Vallejo Municipal Code Ch. 7.62 Vacant Real Property

This chapter shall be known as the vacant real property ordinance and may be cited as such.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 2, 3-24-2020)

The city council finds and determines as follows:

A. Vacant properties are a source of blight in the community. Such properties, if not well maintained and managed, significantly and adversely affect the general welfare of the citizens and property values within the community. Long-term vacant properties that are not maintained and managed discourage economic development and impact the quality of life.

B. One vacant property or vacant lot which is not actively and well maintained can be the core and cause of blight and nuisance conditions throughout a residential neighborhood or in a commercial or industrial area.

C. It is the responsibility of a property owner to prevent their vacant property from becoming a burden to the community and a threat to the health, safety and general welfare of its citizens.

D. Because of the potential economic and public health, safety and welfare problems caused by vacant properties, there is a need to monitor such properties so that they do not become attractive nuisances, are not used for criminal activities, are properly maintained, and do not become a blighting influence. There are substantial costs to the city for monitoring properties, including personnel, materials, overhead and abating nuisance conditions associated with vacant properties. These costs should be borne by the owners of such vacant properties.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 3, 3-24-2020)

A. "Accessory dwelling unit" shall mean any attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, which is not the primary residential structure on the property.

B. "Code enforcement manager" or "manager" shall mean the manager of the code enforcement division as designated by the city manager or the designated representative of the code enforcement manager.

C. "Commercial property" shall means any property that has a commercial storefront that is used, or partially used, for commercial business activities including, but not limited to stores, office buildings, industrial property, medical centers, hotels, malls, retail stores, shopping centers, farm land, multifamily housing buildings, warehouses, garages and residential property containing more than four units.

D. "Commercial storefronts" shall mean any commercial property located on the ground floor that has a storefront window that may be individually leased or rented for any purpose other than residential use.

E. "Days" shall mean calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or holiday observed by the city, the last days of the specified time period shall be extended to the next business day.

F. "Foreclosed" shall mean property for which the foreclosure process has begun with the filing of a notice of default.

G. "Property" shall mean any portion of unimproved or improved real estate which includes the buildings or structures located on it regardless of condition.

H. "Property owner" shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Solano County and any person, partnership, co-partnership, association, corporation, beneficiary in a deed of trust, fiduciary, including a trustee or substitute trustee, or any other legal entity having a legal or equitable interest in the subject property as otherwise known to the code enforcement manager or other city official by virtue of more recent and reliable information, including any beneficiary that is pursuing foreclosure of a property subject to this ordinance secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at a trustee's sale.

I. "Residential property" shall means any improved real property, or portion thereof, situated in the city of Vallejo, designed, built or permitted to be used for dwelling purposes, containing up to four units, specifically including the building and structure located on such improved real property. This includes any real property being offered for sale, trade, transfer or exchange as "residential," whether or not it is legally permitted or zoned for such use. For purposes of this chapter, residential property shall not include accessory dwelling units.

J. "Storefront window" shall mean any window of a commercial property that permits an unobstructed public view into the interior of the building from any immediately adjacent street, sidewalk or right-of-way.

K. "Vacant building" shall mean any residential property or commercial property which is not occupied or used for more than thirty consecutive days, whether made vacant by voluntary action, fire or other damage, or as a result of enforcement action by the city.

L. "Vacant lot" shall mean a lot or parcel that is undeveloped.

M. "Vacant real property" shall mean any vacant lot and vacant building. For purposes of this chapter, vacant real property shall not include vacant lots or vacant buildings for which construction on the property is proceeding diligently to completion with active building permits, and shall not include property owned by a governmental entity providing adequate maintenance of their property on a monthly basis as determined by the city manager.

N. "Violation" shall mean one or more violations of the provisions of this chapter.

(Ord. 1460 N.C. (2d) § 1 (part), 2001; Ord. No. 1672 N.C.(2d), § 1, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 4, 3-24-2020)

A. The registration requirements under this section shall apply to all foreclosed and vacant real property located within the city of Vallejo.

