Martinez Municipal Code Ch. 8.38 Vacant Commercial Structures

[1]

Editor's Note: Prior legislation: Ord. 1306 C.S., 2003; Ord. 1340 C.S., 2007.

The City Council finds and declares that improperly maintained and secured vacant commercial structures attract a range of negative elements, including vagrants, thieves, vandals, rodents, and individuals involved in illegal activities; that vacant and improperly secured commercial structures are vulnerable to being set on fire by unauthorized persons; that improperly maintained and secured vacant commercial structures are a blight and cause deterioration and instability in neighborhoods; that improperly maintained and secured vacant commercial structures invite the dumping of garbage and trash; and that improperly maintained and secured vacant commercial structures pose serious threats to the public's health and safety and therefore constitute public nuisances.

(Ord. No. 1478, 10/22/2025)

The purpose of this chapter is to require vacant commercial structures in the City of Martinez be properly maintained and secured during periods of vacancy with the goal that commercial structures do not remain vacant and unoccupied for extended periods of time without proper regulation.

(Ord. No. 1478, 10/22/2025)

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

A.

BUILDING OFFICIAL

Means the Director of the Building Division or designee who is authorized and directed to enforce this chapter.

B.

COMMERCIAL or COMMERCIAL USE

Means activities related to business, trade, the provision of services, or other economic activity, such as retail stores, offices, restaurants, and other establishments where goods or services are bought, sold, or exchanged.

C.

EVIDENCE OF VACANCY

Means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; inactive utilities; statements by neighbors, passers-by, delivery agents or other officials; lack of response to notices; returned or forwarded mail; unsecured doors; absence of, or condition of, personal belongings on the property; habitation by trespassers; lack of marketing for purposes of selling or renting the property; lack of a current, valid lease with an active and/or present tenant or lessor for a legal and Code compliant use of the property; etc.

D.

PROPERTY OWNER or OWNER

Means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property as shown on the latest equalized assessment roll of Contra Costa County or as otherwise known to the Building Official by virtue of more recent and reliable information. 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.

E.

PROPERTY

Includes tracts, improved lots, easements, or improved parcels of land, and any and all improvements thereon.

F.

READY FOR OCCUPANCY

Means that a commercial structure complies with all applicable building, fire, health, zoning, and safety codes and regulations; is in a condition suitable for immediate use or lease without the need for substantial repairs, alterations, or improvements (except for tenant improvements pursuant to the terms of proposed or actual lease); and is being actively offered for sale, lease, or rent. The structure shall have all necessary utilities available and operational, including but not limited to electricity, water, and heating/cooling systems, and free from any hazardous conditions or code violations that would preclude lawful occupancy.

G.

VACANT COMMERCIAL STRUCTURE

Means any building, structure, or portion thereof used or permitted for commercial uses or mixed-use commercial activities, that shows evidence of vacancy and is not ready for occupancy.

(Ord. No. 1478, 10/22/2025)

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

(Ord. No. 1478, 10/22/2025)

Every property owner shall maintain vacant commercial 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. No. 1478, 10/22/2025)

Vacant commercial structures are declared to be a public nuisance subject to abatement, unless the property owner establishes by substantial evidence to the reasonable satisfaction of the Building Official that one of the following applies:

A. The structure and the property on which the structure is located complies with this Code and is ready for occupancy, subject to all provisions and exceptions contained herein; or

B. The structure is the subject of an active planning entitlement and/or building permit for repair, rehabilitation, or renovation and the property owner is progressing diligently to complete the repair, rehabilitation, or renovation with regular inspections by the Building Official. The building permit must have been issued within one calendar year, unless the Building Official determines good cause exists to grant additional time for completion, in no event no more than one additional calendar year. "Good cause" shall require a factual showing by the property owner, satisfactory to the Building Official in his or her sole discretion, that (1) additional time is made necessary by conditions or events beyond the property owner's control, such as unanticipated delays in construction or unanticipated damage to property, and that (2) the property owner has exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the building or property, as determined by the Building Official.

