Part 2 — MAINTENANCE AND SECURITY STANDARDS

The City recognizes that attention and response to maintaining minimum maintenance and security standards for vacant or abandoned properties and buildings can contribute to a reduction of neighborhood blight, criminal activity and hazards in vacant or abandoned buildings. This section establishes minimum maintenance and security standards for vacant lots, abandoned residential and non-residential buildings, structures and properties thereon.

All vacant properties and improvements thereon shall be maintained in a manner which minimizes the appearance of vacancy and meets the minimum standards set forth herein:

a.

Landscaping: All site landscaping materials, including but not limited to plants, trees, irrigation systems, lighting fixtures and pathways shall be maintained in good condition. Commercial and industrial properties with previously approved landscape plans must maintain landscaping in accordance with the originally approved plans or Conditions of Approval unless otherwise determined by the Director or designee.

b.

Fencing on vacant properties shall be provided in accordance with Section 10-1.2735(k).

c.

Parking lots: All parking areas must be maintained free of deterioration and in accordance with the applicable zoning district standards and off-street parking requirements and/or conditions of approval, including but not limited to lighting, stall markings, art installations, signage, bollards, fire lane markings, and permitted mechanical equipment.

d.

Accessory Pools: Swimming pools, spas and other body collection of water shall be kept clear and free of pollutants and debris or drained and kept dry and shall be secured with fencing in accordance with HMC Chapter 3, Sections 3-5.50, 3-5.51, 3-5.52, Swimming Pools and applicable County and State regulations.

e.

Accessory Structures: All accessory structures, including detached garages, fences and walls, shall be maintained in structurally sound and good repair. Fencing installed pursuant to Section 10-1.2725, Special Yard Requirements, shall comply with standards as set forth in Section 10-1.2725(k) of the Hayward Municipal Code.

f.

Exterior Site Grounds: The exterior of vacant properties shall be kept free of weeds, dry brush, dead or dying vegetation, accumulation of newspapers, circulars, flyers, papers, building materials, discarded items, junk, trash, debris, and other public nuisance conditions as identified in Section 5-7.20 of the Hayward Municipal Code.

g.

Graffiti: The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over within twenty-four (24) hours with similar exterior grade paint to match the color of the exterior of the building or structure.

h.

Un-Improved Vacant Lots: All unimproved vacant lots shall be maintained in accordance with the following standards;

a.

A landscape area must be provided and maintained along the perimeter of the lot adjacent to streets, alleys, or public rights-of-ways.

b.

Landscape areas must be planted with natural and drought tolerant vegetation.

c.

An operable automatic irrigation system for the groundcover must be installed and maintained.

d.

Fencing shall be located behind all required perimeter landscaping and provided in accordance with Section 101.2735(k).

e.

The lot must be adequately secured to prevent illegal dumping, criminal activity, vandalism, graffiti, trespassing, & all other attractive nuisance.

SEC. 10-29.070 - BUILDING STANDARDS.

a.

Each vacant building shall be maintained in conformance with all adopted state and local city codes including, but not limited to Section 17920.3 of the California Health and Safety Code when identified as residential structure.

b.

Stairways, decks, porches, and balconies: Every stairway, deck, porch, balcony, and all appurtenances attached thereto, including, but not limited to handrails and guards shall be maintained as structurally sound, in good repair, with proper anchorage, capable of supporting the imposed loads, and free of dry rot or other deteriorating conditions.

c.

Walls and Structural members: All interior and exterior wall systems, structural members and roofs shall be kept in good condition and shall be free from holes, breaks, lose or rotting materials, and partial or un-permitted repair. Exterior walls shall be maintained as weatherproofed and properly surface coated where necessary to prevent deterioration.

d.

Utility Systems: All electrical, plumbing and mechanical systems shall be maintained in conformance with the provisions of the California Building Standards Code so as not to create a hazard to public health or safety, as determined by the Building Official or designee.

e.

Protective treatment: All exterior protective treatment, including but not limited to exterior paint, siding materials, roofing tiles, wood treatment or other weather proofing or protective coatings or any surfaces shall be maintained uniformly without any signs of defect or deterioration.

f.

All windows and doors, must be maintained in good and functional condition consistent with intended use and free from any deterioration, damage or neglect, including but not limited to all associated locks, components, glass panes or other hardware.

a.

All vacant buildings shall be maintained in a manner where all existing fire protection systems are kept in operating condition in accordance with applicable codes and ordinances, unless written authorization for removal of those

systems has been granted by the City of Hayward Fire Marshal.

b.

