Article 1 — General Provisions

• A. Neglected vacant or abandoned buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Neglected vacant or abandoned buildings often attract children, vagrants, and criminal activity. The properties are also vulnerable to be set on fire by transients and others using the property illegally. The presence of neglected vacant or abandoned buildings can lead to neighborhood decline, create an attractive public nuisance, lower property values, and discourage economic development in the area.

• B. It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in the neglected vacant or abandoned buildings, including without limitation, historic buildings or structures, to maintain, secure, and prevent these buildings from becoming a burden to the neighborhood and community or a threat to the public health, safety, and welfare. The purpose of this section is to provide standards for maintaining vacant and abandoned buildings and to establish a monitoring program for those that are determined to be neglected.

• (Ord. 1789 § 2)

The definitions set forth in this section shall govern the application and interpretation of this section.

"Abandoned" means a property, including a residence, building, or structure, or any structural improvement on real property, that is vacant and is (1) under a current notice of default and/or notice of trustee's sale; (2) subject to foreclosure sale where title was retained by the beneficiary of a deed of trust, or (3) transferred under a deed in-lieu of foreclosure/sale.

"Beneficiary" means a lender under a note secured by a deed of trust.

"Deed in-lieu of foreclosure/sale" means recorded document that transfers ownership of real property from the trustor to the holder of the deed of trust upon consent of the beneficiary of the deed of trust.

"Deed of trust" means an instrument by which title to real property is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trusts.

"Default" means the failure to comply or fulfill any contractual obligation under the deed of trust.

"Director" means the director of planning and development services, or designee, or such other director designated by the city administrator to administer this section.

"Foreclosure" means the process by which real property, placed as security for a real estate loan, is sold at an auction to satisfy the debt when the trustor (borrower) defaults on the real estate

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City of Oroville, CA § 9.12.020

OROVILLE CODE

§ 9.12.030

loan.

"Historic" means any building or structure that is listed on (1) the National Register of Historic Places; (2) the California Register of Historic Resources; or (3) deemed of importance to history, architecture or culture of the area by the City of Oroville.

"Neglected vacant building or structure" means any vacant building or structure that is not maintained in accordance with this section.

"Notice of default" means a recorded notice that a default has occurred under a deed of trust and the beneficiary intends to proceed with a trustee's sale of the real property or asserts any of its rights under the deed of trust.

"Owner" means the owner of record of real property, or the occupant, lessee, or interest holder, as the case may be.

"Property" means any improved real property, or portion thereof, situated in the city and includes any residence, building, structure, or any other improvement located on the real property.

"Rehabilitation" means taking corrective action to meet the minimum standards set forth in this section and complying with any other applicable provisions of the Oroville Municipal Code so the property is not a public nuisance.

"Trustee" means any person, partnership, association, company, corporation, or any other person or entity holding a deed of trust on a property.

"Trustor" means a borrower under a deed of trust who deeds property to a trustee as security for the payment of a debt.

"Vacant" means a building or structure that is unoccupied or occupied by unauthorized persons for any amount of time.

(Ord. 1789 § 2)

• A. Every owner of a property shall maintain the property in accordance with this section and Title 9 of the Oroville Municipal Code. If at any time the vacant or abandoned building or structure does not meet these standards the property shall be registered by the owner into the vacant or abandoned building monitoring program as listed in Sections 9.12.120 through 9.12.190. If the director is unable to locate the owner, or the owner refuses or otherwise fails to register the property, the director shall register the property. Following the property being registered into the vacant or abandoned building monitoring program the owner shall be sent the vacant or abandoned building monitoring program fee payment form by first class mail, postage prepaid, and/or personal service. The fees shall be paid within 30 days of the date of the fee payment form.

• B. Every owner of a property is liable for violation of this section regardless of any contract or agreement the owner has with any third party.

• C. Except as otherwise provided herein, the director shall have the authority to enforce the provisions of this section.

