Taft Municipal Code Ch. 4.3 Public Nuisances; Vacant Dwellings or Buildings

This chapter shall be known as the CODE FOR REGULATION OF VACANT DWELLINGS AND BUILDINGS, may be cited as such, and will be referred to in this chapter as "this chapter". (Ord. 803-14, 5-20-2014)

(A) The city council finds, determines and declares that buildings which remain vacant and unoccupied for any appreciable period of time become an attractive nuisance to children, a harborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abode and as a place to engage in illegal conduct, frequently including illegal drug related activity, and an increased fire hazard; that unkept and unsecured grounds surrounding such buildings invite the dumping of garbage and trash thereon and the congregation of unauthorized persons who use the property for illegal activity; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties, thereby reducing tax revenues, necessitate additional governmental services, significantly interfere with the use and enjoyment of neighboring properties, create an unhealthy and unsafe condition affecting the public and constitute an unreasonable use of property and a public nuisance.

(B) Protection of the public health, safety and welfare requires the establishment and enforcement of the means by which such nuisance conditions may be prevented and abated. (Ord. 803-14, 5-20-2014)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

BOARD OF APPEALS: The city council.

OWNER: The person identified and listed as having title to the property by the latest equalized assessment roll of the county.

PROPERTY: Any real property interest or estate which may be granted or devised by deed. The word "property" includes tracts, lots, easements, or parcels of land and any and all improvements thereon.

VACANT AND UNOCCUPIED BUILDING: Any building or other structure which is neither occupied nor used by persons authorized by the owner of the property on which such building or structure is located. (Ord. 803-14, 5-20-2014)

(A) The provisions of this chapter shall apply generally to all property throughout the city of Taft wherein any of the conditions, specified in this chapter, are found to exist.

(B) Provisions of this chapter are to be supplementary and complementary to all of the provisions of this code, state law, and any law cognizable at common law or in equity, and nothing in this chapter shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city of Taft to abate any and all nuisances. (Ord. 803-14, 5-20-2014)

The building official is authorized and directed to use the provisions of this chapter for the purpose of abating those conditions defined by this chapter as a public nuisance or abating any conditions in violation of this chapter. (Ord. 803-14, 5-20-2014)

To the extent authorized by law, whenever necessary to enforce any provisions of this chapter or whenever the building official has reasonable cause to believe that there exists on any property any condition which is in violation of this chapter, the building official may enter on such property at reasonable times to make inspections and/or for the purpose of abatement of such violation(s). (Ord. 803-14, 5-20-2014)

(A) Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(B) Every responsible party, including occupant, lessee, or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

(A) In addition to all other remedies and penalties available under this chapter, under other sections of this code or under other laws, any person, firm or corporation who violates the provisions of this chapter is guilty of a misdemeanor, subject to the conditions and requirements of section 1-1-11 of this code, and shall be subject to the penalties set forth in this code.

(B) In addition to all other remedies and penalties available under this chapter, under other sections of this code or under other laws, any violation of this chapter may be enforced by injunction issued by the superior court upon a suit brought by the city. (Ord. 803-14, 5-20-2014)

It is declared unlawful and a public nuisance for any owner of any property in this city to maintain such property or to permit such property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist:

(A) Any vacant and unoccupied building whose doors, windows or other openings are broken or missing, so as to allow access to the interior, or boarded and which is not secured;

(B) Any vacant and unoccupied building whose doors, windows or other openings are secured by boarding, at any time at which there is no current and valid boarding permit. (Ord. 803-14, 5-20-2014)

(A) A building shall be defined as vacant or abandoned if it:

• 1. Is unoccupied or unsecured; or
• 2. Is unoccupied and secured by boarding or other similar means; or
• 3. Is unoccupied and unsafe as defined in section 3-4.2-11 of this title; or
• 4. Is unoccupied and has multiple code violations; or
• 5. Has been unoccupied for over thirty (30) days; or
• 6. Has an expired business license for over thirty (30) days.

(B) A building shall not be considered vacant or abandoned if:

1. There is a valid building permit for repair, rehabilitation, or construction of a building on the parcel and the owner completes the repair, rehabilitation, or construction within one year from the date the initial permit was issued; or

2. The building complies with all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.

(C) The owner of a building defined as vacant or abandoned shall register that building with the planning and community development department within thirty (30) days after it has become vacant or abandoned on a form provided by the department. The form shall describe the methods by which the owner has secured the property against unauthorized entry, declare any future plans for the property, state whether or not there is fire and liability insurance coverage, and provide such other information as the department may require. A registration fee shall be paid at the time of registration and annually thereafter.