B. Any property owner who holds any property interest in any vacant real property subject to this section where such property is located within the city of Vallejo must register the property with the code enforcement division of the city of Vallejo, on registration forms furnished by the city of Vallejo. The registration form must identify and have contact information stating who initiated the recording of the notice of default, if applicable, and who will be performing the maintenance obligations related to the property which are required in this chapter and in the Vallejo Municipal Code.

C. The registration requirement is triggered within ten days after either of the following occurs:

1. The real property becomes "vacant" and subject to this section; or

2. A notice of default has been recorded.

D. For vacant buildings which became vacant or had a notice of default recorded prior to the effective date of this ordinance, the registration requirement is triggered within ten days of the effective date of this ordinance. The registration requirement for all foreclosed and vacant real property continues until the property is legally occupied by permanent tenants, at which time the property owner will notify the code enforcement manager that the property is legally occupied by furnishing an executed lease, deed, or other proof of legal occupancy.

E. For all foreclosed and vacant real property subject to registration because a notice of default has been recorded, the registration requirement is triggered for the existing property owner within ten days of the recording of the notice of default, and for the new property owner, it is triggered within ten days of acquiring the property at a trustee sale and such requirement continues until the property is legally occupied, and the property owner notifies the code enforcement manager that the property is legally occupied via executed lease, deed, or other proof of legal occupancy.

F. The Vallejo city council shall establish a registration fee by resolution. A registration fee per property shall accompany the registration form.

(Ord. No. 1672 N.C.(2d), § 2, 3-12-2013; Ord. No. 1844 N.C. (2d), § 5, 3-24-2020)

A. Every property owner of foreclosed and vacant real property, as defined by this chapter, within the city of Vallejo is responsible for maintaining their property to the applicable standards set forth in Chapters 7.54, 7.62 and 7.63 of the Vallejo Municipal Code.

B. All property owners of foreclosed and vacant real property subject to the registration requirements in this chapter shall also have the obligation to perform an initial maintenance inspection within ten days after becoming subject to the registration requirement, and thereafter, monthly maintenance inspections of the property to ensure that the property is free of trespassers and squatters, and that it complies with all applicable laws and ordinances, including Chapters 7.54, 7.62 and 7.63 of the Vallejo Municipal Code. Such inspections shall continue until the subject property is no longer subject to the registration requirement and becomes legally occupied. Evidence of subject inspections in the form of comprehensive property pictures and brief written reports shall be submitted to the code enforcement division within ten days after each monthly inspection. A property owner's failure to submit the required inspection evidence to the code enforcement division within ten days of the inspection, is punishable by a fine of two hundred dollars a day for every day that the required inspection evidence is not submitted to the code enforcement division, unless the property owner contacts and receives an extension of time for submittal from the code enforcement manager.

1. In the event a property owner resides out of county or out of state, the property owner's obligation to inspect their property shall be satisfied by contracting with an appropriate service provider to inspect and maintain the registered property in accordance with this chapter and by providing such contract to the code enforcement manager.

2. All foreclosed and vacant real properties subject to the registration requirement shall also be posted with the name and twenty-four-hour toll-free contact phone number of the property owner, or the agent of the property owner responsible for the inspection and maintenance of the property. The posting shall be no less than eight and one-half inches by eleven inches and shall contain, along with the name and twenty-four-hour toll-free contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or similar and "NO TRESPASSING." The posting shall be placed in a window adjacent to the entry door or attached to the exterior of the entry door. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials.

a. For vacant buildings, the posting shall be placed in a window adjacent to the entry door or attached to the exterior of the entry door. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials.

b. For vacant lots, the posting shall include "NO TRESPASSING" in prominent letters and be placed on a sign constructed of and printed with weather resistant materials and be four feet by four feet in size. This sign shall have lettering of not less than six inches high. The sign must be clearly visible from the public right-of-way.

c. Whether the vacant building requirements in Section 7.62.040, or the vacant lot requirements in Section 7.62.045, or both, apply to vacant real property will be in the reasonable discretion of the code enforcement manager.

