Sierra Madre Municipal Code Ch. 8.17 Maintenance of Vacant Commercial Property

This chapter shall be known as the "Vacant Commercial Property Maintenance Ordinance" and may be so cited.

(Ord. No. 1306, § 1, 3-9-10)

It is the purpose and intent of the Sierra Madre City Council, through the adoption of this chapter, to establish vacant commercial property maintenance standards as a mechanism to protect commercial areas and adjacent residential neighborhoods from becoming blighted through the lack of adequate maintenance and/or security of vacant properties.

(Ord. No. 1306, § 1, 3-9-10)

For the purpose of this chapter, the following terms shall be defined as set forth in this section:

"Accessible property" shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.

"Accessible structure" shall mean a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

"City" shall mean the City of Sierra Madre.

"Evidence of vacancy" shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of commercial furnishings consistent with the uses permitted within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

"Local" shall mean within fifteen driving miles' distance of the subject property.

"Owner" shall mean any person having legal or equitable title or any interest in any real property.

"Owner of record" shall mean the person having title to the property at any given point in time as recorded with the Los Angeles County Recorder's Office.

"Person" shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

"Responsible party" shall mean any person that has title to or control over real property. "Responsible party" includes, but is not limited to, owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies, as well as any person acting on behalf of another responsible party.

"Securing" shall mean and include such measures as may be directed by the community and economic development director (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers, chaining or pad locking of gates, and/or the repair or replacement of doors, windows, and/or other openings.

"Vacant" shall mean not legally occupied or not having a business venture or economic activity operating out of it for a continuous period of more than two months

"Vacant commercial property" shall mean any existing property or building which becomes vacant or shows evidence of vacancy for a period of more than two months and is located within the commercial zone.

(Ord. No. 1306, § 1, 3-9-10)

Vacant commercial property shall be maintained in a neat, clean, and healthful condition at all times. The following conditions shall not comport to a neat, clean, and healthful condition and shall be explicitly prohibited:

(a) Buildings or structures with graffiti, tagging, or other markings, or graffiti, tagging, or other markings that have not been completely removed or painted over with a color matching the exterior of the remaining portion of the building or structure;

(b) Accumulations of lumber, junk, trash, debris, construction material, household furniture, appliances, clothing, or discarded, unused, or abandoned personal property on exterior portions of the real property;

(c) Accumulations of newspapers, circulars, flyers, notices, or other printed material that give the appearance that the property is vacant (except those required by federal, state, or local law);

(d) Vegetation which is unmaintained, overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced;

(e) Swimming pools, spas, or other bodies of water that are not maintained in such a manner as to be free and clear of pollutants or debris, or that are maintained in such a manner as to be likely to harbor mosquitoes, insects, or vector, including, but not limited to, water that is clouded or green, water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or swimming pools that are not secured and/or maintained;

(f) Signage advertising or announcing the presence of abandoned commercial uses, commercial uses no longer present on-site or commercial uses located off-site;

(g) Accessible property or accessible structures not secured as required by the Sierra Madre Municipal Code.

Nothing contained within this chapter relieves a responsible party from complying with any other obligation set forth in any applicable covenants, conditions, and restrictions and/or homeowners' association rules and regulations, or with any other provisions of the Sierra Madre Municipal Code or applicable state law.

(Ord. No. 1306, § 1, 3-9-10)

A. Vacant commercial properties shall be secured within seventy-two hours of becoming vacant or showing evidence of vacancy in a manner to prevent access by unauthorized persons, including but not limited to the closure, locking, and/or replacement of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property and/or buildings or structures located thereon (including garage structures or detached accessory structures).

B. Broken windows, doors or other openings shall be secured by replacement with finished materials or re-glazing with undamaged glass, and not by cardboard, plywood, or other temporary means, except by prior written approval of the city manager (or designee thereof). Moreover, such approval shall be for a period of no more than two weeks and the boarding of any window, door, or other opening pursuant to such approval shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.

C. Security measures such as alarm systems, video systems, night security lighting, security guard services and increased frequency of on-site inspections shall be implemented within seventy-two hours of becoming vacant or showing evidence of vacancy in a manner to prevent access by unauthorized persons and deter unlawful activity on site. The use of guard dogs, untended security alarms or other security measures tending to disturb the public peace and quiet enjoyment of property shall be prohibited.

D. Responsible parties for any vacant commercial property shall submit a "letter of agency" or other similarly entitled authorization to the Sierra Madre Police Department every thirty calendar days and post "No Trespassing" signs as required and approved by the city so that the Sierra Madre Police Department is authorized to remove and/or arrest all unauthorized persons from the property.

(Ord. No. 1306, § 1, 3-9-10)

A. Responsible parties for any vacant commercial properties shall retain the services of a local property management company that shall be responsible for the security, maintenance, and marketing of the real property. The retention of a local property management company shall not relieve other responsible parties of their obligations, duties, or responsibilities. Responsible parties shall provide in writing the name and telephone number of the local property management company to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property.

B. Responsible parties shall cause the on-site inspection of any vacant commercial property to be inspected on a weekly basis and shall submit a written inspection report to the city manager (or designee thereof) on or before the tenth day of each calendar month for which the property remains vacant. The written report shall consist of, at a minimum, (1) the address of the real property being inspected, (2) the dates of inspection, (3) a description of any unlawful conditions observed, and (4) the actions taken or proposed to be taken by the responsible party to abate the unlawful conditions.

C. Responsible parties shall cause the abatement of any unlawful condition existing on vacant commercial property within forty-eight hours of observing or of being notified of the unlawful condition. Nothing in this chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by the Sierra Madre Municipal Code.

(Ord. No. 1306, § 1, 3-9-10)

(a) In addition to the specific maintenance and security requirements provided in this chapter, the city manager, the police chief, and/or the fire chief (or designees thereof) shall have the authority to require responsible parties for vacant commercial property to implement additional maintenance and security measures in order to effectuate the purpose of this chapter, including, but not limited to, the installation of security lighting, increasing the frequency of on-site inspections, employment of an on-site security guard, and/or posting of additional signage at the subject property.

(b) In accordance with the requirements, procedures, and provisions of Sections 8.36.080 and 8.36.090 of the Sierra Madre Municipal Code, any responsible party may request a hearing before the planning commission in order to challenge or appeal the imposition of any additional maintenance and/or security requirements pursuant to this section.

(Ord. No. 1306, § 1, 3-9-10)

A. The failure to maintain any vacant commercial property in accordance with the standards set forth in this chapter is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards and to be injurious to the health, safety and general welfare. Therefore, the failure to maintain any vacant commercial building in accordance with the standards set forth in this chapter is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of Chapter 1.18 or Chapter 8.16.

B. Notwithstanding any other provision of the Sierra Madre Municipal Code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapter 1.12 of the Sierra Madre Municipal Code and is also subject to administrative citations in accordance with Chapter 1.18 of the Sierra Madre Municipal Code.

C. This chapter does not exclusively regulate the use, maintenance, and security of real and/or personal property within the city, and the remedies provided in this chapter are in addition to other remedies and penalties authorized by the Sierra Madre Municipal Code, or by the laws of the State of California or of the United States.

(Ord. No. 1306, § 1, 3-9-10)