The vacant building shall be maintained clear of combustible materials, flammable or combustible waste or rubbish, waste, or hazardous materials. Doors, windows and other openings shall be locked or otherwise secured to prevent entry by unauthorized persons in accordance with all applicable codes.

c.

All vacant or abandoned buildings shall be maintained in a manner whereby the heating facilities or heating equipment are either removed pursuant to a valid permit or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable permits, codes and ordinances.

d.

All vacant or abandoned buildings or accessory structures shall be maintained in a manner in which all emergency access areas, egress points, stairways, roof-access ladders and exit signage are in functioning condition and free from deterioration.

e.

The intentional design or alteration of buildings to disable, injure, maim or kill intruders is prohibited. A person shall not install and use firearms, sharp or pointed objects, razor wire, explosives, flammable or combustible liquid containers, or dispensers containing highly toxic, toxic, irritant or other hazardous materials in a manner that could passively or actively disable, injure, maim or kill a fire fighter who forcibly enters a building for the purpose of controlling or extinguish a fire, rescuing trapped occupants or rendering other emergency assistance.

f.

Shaftway markings. Vertical shafts shall be identified as required by this section.

1.

Exterior access to shaftways. Outside openings accessible to the fire department and that open directly on a hoistway or shaftway communicating between two (2) or more floors in a building shall be plainly marked with the word SHAFTWAY in red letters not less than six (6) inches high on a white background. Such warning signs shall be placed so as to be readily discernible from outside the building.

2.

Interior access to shaftways. Door or window openings to a hoistway or shaftway from the interior of the building shall be plainly marked with the word SHAFTWAY in red letters not less than six (6) inches high on a white background. Such warning signs shall be placed as to be readily discernible.

The property owner or responsible party of a vacant property that has experienced an unauthorized entry or ongoing vandalism must provide security in accordance with this section at the direction of the Director or designee:

a.

Materials such as plywood, particle board, wafer-board, Masonite-board, plexi-board or other similar material shall not be used for boarding unsecured windows, doors, or openings unless completed under an emergency board up as identified in Section 10-29.100.

b.

Vacant buildings identified with broken windows or other broken transparent or semi- transparent openings must be secured by boarding with sheeting material in accordance with this section.

1.

All windows and transparent or semi-transparent openings shall use impact resistant, transparent or semi-clear sheeting material.

2.

As used herein, "sheeting material" or "sheeting" means a minimum of .177-inch thick clear or semi-clear shatterproof polycarbonate material with a strength capable of sustaining impact without breaking or shattering, absent excess force. For example, such polycarbonate material shall be capable of sustaining a human propelled brick without breaking or shattering. Examples of such sheeting strength yields would include strength yields equal or greater than American Society for Testing and Materials (ASTM) D638 Tensile Strength, Yield value 8000 psi. Sheeting shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing.

c.

The owner or party responsible for a vacant or unoccupied building shall obtain the appropriate building permits

d.

The Director or designee may approve and require, as deemed necessary, other minimum-security standards or boarding standards to adequately secure and prevent unauthorized entry or vandalism.

e.

The owner or party responsible for a vacant or unoccupied building required to register under this Article must file a statement letter with the Hayward Police Department for trespassing at the discretion of the Director.

f.

A vacant property with an active demolition permit on file with the City of Hayward Building Division, must have security fencing around the property perimeter and construction site until the demolition process has been completed or as otherwise determined by the Director or designee. All fencing must be maintained free of graffiti, deterioration, and disrepair at all times.

g.

Continuous physical monitoring by means of an onsite patrol shall be provided as determined by the Director or designee.

h.

All vacant buildings, appurtenances or parts thereof must be secured in a manner so as not to be accessible to unauthorized persons, including, but not limited to, the replacement of broken windows and the closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property.

i.

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

j.

A minimum of one "No Trespassing" sign in accordance with the Hayward Police Department sign and size requirements must be displayed along property frontage and visible to the public.

Property owners or responsible parties of vacant buildings and structures damaged as part of a fire incident or other emergency incident are required to complete the following mitigations to secure and prevent unauthorized access:

a.

Within forty-eight (48) hours of an emergency, unless otherwise directed by the City Manager or designee, secure all windows, doors, or openings with a minimum of ⅝" in thickness plywood material and 3-inch screws or nails. The emergency boarding will be effective for a maximum of thirty (30) days or as determined by the Director or designee.

b.

All utility services shall be terminated by notifying the utility service providers of the emergency incident, unless otherwise determined by the Director or designee.

c.

If a vacant or abandoned building is damaged by fire, the owner has ninety (90) days from the date of the fire to submit an application for restoration and obtain a building permit to start construction or demolition. The Director or designee may grant additional extensions, provided the owner can demonstrate substantial progress towards completing repairs.