San Diego Municipal Code Div. 3 Abatement of Abandoned Properties

(“Public Property Nuisance Abatement” added 8–17–1981 by O–15573 N.S.) (Retitled to “Abatement of Vacant Structures” 8–10–1993 by O–17957 N.S.) (Retitled to “Abatement of Abandoned Properties“ and amended 10-10-2012 by O-20203 N.S.)

The Council of the City of San Diego finds and declares that:

(a) Vacant lots attract littering, dumping, and nuisance activity and create public
nuisances in the community when these conditions exist.

(b) Vacant structures attract vagrants, gang members and other criminals as
prime locations to conduct illegal criminal activities.

(c) Vacant structures are extremely vulnerable to being set on fire by
unauthorized persons.

(d) Vacant structures which are boarded or are located on properties with code
and public nuisance violations cause deterioration and instability in
neighborhoods.

(e) Vacant structures located on a property which is foreclosed or under a current
Notice of Default, Trustee’s Sale, or Tax Lien Sale often fall into disrepair,
attract nuisance activity and crime, decrease property values, and are a burden
to the City of San Diego’s resources, making it necessary to ensure that
accurate ownership information and contacts are provided to the City so that
proper maintenance and security measures are implemented on these
properties.

(f) Immediate abatement and rehabilitation of vacant structures and vacant lots
where code or public nuisance violations exist is necessary and can be
accomplished by using the judicial or administrative procedures found in this
Code.
(Amended 5–28–1996 by O–18301 N.S.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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The words and phrases used in this Division have the meanings set forth in this section. Defined terms appear in italics.

Abandoned property means any property upon which one or more of the following
conditions exist:

(1) a vacant lot upon which code or public nuisance violations exist as
determined by the Director; or

(2) a vacant structure and code or public nuisance violations exist as
determined by the Director; or

(3) a vacant structure which is boarded, irrespective of whether code or
public nuisance violations exist at the property; or

(4) a vacant structure, and the property is under a current Notice of
Default, Notice of Trustee’s Sale, pending Tax Assessor’s Lien Sale,
or it has been the subject of a Foreclosure sale where the title was
retained by the beneficiary of a Deed of Trust involved in the
Foreclosure, or has been transferred under a Deed in Lieu of
Foreclosure.

Beneficiary means a lender under a note secured by a Deed of Trust.

Deed in Lieu of Foreclosure means a recorded document that transfers ownership of a
property from the trustor upon consent of the beneficiary of the Deed of Trust.

Deed of Trust means an instrument by which title to real estate is transferred to a third
party Trustee as security for a real estate loan. This definition applies to all deeds of
trust regardless of priority.

Default means the failure to fulfill a contractual obligation, monetary or
nonmonetary.

Director means the Director of the Permit Issuance and Code Enforcement Division
or any other Director authorized by the City Manager and any of their designated
agents or representatives.

Foreclosure means the process by which a property, placed as security for a real
estate loan, is sold at auction to satisfy the debt if the Trustor defaults.

Graffiti has the same meaning as in San Diego Municipal Code section 54.0402.

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Letter of Agency means a trespass authorization form signed by a property owner or designated agent which allows the San Diego Police Department to act as the owner’s agent for purposes of enforcing laws against any person(s) found on private property without the owner’s consent or without lawful purpose.

Liquid waste has the same meaning as in San Diego Municipal Code section 54.0202.

Litter has the same meaning as San Diego Municipal Code section 54.0202.

Local contact means a contact located within a distance of 50 driving miles from the
abandoned property.

Notice of Default means a recorded notice that a Default has occurred under a Deed
of Trust.

Public nuisance has the same meaning as in San Diego Municipal Code section
11.0210.

Responsible person has the same meaning as in San Diego Municipal Code section
11.0210.

Rubbish has the same meaning as in San Diego Municipal Code section 54.0202.

Solid waste has the same meaning as in San Diego Municipal Code section 54.0202.

Statement of Intent means a form filled out by the responsible person for an
abandoned property which contains specific information regarding the ownership of
the property and the responsible person’s plan for its rehabilitation, development,
occupancy, and maintenance.

Trustee means the person, firm or corporation holding a Deed of Trust to a 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 structure means any structure or building that is unoccupied or occupied by
unauthorized persons.

Waste has the same meaning as in San Diego Municipal Code section 54.0202.