(Ord. No. 1478, 10/22/2025)

A. The property owner of any commercial structure that is vacant shall register the property with the City.

B. Registration shall be made within 90 days of a commercial structure becoming vacant.

C. Property owners shall register their vacant commercial structures by submitting the registration form prescribed by the Building Official, accompanied by the annual registration fee established by resolution of the City Council, to the Building Division. Co-property owners may register using a single registration form. The registration form shall contain, at a minimum, the following information:

1. The name, mailing address, telephone number, and email address of the property owner(s);

2. The name, mailing address, telephone number, and email address of a local property management service provider or other responsible party accountable for the security and maintenance of the real property;

3. The name, mailing address, telephone number, and email address of any realtor who has been engaged to market the structure or real property, as applicable;

4. The expected period of vacancy;

5. A detailed plan for the security and regular maintenance of the structure and the property on which the structure sits during the period of vacancy;

6. Written acknowledgment that the Vacant Commercial Structure Registry is a public record subject to disclosure pursuant to the California Public Records Act (Cal. Gov't. Code, § 7920.000, et seq.); and

7. Written consent permitting City personnel to conduct periodic inspections and necessary re-inspections of the structure and the property on which the structure sits, following reasonable notice and subject to applicable fees, to determine compliance with this chapter and any other relevant ordinances of the City or State law.

D. Persons required to register pursuant to this chapter shall also report in writing to the City any change of information contained in the registration form within 10 calendar days of the change.

E. When the property on which a vacant commercial structure subject to registration pursuant to this chapter sits is transferred to a new property owner, the City shall be notified in writing within 10 calendar days of the transfer of title. The new property owner shall submit a registration form containing, at a minimum, all the information required by subsection C of this section, accompanied by the registration fee as set by City Council resolution, within 10 calendar days of the transfer.

F. If the Building Official determines a vacant commercial structure has not been registered as required by this section, then the Building Official shall send a notice requiring the property owner of the vacant commercial structure to register the structure within 10 calendar days of receipt of the Notice to Register. Such Notice to Register shall include a statement that the property owner has the right to submit in writing any information relating to a determination of vacancy and the right to appeal the determination of vacancy to the City Council within 10 calendar days of receipt thereof following the form, content, and procedures provided in Chapter 1.15 (Administrative Citations).

G. A property owner may appeal a determination of vacancy to the City Council by filing a notice of appeal with the City Clerk's Office within 10 calendar days of receipt of a Notice to Register, following the form, content, and procedures provided in Chapter 1.15 (Administrative Citations). The City Council's determination shall be final.

H. If a property owner fails to timely file an appeal, or if the City Council has rendered a final determination on appeal and the property owner thereafter fails to register the property within 10 calendar days of such final determination, the Building Official is authorized to cause the property owner and the subject property to be listed on the Vacant Commercial Structure Registry without further notice to the property owner. Such registration shall have the same force and effect as if the property owner had voluntarily registered the property.

I. A property owner may be relieved from the obligation to register if the property owner establishes by substantial evidence to the reasonable satisfaction of the Building Official that one of the following applies:

1. The structure is physically occupied, inhabited, and in use; or

2. The structure and the property on which the structure is located complies with this Code and is ready for occupancy.

J. The fee for registration and for any re-inspections necessary to confirm compliance with this chapter shall be paid upon registration and annually thereafter in an amount established by the City of Martinez in the fee schedule as adopted by the City Council.

K. In addition to other criminal and civil remedies available to the City, a property owner who fails to register property in accordance with this section shall be subject to an administrative penalty of $500 for the first violation. Thereafter, the property owner shall be subject to an additional fine of $1,000 for every 30 days the property remains subject to registration but has not been registered in accordance with this section.

(Ord. No. 1478, 10/22/2025)

The property owner shall secure and maintain a vacant commercial structure according to all the following specifications and requirements:

A. Maintain the vacant commercial building such that it complies with all applicable building, fire, health, zoning, and safety codes and regulations.

