Article VII — REGULATION OF VACANT STRUCTURES

Editor's note— Ord. No. 2824, § 1, adopted June 19, 2007, added provisions designated as Art. VIII, §§ 5- 30—5-37, of the Code. Inasmuch as Art. VIII currently exists in the Code and former Art. VII had been repealed by Ord. No. 2861, § 8, adopted Feb. 19, 2008, provisions of Ord. No. 2824 have been redesignated as Art. VII, §§ 5-30—5-39. Formerly, Art. VII pertained to potentially hazardous unreinforced masonry buildings and derived from Ord. No. 1905, § 1, adopted Dec. 19, 1989.

The Board of Supervisors declares that vacant structures attract vagrants and criminals

as prime locations to conduct illegal activities; that vacant and improperly secured structures are vulnerable to arson; that vacant structures are open to unauthorized entry; that vacant structures are a blight and cause deterioration and instability in neighborhoods; that vacant structures invite the dumping of garbage and trash; and that vacant structures pose serious threats to the public's health and safety and therefore constitute public nuisances.

The purpose of this article is to require that vacant structures in the unincorporated areas of

the County are properly secured and boarded during temporary periods of vacancy pursuant to a permit, and that dwellings and buildings do not remain vacant and unoccupied for appreciable periods of time.

This article applies to all property in the unincorporated areas of the County where any of

the conditions specified in this article exists.

For the purposes of this article, the following words shall have the following meaning, unless a different meaning is specifically provided for in this article.

31.1

The Board of Supervisors means the Lake County Board of Supervisors

31.2

Chapter 13 means The Lake County Code, Chapter 13 Sections 13-1 through 13-54, Nuisances

31.2

County Building Official means the Chief Building Official and his or her designated representative charged with enforcement of the County Building Code.

31.3

Community Development Director or Director means the Community Development Director of the County of Lake or his or her designated representatives, which may include but are not limited to Chief Building Official, Code Enforcement Manager, Code Enforcement Officers, Building Inspectors, Building Plans Examiners and Planners.

31.4

Property Owner or Owner means any person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, "owner" refers to each entity holding any portion of the fee interest in the property, and the owners' obligations in this article are joint and several as to each other.

31.5

Property means all real property including, but not limited to, the entire premises, parking lots, sidewalks, gutters, driveways, walkways and shall include any building and structure located on such property.

31.6

Vacant Structure means any building, dwelling, manufactured home, or other structures: (1) that is lacking habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and (2) whose doors, windows or other openings are broken or missing, so as to allow uncontrolled access to the interior or exposure to the elements.

(Ord. No. 2824, § 1, 6-19-2007)

The Community Development Director is authorized to administer and enforce this article.

The Community Development Director may promulgate rules and procedures implementing this article.

To the extent allowed by law, whenever necessary to enforce any provision of this

chapter or, if the Community Development Director has reasonable cause to believe a violation of this chapter exists, the Community Development Director or his or her designated representatives may inspect any vacant structure and its associated premises to determine whether said structure or premises complies with applicable provisions and the requirements of this article, or of statutes or regulations enforced by the County, or to enter for the purpose of abatement as provided in Chapter 13 of the Lake County Code.

(Ord. No. 2824, § 1, 6-19-2007)

Every owner shall maintain property in accordance with the provisions of

this chapter and correct all violations of the standards listed in this article, and is liable for violations for this article regardless of any contract or agreement with any third party concerning the property.

(Ord. No. 2824, § 1, 6-19-2007)

It is unlawful for an owner to maintain property or to permit property to be

maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist:

(a)

Any vacant structure that is not secured by boarding in compliance with Section 5-35;

(b)

Any vacant structure whose interior contains any waste, rubbish, or debris;

(c)

Any vacant structure whose premises contain any waste, rubbish, debris, or excessive vegetation;

(d)

Any vacant structure whose doors, windows or other openings are secured by boarding in compliance with Section 5-35 or by any other method permitted by Section 5-35, at any time at which there is no current and valid boarding permit as required by Section 5-37.

