Susanville Municipal Code Ch. 15.09 Neglected Vacant Buildings

The Susanville city council finds that vacant buildings and vacant boarded-up buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings attract vagrants and transients and invite criminal activity, the dumping of trash and garbage and unauthorized occupation. The use of vacant buildings by transients, who may employ primitive cooking or heating methods, creates a risk of fire for vacant buildings and adjacent properties. Vacant buildings, whether or not those buildings are boarded, discourage economic development and retard appreciation of property values. It is the responsibility of the owner to prevent owned property from becoming a burden to the neighborhood and community, and a threat to the public health, safety and welfare.

The city council also finds that because of the potential economic and public health, safety and welfare problems caused by vacant buildings, the city needs to monitor vacant buildings so that they do not become attractive nuisances, are not used by vagrants or trespassers, are properly secured and maintained, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police department, fire department, planning and building division and engineering division. There is a substantial cost to the city for monitoring vacant buildings which should be paid by the owners of the vacant buildings. The city has established the vacant building monitoring program to accomplish this purpose.

The purpose of this chapter is to require that vacant dwellings and buildings within the incorporated limits of the city of Susanville are maintained to certain minimum standards and suitable for use or habitation while allowing them to be properly secured and boarded up for a limited period time, and that dwellings and buildings which remain vacant and unoccupied for appreciable periods of time do not become public nuisances.

(Ord. 17-1011 § 6, 2017)

A building that is vacant or vacant and boarded in violation of this chapter is a public nuisance. In addition to the provisions in this chapter, the city is authorized to use the remedies set forth in state law, the California Building Code, the Uniform Code for the Abatement of Dangerous Buildings, and the city of Susanville Municipal Code.

The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. The imposition of a vacant building monitoring program fee shall not preclude the city from seeking all other remedial penalties available under the city of Susanville Municipal Code.

Any person violating the provisions of this chapter may be charged with either an infraction for each day such violation continues or with a misdemeanor. In addition to the remedies provided herein, violations of this chapter may be abated as a public nuisance pursuant to Chapter 8.32 of this code and/or administrative citation(s) issued pursuant to Chapter 8.40 of this code.

(Ord. 17-1011 § 6, 2017)

A. "Vacant building" means any building or structure, or unit in a building or structure, which is unoccupied or occupied by unauthorized persons. The definition includes without limitation, buildings or structures of any nature intended for human habitation, occupation or use and includes manufactured housing or mobile homes. A neglected vacant building is a vacant building which is not maintained in accordance with the provisions of this chapter.

B. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if:

1. The building is the subject of an active building permit for improvement, repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;

2. The building or structure meets minimum building code standards, does not otherwise constitute a public nuisance, is ready for use or occupancy and/or is actively being offered for sale, lease or rent;

3. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include:

a. Maintenance of landscaping and plant materials in good condition,

b. Maintenance of the exterior of the building or structure, including, but not limited to, its paint and finishes, in good condition,

c. Regular removal of all exterior trash, debris and graffiti,

d. Maintenance of the building or structure in continuing compliance with all applicable codes and regulations,

e. Active prevention of all criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity, loitering or trespassing;

4. The building or structure, or unit in a building or structure is unoccupied due to fire, flood, earthquake, or other form of natural disaster and the owner provides evidence to the city that he or she is actively pursuing assistance for demolition, rehabilitation or restoration of the building and/or premises from local, state or federal assistance programs or from insurance agencies.

(Ord. 17-1011 § 6, 2017)

It is unlawful for any person who owns, controls, or is the responsible agent for a vacant building to maintain, or cause or permit the maintenance of the vacant building as a neglected vacant building or in a neglected condition.

(Ord. 17-1011 § 6, 2017)

A. All vacant buildings shall be maintained in a structurally sound condition.

B. All electrical, natural gas, sanitary, and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety.

(Ord. 17-1011 § 6, 2017)

A. All vacant buildings shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds, brush, vegetation, and debris which may constitute a fire hazard.

