Martinez Municipal Code Ch. 8.40 Regulation of Vacant Property

This Chapter shall be known as the vacant property ordinance of the City of Martinez.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The City of Martinez finds and declares that vacant property can attract vagrants, gang members and criminals and can be a prime location to conduct illegal activities; that vacant property can be a blight and cause deterioration and have a negative effect of property values; that vacant property can invite the accumulation of garbage, trash, discarded vehicles or boats, weeds, and other nuisance conditions; and that vacant property can pose a serious threat to the public's health, safety and welfare and therefore constitute a public nuisance.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The purpose of this ordinance is to identify vacant properties where nuisance conditions frequently occur and to require the proper securing of those properties to prevent additional nuisance conditions from occurring on the property.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

For purposes of this chapter, the following words and phrases have the following meanings:

A.

BUILDING OFFICIAL

Means the Director of the Building Department or his or her designated representative who is authorized and directed to enforce this chapter.

B.

NUISANCE CONDITION

Is one or more of the following conditions occurring on a vacant property:

Accumulation of substantial amounts of trash, debris, rubbish, or garbage;

Presence of discarded vehicles or boats, discarded trailers, vehicle or boat parts, vehicle or boat hulks, or other articles of personal property that are abandoned or left in a state of partial construction or repair;

Presence of an attractive nuisance dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;

Shopping carts, discarded household equipment, or broken or discarded furniture;

Any nuisance condition included in Section 8.36.030.

C.

OWNER

Means a 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 chapter are joint and several as to each owner.

D.

VACANT PROPERTY

Means any property that is unimproved and includes unimproved tracts, lots, easements, or parcels of land.

(Ord. 1306 C.S. § 1 Exh. A, 2003; Ord. No. 1478, 10/22/2025)

This Chapter applies to all property in the City of Martinez where any of the nuisance conditions specified in this Chapter exist.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

Every owner shall maintain property in accordance with the provisions of this Chapter and correct all violations of the standards listed in this Chapter, and is liable for violations of this Chapter regardless of any contract or agreement with any third party concerning the property.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. No owner shall maintain or allow the maintenance of vacant property in such a manner that any nuisance condition exists on the vacant property.

B. If a notice and order to abate has been transmitted to an owner, the vacant property must remain secured in accordance with this Chapter.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

Any vacant property that must be secured pursuant to this Chapter shall be secured according to the following specifications and requirements:

A. A fence that meets the specifications of the Building Department shall be erected on the vacant property;

B. One or more signs must be posted on the fence and must contain the following information:

DO NOT ENTER. It is illegal to enter or occupy this property or to remove or deface this notice. Trespassers will be prosecuted.

C. Any fence erected in accordance with this Section shall be maintained in a safe condition without tears, breaks, rust, or dangerous projections.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. Entry prohibited. It is unlawful for any person other than the owner, the Building Official, or a designated representative of the Building Official, to enter or occupy any vacant property that has been posted pursuant to Section 8.40.080 (B), except for a lawful 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 8.40.080 (B).

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The Building Official is authorized to administer and enforce this Chapter. The Building Official may promulgate rules and procedures implementing this Chapter.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

To the extent allowed by law and as outlined in Section 1.08.010, whenever necessary to enforce any provision of this Chapter, the Building Official, or his or her designated representative, may inspect any vacant property to determine whether it complies with applicable provisions and requirements of this code or of statutes or regulations enforced by the Building Official or to enter for the purpose of abatement.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. If the Building Official determines that any nuisance condition exists on a vacant property, the Building Official may transmit a notice to comply to the owner by first class mail or by personal service by an authorized representative of the Building Official.

B. The owner must remove or remedy the nuisance condition specified on the notice to comply within the time specified in the notice to comply.

C. The notice to comply will contain the following information:

1. The street address and such other description as is required to identify the property;

2. A statement of the nuisance condition existing on the vacant property;

3. An order that the owner remove or remedy the nuisance condition within 10 days of the date of the notice to comply;

4. A statement that if the nuisance condition is not removed within the time specified, the City of Martinez may issue a notice and order to abate ordering the securing of the vacant property;

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 and his or her right to appeal as provided in Chapter 1.13. D. If the 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 in excess of that set forth in the notice to comply. Any such additional period of time shall be in writing delivered in the same manner as the notice to comply.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. The Building Official may transmit a notice and order to abate to the owner by certified mail and posting at site, or by personal service by an authorized representative of the Building Official, if either of the following occur:

1. The nuisance condition specified in the notice to comply has not been removed or remedied within the time specified.

2. Any nuisance condition occurs or reoccurs on the vacant property within 12 months of the date of the notice to comply.