B. Remove all waste, rubbish, and/or debris from the interior of the vacant commercial structure.

C. Remove all waste, rubbish, debris, and/or dead, dying, or overgrown vegetation from the premises surrounding the vacant commercial structure.

D. Remove all accumulations of newspapers, circulars, flyers, notices, or other printed material that give the appearance that the structure is vacant (except those required by federal, state, or local law).

E. Lock, secure, and maintain all doors and windows in good, working condition.

F. Replace or temporarily board, barricade, and secure any broken, cracked, missing, or unsecured doors, windows, or exterior openings in accordance with the following specifications and requirements:

1. Barricade all unsecured doorways, windows, or exterior openings with minimum 1/2 inch thickness exterior grade plywood which shall extend to the molding stops or studs.

2. Mount at least two wood stocks of minimum 2x4 inch thickness to the reverse face of the plywood with minimum 3/8 inch carriage bolts mated with nuts and two flat washers.

3. Extend the wood stock a minimum of eight inches on each side of the interior wall.

4. If boarding materials will be in place for longer than 30 days, paint all exterior barricade and/or boarding material in a paint color matching the color of the exterior of the building or trim thereon.

5. No commercial structure may have a boarded door, window, or exterior opening for a period of more than 90 days unless the Building Official authorizes a longer period in writing.

6. In lieu of requiring the property owner to board a vacant commercial structure as set forth above, the Building Official may allow the property owner to board the structure in a manner that the Building Official determines adequately prevents unauthorized entry or vandalism.

G. Ensure all exterior door hardware utilizes corrosion-resistant finishes certified to meet or exceed Builders Hardware Manufacturer's Association (BHMA) or American Society of Testing and Materials (ASTM) standards.

H. If applicable, cap the sewer in a manner approved by the Building Official to prevent the accumulation of methane gas in the structure.

I. If required by the Building Official, terminate utility services to the structure.

J. Actively monitor and inspect no less than once every 90 days the structure, and the property on which the structure sits, to ensure:

1. Landscaping and plant material is maintained and kept in good condition;

2. The exterior of the structure, including but not limited to paint, roofing, and finishes, are maintained and kept in good condition;

3. All exterior trash, debris, and graffiti are promptly removed; and

4. Criminal activity does not occur on the premises, including but not limited to use and sale of controlled substances, prostitution, criminal street activity, vandalism, loitering, or trespassing.

K. If required by the Building Official, the property owner shall erect a temporary or permanent fence that meets the specifications of the Building Division and Planning Division on the property where the vacant commercial 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.

L. Remove signage advertising or announcing the presence of abandoned commercial uses and/or commercial uses that are no longer present on-site, except when authorized to remain by the Planning Manager, Building Official, or designee thereof.

M. Install and maintain in good operating condition security measures, approved by the Building Official, such as alarm systems, video systems, night security lighting, and security guard or inspection services as necessary to prevent access by unauthorized persons and deter unlawful activity on site. The use of guard dogs, untended security alarms, or other security measures tending to disturb the public peace and quiet enjoyment of property shall be prohibited.

N. Retain the services of a local property management company that shall be responsible for the security, maintenance, and marketing of the property, as applicable.

O. Cause the vacant commercial building to be inspected by the Building Official no less than once every 90 days.

P. Construct and maintain at least one of the following types of displays on or inside all ground-floor windows visible from public rights-of-way or public places:

1. Temporary faux window dressings containing permitted goods or services with the appearance of a vibrant business using background panels or other methods to screen views of the vacant commercial space from public rights-of-way and public places; or

2. Temporary faux window dressing containing promotions for upcoming City-sponsored events; or

3. Temporary works of art, including paintings, photographs, or sculptures or other displays of cultural, historical, seasonal, local, or educational value, utilizing colorful and vibrant materials, and using background panels or other methods to screen views of the vacant commercial space from public rights- of-way and public places; or

4. Temporary paintings or other temporary window dressings applied directly to the window surface featuring visually appealing, colorful, vibrant scenes, shapes, or images visible from public rights-of-way and public places; or

5. Other measures approved by the Building Official or designee in writing that achieve the purposes of this chapter, to avoid visual blight and enliven pedestrian experiences.