(Ord. No. 2824, § 1, 6-19-2007)

Except as provided in Section 5-35.1(j), the owner shall secure a

vacant structure according to all of the following specifications and requirements:

(a)

Remove all waste, rubbish or debris from the interior of the structure;

(b)

Remove all waste, rubbish, debris or excessive vegetation from the premises surrounding the vacant structure;

(c)

Barricade all unsecured doorways, windows, or exterior openings with minimum five-eighths (⅝) inch thickness exterior grade plywood which shall extend to the molding stops or studs;

(d)

Mount at least two (2) wood stocks of minimum two by four (2×4) inch thickness to the reverse face of the plywood with minimum three-eighths (⅜) inch carriage bolts mated with nuts and two (2) flat washers;

(e)

Extend the stock a minimum of eight (8) inches on each side of the interior wall;

(f)

Paint all exterior barricade material the predominant color of the structure;

(g)

Terminate all utility service to the dwelling or building by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the County Building Official as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit;

(h)

If applicable, cap the sewer in a manner approved by the County Building Official to prevent the accumulation of methane gas in the dwelling or building;

(i)

Post the premises. One or more laminated signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information:

"DO NOT ENTER. It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (Lake County Building Code Sections 5-14, 5-36.1 and Penal Code Sections 602.5 and 616)"

(j)

The County Building Official may require the owner to erect a fence that meets the specifications of the Building Inspection Department on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances;

(k)

In lieu of requiring the owner to board a vacant structure as set forth in Sections 5-35.1 (a) through (j), the County Building Official may allow the owner to board the vacant structure in a manner that the County

Building Official determines adequately prevents unauthorized entry or vandalism. In any event, an owner shall post the premises as set forth in this section.

(Ord. No. 2824, § 1, 6-19-2007)

(a)

Entry Prohibited. It is unlawful for any person to enter or occupy any structure or premises that has been posted pursuant to Section 5-35.1(i), except to repair or demolish the structure under proper permit or for the purpose authorized by the owner.

(b)

Interference with Notice Prohibited. It is unlawful for any person to remove or deface any notice posted pursuant to Section 5-35.1(i) until all the required repairs or demolition have been completed or a certificate of occupancy has been issued.

(Ord. No. 2824, § 1, 6-19-2007)

A permit shall be required to secure a vacant

dwelling or building per all of the following conditions:

(a)

No owner of a vacant structure shall install, place or maintain boards over the doors, windows or other openings of any vacant structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the dwelling or building without having first applied for and received a boarding permit from the County Building Official.

(b)

An owner of a vacant structure must apply to the County Building Official for a boarding permit within thirty (30) days after the structure becomes vacant.

(c)

The application for a boarding permit shall include all of the following information:

(1)

The expected period of vacancy;

(2)

A plan for regular maintenance during a period of vacancy;

(3)

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

(d)

The County Building Official will issue a boarding permit required by subsection (a) upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee.

(e)

The owner of a vacant structure must board or otherwise secure the vacant structure in compliance with Section 5-35 within ten (10) days of receiving a boarding permit. The County Building Official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with Section 5-35.1

(f)

The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six (6) months from the date of issuance.

(g)

The owner of the structure may renew the boarding permit after the initial period for up to an additional six (6) months, upon submission of a written application. The submission of the application must occur no later than ten (10) business days before the original permit expires, upon the payment of the required fee and upon the confirmation through inspection by the County Building Official that the boarding or other method of securing the structure has been completed in accordance with Section 5-35.1(k). The application shall include the information required by 5-37.1(c).

(h)

A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the County Building Official within one year of the expiration date of the prior permit, unless all the following occur:

(1)

The owner of the structure submits a written application for extension that includes information required by subsection (c);

(2)

The owner of the structure pays the required fee;

(3)

The County Building Official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with Section 5-35.1.

(4)

Good cause for the renewal exists. "Good cause" shall require a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, "good cause" shall also require a showing by the owner that he or she has exercised reasonable and due diligence in attempting to complete the needed repair, rehabilitation or correction or in attempting to sell the property. If the County Building Official determines that good cause exists to renew the permit and that all other conditions are met, the permit may be renewed by the County Building Official for a period of up to, but not more than, an additional three (3) months, subject to all of the same conditions imposed on the original renewal permit.

(Ord. No. 2824, § 1, 6-19-2007)

If the County Building Official determines that a violation of this Article exists, the

County Building Official may transmit a Notice of Nuisance to the owner by first class mail or by personal service by an authorized representative of the County Building Official, in accordance with Section 13-6 of the Lake County Code.

