Chapter 15.52

VACANT BUILDINGS AND STRUCTURES

Sections: 15.52.010 Legislative findings of council. 15.52.020 Applicability of chapter. 15.52.030 Securing from trespassers. 15.52.040 Barricading of alcoves and entry courts. 15.52.050 Removal of signs. 15.52.060 Removal of existing awnings. 15.52.070 Removal or repair of marquees. 15.52.080 Violation of chapter deemed nuisance-Abatement procedure. 15.52.090 Method of giving notices-Effect of failure to receive notices. 15.52.100 Waiver of requirements generally. 15.52.110 Waiver or modification of requirements of Old Sacramento Historical Area.

The council of the city finds, determines, and declares that there are and have been within the city, vacant buildings and structures which have remained completely or partially open to the public by reason of the owner's failure to adequately secure the same; that the vacant interiors of such structures are used by trespassers as places of habitation and are frequently damaged or destroyed by fire; that the entryways to such structures are used for the deposit of, and become foul with, human waste, garbage, and debris; that the windows of such structures are often broken, leaving broken glass scattered about the premises, thereby creating extremely dangerous conditions which are attractive to children and extremely dangerous to their health; that signs and marquees located on or above the public right-of-way become unkept and un-sound; that any and all of such conditions constitute a public nuisance which adversely affect the public health, safety and general welfare, contribute to the decay of commercial and residential areas, discourage the most appropriate use and development of land, and hinder civic improvements. (Ord. 2017-0049 § 1; prior code § 9.12.450)

This chapter shall apply to any structure or any portion of a structure that is designed and used, or is designed and formerly used for commercial uses (as defined by the Planning and Development Code) and has remained vacant and unoccupied for more than 45 days. This chapter shall also apply to any structure that is designed and used, or is designed and formerly used, for residential purposes and has remained vacant and unoccupied for more than 10 days. The incidental use of any vacant structure for storage purposes does not exempt the structure from the provisions of this chapter. (Ord. 2017-0049 § 1; prior code § 9.12.451)

All vacant structures subject to this chapter shall be made secure from trespassers in the following manner:

A. All doors and windows of the building shall be locked.

B. All broken doors and windows shall be replaced or shall be covered by boards.

C. All other openings into the structure that are readily accessible to trespassers shall be closed by boarding or such other means acceptable to the city manager. For purposes of this chapter "city manager" means the city manager or designee. (Ord. 2017-0049 § 1; prior code § 9.12.452)

For any structure that is located within one foot of a public right-of-way, any alcove or entry court that has a horizontal depth of three or more feet (measured from the edge of the structure adjacent and parallel with the public right-of-way) shall be closed by the erection of a barricade extending from edge to edge along the front of the alcove or entry court. The barricade shall be constructed of tight boards of one-half inch thick plywood to a height of at least eight feet above the front grade of the alcove or entry court. Instead of plywood, wrought iron fencing may be used if it has balusters not more than six inches apart and extends at least six feet above the grade of the alcove or entry court. Alcoves and entry courts that contain doors to the interior of the structure must have doorways built in to the barricade. These doors must be kept closed and locked when not in use. That portion of the barricade fronting upon the public right-of-way shall be covered with a weather-resistant paint or stain. (Ord. 2017-0049 § 1; prior code § 9.12.453)

Any sign or advertising devices located on or extending over the public right-of-way shall be removed. (Ord. 2017-0049 § 1; prior code § 9.12.454)

Existing awnings extending over the public right-of-way shall be removed. (Ord. 2017-0049 § 1; prior code § 9.12.455)

Any marquee extending over the public right-of-way which is in need of repair shall be removed or repaired. (Ord. 2017-0049 § 1; prior code § 9.12.456)

The violation of any provision of this chapter is found and determined to constitute a public nuisance which shall be abated as follows:

A. Whenever the city manager determines that a vacant structure is being maintained in violation of any provision of this chapter, written notice shall be given to the owner of the property upon which the structure is located specifying the violations and indicating the corrective action required under this chapter. The notice shall order the owner to complete the corrective action required not later than 15 days after the date on which the notice is mailed. The notice shall state that if the corrective action is not completed within the 15 day period the work may be completed by the city or its contractors and the costs of such work assessed against the property as a special assessment pursuant to California Government Code section 38773.5.