• D. Any property in violation of this section shall constitute a public nuisance. (Ord. 1789 § 2)

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.12.040

§ 9.12.060

Article 2

Maintenance Standards

• A. It is unlawful for any building or structure, whether residential, commercial, industrial, or historic, to be vacant for more than 30 calendar days unless one of the following conditions exists:

  1. The building or structure is subject to an active building permit for construction, alteration, modification, rehabilitation, or repair and the owner is progressing diligently to complete the construction, alteration, modification, rehabilitation, or repair within the time frame set forth in the building permit and/or by the director.

  2. The building or structure complies with all codes, ordinances, and/or laws adopted by the city, does not otherwise constitute a public nuisance, is ready for use or occupancy, and is actively being offered for sale, lease, or rent.

  3. The building or structure, including the property on which it is located does not otherwise constitute a public nuisance and is unlikely to become a public nuisance because the property is actively maintained and monitored. Actively maintained and monitored shall mean the condition of the property complies with the minimum standards set forth in this section and any other applicable provisions in the Oroville Municipal Code.

• B. The owner of any vacant or abandoned building or structure, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall rehabilitate the boarding building or structure for occupancy, in accordance with all applicable code and regulations, within no more than 30 calendar days or as determined appropriate by the director after the building is boarded, unless the building or structure meets one of the conditions set forth in subsection A of this section.

• (Ord. 1789 § 2)

All vacant or abandoned property shall be maintained in a structurally sound condition and meet the following minimum building standards:

• A. Complies with all applicable building codes adopted by the City of Oroville.

• B. All fences, walls, arbors, swimming pools or other similar structures, whether made of masonry, wood, metal, vinyl, wood or other materials shall be maintained in a structural sound condition in accordance with the latest adopted edition of the California Building and/or Residential Code and the Oroville Municipal Code.

• (Ord. 1789 § 2)

All vacant or abandoned property shall be maintained in a manner which does not create an unreasonable risk of fire and which meets the following minimum fire safety standards:

• A. Complies with all applicable building and fire codes adopted by the City of Oroville.

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City of Oroville, CA

OROVILLE CODE

§ 9.12.060

§ 9.12.070

• B. Is maintained in a manner where the property is free of all vegetation, weeds, dry brush, garbage, trash, debris, appliances, building materials, rubbish, accumulation of newspapers, circulars, flyers, notices, except those required by law, which may constitute a safety or fire hazard as determined by the fire department and/or director.

• C. Is maintained in a manner free of any storage of flammable liquids or other materials which would constitute a safety or fire hazard as determined by the fire department and/or director.

• D. Is maintained in a manner where the electrical, plumbing, and mechanical utilities are maintained in accordance with applicable codes and ordinances.

• E. Is maintained in a manner where all existing fire protection systems are kept in operating condition in accordance with applicable codes and ordinances.

• F. Is maintained in a manner where no fire hydrants, including private hydrants, that provide water flow to the property, are removed, tampered with, or taken out of service unless authorized in writing by the City of Oroville Fire Department.

• (Ord. 1789 § 2)

All vacant or abandoned property shall be maintained in a manner which secures it from any unauthorized entry and meets the following minimum security standards:

• A. All windows, doors, gates, fences or any other opening of such size that may allow access to persons, animals, or other elements, to the interior of the property, building, or structure shall be secured, locked, closed or maintained in such a manner so as to prevent unauthorized entry. Windows, doors, or similar openings shall provide either intact glazing or resistance to entry equivalent to or greater than a solid sheet of a one-half inch plywood, painted to protect from the elements (paint shall match the existing house paint color), cut to fit the opening, and securely fastened using 8d galvanized nails for equivalent wood screws spaced not more than 6 inches on center.

• B. Doors and service entrances located 10 feet or less above grade, stairway, landing, ramp, porch, roof or similar accessible area shall provide resistance to entry equivalent to or greater than that of a solid core door 1-3/8 inches thick equipped with a 1/2-inch throw deadbolt.

• C. Exterior doors, other than the operable door described in subsection D of this section may be closed from the interior of the building or structure by securely fastening them to the door frame using approved galvanized or stainless steel fasteners.