B. No vacant building or portion thereof shall be used for the storage of hazardous, combustible or flammable liquids or other materials which would constitute a safety or fire hazard.

C. Heating facilities maintained in accordance with applicable codes. If heating equipment in a vacant buildings is to be disabled fuel supply shall be removed or terminated in accordance with applicable codes and ordinances and the water supply to the building turned off to prevent burst water pipes in freezing weather conditions.

D. The street address of the building shall be posted and shall be visible from the street.

(Ord. 17-1011 § 6, 2017)

A. All vacant buildings shall be maintained in a way which secures it from any unauthorized entry.

B. The owner or responsible agent of a vacant building which has remained unoccupied for a period of more than 30 days and which has suffered from vandalism, broken windows, broken doors or which had an unauthorized entry must repairs such damage within 15 days of becoming aware of such damage. Alternately, the owner or responsible agent may provide security which is adequate to prevent further deterioration and/or unauthorized entry for a time period of up to six months. After six months the building must be un-boarded and actively maintained and monitored as required in Section 15.09.030(B)(3) or payment of the quarterly monitoring fee described in Section 15.09.120 shall be applied to the property.

Methods of securing the building or structure must meet or exceed the following minimum standards or equivalent standards as determined by the city building official:

1. Windows. Windows and similar openings shall be boarded with exterior grade plywood of minimum thickness three-fourths inch (to be consistent with door security standards) or its equivalent. Vent holes may be required, as deemed necessary by the building official. The plywood shall be secured in place, as a minimum standard, by a set of two Grade No. 2 Douglas fir two-by-four cross members set at two feet on center vertically, secured to the plywood by three-eighths-inch plated carriage bolts with large washers at each end. Bolts used to secure the cross member shall be threaded to the correct length. A minimum of two such cross members shall be used on each window. Each cross member shall be a continuous piece of lumber, and each should extend approximately one foot past the window opening in each direction unless interior condition limit such extension. Bolts and nuts used to secure the cross members to the plywood must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood and not give a purchase for pliers or pry bars. The nuts are to be located on the interior side of the structure.

2. Exterior Doors. There shall be at least one operable door into each building and into each unit of the building. If an existing door is operable but lacks an operable locking mechanism it may be used and secured with a suitable lock such as a hasp and minimum two-inch case hardened padlock or a one-inch deadbolt or deadlatch with two and one-half-inch long # 8 screws in the strike-plate penetrating into the trimmer stud. If doors and frame(s) have been damaged, the main exterior (required) residential exit door(s) and all commercial exterior exit doors shall be boarded with exterior grade plywood of a minimum thickness of three-fourths inch or its equivalent, fitted to the entry door jamb with maximum one-eighth-inch clearance at each edge from the door jambs and threshold. The existing door should be removed. The plywood shall, as a minimum standard, be attached to three Grade No. 2 Douglas fir horizontal two-by-four wooden crossbars with two each three-eighths-inch carriage bolts and matching hardware, with nuts located on the interior side of the structure. The plywood shall be attached to the door entry with three case-hardened strap hinges located at quarter points and the plywood shall be secured by two case-hardened steel hasps located at third points on the strike side of the door and minimum two-inch case-hardened padlock. Fasteners used to attach the door hasp and hinges shall be the nonreversible type that do not give a purchase for pliers or pry bars. All other unsecured residential doors providing exterior access shall be removed and be secured in the same fashion as windows noted above.

3. Overhead garage doors shall be secured. Nailing the door to the jamb or nailing pieces of two-by-four to the jamb is not acceptable. The overhead door shall be padlocked with the existing garage lock or a newly installed one. In an attached garage it is acceptable, as a minimum standard, to insert a piece of Grade No. 2 Douglas fir two-by-four lumber through the overhead mechanism on the inside of the door. The two-by-four shall be long enough to go through both sides of the mechanism or shall be nailed in place on the inside so that it cannot fall out. Secondary garage entrances to the outside of the garage shall be secured with strong-backed plywood as described for windows above. Access doors between the house and attached garage need not be boarded. Detached garages shall be secured as separate structures.