Q. A window display required by subsection P of this section shall occupy at least 75% of the window area and be replaced and updated at least once every six months while the commercial building remains vacant.

R. Post a sign providing the name and contact phone number of the property owner, or the service provider or agent of the property owner, responsible for the required inspection, maintenance, and reporting obligations. The sign shall be a minimum of 17 inches x 22 inches in size and shall consist of white lettering no smaller than one inch in height on a contrasting background. The sign shall be weatherproof in design. The sign shall provide the contact's name and phone number, along with the words, "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or substantially similar words. The sign shall be placed at the front of the property in a conspicuous location and shall be maintained in good condition at all times.

S. Maintain adequate liability insurance coverage. The property owner shall maintain liability insurance coverage on the property with minimum coverage amount of $1,000,000 of general liability coverage. The City Manager or designee may lower or waive the coverage amount in their reasonable discretion.

T. Maintain any and all records or documents evidencing or relating to compliance with this chapter throughout the period of vacancy, including but not limited to records of adequate insurance coverage, security and/or monitoring services, maintenance records, and inspection reports. All such documents shall be made available for inspection, audit, and/or copying by the City during regular business hours upon 48 hours' request by the Building Official.

(Ord. No. 1478, 10/22/2025)

It is unlawful for any person, other than the property owner or an authorized agent thereof, to enter or occupy any vacant commercial structure without consent of the property owner except to inspect, repair, or demolish the structure under proper permit or for a purpose authorized by the property owner.

(Ord. No. 1478, 10/22/2025)

The Building Official is authorized to administer and enforce this chapter. The Building Official may promulgate rules and procedures implementing this chapter consistent with its terms.

(Ord. No. 1478, 10/22/2025)

To the extent allowed by law and as outlined in Section 1.08.010, whenever necessary to enforce any provision of this chapter or, whenever the Building Official has reasonable cause to believe that a violation of this chapter exists, the Building Official may inspect any vacant commercial structure and its associated premises to determine whether the structure or its premises complies with applicable provisions and requirements of this Code or of statutes or regulations enforced by the Building Official.

(Ord. No. 1478, 10/22/2025)

A. To ensure that potential historic resources are properly evaluated before they are demolished, owners of vacant commercial structures which were constructed 50 years or more prior to the date of application for a demolition permit shall be required to obtain a discretionary demolition permit from the City's Building Division in accordance with this section.

B. For purposes of this section, "demolition" is defined as the destruction and removal, in part or in whole, of the foundation, exterior walls, roof structure, exterior framing, exterior siding and/or finish cladding material, porches, chimney and/or architectural details.

C. Any application for a discretionary demolition permit shall be accompanied by:

1. A written historic assessment or survey prepared by a qualified architectural historian certified to meet the Secretary of the Interior's Professional Qualifications Standards which concludes that the property proposed to be demolished is not classified under the California Historical Resource Status Codes 1 to 5; and

2. An application for a replacement development project consistent with the standards and requirements of the applicable zoning district; and

3. A signed affidavit attesting to the posting of a sign at least three feet by four feet in size, located in a conspicuous place on the property abutting a public street or alley, identifying the property as the subject of an application for a demolition permit.

Both the discretionary demolition permit and the application for the replacement development project shall be reviewed concurrently and no discretionary demolition permit shall be approved unless and until the replacement development project is approved. The reviewing body for a demolition permit shall be the same body or individual that would review and approve the accompanying replacement development project.

D. A discretionary demolition permit may be approved if the reviewing authority makes one of the following determinations:

1. The structure proposed to be demolished is neither designated on the national, state, or local list of historic resources nor eligible for designation as an individual resource, and the replacement development project is approved; or

2. The City Engineer or Building Official or designee thereof has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety.

