopted by the City, the more restrictive requirement shall prevail.

a.

In the event that the City enters into a development-related agreement with the owner and/or developer of a vacant lot, or property incorporating the partial or total demolition, repair, reconstruction, and/or preservation of one or more unoccupied building, structure or parts thereof located at the property, the unoccupied building or vacant building in question shall be exempt from application of this Article.

b.

In the instance of any abandoned building or structure, or vacant building exempt from application of this Chapter pursuant to Section 10-29.040(a), the property and each building or structure located at the property shall be owned, managed, and maintained in strict accord with the terms and conditions of the applicable developmentrelated agreement.

c.

In the event that the City Manager or designee determines, in an exercise of his/her sole discretion that an owner is in default with respect to any term or condition of a development-related agreement through which any abandoned building or structure, or vacant building is exempt from application of this Article, City shall issue written notice to the owner, if the default in question is not cured in its entirety within a time as prescribed by the City Manager or designee of the issuance of said notice, the exemption provided by Subsection 10-29.040(a), shall be revoked, and that this Article shall immediately become fully applicable to the abandoned building(s) or structure(s), or vacant property(s) in question.

Any property in violation of this Article shall constitute a public nuisance.