Sacramento Municipal Code Art. XV Maintenance of Vacant Buildings

The city council finds as follows:

A. When the owner of a vacant building fails to actively maintain and manage the building, the building can become a major cause of blight in both residential and nonresidential neighborhoods. Vacant buildings that are boarded, substandard or unkempt properties, and long-term vacancies discourage economic development and retard appreciation of property values.

B. It is a responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety or welfare.

C. One vacant property that is not actively and well maintained and managed can be the core and cause of spreading blight.

D. Owners of multiple buildings, either concurrently or serially, that are vacant and a blight to the community are a significant problem in the city. Owners of multiple buildings who fail to correct deficiencies and blighted conditions contribute to the decline of neighborhoods to a greater extent than owners who own only one building. Some owners have acquired multiple vacant and blighted buildings at depressed prices and have not improved or cared for the properties. It is in the interest of the welfare of neighborhoods that owners of multiple properties who fail to maintain properties and correct vacant and blighted buildings be subject to imposition of higher administrative penalties in order to encourage these owners to correct violations of this article in a prompt manner. (Ord. 2007-060 § 2)

For the purposes of this article, the term "vacant building" means a building that is unoccupied, or occupied by unauthorized persons for any amount of time. (Ord. 2007-060 § 2)

A. For the purposes of this article, "boarded" means the covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing entry into the building by persons or animals.

B. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking of doors and windows.

C. Vacant buildings that are immediately dangerous as defined in Section 8.96.120 of this code and are open and accessible to the general public may be summarily boarded by the city, pursuant to Section 8.96.390 of this code.

D. Any building that is boarded, whether by voluntary action of the owner, or as a result of enforcement activity by the city, shall be boarded in compliance with city standards promulgated by the city manager, and approved by resolution of city council. (Ord. 2007-060 § 2)

No owner shall allow a building designed for human use or occupancy to be a vacant building for more than thirty (30) days, unless one of the following applies:

A. 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.

B. The building meets all codes, does not contribute to blight, is ready for occupancy, and is:

1. Actively being offered for sale, lease or rent: or

2. Is actively being maintained and monitored by the owner, as defined in Section 8.100.1240. (Ord. 2007-060 § 2)

Active maintenance and monitoring shall include all of the following:

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.

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

F. The posting of a notice in a conspicuous place on the front of the building stating the name, address, and telephone number of both the owner and, if applicable, the owner's agent in control of the building. This notice shall have lettering not less than two inches high, and shall be generally readable from at least thirty (30) feet away. (Ord. 2007-060 § 2)

A. Notwithstanding the provisions of Section 1.28.010(C)(3) of this code, any owner of a building that is in violation of Section 8.100.1230 shall be subject to an administrative penalty, in an amount not to exceed one thousand dollars ($1,000.00) per building for the first violation.

B. A second administrative penalty shall be imposed upon an owner pursuant to this article if the owner's building remains in violation of Section 8.100.1230 thirty (30) days following the imposition of the first administrative penalty. Additional penalties may be imposed in each thirty (30) day period following the imposition of an administrative penalty under this article. Additional penalties may be imposed so long as the violations continue. A second and any subsequent penalty shall be in an amount not to exceed five thousand dollars ($5,000.00).

C. If a previous administrative penalty has been imposed pursuant to this article upon an owner within two years of the date of the imposition of the present administrative penalty, and that previous administrative penalty related to a vacant building other than the building presently the subject of an administrative penalty, any penalty imposed shall be imposed pursuant to Section 1.28.010(D) of this code, but in no case shall it be less than two thousand dollars ($2,000.00), nor more than ten thousand dollars ($10,000.00). (Ord. 2007-060 § 2)

A. Any vacant building that also constitutes a public nuisance as defined in Chapter 8.04, 8.08, 8.96 or 8.100 of this code shall be subject to monthly monitoring fees and enforcement response fees, to recover the city's regulatory

costs to monitor and respond to the vacant building. The separate monthly monitoring fee and enforcement response fee shall be set by resolution of the city council. The monitoring fee shall be applicable even in the absence of any action, administrative or otherwise, by the city pursuant to any other provision of the city code. The monitoring fee shall be imposed upon the initial determination that the vacant building constitutes a public nuisance as defined in Chapter 8.04, 8.08, 8.96 or 8.100 of this code. The fee shall thereafter be imposed in each thirty (30) day period following the imposition of the initial monitoring fee. On buildings requiring city enforcement response and securement, an additional and separate enforcement response fee shall be imposed, for each response, upon the owner. Monitoring fees shall be imposed as long as the vacant building remains a public nuisance as defined in those chapters.

B. Any monitoring fee imposed pursuant to this section may be appealed and shall be collected in the same manner as is specified in Section 1.28.010(D) of this code. (Ord. 2009-014 § 2; Ord. 2007-060 § 2)