San Marino Municipal Code Art. 18 Vacant Residential and Commercial Properties

This article is enacted to mitigate the public safety issues that can arise when residential and commercial properties are vacant for extended periods of time. It is the purpose and intent of the City of San Marino, through the establishment of a vacant residential and commercial registration program to protect areas within the city from becoming blighted by the lack of adequate maintenance and security of vacant residences and commercial buildings and to prevent vacant residences and commercial buildings from becoming substandard properties. The provisions of this article are in addition to other provisions of this code that pertain to vacant or substandard properties or property maintenance.

(Ord. 0-16-1312, 1-11-2017; Ord. 0-19-1355, 2-12-2020)

AUTHORIZED AGENT: The person(s) and/or entity that the property owner has designated in the uninhabited residence and commercial building registration form as having authority to act on the property owner's behalf.

EVIDENCE OF VACANCY: Any condition or information that on its own or combined with other conditions would lead a reasonable person to believe that the property is a vacant residence or commercial building or tenant space within a commercial building. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, graffiti, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation or commercial tenancy, or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

OWNER: The person(s) or entity shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor or their successors in interest and shall include a person or entity who has acquired title to a property through foreclosure or a similar legal proceeding.

UNOCCUPIED or VACANT: A building or structure intended for use as a single family residence or for commercial use which is unoccupied or for which there is evidence of vacancy, if the evidence of vacancy has existed for a period of at least thirty (30) days. Periodic visits to the residential or commercial property shall not constitute occupancy. The following do not constitute unoccupied structures: (1) properties which are actively under construction; (2) properties which are in escrow to be leased, sold or transferred, and (3) properties that are actively being marketed by an identified listing agent for sale or lease, that are posted with the listing agent's contact information, that are listed for sale in the Local Multiple Listing Service, that are regularly being shown to prospective buyers or lessees, and that are being actively maintained for the purpose of attracting buyers or lessees. (Ord. 0-16-1312, 1-11-2017; amd. Ord. 0-19-1355, 2-12-2020)

A. The owner of any unoccupied residence or commercial property or tenant space shall register the property with the San Marino police department. This information will be maintained by the San Marino police department and will be used solely for purposes related to this article. Registration shall occur when:

1. A property becomes vacant and the owner does not intend to have the property reoccupied within thirty (30) days;

2. A property becomes vacant and the property does not actually become occupied within thirty (30) days;

3. A certificate of occupancy is issued for a newly constructed or renovated property and the owner does not intend to have the property occupied within thirty (30) days; or

4. A certificate of occupancy is issued for newly constructed or renovated property and the property does not actually become occupied within thirty (30) days.

B. The registration shall identify the name and contact information for the property owner and at least one other authorized agent for the property. At least one contact shall be identified as a twenty-four (24) hour contact phone number for a person or company who is authorized to act on behalf of the owner must be able to respond to problems related to the property within one hour of receiving telephone notice.

C. Annual Registration statement:

1. Each owner shall cause to be filed with the city a notarized registration statement, which shall include the street address and parcel number of each vacant building and/or parcel, the names and addresses of all owners, and any other information deemed necessary by the city. For purposes of this article, the following shall also be applicable:

a. If the owner is a corporation, the registration statement shall provide the name and address of the corporation and the telephone number of a specified individual who is to be contacted by the city.

b. If the owner is an estate, registration statement shall provide the name and business or residential address of the executor or personal representative of the estate. A telephone contact number must also be provided.

c. If the owner is a trust, registration statement shall provide the name and address of the trustees and the name and telephone number of a specified individual who is to be contacted.

d. If the owner is a partnership or any form of unincorporated association, registration statement shall provide the names, telephone numbers and addresses of all partners with an interest of ten percent (10%) or greater.

e. If the owner is an individual person, registration statement shall provide the name and residence address of that individual person. A telephone contact number must also be provided.

f. One (1) registration statement shall be filed for each vacant building, commercial unit or parcel that the owner is registering.

g. If the status of the registration information referenced above changes, it is the responsibility of the owner and/or agent for the same to contact the San Marino police department within thirty (30) days of the occurrence of such change and advise the city in writing of those changes.

D. Properties subject to this section shall remain under the annual registration requirement, and the security and maintenance standards of this article as long as they remain vacant. In completing the registration, the owner shall acknowledge that:

1. The owner shall be strictly liable for any failure to maintain the vacant property or to respond within a timely manner regarding problems at the property; and

2. Failure to maintain the property in a manner free of any substandard or nuisance condition, including, but not limited, to standing water that can be a breeding ground for mosquitoes or other vectors, or an infestation of coyotes, vermin, or other wildlife, graffiti, any of which may result in enforcement actions by the city.

E. The owner shall pay an annual non-refundable registration fee at the time of registration in an amount set forth by resolution adopted by the city council. The registration shall be valid for one year from the date the complete registration form is received by the city. The property owner shall renew the registration as long as the property remains vacant and shall pay the renewal fee.