(Ord. No. 1672 N.C.(2d), § 3, 3-12-2013; Ord. No. 1844 N.C. (2d), § 6, 3-24-2020)

A. The property owner of any vacant building shall cause the building to be rehabilitated for occupancy within thirty days after the building becomes vacant. All vacant buildings must have functioning windows and doors at all times. Boarding up of windows and doors may be done as a temporary emergency fix in case the window(s) or door(s) break. However, the property owner must replace such boards with functioning window(s) and/or door(s) within ninety days of the break.

B. The property owner of any vacant building shall preserve the interior of the building from damage by the elements or plumbing leak, and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests.

C. The property owner of any vacant building shall not allow the building to stand vacant for more than thirty days, unless one of the following three circumstances applies:

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

2. The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease or rent.

3. The code enforcement manager determines that the building is both registered pursuant to Section 7.62.035 and does not contribute to and is not likely to contribute to blight because the property owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include but is not limited to:

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

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

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

d. Maintenance of the building in continuing compliance with all applicable codes and regulations; and

e. Prevention of criminal activity on the premises of the subject building.

(Ord. 1460 N.C. (2d) § 1 (part), 2001; Ord. No. 1672 N.C.(2d), § 4, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 7, 3-24-2020)

The property owner of any vacant lot shall not allow the lot to stand vacant for more than thirty days, unless one of the following three circumstances applies:

1. The vacant lot meets all codes and is actively being offered for sale.

2. The vacant lot is the site of a project for which land use and building permits are being actively pursued and construction is imminent or under way, in the discretion of the code enforcement manager.

3. The code enforcement manager determines that the vacant lot is both registered pursuant to Section 7.62.035, and does not contribute to and is not likely to contribute to blight because the property owner is actively maintaining and monitoring the vacant lot so that it does not contribute to blight. Active maintenance and monitoring shall include all of the following:

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

b. Regular removal of all exterior trash, debris, weeds, litter and graffiti;

c. Maintenance of the vacant lot in continuing compliance with all applicable codes and regulations; and

d. If requested by the code enforcement manager pursuant to Section 7.62.055, good quality attractive permanent fencing and security measures that effectively prevent trespassers and deter criminal activity.

(Ord. No. 1844 N.C. (2d), § 8, 3-24-2020)

All vacant buildings subject to this chapter shall be made secure from trespassers in the following manner:

A. All doors and windows of the building shall be in good, working condition and locked.

B. All broken doors and windows shall be replaced immediately, or with the consent of the code enforcement manager, broken doors and windows may be temporarily covered with boards for no longer than ninety days.

C. The code enforcement manager, in their discretion, may require securing the property with steel panels, or having all windows and doors installed, permanent fencing around the lot in accordance with Section 7.62.055 and a working theft-prevention system with an active account with a third-party security company, or any other reasonable measures to prevent trespassers. All property vacant for at least three months may be required to have lighting at entrances and exits from dusk until dawn. All entrance/exit lighting must be installed with automatic timers in accordance with any applicable city codes.

D. A property owner's failure to secure the property from trespassers is a violation of this chapter and, in addition to any other remedy at law or in equity, is punishable by a fine of two hundred dollars a day for every day the property is not secured.

(Ord. 1460 N.C. (2d) § 1 (part), 2001; Ord. No. 1672, N.C.(2d), § 5, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 9, 3-24-2020)

A. Vacant lots shall be secured from trespassers as follows:

1. "No trespassing" signs shall be posted consistent with Section 7.62.036.

2. The owner shall install a split rail fence or permanent steel fencing enclosing and securing the vacant lot if the vacant lot has been the site of three or more citizen complaints or citations in a two-year period for any of the following:

a. Illegal dumping or the presence of refuse;

b. Trespassing;

c. Unauthorized camping;

d. Unauthorized fire/burning.

B. All fencing must be provided with a gate to allow access to the vacant lot for emergency services and such fencing shall be maintained in good condition at all times by the property owner. Chain link fencing is not an authorized fencing material as a means of securing vacant lots. Broken or open permanent fences shall be repaired or replaced within seven days of notification by the city.