4. All materials used to cover and secure window door or other openings shall be painted to match or complement the color of the main structure.

5. The property owner shall obtain a building permit for work done under this section and an inspection of the work shall be performed by the city.

(Ord. 17-1011 § 6, 2017)

All vacant buildings including all adjoining yard areas shall be maintained free of debris, combustible materials, litter and garbage.

(Ord. 17-1011 § 6, 2017)

A. All vacant buildings must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti pursuant to Chapter 12.24 of this code.

B. All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant building and to create a sufficient appearance of repair. If the building is subject to an existing use permit all conditions related to maintenance of the exterior of the structure or parcel on which the building is located shall continue to be complied with including the maintenance of landscaping.

C. The exterior of the vacant building property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety. Grasses and weeds shall be cut to a height not to exceed four inches and dead shrubs and trees removed.

D. Signage that no longer relate to the activities in the building shall be removed from the site. Any remaining signage shall be maintained in a manner which minimizes the appearance of vacancy.

(Ord. 17-1011 § 6, 2017)

A. Purpose. The quarterly monitoring fee will be used to finance the cost of monitoring, inspection and enforcement related to this chapter and to secure buildings and abate conditions on the property.

B. Fee Imposed. A quarterly monitoring fee in an amount of $250 may be imposed upon every owner of a neglected vacant building in violation of this chapter. The quarterly monitoring fee is due within 30 days of notice that the building is vacant and in violation of this chapter. The fee is due for every quarter upon which the building is vacant, even if the building is only vacant part of the quarter. The owner will be billed at the beginning of each quarter while the building is in violation of this chapter. The fee shall be payable as to any building, residential or nonresidential, which the hearing board, as defined by Chapter 8.32, determines to be in violation of this chapter or has been boarded up for more than six months. Within 10 days of enrollment in the vacant building monitoring program, the owner must place a sign in a visible area in the front of the vacant building that indicates that the building has been enrolled in the city of Susanville's vacant building monitoring program. The sign will be provided to the owner by the city upon enrollment.

C. Notice and Procedures. The vacant building monitoring fee shall be billed to the owner of the property. Notice shall be served either personally, by first class mail, or by certified mail, addressed to the owner as the address appears on the last equalized assessment roll or as known to the enforcement official. A hearing shall also be set with the hearing board as proscribed in Section 8.32.120 to allow the owner opportunity to contest enrollment into the vacant building monitoring program. The hearing board may waive the fee and enrollment if the property owners can show that that any of the conditions listed in Section 15.09.030(B)(3) are applicable to the building or structure. The owner shall provide substantial evidence supporting the grounds for the waiver. After conducting the hearing and finding that the property is subject to the vacant building monitoring program, the hearing board shall direct that a bill be sent to the property owner with the notice stating a violation of this chapter exists, setting forth the reasons for the decision and that notice shall constitute enrollment in the vacant building monitoring program.

D. The owner of a vacant building shall not allow or cause any use of the property or any buildings thereon unless the property owner has first corrected the violations which caused placement into the program and has paid the required quarterly monitoring fee, as well as any other penalties or fines owed to the city.

E. Within 15 days of the decision by the hearing board to bill for the vacant building monitoring program fee, the city manager or designee shall file in the office of the county recorder a notice that the building is subject to the vacant building monitoring program fee and that upon transfer of the property the new owner shall have 90 days to bring the building or structure into compliance.

F. Upon transfer or sale of a vacant building, the seller shall provide written notification to the city manager or designee that the property has been transferred or sold.

G. Any fees established pursuant to this chapter which are more than 30 days delinquent, or not paid within 30 days after the decision of the hearing board has been mailed to the owner, shall constitute an assessment against the property. The city may use all legally available procedures to collect any unpaid fee, including, but not limited to, collecting the unpaid fee on the tax roll or recording a lien on the property, consistent with applicable law.

(Ord. 17-1011 § 6, 2017)