E. Exceptions. The following applications do not require a discretionary demolition permit:

1. Demolition of any interior walls of any structure for the purpose of remodel, repair or maintenance, subject to any required permits;

2. Removal and replacement, subject to any required permits, of exterior windows, doors, roof covering, foundation, exterior siding and/or finish cladding material, porches, chimney, architectural details and other structural or decorative elements deemed by the Building Official to be minor alterations, where the materials used for maintenance and replacement do not materially alter the appearance, size or character of the existing structure; or

3. Any proposed demolition of a structure constructed less than 50 years from the date of the permit application.

4. The Building Official may rely on definitions and permitting processes in the Municipal Code to consider circumstances which do not meet the exact criteria defined in subsections E.1 through E.3 of this section to determine that a specific case meets the intent of one or more of the exceptions.

5. The Building Official may refer any applications that do not require a discretionary demolition permit to the Planning Commission if the Building Official determines in his or her sole discretion that the proposed development has the potential to result in significant impacts to the structure. In the event the Building Official refers an application to the Planning Commission, the Planning Commission shall follow the requirements for a discretionary demolition permit as set forth in this section.

6. Supportive housing, as defined in Cal. Gov't. Code. § 65650, shall be a use by right under Cal. Gov't. Code § 65651.

F. Before any demolition permit is granted, the application shall show, to the reasonable satisfaction of the Building Official, the existence of the following facts:

1. That the structure proposed for demolition:

a. Has no local, state or national historic significance as determined by the historic resource evaluation in the form of State of California Department of Parks and Recreation (DPR) Series 523 Forms pursuant to subsection D of this section; or

b. Is deemed to be eligible for local listing or designation under the California Historic Resource Codes 1 to 5, or a contributor to an existing or potential district, and all environmental review has been conducted, and/or a historical resource evaluation report with analysis of proposed alterations to determine if a proposed project would result in a substantial adverse change to a historical resource as defined in Section 15064.5(b) of the State [of] California Environmental Quality Act (CEQA) Guidelines, allowing the project to proceed with applicable permit requirements including, but not limited to: construction of a replacement structure in substantially similar architectural style and facade, maintenance of a plaque, photographs and/or publication describing the original structure and its local, state or national historic value, or other mitigation measures described in the environmental review document or the historical resources evaluation report; or

c. The city engineer or building official or his or her designee has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety;

2. That the proposed demolition activities will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

3. That there is a demonstrated need for the demolition activity requested;

4. That the result of the demolition activity is consistent with the objectives of the general plan; and

5. That the public interest, convenience, and necessity require that the demolition activity be undertaken at the location requested.

G. An applicant who does not qualify for a discretionary demolition permit under this section may apply for a certificate of economic hardship as follows:

1. The owner shall have the burden of proof to show, by clear and convincing evidence, that the economic hardship caused by designation is disproportionate to the value of the property with the designation in place.

2. The reviewing authority shall consider the cost of the stabilization of the historic elements of the property as it relates to the appraised value, and evidence of the economic return of maintaining the designation versus other proposed uses.

3. The reviewing authority shall consider the application at a public hearing and shall either grant or deny the request based on one or more of the following findings:

a. Sale or lease of the property is impractical in comparison to holding or demolishing the property.

b. Denial of the request will diminish the value of the property so as to leave substantially no value or damage the owner unreasonably in comparison to benefits conferred on the community.

c. An adaptive reuse study has been satisfactorily conducted, and found that utilization of the property for other lawful uses is not feasible, or that it would not allow a reasonable rate of return to the owner.

d. A rehabilitation study has been satisfactorily conducted, and that it would not allow a reasonable rate of return to the owner.

e. All means have been explored to relieve possible economic disincentives to no avail, involving city-sponsored incentives, tax abatements, financial assistance, application of the State Historical Building Code, zoning variances, loans, grants or reimbursements.

f. The owner has made every possible effort to find a willing buyer for the property who would agree to restore the structure and has not been able to find a buyer who would offer a purchase price which afforded the owner a reasonable rate of return.

H. Any person may submit a written request to appeal a decision of the reviewing authority to the City Council within 10 calendar days of receipt thereof following the form, content, and procedures provided in Chapter 1.15 (Administrative Citations).