• D. There shall be at least one operable door into each building or structure to allow access to all portions of the building or structure. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock, dead bolt, or dead-latch.

• E. There shall be a sign no less than 18 by 24 inches posted on the front of the exterior building or structure so it is legible from the public right-of-way with the following information (sign shall be within sight of the building street address posting):

  1. Name and 24-hour contact phone number of owner or approved property representative.

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.12.070

§ 9.12.100

2. Address of the owner, responsible party, or property management company.

3. The statement "THIS PROPERTY MANAGED BY" with appropriate name inserted, and "TO REPORT PROBLEMS OR CONCERNS CALL" with the 24-hour telephone number listed.

4. The sign shall be constructed and printed with weather resistant materials.

• F. An updated window calendar shall be posted visible from the sign as required in subsection E of this section showing the date, time, and responsible party that completed the last required property inspection.

• (Ord. 1789 § 2)

All vacant or abandoned property including all adjoining yard areas shall be maintained free of debris, combustible materials, litter, garbage, furniture or any other item(s) that gives the appearance that the property is vacant or abandoned in accordance with this chapter and other applicable provisions of the Oroville Municipal Code. (Ord. 1789 § 2)

All vacant or abandoned property must be maintained in a manner which minimizes the appearance of vacancy and meets the following minimum appearance standards:

• A. The property shall be maintained free of graffiti or similar markings by removal or painting over within 24 hours with similar exterior grade paint matching the color of the existing exterior of the building or structure with this section and other applicable provisions of the Oroville Municipal Code.

• B. Any construction, alteration, improvements, or rehabilitation shall be completed during the term of a valid building permit as determined by the director.

• C. All exterior surfaces shall be maintained to prevent entry including replacement or repair to any broken windows, doors, or siding materials and be applied with a minimum 2 coats of paint, siding, stucco, or other finish to weatherproof the vacant or abandoned building or structure and to create a sufficient appearance of repair to deter unauthorized occupation.

• D. All landscaping including grass, turf, trees, hedges, shrubs, flowers, and other similar materials, shall be kept in accordance with Section 9.08.050(B) and (C) of the Oroville Municipal Code and in such condition as not to create the appearance of a vacant or abandoned building or structure.

• E. All swimming pools, spas, or other areas of standing water shall be kept in working order so that the water remains clear and free of pollutants or debris unless the pools, spas or other areas are drained and kept dry. All properties with pools, spas, or other areas of standing water must meet the minimum fencing requirements outlined in Section 17.12.020 of the Oroville Municipal Code and California State Law.

• (Ord. 1789 § 2)

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City of Oroville, CA § 9.12.100

OROVILLE CODE

§ 9.12.110

• A. This section shall apply to any vacant or abandoned historic building or structure located in the City of Oroville.

• B. In addition to any other requirement of this section, a vacant or abandoned historic building or structure shall be safeguarded and maintained in accordance with this section.

  1. All vacant or abandoned historic buildings or structures shall have an operating security alarm system at all times as approved by the director, such as, motion detectors, automatic signal devices, intrusion alert, closed circuit television monitoring, or similar type of security systems. Such system(s) shall be registered with the Oroville police department.

2. All vacant or abandoned historic buildings or structures shall be maintained in accordance with Section 311 of the California Fire Code. A vacant or abandoned historic building that is deemed unsafe by the City of Oroville building official or fire marshal may become subject to an abatement action that may require corrective action, including, but not limited to, installation of a fire alarm system, fire suppression system, smoke detectors, or a combination thereof.

(Ord. 1789 § 2)

In addition to any other rights, remedies, or enforcement provided in this section or this Code, the director shall have the authority to require the owner of any property in violation of this section, to implement additional maintenance, security, fire or other corrective or preventive measures as may be reasonably required to combat the decline of the property such as securing the property, installing additional lighting, or increased on-site inspections. (Ord. 1789 § 2)

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.12.120

§ 9.12.140