Rio Vista Municipal Code Ch. 15.20 Vacant Buildings

This chapter is enacted for the purpose of monitoring and maintaining vacant or boarded buildings in the city to protect the public health, safety, and general welfare and the economic and visual vitality of the city.

The city council finds as follows: vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract transients and criminals, including drug users. Vacant buildings diminish the aesthetics of the neighborhood and morale of residential and nonresidential neighbors.

Vacant buildings can also catalyze further nuisances and criminal activities, including, but not limited to, graffiti, vandalism, trespassing, and burglary—such activity at times not only targeting the vacant building, but also the vacant building's neighbors. Use of vacant buildings by transients and criminals, who frequently employ primitive cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties.

Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values.

Because of the potential economic and public health, welfare, and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police, public works, and building departments and the code enforcement division.

There is a substantial cost to the city for monitoring vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings for failing to maintain their property in a safe and sightly way.

(Ord. 014-2023, 11/21/2023)

This chapter shall apply to all vacant or boarded buildings, as herein defined, within the city which are now in existence, or which may hereafter exist in the city; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other city, state, or federal law, shall not be deemed to violate this chapter.

(Ord. 014-2023, 11/21/2023)

The following phrases, names, or terms used herein, unless the context plainly directs otherwise, shall have the following meanings.

"Blight"

means a condition of decay, deterioration, disrepair, neglect, or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood, or creating health or safety dangers. Blight includes, but is not limited to as defined in Section 8.16.030(B)(9).

"Boarded building" or "boarded up"

means a building, any of the doors or windows of which have been covered with plywood or other construction material.

"Building official"

means the city manager, or designee.

"Vacant building" or "vacant"

means a building which is without a legal resident or occupant, or which is not being put to lawful commercial or industrial use.

(Ord. 014-2023, 11/21/2023)

A. The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to commence rehabilitation for occupancy within 30 days after the building is boarded.

B. No person shall allow a building designed for human use or occupancy to stand vacant for more than 30 days, unless one of the following applies:

1. 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.

2. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent at market rates.

3. The building official determines that 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:

a. Maintenance of landscaping and plant materials in good condition;

b. Maintenance of the exterior of the building, including, but not limited to, paint and finishes, in good condition;

c. Regular removal of all exterior trash, debris, and graffiti;

d. Maintenance of the building in continuing compliance with all applicable codes and regulations; and

e. Prevention of criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity.

(Ord. 014-2023, 11/21/2023)

A. The building official or designee is hereby authorized to enforce the provisions of this chapter.

B. Any violation of this chapter shall be enforced in the same manner as a nuisance pursuant to Chapter 8.16.

(Ord. 014-2023, 11/21/2023)

A. Fee Imposed. There is hereby imposed upon every owner of a vacant or boarded building a monthly vacant or boarded building monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building and shall be used solely for that purpose. The fee shall be payable as to any building, residential or non-residential, which:

1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city, or

2. Is vacant for more than 90 days for any reason.

B. Fee Waiver. The vacant or boarded building monitoring fee may be waived by the building official at his or her sole discretion upon a showing by the owner that:

1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or

2. The building meets either conditions set forth in Section 15.20.040(B)(2) or (B)(3).

C. Procedure. The vacant or boarded building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection B of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the building official within 30 days after the billing is mailed to the owner. The building official shall review the written statement and may contact the owner to discuss the application for waiver. The building official shall prepare a written decision which shall be mailed to the owner. Any owner who disagrees with the decision of the building official relating to an application for waiver may appeal by submitting a written appeal hearing request to the city clerk within 30 days of receipt of the building official's decision. Except as provided in this chapter, the hearing shall be set and conducted in accordance with Chapter 1.16 (Administrative Citations) of the Rio Vista Municipal Code.

D. Collection. If the fee is not paid within 60 days after billing, or within 60 days after the decision of the building official or the hearing officer, the fee may be collected through a lien or a special assessment pursuant to Section 1.16.170.

(Ord. 014-2023, 11/21/2023)

The building official may impose requirements to secure the property as deemed reasonably necessary to protect the public health, safety, and welfare. The building official shall notify the affected property owner of the decision to impose specific securing requirements in writing. Any owner who disagrees with the decision relating to any specific securing requirements may appeal by submitting a written appeal hearing request to the city clerk within 30 days of receipt of the written notice imposing specific securing requirements on the property. Where property conditions pose an imminent threat to public health, safety, or general welfare, the building official may immediately secure the property and notify the property owner as soon as possible with details on the conditions and right to appeal.

(Ord. 014-2023, 11/21/2023)

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

(Ord. 014-2023, 11/21/2023)