Chapter 9.60 — BOARDING OF BUILDINGS WITH UNSECURED OPENINGS

(a)

The Council finds and declares that vacant buildings which have unsecured windows and doors or other openings allowing entry become an attractive nuisance to children, a harborage for rodents, an invitation to 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 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 unsafe condition affecting the public and constitute an unreasonable use of property and a public nuisance.

(b)

Protection of the environment, and the public health, safety and welfare requires the establishment and enforcement of the means by which such nuisance conditions may be prevented.

(Ord. 1090 § 1 (part), 2006)

(a)

The provisions of this chapter shall apply generally to all property throughout the City in which any of the conditions, hereinafter specified, are found to exist; provided, however, that the provisions of this chapter shall not apply to buildings or structures in which a person resides or otherwise occupies in such a manner that unauthorized entries to the structure can be promptly observed and reported to the City of Tracy Police Department.

(b)

The provisions of this chapter are to be supplementary and complementary to all of the provisions of the Tracy Municipal 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 to abate any and all nuisances. Any public nuisance set forth in this chapter may be abated by the City under the procedures set forth in chapter 1.32 of this Code.

(c)

Property owners with buildings located within the City that are boarded as of the date of adoption of this chapter will be given a six-month grace period to comply with the provisions of this chapter. The grace

period will be considered the same as if an initial boarding permit was granted by the Building Official. At the end of the six-month period, any such boarded building will be considered a public nuisance unless the property owner has applied for and received a renewal boarding permit. Property owners with boarded buildings which fall under the provisions of this subsection will be notified by mail of the conditions and requirements of this chapter.

(d)

Notwithstanding any provision of this chapter to the contrary, the Building Official shall have the discretion to grant a property owner a grace period of five (5) working days to apply for a permit in emergency situations such as natural disasters or other unforeseen circumstances.

(e)

The applicant shall specify, on the application for the permit, the number and location of each window, door, or other opening to be boarded. Only doors, windows or other openings that are broken or missing, so as to allow access to the interior, must be temporarily boarded and secured. However, should the applicant decide to use boarding for an opening that is not yet broken or missing, such boarding must be shown on the application for the permit and installed in compliance with the standards set forth in section 9.60.040 of this chapter.

(f)

The applicant shall submit a new application, and pay another permit fee, for any additional windows, doors, or other openings to be boarded after the final inspection on the original permit occurs.

(Ord. 1090 § 1 (part), 2006)

9.60.030 - Unsecured building a public nuisance—Boarding permit required.

(a)

It shall be unlawful and a public nuisance for any owner of property in this City to allow to exist on such property any building or structure whose doors, windows or other openings are broken or missing, so as to allow access to the interior; or which is not temporarily boarded and secured in compliance with section 9.60.040 of this chapter within the time set forth by the Building Official in the permit; or which is left in such temporary boarded-up condition after the expiration of any initial or renewed boarding permit.

(b)

It shall be unlawful and a public nuisance for any person, firm, association or corporation to 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 a valid, current and unexpired boarding permit therefor from the Building Official. No boarding permit shall be issued for a period of greater than six (6) months. Upon an application and a showing of good cause, the Building Official may issue renewals of such permits.

(c)

The fees for the issuance or renewal of a boarding permit shall be set by Council resolution and may be amended from time to time to adjust for the personnel costs upon which the fee is based rising or falling. Upon payment of the required fee, the Building Official shall issue or renew a boarding permit upon the submission of a written application by the property owner or his/her authorized representative or contractor and upon the confirmation by a city building inspector that the boarding or other method of securing the building will or has been done in compliance with this chapter.

(d)

Any person violating or causing the violation of this chapter shall be guilty of an infraction as provided for in section 1.04.030 of this Code, in addition to any other remedies provided for in this Code, including those set forth in section 1.04.010 of this Code, or under other applicable law.

(Ord. 1090 § 1 (part), 2006)

(a)

The temporary 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)

Windows. Windows and similar openings shall be boarded with exterior grade plywood of minimum thickness three-fourths (¾") (to be consistent with door security standards) inch 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 (2) Grade No. 2 Douglas Fir two (2) by four (4) or four (4) by four (4) cross members set at two (2') foot on center vertically, secured to the plywood by three-eighths (⅜") inch plated carriage bolts with large washers at each end and with the cross member turned so that the carriage bolt goes through the larger dimension. Bolts used to secure the cross member shall be threaded to the correct length. A minimum of two (2) sets of such cross members shall be used on each window. Each cross member shall be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. 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. 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 (¾") inch or its equivalent, fitted to the entry door jamb with maximum one-eighth inch clearance 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 (3) Grade No. 2 Douglas Fir horizontal two (2) by four (4) wooden crossbars with two (2) each three-eighths (⅜") 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 (3) case hardened strap hinges located at quarter points and the plywood shall be secured by two (2) case hardened steel hasps located at

third points on the strike side of the door and minimum two (2) 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)

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 earth color or a color compatible with the exterior color of the building or structure.

(4)

Garages. Overhead garage doors shall be secured. Nailing the door to the jamb or nailing pieces of two (2) by four (4) 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 (2) by four (4) lumber through the overhead mechanism on the inside of the door. The two (2) by four (4) 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 a separate structure. Access shall be provided by padlock as described for doors above.

(b)

Alternative methods of securing a building. Notwithstanding subsection (a) of this section, the Building Official may approve alternative methods of securing doors, windows or other openings of any 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.

(c)

During all times that persons are inside a boarded structure, all exits and entries under title 9 of this Code shall be made accessible provided that the structure must be again secured when such persons are no longer inside.

(Ord. 1090 § 1 (part), 2006)

Chapter 9.62 - SAFETY ASSESSMENT PLACARDS

Sections: