San Mateo Municipal Code Ch. 7.48 Vacant Lot Maintenance

The intent and purpose of this chapter is to alleviate visual blight and nuisance conditions associated with vacant lots throughout the city by providing standards for the maintenance and appearance of vacant lots.

As used in this chapter, "vacant lot" means any property, with the exception of those properties located in R1 or R2 zoning districts, that is undeveloped; or property that is developed with a building or structure and is abandoned, vacant, or unoccupied by the property owner, tenant, or subtenant for more than 180 consecutive days.

(a) All vacant lots shall be improved and maintained at all times with landscaping and fencing; or in accordance with an approved maintenance plan; or by a third party through an agreement with the property owner, as follows:

(1) Landscaping and Fencing.

(A) A minimum five-foot wide landscaped buffer area must be maintained along the perimeter of a vacant lot, between all sidewalks, streets, alleys, or other public rights-of-way and the fence required by subsection (a)(1)(B). Buffer areas must be landscaped with native plants, low-water use plants, or no-water use plants, as defined in Chapter 23.72.

(i) If necessary for stormwater or runoff control, the City may require that the entire site be planted and maintained with a drought-tolerant ground cover that will fully cover all exposed soil within six months of planting, or covered to a minimum depth of two inches with crushed rock.

(ii) The vacant lot must be improved with an operable automatic irrigation system for the landscaping which must be installed and maintained in good condition by the property owner at all times.

(B) A fence must be installed behind the landscaped buffer area.

(i) Fences shall have a gate to allow for maintenance and emergency access.

(ii) Fence materials and colors shall be compatible with the streetscape and surrounding environment. Chain link and barbed wire fences are prohibited.

(iii) Fence height shall not exceed the applicable limits set forth in Chapter 27.84.

(2) Maintenance Plan. The maintenance plan shall be subject to the approval of the Director of Community Development, or designee, and shall contain the following information:

(A) The street address and APN(s) of the vacant lot.

(B) The name, address, and telephone number of the property owner.

(C) The name, address, and telephone number of any local agent or representative of the property owner who shall be authorized and responsible for undertaking any activities required by the maintenance plan.

(D) The effective date and term for the maintenance plan.

(E) A time schedule and description of any aesthetic enhancements, such as landscaping, lighting, or other features to be installed upon the property.

(F) A time schedule and description of ongoing maintenance activities to be performed on the vacant lot.

(3) An agreement between the property owner and a third party, such as a community group or non-profit entity, wherein the property owner permits the third party temporary use of the vacant lot for community purposes. Any proposed use under this paragraph is subject to the approval of the Director of Community Development. The agreement between the property owner and third party is subject to the review and approval of the City Attorney.

(b) General Requirements. Vacant lots must be maintained free of litter, weeds, graffiti, debris, storage units, and the stockpiling of any material at all times. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that no litter, weeds, graffiti, debris, storage units, or materials are stockpiled, collect, or are maintained on the lot. Any dead or dying vegetation, as well as any broken, malfunctioning irrigation components on the lot must be replaced by the property owner, or designee, within 72 hours of discovery or notification by the city.

(a) Failure to maintain any vacant lot as required by this chapter constitutes a public nuisance.

(b) Each day that a violation continues shall constitute a separate offense and shall be punishable as such.

(c) Enforcement. Any violation of this chapter may be enforced by any method provided by this code.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

If any section, clause or provision of this chapter shall be determined to be invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

All vacant lots existing at the time this chapter becomes effective must comply with this chapter within 90 days of receiving notice from the City alerting the property owner of the requirements of this section. A reasonable extension of time may be granted by the Community Development Director for good cause as determined by the Community Development Director or designee. For the purposes of this section only, receipt of notice is deemed to have been provided five days after such notice is mailed by first class mail to the property owner(s) shown on the last assessment roll of the county. The failure of any property owner to receive this notice does not affect the validity of any proceedings under this chapter.