F. Inspection: At the time the vacant property is registered, the owner shall schedule an inspection with the code enforcement office. For each year that a property remains vacant the code enforcement officer may schedule annual inspections, as deemed necessary by the code enforcement officer, to monitor the condition of the property.

G. The owner or authorized agent shall notify the planning and building department and provide proof of occupancy once any unoccupied residence or commercial structure or tenant space becomes occupied. (Ord. 0-16-1312, 1-11-2017; amd. Ord. 0-19-1355, 2-12-2020)

If a city representative responds to a call for service relating to a residence or commercial structure that appears to be vacant and which is not registered with the city, a notice regarding the requirements of this article will be left at the property.

If there is no response to this notice, follow-up checks may be made no less than every thirty (30) days with subsequent notice(s) left for the owner. (Ord. 0-16-1312, 1-11-2017; amd. Ord. 0-19-1355, 2-12-2020)

It shall be unlawful for any owner to discontinue water service to a residence or commercial property for period of sixty (60) consecutive days or more. (Ord. 0-10-1355, 2-12-2020)

A. Nothing in this article shall be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of educational programs, notices, and administrative citations.

B. The planning and building director or his or her designee, including but not limited to police officers, code enforcement officers, the building official or other enforcement officials, shall have the authority to enforce the provisions of this article.

C. Violations of this article may be enforced through any lawful means under the San Marino Municipal Code. (Ord. 0-19-1355, 2-12-2020)

A. Vacant properties shall not be kept in a substandard condition. Vacant properties shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is vacant or abandoned. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior of the structure. Visible front and side yards shall be landscaped and maintained to the neighborhood standard existing at the time registration was required.

B. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or in a condition that could be a breeding ground for mosquitoes and other vectors, or shall be drained and kept dry. In either case properties with pools or spas must comply with the minimum security fencing requirements of the State of California.

C. Yard Maintenance: Front, side, and rear yards, including landscaping, shall be maintained in a clean and thriving condition in accordance with the applicable Code(s). Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod. Acceptable maintenance of yards and/or landscape shall not include weeds, broken concrete, asphalt or similar material. Maintenance shall include, but not be limited to, cutting and mowing of required ground cover or landscaping, and removal of all trimmings.

D. Vacant properties shall be maintained so as not to become a refuge for coyotes, vermin or other wildlife.

E. Failure to adhere to the maintenance standards for vacant properties shall be a public nuisance, subject to abatement or summary abatement in accordance with this code.

(Ord. 0-19-1355, 2-12-2020; amd. Ord. O-24-1413, 9-27-2024)

A. Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings. Broken windows, doors, gates and other openings must be repaired. Broken windows shall be secured by re-glazing of the window. (Windows may only be boarded temporarily for such time as is necessary to replace the broken glass.) (Ord. 0-19-1355, 2-12-2020)

A. It shall be unlawful and a violation of this code for an owner to fail to register a vacant residence or commercial building or tenant space, which shall be treated as a strict liability offense regardless of intent.

1. If the city finds that any residence or commercial structure or tenant space is unoccupied or exhibits evidence of vacancy, the city may post a notice of violation and order the owner to register the property. A copy of the notice and order shall be sent to the owner by U.S. Mail. The owner may contest the notice and order by filing a written objection with the planning and building department within seven (7) days of the posting of the notice and order. Planning and building department staff will contact the owner to discuss the objection. If the planning and building department does not withdraw the notice and order, or the owner does not register the vacant residence or commercial building or tenant space within seven (7) days of filing the written objection, then a hearing on the objection will be scheduled at a date and time determined by the planning and building director. After a hearing, the determination of the planning and building director or his or her designee as to whether the residence or commercial building or tenant space is vacant or occupied shall be final.

2. An owner's failure to register a vacant residence or commercial building or tenant space shall be deemed an infraction and shall be punishable pursuant to section 01.04.03 A of the San Marino Municipal Code.

3. An owner's failure to register a vacant residence or commercial building or tenant space shall be subject to an administrative fine pursuant to chapter 1 of article 6 subsection B of the San Marino Municipal Code.

4. Each day that an vacant property or tenant space remains unregistered shall be a separate offense.

B. It shall be unlawful and a violation of this code for an owner to fail to respond, either personally or through an authorized agent, to any contact from the city within forty-eight (48) hours, or within one (1) hour if the contact relates to an immediate public health and safety issue, which shall be treated as a strict liability offense regardless of intent.

1. If the owner or authorized agent cannot be timely reached, does not timely respond, or does not timely abate any substandard conditions, it shall be grounds for the city to proceed with summary abatement pursuant to chapter 8 article 3 of the San Marino Municipal Code.

2. If an authorized agent cannot be reached, the owner shall be liable for an infraction, which shall be punishable pursuant to section 01.04.03 A of the San Marino Municipal Code.

3. If an authorized agent cannot be reached, the owner shall be subject to an administrative fine pursuant to chapter 1 of article 6 of the San Marino Municipal Code. (Ord. 0-16-1312, 1-11-2017; amd. Ord. 0-19-1355, 2-12-2020)