(Ord. No. 1478, 10/22/2025)

A. If the Building Official determines that a violation of this chapter exists, the Building Official may transmit a Notice of Violation to the property owner by certified mail, return receipt requested, or by personal service by an authorized representative of the Building Official.

B. The Notice of Violation shall contain the following information:

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

2. A statement of the conditions constituting the violation;

3. An order that the property owner take certain specified action(s) to bring the vacant commercial structure and/or the property on which the structure sits into compliance with this chapter within a certain deadline;

4. A statement that, if the property owner fails to take the specified action(s) to bring the vacant commercial structure and/or the property on which the structure sits into compliance with this chapter by the applicable deadline, the City may seek compliance using any remedy allowed by this Code and any other remedy allowed by law, including but not limited to the securing, repair, rehabilitation, demolition, or removal of the vacant commercial structure, recording a lis pendens against the property, or seeking a court ordered receivership to remediate the property;

5. A statement that the property owner has the right to submit in writing any information relating to a determination of the existence of a violation and the right to request a show cause hearing before the City Council following the form, content, and procedures provided in Chapter 1.13 (Nuisance Abatement).

C. If the Building Official determines that an effort is being made to correct the violation, the Building Official may grant an additional period of time for correction in excess of that set forth in the Notice of Violation. Any such additional period of time shall be in writing delivered in the same manner as the Notice of Violation.

(Ord. No. 1478, 10/22/2025)

A. If, after a notice to comply, a property owner fails to correct the violation within the time allowed, the City may seek compliance by any remedy allowed under applicable law or this Code, including, but not limited to, seeking enforcement pursuant to Chapter 1.12 (Enforcement), nuisance abatement pursuant to Chapter 1.13 (Nuisance Abatement), and administrative citations pursuant to Chapter 1.15 (Administrative Citations); a court ordered receivership to remediate the property; or recording a lis pendens or notice of noncompliance against the property with the Contra Costa County Recorder's Office.

B. Nothing in this chapter shall be construed as requiring the securing of a substandard vacant commercial structure prior to an abatement of the property under other sections of the Martinez Municipal Code. If a substandard building becomes a vacant commercial structure before or during abatement, the Notice of Violation and Order to Abate may require the securing and maintaining of the vacant commercial structure and/or the property on which the vacant commercial structure sits in accordance with the standards set forth in Sections 8.38.070 and 8.38.080, as applicable.

(Ord. No. 1478, 10/22/2025)

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

(Ord. No. 1478, 10/22/2025)

The Building Official may periodically reinspect vacant commercial structures to ensure compliance with this chapter and all applicable court and administrative orders.

(Ord. No. 1478, 10/22/2025)

The remedies and procedures provided by this chapter are cumulative to each other and to any others available under this Code or State law. The election to pursue the remedies or procedures provided by this chapter shall not preclude the City from seeking any other cumulative remedy available under this Code or other applicable law. Nothing in this chapter prohibits the summary abatement of a nuisance.

(Ord. No. 1478, 10/22/2025)

Abatement costs and summary abatement costs may be recovered by way of civil action against the property owner or may be assessed against the subject property as a special assessment lien, pursuant to the procedures under Chapter 1.13 (Nuisance Abatement). Abatement costs include the cost to perform the actual work, the cost of materials, and all administrative costs.

(Ord. No. 1478, 10/22/2025)

Nothing in this chapter shall be construed as imposing on the Building Official or the City any duty to issue an Order to Abate, nor to abate, nor to take any other action with regard to any unlawful, vacant commercial structure. Neither the Building Official nor the City shall be held liable for failure to issue an Order to Abate nor to take any other action with regard to any unlawful, vacant commercial structure. The Building Official may waive all or portions of the provisions of this chapter upon finding at their sole discretion that there is a unique condition or unusual circumstance beyond a property owner's control that would prohibit or prevent them from adhering to said provisions.

(Ord. No. 1478, 10/22/2025)

Property owners of vacant commercial structures that are vacant on the effective date of the ordinance codified in this chapter must achieve compliance within 90 days of the ordinance's effective date.

(Ord. No. 1478, 10/22/2025)