Sanger Municipal Code Art. III Maintenance of Vacant Buildings

Footnotes:

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Editor's note— Ord. No. 2021-03, § 1, adopted March 18, 2021, repealed Art. III, §§ 38-86—38-99, and § 2 enacted a new Art. III as set out herein. The former Art. III pertained to maintenance of foreclosed, vacant residential property and derived from Ord. No. 1103, § 1, adopted Sept. 4, 2008.

All vacant buildings shall be maintained consistent with the requirements of this article. A vacant building which is not maintained as required under this article shall be deemed a public nuisance. If an enforcement officer as defined in chapter 1, article II of this Code finds the building is being maintained in violation of this article, the enforcement officer may issue a notice of correction to the property owner and the property owner may be subject to enforcement action as set forth in this article.

(Ord. No. 2021-03, § 2, 3-18-21)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vacant building means real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean 50 percent or more of the units are unoccupied or occupied by unauthorized persons.

(Ord. No. 2021-03, § 2, 3-18-21)

All vacant buildings shall be actively maintained, monitored and secured in compliance with all of the following standards:

(1) Maintain all yards visible from any public right of way, including interior yards visible from adjacent properties to be maintained in a safe and sanitary condition, including keeping all plant materials controlled to avoid overgrowth as defined in this article; including park strips, with landscaping as defined in this article, installed and maintained in a trimmed, live and healthy condition; the requirements of this subsection to maintain live plant material shall not be effective if and during the time the city has implemented water shortage contingency rationing under its water conservation ordinance.

(2) Maintain the exterior of the building, including but not limited to, paint, finishes, roofing materials, siding, stucco, masonry, railings, steps, gutters, and structural elements in good condition. Painted surfaces shall be deemed in good condition if there is at least 95 percent coverage of the structural element that is painted.

(3) Remove all trash and debris from exterior of the property within 72 hours of notification.

(4) Comply with all applicable state and local codes and regulations, and any applicable city issued permits and site plans in the replacement and repair of all elements of the exterior of the building.

(5) Take all reasonable steps necessary to prevent criminal activity, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity, on the premises. Examples of reasonable steps include actively monitored security alarm systems and frequent physical inspections.

(6) Secure and maintain the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers. Securing windows that are visible from any public right of way shall be done only with rigid transparent material such as plywood or clear Lexan type material with a minimum of ⅜ inch thickness to ½ inch thickness and including minimum ½ inch washers to secure.

(7) Remove all graffiti on the property within 48 hours of placement on the property.

(8) Maintain the property free of all fire hazards.

(9) Maintain the property in compliance with chapter 38, article I of this Code.

(Ord. No. 2021-03, § 2, 3-18-21)

All buildings that have been or are expected to be vacant for longer than 60 days shall be registered with the city as may be provided on a city website and city application. The registration shall include the identity of all record owners, the street address of the vacant building, and a local contact and shall be maintained only for internal use by the city. The city council has discretion to adopt a registration fee by resolution to be part of the city's master fee schedule.

(Ord. No. 2021-03, § 2, 3-18-21)

Failure by the property owner to comply with each of the requirements and standards set forth in sections 38.88 and 38.89 above for the exterior of a vacant building within 20 days of notification under this section is a separate violation of this Code and subject to the following penalties:

(1) Use of any abatement procedure provided in chapter 38, article I of this Code;

(2) Issuance of a criminal citation under chapter 1, article II of this Code, should the owner of a vacant building be found responsible for three or more violations of this Article on three or more separate buildings within a 30 day period;

(3) Issuance of an administrative citation under chapter 1, article II of this Code. There shall be a presumption that a violation continued from day to day between the initial inspection date at which it was observed by the city and a subsequent inspection date at which it continued to exist; and/or

(4) Vacant properties that are not registered on the city's vacant property registry shall be subject to an administrative citation; and/or

(5) Institution of legal action to pursue any available legal remedy, including receivership or injunction, by the city attorney upon request by the city manager or city council.

(Ord. No. 2021-03, § 2, 3-18-21)

If a vacant building has been found to be in violation of this article, the building shall not be occupied until all fines and abatement costs are paid, or acceptable arrangements with the city for payment have been made, and the owner certifies the property meets all health and safety code standards that are required for occupancy and the property owner receives a written release from the city. The city reserves the right to require an interior inspection of the property to ensure the property meets local and state law requirements for habitability prior to issuing the city's release for occupancy.

(Ord. No. 2021-03, § 2, 3-18-21)

Owners of newly acquired blighted vacant buildings shall have 60 days from the date of legal possession of the building to be in compliance with this article.

(Ord. No. 2021-03, § 2, 3-18-21)