B. The owner must remove or remedy the nuisance condition specified in the notice and order to abate and secure the vacant property in accordance with the standards listed in Section 8.40.080 within 10 days of the transmittal date of the notice and order to abate or within a reasonable time specified by the Building Official.

C. The notice and order to abate will contain the following information:

1. The date and street address and such other description as is required to identify the property;

2. A statement that the nuisance condition specified in the notice to comply has not been removed or remedied within the time specified, or that a nuisance condition has occurred or reoccurred on the vacant property within 12 months of the date of the notice to comply;

3. An order that the owner remove or remedy the nuisance condition and secure the vacant property within the time specified in the notice and order to abate;

4. A statement that, if the vacant property is not secured in accordance with the standards listed in Section 8.40.080 within the time specified, the City of Martinez may seek compliance with any remedy allowed by this Code and any other remedy allowed by law. The statement will inform the owner that the City of Martinez may secure the vacant property and recover all costs, including the cost of the fence, from the owner;

5. A statement that the owner has the right to appeal as provided in Chapter 1.13. D. If more than 12 months have passed from the date of the first notice to comply and no notice and order to abate has been issued, no notice and order to abate will be issued until after another notice to comply has been issued in accordance with Section 8.40.120.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. If, after a notice and order to abate, a property owner fails to correct the violation in the manner and within the time specified in the notice and order to abate, the City of Martinez may seek compliance by any remedy allowed under this Code, including, but not limited to, securing of the vacant property (Section 8.40.150) and any other remedy allowed by law.

B. If a nuisance condition occurs on a secured vacant property, the City of Martinez may seek compliance by any remedy allowed under this Code, and any other remedy allowed by law.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. After issuing a notice and order to abate, the Building Official may secure the vacant property and recover costs as provided for in Section 8.40.200 if the owner does any of the following:

1. Fails to erect a fence in the manner and within the time specified in the notice and order to abate;

2. Fails to erect a fence that meets the specifications of Section 8.40.080;

3. Fails to maintain a fence in accordance with the provisions of Section 8.40.080.

B. If a notice and order to abate a substandard building includes an order to secure the property with a fence that meets the specifications of the Building Department, the Building Official may secure the vacant property and recover costs as provided for in Section 8.40.200 after abating the substandard building.

C. If a vacant property previously secured by the owner or Building Official again becomes unsecured within 24 months of any previous securing, the Building Official may resecure the vacant property and recover costs as provided for in Section 8.40.200. When re-securing a vacant property within 24 months of any previous securing, the Building Official is not required to transmit a notice and order to abate before re-securing the vacant property.

D. After securing or re-securing a vacant property, the Building Official will transmit a notice to the owner of the vacant property. The notice will be transmitted to the owner by certified mail and posted at the site or by personal service by an authorized representative of the Building Official. The notice will inform the owner that the vacant property must be maintained in a condition that complies with this Chapter.

E. If more than 24 months have passed from the date of a previous securing of a vacant property by the owner or Building Official, the Building Official will not secure or re-secure the vacant property until after a notice to comply and notice and order to abate have been issued in accordance with this Chapter.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The failure of a person to receive a properly addressed notice shall not affect the validity of the proceedings.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The Building Official may periodically reinspect vacant properties to ensure compliance with this Chapter and all applicable court and administrative orders.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

Nothing in this Chapter prohibits the summary abatement of a nuisance.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The property owner may appeal any determination of the Building Official made pursuant to this Chapter as provided in Chapter 1.13.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

A. Abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien. Abatement costs include the cost of materials including the fence, the cost to perform the actual work, and all administrative costs.

B. Summary abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien. Summary abatement costs include the cost of materials including the fence, the cost to perform the actual work, and all administrative costs.

(Ord. 1306 C.S. § 1 Exh. A, 2003)

The fee for any reinspection shall be an amount established by the City of Martinez in the Building Department's fee schedule adopted by the City Council.

(Ord. 1306 C.S. § 1 Exh. A, 2003)