(Ord. No. 1844 N.C. (2d), § 10, 3-24-2020)

For any vacant building which is located within one foot of a public right-of-way, any alcove or entry court which has a horizontal depth of four or more feet (measured from the edge of the structure adjacent and parallel with the public right-of-way) shall be secured using design features which deter threats while remaining largely invisible to its users, such as by installing a security alarm system or placing stainless steel or aluminum artistic or perforated artistic protective barriers in lieu of plywood or bollards.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 11, 3-24-2020)

Any sign or advertising devices located on or extending over the public right-of-way shall be removed, unless the code enforcement manager determines there are circumstances that permit them to remain.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

Existing awnings shall be removed or repaired in a manner acceptable to the code enforcement manager.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 12, 3-24-2020)

Any marquee extending over the public right-of-way that is in need of repair shall be removed or repaired in a manner acceptable to the code enforcement manager.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 13, 3-24-2020)

A. Every property owner within the city is required to maintain and monitor their property in a manner that does not violate the provisions of this chapter and applicable property maintenance ordinances, and such owner remains liable for any violation regardless of any contract or agreement with any third party regarding such property.

B. Every occupant, lessee, tenant or holder of any interest in real property, other than the owner thereof, who has assumed responsibility for maintenance of such property under the terms of a written lease, rental agreement or other contractual arrangement, and to the extent of that legal responsibility, shall maintain the property in a manner so as not to violate the provisions of this chapter. At the request of the code enforcement manager, the person claiming a limitation on their responsibility for maintenance shall produce for inspection the document establishing such limitation.

C. To the extent authorized by law, the code enforcement manager may enter on such property at reasonable times to make inspections.

(Ord. 146o N.C. (2d) § 1 (part), 2001; Ord. No. 1672 N.C.(2d), § 6, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 14, 3-24-2020)

Any and all vacant real property is subject to monitoring by the code enforcement manager. Monitoring is required to ensure compliance with this chapter and to ensure that the property owner is progressing diligently with authorized repair or rehabilitation, the building is ready for occupancy and actively offered for sale, lease or rent, or the property owner is actively maintaining and monitoring the building.

(Ord. 1460 N.C. (2d) § 1 (part), 2001; Ord. No. 1672 N.C.(2d), § 7, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 15, 3-24-2020)

A. Annual fee imposed. There is imposed on every property owner of vacant real property an annual monitoring fee. The amount of this fee shall be established by city council resolution based on the reasonable cost of monitoring the vacant real property. The fee shall be payable as to any vacant real property which is vacant for more than thirty days for any reason. The fee shall be valid for the calendar year, or remaining portion of the calendar year, in which the property was initially registered. Subsequent annual monitoring fees are due January 1st of each year and must be received no later than January 31st of the year due. Monitoring fees will not be prorated.

B. Fee waiver. The vacant real property monitoring fee may be waived by the code enforcement manager if the manager finds that the vacant real property is duly registered and, in their discretion, finds that:

1. The property owner has obtained a land use entitlement or a building permit and is progressing diligently with authorized construction, repair or rehabilitation to ready the building for occupancy; or

2. The vacant real property meets all applicable codes, is not likely to become a nuisance, is the subject of weekly inspections and bi-weekly landscape maintenance and is actively being offered for sale, lease or rent; or

3. Based on evidence provided by the property owner, the payment of the fee would impose a substantial hardship on the property owner or would hinder the repair or rehabilitation of the vacant real property; or

4. The property owner demonstrates to the satisfaction of the code enforcement manager that there is an ongoing contract to secure and maintain real property in compliance with the Vallejo Municipal Code.

5. The waiver granted in this section may be rescinded at any time if the code enforcement manager finds that violations of the Vallejo Municipal Code are present on the real property. In such an event, the code enforcement manager shall send a notice as described in (C) below.

C. Procedure. The code enforcement manager shall send a notice requiring the payment of the annual vacant real property monitoring fee to the property owner at the address shown on the latest equalized assessment roll of Solano County or as otherwise known to the manager or other city official by virtue of more recent and reliable information. The notice shall be sent first class mail and certified mail. The effective date of the notice is the date of the first class mailing. The notice shall include but not be limited to the following:

1. Amount of fee;

2. Date by which fee is due and payable;

3. Consequences of not paying the fee, including but not limited to, the issuance of administrative citations, imposition of fines and administrative charges or other legal remedies available to the city; and

4. Procedure for requesting a hearing to request a waiver of the fee.

D. Fee payment. The property owner shall pay the fee to the city within thirty days of the effective date of the notice.

(Ord. 1460 N.C. (2d) § 1 (part), 2001; Ord. No. 1672 N.C.(2d), § 8, 3-12-2013.; Ord. No. 1844 N.C. (2d), § 16, 3-24-2020)

Violations of this chapter may be enforced in any combination as allowed in chapters 1.12, 1.14 and 1.15.