• B. Any owner having any objection to the order of the city manager may appeal the order by filing with the city clerk a request that the matter be set for an appeal hearing by a hearing examiner. An appeal must be filed prior to the expiration of the 15 day period otherwise all objections to the order shall be waived. The city may collect an appeal fee as set forth in section 8.04.170.D.The filing of an appeal shall automatically defer the effective date of the order until the hearing examiner has ruled upon the appeal. If the hearing examiner sustains the order of the city manager, the 15 day period shall start from the date of the hearing examiner's decision. The hearing examiner may modify any order of the city manager as he or she deems proper. C. Any owner having objection to the decision of the hearing examiner must bring an action in a court of competent jurisdiction pursuant to California Civil Code section 1094.5. D. Fifteen days after the giving of notice to the owner or 15 days after the decision of the hearing examiner sustaining or modifying the order of the city manager, whichever later occurs, unless the nuisance is abated by the owner or his or her agent in the meantime, the city or its contractors may thereupon complete the work required.

sdiction pursuant to California Civil Code section 1094.5. D. Fifteen days after the giving of notice to the owner or 15 days after the decision of the hearing examiner sustaining or modifying the order of the city manager, whichever later occurs, unless the nuisance is abated by the owner or his or her agent in the meantime, the city or its contractors may thereupon complete the work required.

E. The city manager shall keep an itemized account of any expenses incurred in enforcing the requirements of this chapter. Upon completion of the work, the city manager shall proceed pursuant to section 8.04.370, et seq., to collect the amount of costs of enforcement. "Costs of enforcement" as used in this section shall include, but is not limited to: 1. The cost of obtaining a title report for the property; 2. The cost of preparing, issuing, and serving any notice required by this chapter. These costs shall be set via resolution of city council, and shall be the same as the costs associated with the enforcement of chapter 8.04. 3. The cost of bringing a property into compliance with this chapter, including the removal of awnings, signs, and marquees or the barricading of alcoves or entry courts. F. Notwithstanding any other provision of this chapter: 1. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28. 2. Violations of this chapter are hereby declared to be a public nuisance. 3. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues. 4. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2017-0049 § 1; prior code § 9.12.457)

The notices required by this chapter shall be given in the following manner:

A. The city manager shall mail a copy of the notice by certified mail, postage prepaid, return receipt requested, to the owner of the structure and to the owner of the property upon which such structure is located as each such person's name and address appear on the last equalized assessment roll of the county of Sacramento, or as is known by the city manager and it shall be conspicuously posted upon the structure that is the subject of proceedings under this chapter.

B. Affidavits of mailing and posting shall be prepared by the person mailing or posting such notices and shall be maintained in the records of the city manager pertaining to the structure. C. The failure of any owner or other person to receive notices required by this chapter shall not affect in any manner the validity of any proceeding taken hereunder. (Ord. 2017-0049 § 1; prior code § 9.12.458)

The city manager may issue a written waiver of the requirements of section 15.52.040 if the owner agrees to maintain the alcove or entry court free of trash, debris, and human wastes by regular janitorial service for the period prior to the reoccupation of the structure and the city manager is satisfied that these arrangements will prevent the occurrence of conditions referred to in section 15.52.010 of this chapter. (Ord. 2017-0049 § 1; prior code § 9.12.459)

The city manager may issue a written waiver or modification of any of the requirements of this chapter in connection with vacant structures located in the Old Sacramento Historical Area as defined by this code. (Ord. 2017-0049 § 1; prior code § 9.12.460)