(D) Whenever the director has probable cause to believe, based upon an inspection, complaint, or report from another agency of the city of Taft or other governmental agency, that a building is vacant or abandoned and it has not been registered as required by this section, the director shall serve the owner of record, as shown on the assessor's records, or authorized agent with a written notice requiring the owner to register the building with the department as vacant or abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than thirty (30) days.

(E) The owner of record of the vacant or abandoned building is required to post a sign at the front of the building, in a conspicuous location protected from the weather, which provides the current name, address, and phone number of the owner of record and authorized agent if different from the owner. If a notice of default or foreclosure has been recorded for the property, the lender's name, address, and telephone number must also be provided. The sign shall be no smaller than eight and one-half inches by eleven inches (8 1/2" x 11").

(F) The following maintenance and security requirements shall apply to a vacant or abandoned building. The director has the discretion to modify these requirements in the case of a partially vacant building, and to modify or waive some or all of these requirements in the case of a building that has been damaged by fire, a natural disaster, or other calamity.

1. The property owner shall actively maintain and monitor the exterior of the building and the grounds so that they remain in compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight. Active exterior maintenance and monitoring shall include, but not be limited to:

(a) Maintenance of landscaping and plant materials in good condition;

(b) Regular removal of all exterior trash, debris, and graffiti;

(c) Maintenance of the exterior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks;

(d) Removal of business identification signs; repair, patch and paint sign area; and replace existing cabinet sign faces with a black face so electrical and lighting is not exposed;

(e) Prevention of criminal activity on the premises and trespass by unauthorized persons;

(f) Turning off all utilities that are not necessary for the upkeep and maintenance of the building.

2. The property owner shall preserve the interior of the building from damage by the elements or plumbing leaks, and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests. Active interior maintenance shall include, but not be limited to:

(a) Removal of interior furnishings, racks, displays, trash, debris, vehicles, business identification signs, and other potential combustible materials to reduce the risk of a potential fire and provide clear paths of travel for emergency personnel;

(b) Maintenance of the interior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint, wall and floor finishes, lighting fixtures and switches, plumbing fixtures, heating and air conditioning systems, and doorways and openings;

(c) Prevention of criminal activity and trespass within the interior of the vacant or abandoned building by unauthorized persons;

(d) The personal use of or leasing to other individuals for use of a vacant or abandoned buildings for storage of personal items, commercial goods, personal or commercial vehicles, and other similar items, as determined by the director, are prohibited.

3. The building shall be secured against unauthorized entry. The methods of security shall be as approved by the director, who shall take into consideration whether the property has been cited for nuisance activities or criminal conduct by another department of the city of Taft or other government agency.

(G) The owner of record shall maintain a minimum fire and liability insurance coverage. The insurance policy shall be required to provide notice to the department in the event of cancellation of insurance or a reduction in coverage.

(H) A property in violation of the provisions of this section is deemed to be a public nuisance and subject to enforcement by the department and other departments, as necessary. The property owner may be subject to violation fees in addition to the building registration fee. (Ord. 803-14, 5-20-2014)

(A) No person, firm, association or corporation shall erect, install, place or maintain boards over the doors, windows or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within thirty (30) days of application, completing all steps necessary to the issuance of a boarding permit and thereafter having a valid and current boarding permit therefor from the building official.

(B) The building official shall issue a boarding permit required by subsection (A) of this section upon the submission of a written application by the owner of the property or his/her authorized representative or contractor, upon the payment of the required fee and upon the confirmation through inspection by a city building inspector that the boarding or other method of securing the building or structure has been done in compliance with this chapter.

(C) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six (6) months from the date of issuance. The boarding permit may be renewed after the initial six (6) months for an additional six (6) months, upon the submission of a written application by the owner of the property or his/her authorized representative or contractor with the submission of the application occurring no later than ten (10) business days prior to the expiration of the original permit, upon the payment of the required fee and upon the confirmation through inspection by a city building official that the boarding or other method of securing the building or structure has been done in compliance with this chapter. The issuance of a renewal boarding permit shall also be subject to all of the following conditions:

1. The owner shall submit a detailed plan for correction, repair or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale for correction, repair or rehabilitation;

2. The owner shall submit a time line for applying for appropriate permits for such work and for completing such work prior to the expiration of the renewal permit, or, alternatively, a time line for sale of the property; and

3. The renewal permit may be revoked by written notice of the building official if the owner fails to comply with the plan for such work or fails to comport to the time line submitted.