(Ord. No. 1672 N.C.(2d), § 9, 3-12-2013)

Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under chapter(s) 1.04, 1.12, 1.14 and 1.15.

(Ord. No. 1672 N.C.(2d), § 9, 3-12-2013)

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation who violates any portion of this chapter shall be subject to prosecution and/or administrative enforcement under chapter(s) 1.04, 1.12, 1.14 and 1.15.

(Ord. No. 1672 N.C.(2d), § 9, 3-12-2013)

All property found to be maintained in violation of any one or more of the provisions of this chapter is declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances by all other remedies, including Chapter 1.15, through the commencement of a criminal or civil proceeding or through other legally established procedures.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

A. Notice of violation. Whenever the code enforcement manager has found a vacant real property in violation of any provision of this chapter, they shall give written notice to the property owner specifying the violations and indicating the corrective action required under this chapter. Such notice shall be served on the property owner in accordance with the provisions of Section 7.62.190, and shall include but not be limited to the following:

1. A description of the violations;

2. A statement of the corrective action required under this chapter;

3. A statement that the time limit for abating the violation shall not exceed twenty days after the date on which the notice is served pursuant to Section 7.62.190, unless the code enforcement manager determines there are circumstances of hardship that warrant additional time for abatement;

4. A statement of the consequences of not abating the violation within the time specified in the notice;

5. Amount of the administrative charge owed the city pursuant to Section 7.62.260, a statement that the administrative charge must be paid no later than thirty days after the date the notice was served and a statement of the consequences of not paying the administrative charge;

6. A statement of the process to appeal the notice of violation, amount of the appeal fee and procedure for requesting an appeal fee waiver pursuant to Section 7.62.210; and

7. A statement that if abatement is not completed within the twenty-day period, the work may be completed by the code enforcement manager and the cost of such work assessed against the property as a lien or special assessment.

B. Hazardous conditions. If the code enforcement manager or other city employees designated by the city manager determine the violation to be immediately dangerous to the general welfare, health and safety, the same may be summarily abated without further compliance with the provisions of this chapter.

(Ord. 1478 N.C. (2d) § 1 (part), 2002: Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 17, 3-24-2020)

Notice shall be served in one of the following methods:

A. The code enforcement manager may personally serve the notice on the property owner. The notice shall become effective on the date of personal service.

B. The code enforcement manager may mail the notice by first class mail and certified mail, to the property owner or their agent for service of process either at the address shown on the county's last property tax assessment rolls or to any other address known for the property owner or agent for service of process. The notice shall become effective on the date of the first class mailing.

C. The code enforcement manager may post the property where the violation occurs with the notice in a conspicuous place when the property owner resides at an unknown address. A copy of the notice shall also be sent by first class mail to the property owner at the property where the violation occurs. The notice shall become effective on the date of the posting of the property.

D. The failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 18, 3-24-2020)

A. Any property owner who is the recipient of a notice of violation may appeal the notice and may request a hearing before the code enforcement appeals board as follows:

1. An appeal form shall be obtained from the code enforcement manager. The completed appeal form shall be filed with the manager within fifteen days of the effective date of the notice together with an appeal fee as established by resolution by the city council or a request for an appeal fee waiver pursuant to Section 7.62.210.

2. Only after the completed appeal form has been filed together with the appeal fee or with an approved appeal fee waiver shall the code enforcement manager set the date for a hearing. The hearing shall be set for a date not less than fifteen days nor more than sixty days after the manager received the request.

3. The appellant may request one continuance, but in no event shall the hearing be continued more than thirty days after the date of the originally scheduled hearing unless the code enforcement manager finds that circumstances of hardship warrant a longer continuance not to exceed ninety days after the date of the originally scheduled hearing.

