Chapter 15.44 — NEGLECTED VACANT STRUCTURE

A neglected vacant structure is a structure which is vacant and is not maintained in accordance with the provisions of this chapter.

(Ord. 1373 § 1, 2007)

• A. "Vacant structure" means a residential or commercial building which has remained unoccupied for a period of more than thirty days. The definition includes manufactured housing or mobile homes located in a mobile home park.

• B. A structure not deemed to be vacant for purposes of this chapter if any of the following circumstances exist:

  1. Any unit or portion of the structure is occupied;

  2. Any other structure on the same lot is occupied;

  3. Construction or alteration is in progress pursuant to a valid, unexpired building permit.

• (Ord. 1373 § 1, 2007)

For purposes of this chapter, "director" means the director of public works or the police chief. Except as otherwise provided herein, the director shall have the authority to enforce the provisions of this chapter.

(Ord. 1373 § 1, 2007)

It is unlawful and a misdemeanor for any person who owns, controls, or is the responsible agent of a vacant structure to maintain, or cause or permit the maintenance of the vacant structure in a neglected condition.

(Ord. 1373 § 1, 2007)

A neglected vacant structure shall constitute a public nuisance. (Ord. 1373 § 1, 2007)

• A. All vacant structures shall be maintained in a structurally sound condition.

• B. All electrical, natural gas, sanitary and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety.

• (Ord. 1373 § 1, 2007)

• A. All vacant structures shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.

• B. No vacant structure or portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.

• C. Heating facilities or heating equipment in vacant structures shall either be removed or maintained in accordance with applicable codes or ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.

• (Ord. 1373 § 1, 2007)

• A. All vacant structures shall be maintained in a way which secures it from any unauthorized entry.

• B. The owner or responsible agent of a vacant structure which has suffered and unauthorized entry must provide security which meets the following minimum standards:

  1. All windows and sliding doors shall provide either intact glazing or boarded as set forth in the specifications on file with the Manteca police department;

  2. Doors and service openings with thresholds located ten feet or less above the grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt or boarded as set forth in the specifications on file with the Manteca police department;

  3. Exterior doors, if openable, may be closed from the interior of the structure by toe nailing them to the door frame using 10D or 16D galvanized nails;

  4. There shall be at least one operable door into each structure and into each housing unit. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or deadlatch;

  5. All locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of three-quarter inch CDX plywood and shall be equipped with a lock as described above.

• (Ord. 1373 § 1, 2007)

All vacant structures including all adjoining yard areas shall be maintained free of debris, combustible materials, litter and garbage.

(Ord. 1373 § 1, 2007)

• A. All vacant structures must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti.

• B. All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finishes, in the same color or similar color as the adjoining areas, to weatherproof the vacant structure and to create a sufficient appearance of repair to deter unauthorized occupation.

• C. The exterior of the vacant structure property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety.

• (Ord. 1373 § 1, 2007)

• A. Summary abatement shall be executed when the enforcement official determines that the public nuisance constitutes an immediate and/or imminent peril to public health, safety or general welfare.

• B. Summary abatement is the abatement of the nuisance by the city, or a contractor of the city, by removal, demolition, repair or other acts with or without notice to the owner, agent or occupant of the property. The abatement shall be at the expense of the person causing, committing or maintaining the nuisance or the owner of the property on which it is occurring and shall constitute a lien against the property.

• (Ord. 1373 § 1, 2007)

If the nuisance is of a nonemergency nature, and the majority of the city council concurs during open session of a noticed public meeting that the nuisance violates this chapter the nuisance may be abated as set forth in Section 17.53.030 et seq. of this code.

(Ord. 1373 § 1, 2007)