(a)

The Notice of Nuisance shall contain the following information:

(1)

The street address, legal description, or other description as is required to identify the property;

(2)

A statement of the conditions constituting the violation;

(3)

An order that the owner obtain a boarding permit within thirty (30) days of the date of the notice to comply, and board or otherwise secure the vacant structure in compliance with [this] section within ten (10) days of receiving the boarding permit. The order may require the owner to erect a fence in accordance with Section 5-35.1(j).

(4)

A statement that, if the vacant structure is not boarded or otherwise secured within the time specified, the county may seek compliance with any remedy allowed by this Code and any other remedy allowed by law, including the securing, repair, rehabilitation, demolition, or removal of the vacant structure;

(5)

A statement that the owner has the right to submit in writing any information relating to a determination of the existence of a violation. If the County Building Official determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation.

The remedies provided in this article are cumulative, and shall be in addition to any other

remedies provided by law. Nothing in this article shall be deemed to prevent the County from commencing any other available civil or criminal proceeding to abate a nuisance under applicable provisions of state or other law.

(a)

If, after a Notice of Nuisance, a property owner fails to correct the violation within the time allowed, the county may seek compliance by any remedy allowed under this article or other County Codes, including but not limited to, securing of the vacant structure pursuant to Section 5-35, administrative penalties (Lake County Code, Chapter 13, Article IV), abatement (Lake County Code, Chapter 13), all other remedies listed in Chapter 13, and any other remedy allowed by law.

(b)

Nothing in this article shall be construed as requiring the securing of a substandard vacant structure prior to an abatement of the building under Chapter 13.

(c)

If a substandard building becomes a vacant structure before or during abatement, the Notice to Abate Nuisance may require securing of the building in accordance with the standards set forth in Section 5-35.

The County may secure the unsecured structure if the property owner fails to

correct the violation within the time allowed.

(a)

If, after a Notice of Nuisance, an owner fails to correct the violation within the time allowed, the County Building Official may issue a boarding permit in the name of the owner, secure the property, erect a fence, and recover costs.

(b)

After securing the vacant structure, the County Building Official will transmit a notice to the owner of the subject property. The notice will be transmitted to the owner by certified mail and posting as set forth in Chapter 13,

(1)

The boarding permit is effective for six (6) months.

(2)

Prior to the expiration of the six (6) month period, the structure must be lawfully occupied, rehabilitated or demolished, or alternatively be sold to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the sale within the six (6) month period.

(3)

The owner must maintain the boarding in a condition that complies with this article.

(4)

If the County Building Official erects a fence, the notice will inform the owner that the owner must maintain the fence in a condition that complies with this article.

(c)

If a vacant structure previously secured by the owner or County Building Official in accordance with a Notice of Nuisance again becomes unsecured and open to unauthorized entry, the County Building Official may seek compliance by any remedy allowed under this Code, including, but not limited to, securing of the vacant structure pursuant to Section 5-35, administrative penalties (Chapter 13, Article VII), abatement (Chapter 13), all other remedies listed in Chapter 13, and any other remedy allowed by law. Abatement pursuant to Chapter 13 includes the repair, rehabilitation, demolition or removal of a substandard building.

(d)

If the premises surrounding a vacant structure again contain debris, rubbish, waste or excessive vegetation, the County Building Official may, without further notice to the owner, proceed to remove the debris, rubbish, waste or excessive vegetation and recover costs as provided for this article.

The failure of the Building Official to serve any person with a Notice of Nuisance, or

any other notices required herein to be served, shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this article. The failure of any person served pursuant to this article to actually receive, read, and/or review any such notices and/or orders shall not affect the validity of any proceedings taken under this chapter.

The County Building Official may periodically reinspect vacant structures to ensure

compliance with this article and all applicable court and administrative orders.

(Ord. No. 2824, § 1, 6-19-2007)

The costs may be recovered against the subject property as a lien in accordance with Chapter

13, Article VI of the Lake County Code.

(a)

Abatement costs may be recovered by way of assessment against the subject property as a lien in accordance with Chapter 13, Article VI of the Lake County Code. Abatement costs include the cost to

perform the actual work, the cost of materials, and all administrative costs.

The fee for any initial boarding permit and any renewal boarding permit shall be an

amount established by the Board of Supervisors in the Building and Safety Division's fee schedule adopted pursuant to Section 5-9 of this chapter.

The fee for any reinspection shall be an amount established by the Board of

Supervisors in the Building and Safety Division's fee scheduled adopted pursuant to Section 5-9 of this Code.

(Ord. No. 2824, § 1, 6-19-2007)