(Amended 5–28–1996 by O–18301 N.S.; corrected 1–23–1998.)
(Amended 2-7-2006 by O-19460 .S.; effective 3-7-2006.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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The Director is authorized to administer and enforce the provisions of this Division. The Director or anyone designated by the Director to be an Enforcement Official may exercise any enforcement powers as provided in Division 1, Article 2 of Chapter 1 of this Code. (“Enforcement Authority” added 5–28–1996 by O–18301 N.S.) (Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

Violations of this Division may be prosecuted as misdemeanors subject to the fines and custody provided in Municipal Code Section 12.0201. The Director may also seek injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code Section 12.0202 or pursue any administrative remedy provided in Chapter 1 of this Code. (“Enforcement Remedies” added 5–28–1996 by O–18301 N.S.) (Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

Violations of this Division shall be treated strict liability offenses regardless of intent. (“Strict Liability Offenses” added 5–28–1996 by O–18301 N.S.)

(a) An abandoned property where code or public nuisance violations exist constitutes a public nuisance per se.

(b) In determining whether a vacant structure or vacant lot meets the definition of
abandoned property, the Director shall consider the length of vacancy as a
factor contributing to the existence of a public nuisance.

(c) A commercial vacant structure which meets the definition of an abandoned
property as provided in this Division, shall continue to be deemed a vacant
structure until there is a lawfully permitted business operating in the vacant
structure on a daily basis. The Director may make an exception based on the
nature of the particular business.

(d) It is unlawful for any responsible person for an abandoned property to fail to
lock, barricade or secure all doors, windows and other openings to any vacant
structure on the property in accordance with the standards listed in this
Division.

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(e) It is unlawful for any responsible person for an abandoned property to fail to
remove from the entire property including the interior of any vacant structure,
any of the following: litter, waste, rubbish, solid waste, liquid waste, debris,
unpermitted vehicles, storage not incidental to the corresponding zoning use
for the property, or excessive vegetation as determined by a fire inspector to
constitute a fire hazard.

(f) It is unlawful for any responsible person for an abandoned property to fail to
erect fences, barriers, berms or other suitable means to discourage access and
to discourage illegal dumping or littering on the property when requested by
the Director.

(g) It is unlawful for any owner of an abandoned property or any owner’s agent
to fail to file a Letter of Agency with the San Diego Police Department or to
fail to update the Letter of Agency every six months.

(h) It is unlawful for any responsible person for an abandoned property to fail to
maintain the property in accordance with the abatement requirements listed in
an Abatement Notice and Order or other written notice issued by the Director.

(i) It is unlawful for any responsible person for an abandoned property to fail to maintain the property in accordance with the maintenance standards listed in this Division. (“Duty to Clean and Secure or Board” renumbered, retitled and amended from Sec. 54.0303, 5–28–1996 by O–18301 N.S.) (Amended 2-7-2006 by O-19460 N.S.; effective 3-27-2006.) (Retitled to “Abandoned Properties Regulations“ and amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

Abandoned Properties

(a) Whenever the Director determines that an abandoned property exists within
the City of San Diego upon which code or public nuisance violations exist, an
Abatement Notice and Order may be sent to the responsible person directing
the abatement of any vacant structure by cleaning and securing or boarding
the vacant structure and removing conditions creating a public nuisance on
the property or directing the abatement of any vacant lot by removing
conditions creating a public nuisance. Boarding shall be done pursuant to the
standards established in Section 54.0308 of this Division.

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(b) The Director may also require as part of an Abatement Notice and Order or
other written notice that the responsible person erect fences, barriers, berms
or other suitable means to discourage access to the abandoned property and to
discourage illegal dumping or littering on the property. The Director may also
require the responsible person to post signs that prohibit trespassing, littering
or illegal dumping.

(c) The Director may also require as part of the Abatement Notice and Order or
other written notice that the responsible person remove any litter, waste,
rubbish, solid waste, liquid waste, debris, unpermitted storage, weeds which
are over twelve inches in height or excessive vegetation from the abandoned
property.

(d) The Director may also require as part of the Abatement Notice and Order or
other written notice that the responsible person remove any vehicles or
additional items not listed in subsection (c) which are stored on the property
in violation of the Land Development Code.

(e) The Director may also require as part of the Abatement Notice and Order or
other written notice, that the responsible person maintain the property free of
graffiti, and paint over any graffiti with an exterior grade paint that matches
the color of the exterior of the vacant structure.

(f) The Director may also require as part of the Abatement Notice and Order or other written notice, that the responsible person keep any pools or spas on the property in working order so the water remains clear and free of pollutants and debris or drained and kept dry. Pools or spas must comply with the fencing requirements contained in Division 31, Article 5, Chapter 14 of this Code.

