South El Monte Municipal Code Ch. 8.30 Vacant Building Security and Maintenance

For the purposes of this chapter, certain words and phrases used in this chapter are defined in Section 8.31.010 or as follows:

"Boarding"

means covering of all entry points to a building or structure, including all doors, windows and roof openings, with plywood or other materials for the purpose of preventing entry into the building.

"City"

means the city of South El Monte.

"City manager"

means the city manager of the city, or designee.

"Vacant building"

means any building that is unoccupied by any person, or that is occupied by an unauthorized person for any amount of time.

(Ord. 1168 §1, 2012)

A. The owner of a vacant building shall board such building when it cannot be secured against intrusion by unauthorized persons by means of the closing and locking of doors and windows.

B. The city may board properties as a result of an abatement action brought under the Municipal Code. The owner shall be responsible for the cost of boarding and the property may be subject to an abatement lien for the cost of the boarding.

C. Any building that is boarded, whether by voluntary action of the owner, or as a result of enforcement activity by the city, shall be boarded as follows:

1. For residential property, the standards for boarding a vacant residential building or structure, shall be substantially in accordance with Attachment No. 4 of HUD Mortgagee Letter 2007-03, dated January 25, 2007;

2. For commercial or industrial use property, the standards for boarding a vacant commercial or industrial building or structure to prevent unauthorized entry into the building shall be as directed by written instruction of the city manager based upon an inspection of the vacant building by the city manager.

D. The owner shall maintain and monitor each vacant building in compliance with Section 8.30.030 of this chapter.

(Ord. 1168 §1, 2012)

To fulfill its responsibility to maintain and monitor a vacant building, the owner shall comply with the standards set forth in HUD mortgagee Letter 2007-03, dated January 25, 2007, or such other standards that may be ordered in writing by the city manager. The city manager may order the owner to:

A. Regularly maintain landscaping and plant materials on the parcel of land on which the vacant building is located.

B. Regularly maintain the exterior of the building and exterior signage and signage structures.

C. Regularly remove of all exterior trash and debris from the parcel of land on which the vacant building is located.

D. Maintain the vacant building in continuing compliance with all applicable codes and regulations.

E. Promptly remove graffiti which has been applied to any exterior surface on the vacant building or fencing surrounding the building, including graffiti applied to any sign attached to the vacant building.

F. Take all reasonable steps to prevent any criminal activity, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity on the parcel of land on which the vacant building is located, including notifying Los Angeles County sheriff of such activity.

G. Post a notice in a conspicuous place on the front of the vacant building stating the name, address, and telephone number of both the owner and, if applicable, the owner's agent in control of the building including a twenty-four-hour contact phone number of any local property management company. The posting shall be no less than eighteen inches by twenty-four inches and shall be of a font that is legible from a distance of forty-five feet and shall contain the words "THIS PROPERTY IS MANAGED BY [insert name of owner or manager]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert telephone number of owner or manager] OR CALL THE CITY OF SOUTH EL MONTE AT (626) 579-6540." The notice shall be placed in a location that is visible from the street adjacent to the front lot line, in the following order:

1. Interior of a window;

2. Exterior of the building if no window is visible from the street; or

3. If the notice cannot be posted in either subsection (G)(1) or (2), in a location not readily accessible to vandals. Notices posted on exterior locations shall be constructed of and printed with weather resistant materials.

(Ord. 1168 §1, 2012)

No owner shall permit a building to be vacant for more than thirty days, unless one of the following applies:

A. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the work of repair or rehabilitation.

B. The condition of the building complies with all codes, does not contribute to blight, is ready for occupancy and is actively being:

1. Offered by the owner for sale, lease, or rent; and

2. Maintained and monitored by the owner as provided in Section 8.30.030.

(Ord. 1168 §1, 2012)

The owner of any vacant building declared to be a public nuisance shall pay a monthly monitoring fee. The monitoring fee shall be imposed upon the initial determination that the building constitutes a public nuisance. The fee shall thereafter be imposed during each thirty-day period following the imposition of the initial monitoring fee. The owner shall pay the monitoring fee for each month, or portion thereof, that the vacant building remains a public nuisance.

(Ord. 1168 §1, 2012)

The owner of a vacant building shall pay an enforcement response fee upon the city's initial response to the vacant building for the costs and value of time expended by the city in responding to the vacant building. The enforcement response fee shall be imposed upon the owner for each subsequent response to the vacant building.

(Ord. 1168 §1, 2012)

Fees and charges established by this chapter shall be set by resolution of the city council.

(Ord. 1168 §1, 2012)

Notwithstanding the provisions of Section 1.14.010 of this Code, any owner of a parcel of property on which a building is situated which is in violation of this chapter shall be subject to an administrative penalty, in an amount not to exceed one thousand dollars per building for the first violation.

A second administrative penalty shall be imposed upon an owner pursuant to this chapter if the owner's building remains in violation of this chapter thirty days following the imposition of the first administrative penalty. Additional penalties may be imposed for each succeeding thirty-day period following the imposition of the preceding administrative penalty under this chapter. Additional penalties may be imposed for each violation so long as the violation continues. A second and subsequent penalty shall be in an amount not to exceed one thousand dollars.

If a previous administrative penalty has been imposed pursuant to this chapter upon an owner within six months of the date of the imposition of the prior administrative penalty, and that previous administrative penalty related to a vacant building other than the building subject to a subsequent administrative penalty, any such penalty imposed shall be imposed pursuant to Chapter 1.14 of this Code.

(Ord. 1168 §1, 2012)

In addition to the enforcement remedies established in this Code, the city manager shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section to implement additional maintenance and security measures, including, but not limited to, securing any door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to prevent the decline of the property and the vacant building.

(Ord. 1168 §1, 2012)

A violation of this chapter may be enforced by any means as authorized in this Code.

(Ord. 1168 §1, 2012)

Any person aggrieved by any of the requirements of this chapter, or by an order of the city manager, may appeal such matter as provided in Chapter 1.14 of this Code.

(Ord. 1168 §1, 2012)

Any person, firm or corporation that violates any portion of this chapter shall be subject to prosecution under Section 1.16.010 and administrative enforcement under Chapter 1.14 of this Code.

(Ord. 1168 §1, 2012)