(D) A boarding permit may not be extended beyond the renewal period nor may a new application for the same property be accepted by the building official within one year of the date of expiration of the prior permit, except upon the submission of a written application by the owner of the property or his/her authorized representative or contractor, upon the payment of the required fee, upon the confirmation through inspection by a city building inspector that the boarding or other method of securing the building or structure has been done in compliance with this chapter and upon demonstration that "good cause" for the renewal exists. "Good cause" shall require a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, "good cause" shall also require a showing by the owner that he/she has exercised reasonable and due diligence in attempting to complete the needed repair, rehabilitation or correction or in attempting to sell the property. In the event that the building official determines that there exists good cause to renew the permit and that all other conditions are met, the permit may be renewed by the building official for a period of up to, but not more than, an additional six (6) months, subject to all of the same conditions imposed on the original renewal permit.

(E) The fee for the initial boarding permit shall be fifty eight dollars ($58.00) and the fee for any renewal boarding permit shall be fifty eight dollars ($58.00). Review of and any increase or decrease in these fees shall be governed by the provisions of section 1-20-4 of this code. (Ord. 803-14, 5-20-2014)

(A) Minimum Standards: The boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the following minimum standards:

1. Securing By Boarding Windows: Windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of three-fourths inch (3/4") or its equivalent. Vent holes may be required, as deemed necessary by the building official. The plywood shall be secured in place by two inch by four inch (2"x4") or four inch by four inch (4"x4") crossmembers, secured to the plywood by three-eighths inch (3/8") plated carriage bolts with large washers at each end and with the crossmember turned so that the carriage bolt goes through the larger dimension. Bolts used to secure the crossmember shall be threaded to the correct length. A minimum of two (2) crossmembers shall be used on each window and, depending on the size of the opening, additional crossmembers may be required. Each crossmember shall be a continuous piece of lumber, and each must extend at least one foot (1') past the window opening in each direction. Bolts and nuts used to secure the crossmembers 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.

(a) Exterior Doors: Exterior doors shall be boarded with exterior grade plywood of a minimum thickness of three-fourths inch (3/4") or its equivalent, fitted to the entry doorjamb with maximum one- eighth inch (1/8") clearance each edge. The existing door should be removed and stored inside the building. The plywood shall be attached to three (3) horizontal two inch by four inch (2"x4") wooden crossbars with two (2) each three-eighths inch (3/8") carriage bolts and matching hardware. The plywood shall be attached to the door entry with three (3) case hardened strap hinges of the type specified by the building official and the plywood shall be secured by a case hardened steel hasp and minimum two inch (2") case hardened padlock also of the type specified by the building official.

(b) Painting Of Boarded Openings: All boarded openings shall be painted with a minimum of one coat of exterior paint which is of a dark gray or similar earthy color or a color compatible with the exterior color of the building or structure.

2. Alternative Methods Of Securing A Building: Upon application for a boarding permit, the building official may approve alternative methods of securing a vacant and unoccupied building or structure. In making the determination to approve any alternative method, the building official shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate and long term security against the unauthorized entry to the property.

(B) Additional Requirements: In connection with the boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements:

1. All utility service to the building or structure shall be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the building official as to the electric utility service, in the event that electricity is needed to power exterior security lighting, an alarm system or equipment to be used in connection with rehabilitation of the building or structure for which there is an active and current building permit;

2. The sewer shall be capped in a manner approved by the building official so as to prevent the accumulation of methane gas in the building or structure;

3. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid wastes, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and prevent hindrance to firefighting equipment or personnel in the event of a fire. (Ord. 803-14, 5-20-2014)

(A) Whenever the building official has inspected or caused to be inspected any property and has found and determined that such property is in violation of this chapter, the building official shall commence proceedings to cause abatement of the nuisance as provided in this section.