(g) The Director may also require as part of the Abatement Notice and Order or
other written notice, that the responsible person post a sign on the property.
The sign shall be no less than 18” x 24” in size and shall contain lettering of a
font size that is legible from a distance of 45 feet. The sign shall include all of
the following information:

1) the address of the property;

2) that a Letter of Agency is on file with the San Diego Police
Department; and

3) the name and telephone number of the responsible person or
designee, one of whom must be a local contact, such as the
property manager, asset manager, or real estate agent or broker.

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(h) The Director shall follow the Administrative Abatement procedures for Time
Frame One as provided in Division 6 of Article 2 of Chapter 1 of this Code.
However, if the abatement involves a vacant structure which is a single
family dwelling, then the time frame for compliance shall be fifteen (15)
calendar days in accordance with California Health and Safety Code section
17980.9(b)(1).

(i) If the responsible person does not comply with the Abatement Notice and
Order, and no appeal is filed, the Director may: 1) clean and board any
unsecured vacant structure; 2) remove all litter, waste, rubbish, solid waste,
liquid waste, debris or excessive vegetation from the abandoned property; 3)
remove all vehicles and items stored in violation of the Land Development
Code; and 4) recover all costs pursuant to the procedures found in Division 6,
Article 2 of Chapter 1 of this Code.

(j) If the Director boards any vacant structure, all barricade materials supplied
by the City shall become the property of the responsible person upon payment
of all costs to the City.
(“Administrative Abatement Procedures for Vacant and Unsecured Structures”
renumbered and amended from Sec. 54.0305 on 5–28–1996 by O–18301 N.S.)
(Amended 2-7-2006 by O-19460 N.S.; effective 3-7-2006.)
(Retitled to “Administrative Abatement Procedures and Maintenance Standards for
Abandoned Properties“ and amended 10-10-2012 by O-20203 N.S.; effective
11-9-2012.)

Except as provided in Section 54.0308(i), the responsible person or Director shall board a vacant structure according to all of the following specifications and requirements:

(a) Remove all waste, rubbish or debris from the interior of the vacant structure;

(b) Remove all waste, rubbish, debris or excessive vegetation from the yards
surrounding the vacant structure;

(c) 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;

(d) Mount at least two wood stocks of minimum 2 x 4 inch thickness to the
reverse face of the plywood with minimum 3/8 inch carriage bolts mated with
nuts and two flat washers; Ch. Art. Div.
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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (1-2016)

(e) Extend the stock a minimum of eight (8) inches on each side of the interior
wall;

(f) Cause all hardware to be galvanized or cadmium plated;

(g) Paint all exterior barricade material the predominant color of the structure;

(h) Post the premises. One or more signs shall be posted at or near each entrance
to the vacant structure and on fences or walls as appropriate. The signs shall
remain posted until the vacant structure is either lawfully occupied or
demolished. Signs shall contain the following information: DO NOT ENTER.
It is a misdemeanor to enter or occupy this building or premises or to remove
or deface this notice. Trespassers will be prosecuted. The sign shall be of a
size of no less than 18” x 24” in size and the lettering shall be of a font size
that is legible from a distance of 45 feet.

(i) In lieu of requiring the responsible person to board a structure as set forth in
Sections 54.0308(a) through (h), the Director may allow the responsible
person to board the vacant structure in a manner in which the Director
determines adequately prevents unauthorized entry or vandalism. In any
event, a responsible person shall post the premises with signs as required by
this Division, including as set forth in Section 54.0308(h).
(“Standards for Boarding a Vacant Structure” renumbered, retitled and amended
from Sec. 54.0306 on 5–28–1996 by O–18301 N.S.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

(a) It is unlawful for any person to enter or occupy any structure or premises which has been posted pursuant to Section 54.0308(h), except to repair or demolish the structure under proper permit or for a purpose authorized by the owner.

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(b) It is unlawful for any person to remove or deface any notice posted pursuant
to Section 54.0308(h) until the required repairs or demolition have been
completed or a Certificate of Occupancy has been issued.
(Amended 7-19-1999 by O-18656 N.S.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

(a) If a vacant structure previously abated by a responsible person or the Director pursuant to a Notice and Order, again becomes unsecured and open to unauthorized entry, the Director may, without further notice to the responsible person, proceed to abate the public nuisance and recover costs as provided for in this Division.

(b) If an abandoned property again contains debris, rubbish, waste, or excessive
vegetation, the Director may, without further notice to the responsible person,
proceed to abate the public nuisance and recover costs as provided for in this
Division.

(c) An Enforcement Hearing Officer may issue an Administrative Enforcement
Order that would give the Director continuous abatement authority to: 1)
abate a vacant structure which again becomes unsecured and open to
unauthorized entry; or 2) abate an abandoned property if the property again
contains debris, rubbish, waste or excessive vegetation. The Hearing Officer
may establish notice requirements as may be reasonable.
(“Continuous Abatement Authority” renumbered, retitled and amended from Sec.
54.0112 on 5–28–1996 by O–18301 N.S.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (1-2016)

(a) Abatement costs shall include the cost to perform the actual work and the City’s cost to administer any abatement.

