Madera Municipal Code Ch. 12 Vacant Buildings

Vacant buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant, substandard, or unkempt buildings discourage economic development and retard appreciation of property values. Vacant buildings are potential fire hazards and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant building which is not actively and well maintained and managed can be the core and cause of spreading blight.

(Ord. 877 C.S., passed 9-15-10)

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARDED BUILDING. A vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the vacant building by persons or animals.

BUILDING. Any structure including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's zoning ordinance.

BUILDING OFFICIAL. The Director of the Department of Building and Safety for the city, or the designee of the Director of Building and Safety.

EVIDENCE OF VACANCY. Any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable person to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

LOCAL. Within 40 driving miles of the building, structure or real property in question.

OUT OF AREA. In excess of 40 road or driving miles of the subject property.

OWNER. Any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.

OWNER OF RECORD. The person holding recorded title to the real property in question at any point in time when official records are produced by the Madera County Recorder's office.

VACANT BUILDING. An unoccupied or an illegally occupied structure or an occupied structure without adequate facilities/utilities.

(Ord. 877 C.S., passed 9-15-10)

No person, corporation, or other entity shall allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the Neighborhood Preservation Manager or his/her designee that one or more of the following applies:

(A) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;

(B) The building meets all applicable codes, is actively maintained, and is ready for occupancy, and is actively being offered for sale, lease or rent;

(C) The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

(1) Maintenance of landscaping and plant materials in good condition;

(2) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this code;

(3) All signage shall be maintained in compliance with Chapter 10-6 of this code;

(4) Regular removal of all exterior trash, debris and graffiti;

(5) Maintenance of the building in continuing compliance with all applicable codes and regulations;

(6) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity;

(7) Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, 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 and or structure(s). In the case of broken windows, securing includes the replacement of the broken window. Alternatively, structures on the property may be boarded as set forth in § 9-12.04.

(Ord. 877 C.S., passed 9-15-10)

Vacant buildings must be secured using exterior grade plywood which is at least one-half inch or thicker, fastened to the building in such a manner as to prevent unauthorized removal of the boarding material, and which will prohibit entry by unauthorized persons. All wood used to secure vacant buildings must be painted to match the paint on the structure. If the structure is multicolored, the paint should match the predominant color on the wall on which it is located.

(Ord. 877 C.S., passed 9-15-10)

(A) Within ten business days of identification of any vacant property, or owner's actual knowledge of any vacant property, the owner, or owner of record, must register the property with the City Finance Department.

(B) The registration pursuant to subsection (A) shall contain the identity of the owner, or owner of record, and in the case of a corporate or out of area owner or owner of record, the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question.

(C) The registration pursuant to subsection (A) shall be renewed annually.

(D) An annual registration fee, as set by resolution of the City Council, shall accompany the submission of each registration form. The fee and registration shall be valid for one year from the date of registration.

(E) Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant.

(F) Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must notify the Neighborhood Revitalization Department in writing of any change of information contained in the registration within ten days of the change.

(G) The duties/obligations specified in this section shall be joint and several among and between all owners or owners of record, and their respective agents, successors, and assigns.

(Ord. 877 C.S., passed 9-15-10)

The fee for registering and re-registering a vacant property shall be set, from time to time, by resolution of the City Council. The amount of the fee charges shall not exceed the reasonable estimated cost of administering the provisions of this chapter.

(Ord. 877 C.S., passed 9-15-10)

(A) Authority. The Neighborhood Preservation Manager or his or her designee shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city. The program shall be documented and regularly updated. The program shall be available for public review.

(B) Purposes. The purposes of the monitoring program shall be:

(1) To identify buildings which become vacant as defined in this chapter;

(2) To order vacant buildings which are open and accessible to be secured against unlawful entry;

(3) To initiate proceedings against the owner and/or the owner of record of any vacant building found to be substandard as defined in this title or a nuisance under Title 10 of this code; and

(4) To maintain surveillance over vacant buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a nuisance.

(Ord. 877 C.S., passed 9-15-10)

Penalty. Any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor.

(Ord. 877 C.S., passed 9-15-10)