(B) Upon determining that property located in the City of Taft is improperly secured or boarded or secured without a boarding permit obtained through the Building Department is in violation of this chapter, the building official shall issue a notice of violation directed to the owner of the property. The notice shall contain:

1. The street address and such other description as is required to identify the property;

2. A statement which specifies the conditions which constitute the violation;

3. An order that the owner obtain a boarding permit from the Building Department and properly board the property or, as appropriate, secure the openings in the building or structure by the conventional method used in the original construction and design of the building or structure within a specified time period, not to exceed thirty (30) days;

4. A statement that, if the conditions which constitute the violation are not abated by the owner within the time specified, the City shall have the right to abate such conditions by properly securing the property and issuing a boarding permit in the owner's name, with the cost of the boarding and the permit fee to be assessed against the owner or the property; and

5. A statement that the owner has the right to request a hearing, and that such request must be made in writing and must be made within the time period within which the owner has been ordered to abate the violation.

(C) The written notice shall be served upon the owner of the property at least five (5) days before the abatement deadline date specified in the notice. The written notice shall be served either by personal delivery upon the record owner or by mailing a copy to the record owner by first class mail at the owner's last known address as it appears on the latest equalized assessment roll of the county.

(D) After the written notice has been served, it shall be the duty of the owner to abate such violation within the time specified by the notice. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

(A) The owner of property may request an appeal of any notice of violation. The form of the appeal, timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in sections 3-4-14 and 3-4-15. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the existence of a violation.

(B) Based upon the evidence submitted for the appeal, the hearing officer shall determine whether there was the existence of a violation, existence of grounds for denying, revoking, or not renewing a boarding permit, as the case may be. As soon as is practicable following the close of such hearing, and no later than fourteen (14) business days following the close of the hearing unless cause exists therefor, the hearing officer shall render a written decision on the matter including the basis for the decision based on the evidence provided and any directives. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, with a copy of the decision by first class mail, unless otherwise agreed to for email or other service method. The decision issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure section 1094.6. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

(A) In the event the violation is not abated within the time specified in the notice of violation or, if a hearing is held, within the time specified in the hearing decision, the City may take all necessary action to abate such violation, including the proper boarding of the property and the issuance of a boarding permit in the name of the owner. In addition to incurring penalties as provided in this chapter, the owner shall become personally indebted to the City of Taft for the costs of the boarding, the boarding permit fee, and the reasonable administrative costs of abatement and enforcement and other allowable costs and fees incurred by the City by reason of the existence of the violation. These costs are recoverable as provided and subject to the processes specified in sections 3-4-19 through 3-4-21.

(B) After the City has boarded the property and issued a boarding permit in the name of the owner, pursuant to the terms of subsection (A) of this section, the building official shall cause a notice to be sent to the owner of the subject property advising the owner of the abatement action by the City. The notice shall also inform the owner that the boarding permit shall remain effective for six (6) months, after which the windows, doors and other openings to the building or structure on the subject property must be secured by the conventional method used in the original construction and design of the building or structure within a specified time period. The notice shall also inform the owner that it is his/her responsibility to maintain the boarding in a condition which complies with this chapter. The notice shall be sent to the owner by first class mail at the owner's last known address as it appears on the latest equalized assessment roll of the county. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

The building official shall keep an itemized account of all costs incurred by the City in abating violations under this chapter. These costs are recoverable as provided by and subject to the processes specified in sections 3-4-19 through 3-4-21. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

(A) If, in the opinion of the building official, there exists a condition on any property which is of such a nature as to be imminently dangerous to the public health, safety or welfare, which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject any persons or property to imminent threat, hazard, or danger, the building official, without observing the procedures set forth in this chapter may cause the abatement of the condition in such manner as the building official determines is reasonably required. If the building official deems it feasible, the building official shall attempt to give the owner and any occupants verbal notice of the existence of the condition, and the proposed timing and method of abatement thereof. The building official shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the condition was located, the place or area upon which the condition was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in subsection 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated condition. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction.

(B) The city attorney's office or its authorized representative may have the opportunity to review and advise regarding the undertaking of any summary abatement, prior to the commencement of any summary abatement.

(C) The cost of summary abatement including all administrative costs of any action taken under this chapter may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in this chapter. (Ord. 803-14, 5-20-2014; amd. Ord. 852-23, 7-18-2023)

All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law. (Ord. 852-23, 7-18-2023)