(b) Once the abatement is complete, the Director shall recover all abatement costs
pursuant to the procedures found in Division 3, Article 3 of Chapter 1 of this
Code.
(“Abatement Cost” renumbered from Sec. 54.0310 on 5–28–1996 by O–18301 N.S.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

Any abandoned property that was originally abated by the responsible person’s voluntary actions or pursuant to a judicial or administrative order may be declared a permanent public nuisance by the Director if the property again contains debris, rubbish, waste, excessive vegetation or other conditions creating a public nuisance. Any vacant structure that was originally abated by the responsible person’s voluntary actions or pursuant to a judicial or administrative order and continues to remain open and unsecured on a periodic basis, thereby requiring additional reinspections, clearing of the lot, or resecuring of the vacant structure, may be declared a permanent public nuisance by the Director. The Director may seek the abatement of any lot and the demolition of any vacant structure that become a continuous public nuisance by seeking a court order or following any of the administrative abatement procedures found in this Code. (“Continuous Public Nuisances” renumbered from Sec. 54.0313 on 5–28–1996 by O–18301 N.S.) (Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (1-2016)

(a) The Director shall create and make available a form entitled Statement of Intent to be completed by the responsible person for an abandoned property.

(b) The responsible person for an abandoned property shall complete the
information required on the Statement of Intent and submit the statement to
the City within thirty (30) calendar days of the date the Director determines
the property meets the definition of abandoned property as provided in this
Division. If an abandoned property remains in an abandoned state for more
than three hundred sixty-five (365) calendar days from the date the first
Statement of Intent was submitted, then a new Statement of Intent must be
submitted, and annually thereafter until the property no longer meets the
definition of an abandoned property as provided in this Division.

(c) The Director shall determine whether a submitted Statement of Intent is
complete and may require the responsible person to provide more complete
information.

(d) When a submitted Statement of Intent does not meet with the Director’s
approval as it does not contain adequate information as required by this
Section, the responsible person shall immediately correct and resubmit the
Statement of Intent.

(e) The Statement of Intent shall include the following information:

(1) expected period of vacancy;

(2) a plan for regular maintenance during the period of vacancy;

(3) a plan and time line for the lawful occupancy, rehabilitation or
demolition of the vacant structure;

(4) a plan for the development or sale of the vacant lot if the
abandoned property is a vacant lot;

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(5) complete ownership information and all contact information for persons responsible for the property including the name, telephone number and street address for any corporation, individual, beneficiary or trustee responsible for receiving payments associated with any loan or Deed of Trust. The Statement of Intent shall also include information regarding the property management company, servicing company, asset manager, or property preservation company responsible for the security, maintenance and marketing of the property; and

(6) any additional information required by the Director.

(f) It is unlawful for a responsible person to:

(1) fail to submit a Statement of Intent within the time period
specified by Section 54.0313(b); or

(2) fail to submit a Statement of Intent annually as required by
Section 54.0313(b); or

(3) submit a Statement of Intent which does not comply with the
requirements of this Division.
(“Duty to File a Statement of Intent” added 5–28–1996 by O–18301 N.S.; corrected
1–23–1998.)
(Amended 2-7-2006 by O-19460 N.S.; effective 3-7-2006.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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The Director may periodically reinspect an abandoned property to ensure compliance with the provisions of this Division and all applicable court and administrative orders. The Director may assess a reinspection fee against the responsible person for the actual costs of each reinspection and continuous monitoring of the structure and premises as is reasonably necessary to determine compliance with the standards and procedures in this Division. The Director shall follow the reinspection procedures found in Division 1, Article 3 of Chapter 1 of this Code. (“Reinspection Fee” renumbered from Sec. 54.0311 on 5–28–1996 by O–18301 N.S.) (Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

(a) If an abandoned property is left in an abandoned state for ninety (90) consecutive calendar days, the responsible person for that abandoned property may be liable for a civil penalty in the amount of five hundred dollars ($500) per property, not to exceed five thousand dollars ($5,000) per property in a calendar year unless:

(1) a Statement of Intent has been filed and approved by the Director;
and

(2) one of the following applies:

(A) a vacant structure exists on the property and it is the
subject of an active building permit for repair or
rehabilitation and the responsible person is proceeding
diligently in good faith to complete the repair or
rehabilitation;

(B) a vacant structure exists on the property and it is
maintained in compliance with this Division and is
actively being offered for sale, lease or rent;

(C) the abandoned property is a vacant lot and there has
been no recurring code violations or nuisance activity; or

(D) the responsible person can demonstrate that he or she
made a diligent and good faith effort to implement the
actions set forth in the approved Statement of Intent
within the time line contained within the Statement of
Intent.
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(b) If the property continues to meet the definition of abandoned property as provided in this Division beyond the initial ninety (90) calendar days, and if the responsible person does not meet any of the exceptions set forth in this Section, the Director may continue to assess penalties in the following amounts: one thousand dollars ($1,000) for the next ninety (90) calendar day period the property continues to meet the definition of an abandoned property as provided in this Division; one thousand five hundred dollars ($1,500) for the next ninety (90) calendar day period; and two thousand dollars ($2,000) for the next ninety (90) calendar day period that the property continues to meet the definition of an abandoned property as provided in this Division. At no time may the amount of the civil penalty exceed five thousand dollars ($5,000) per property in a calendar year.

(c) All penalties assessed shall be payable directly to the City Treasurer.

(d) The City Manager shall develop policies and procedures for the
implementation of this penalty.
(“Boarded and Vacant Structure Penalty” added 5–28–1996 by O–18301 N.S.)
(Amended 2-7-2006 by O-19460 N.S.; effective 3-7-2006.)
(Retitled to “Abandoned Property Penalty” and amended 10-10-2012 by O-20203
N.S.; effective 11-9-2012.)

(a) Whenever a Director determines that a property meets the definition of abandoned property as provided in this Division for more than ninety (90) consecutive calendar days, and the responsible person does not meet any of the exceptions set forth in Section 54.0315, a Notice of Abandoned Property Penalty may be issued to the responsible person for the property.

(b) A separate Notice of Abandoned Property Penalty shall be issued for each
subsequent penalty that may be assessed pursuant to Section 54.0315.

(c) The Notice of Abandoned Property Penalty shall be served upon the
responsible person by any one of the methods of service listed in San Diego
Municipal Code Section 11.0301.
(“Procedures for Boarded and Vacant Structure Penalty” added 5–28–1996 by O–
18301 N.S.)
(Retitled to “Procedures for Abandoned Property Penalty“ and amended 10-10-2012
by O-20203 N.S.; effective 11-9-2012.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (1-2016)

An appeal of an abandoned property penalty shall follow the procedures set forth in Division 5 of Article 2 of Chapter 1 of this Code. (“Appeal of Boarded and Vacant Structure Penalty” added 5–28–1996 by O–18301 N.S.) (Retitled to “Appeal of Abandoned Property Penalty” and amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

(a) The appeal hearing shall follow the enforcement hearing procedures set forth in Division 4, Article 2 of Chapter 1.

(b) The Enforcement Hearing Officer shall only consider evidence that is relevant
to the following issues:

(1) whether the property meets the definition of abandoned property
as provided in this Division for ninety (90) consecutive calendar
days;

(2) whether a Statement of Intent has been filed and approved by the
Director; and

(3) whether any of the exceptions set forth in Section
54.0315(a)(2)(A) through (D) have been met.

(c) The Enforcement Hearing Officer may assess administrative costs.
(“Administrative Enforcement Hearing” added 5–28–1996 by O–18301 N.S.)
(Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

The failure of any person to pay the penalty within the time specified in the Notice of Abandoned Property Penalty may result in the Director using any legal means to recover the civil penalties, including referring the matter to the City Treasurer to file a claim with the Small Claims Court. (“Failure to Pay Penalties” added 5–28–1996 by O–18301 N.S.) (Amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (1-2016)

Administrative civil penalties collected pursuant to this Division shall be deposited in the civil penalties fund established pursuant to Section 13.0402 of this Code. (“Allocation of Vacant Building Penalty” added 5–28–1996 by O–18301 N.S.) (Retitled to “Allocation of Vacant Structure Penalty” and amended 2-7-2006 by O- 19460 N.S.; effective 3-7-2006.) (Retitled to “Allocation of Abandoned Property Penalty“ 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

As authorized by California Health and Safety Code section 17980.9 (b)(1), the Director may require the demolition or expeditious rehabilitation of vacant structures which are single-family dwellings and deemed to be substandard as determined by an inspection by the Director. (“Timely Rehabilitation of Vacant Structures” added 2-7-2006 by O-19460 N.S.; effective 3-7-2006.) (Retitled to “Timely Rehabilitation of Abandoned Properties“ and amended 10-10-2012 by O-20203 N.S.; effective 11-9-2012.)

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Article 4: Public Hazards and Public Nuisances