4. The appellant shall be notified by first class mail and certified mail, of the date, time and place set for the hearing. Such notice shall be sent at least ten days prior to the date of the hearing. The notice shall include a statement that if the property owner is found to be in violation of this chapter, then the city may pursue any and all legal and equitable remedies for the recovery of unpaid abatement costs and administrative charges. The notice shall be sent to the appellant at the address provided on the completed appeal form. Failure of the appellant to receive such notice shall not affect the validity of any proceedings taken under this chapter.

5. Any documentation, other than the notice of violation, which the code enforcement manager has submitted or will submit to the code enforcement appeals board shall be served on the appellant at least three days before the hearing.

B. Failure of any property owner to file an appeal in accordance with the provisions of this section shall be deemed to waive their right to an appeal hearing.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 19, 3-24-2020)

Any property owner who requests a hearing to appeal any notice of violation and is financially unable to pay the appeal fee as required in Section 7.62.200 may file a request for an appeal fee waiver as follows:

A. The request for waiver shall be made on a form obtained from the code enforcement manager and submitted to the code enforcement manager within fifteen days of the effective date of the notice and order to secure.

B. The code enforcement manager may issue an appeal fee waiver only if the person requesting the waiver submits a sworn affidavit together with any supporting documents demonstrating to the satisfaction of the manager the person's financial inability to deposit with the city the full amount of the fee in advance of the appeal hearing.

C. The code enforcement manager shall issue a written decision specifying the reasons for issuing or not issuing the waiver within ten days of the receipt of the request. The decision of the manager shall be final.

D. If the code enforcement manager determines a waiver is not warranted, the property owner shall remit the appeal fee within ten days of the determination. If the manager does not receive the appeal fee within this time period, the request for hearing shall not be accepted and shall constitute a failure of the property owner to exhaust their administrative remedies.

(Ord. 1460 N.C. (2d) § (part), 2001.; Ord. No. 1844 N.C. (2d), § 20, 3-24-2020)

A. No hearing to contest a notice of violation shall be held unless the appeal fee has been deposited in advance in accordance with Section 7.62.200 or an advance fee deposit waiver has been issued in accordance with Section 7.62.210.

B. Hearings by the code enforcement appeals board are informal and formal rules of evidence and discovery shall not apply.

C. The city and property owner contesting the fee shall be given the opportunity to testify and present evidence.

D. Other interested persons shall be given the opportunity to present evidence.

E. The code enforcement appeals board may continue a hearing to request additional information from the code enforcement manager and/or property owner and/or to conduct an inspection of the subject property prior to concluding the hearing.

F. The code enforcement appeals board may inspect the subject property prior to concluding the hearing provided that the property owner consents to the inspection, is given notice of the date and time of the inspection, and is permitted to be present during the inspection. The board shall state for the record during the hearing the material facts observed and conclusions drawn from the inspection. The property owner shall be afforded an opportunity to rebut or explain the matters so stated by the board. If the subject property can be inspected from areas accessible to the general public or with the permission of other persons authorized to provide access to the property, then notice to and consent of the property owner is not required.

G. Failure of the property owner to appear at the hearing shall constitute a waiver of his or her right to an administrative hearing.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

A. After considering all of the testimony and evidence submitted during the hearing, the board shall issue a written decision to the appellant within ten days of the conclusion of the hearing to uphold; modify or cancel the notice of violation. The effective date of the written decision shall be the date the decision is mailed first class to the appellant. The board shall give its decision orally at the conclusion of the hearing prior to issuing the written decision. The decision of the board is final. The written decision shall contain findings of fact and a determination of the issues presented.

B. If the code enforcement appeals board determines the notice of violation should be upheld, then the written decision shall include the action required to correct the violation and the date by which such action must be completed. The date of compliance shall be no more than sixty days from the date of the board's decision. The decision shall include a payment schedule for any unpaid administrative charges. The decision shall also include the consequences of failing to comply with the notice of violation and the right to judicial review pursuant to Section 7.62.240.

C. If the code enforcement appeals board determines the notice of violation should be modified, then the written decision shall state the modifications made to the notice. The decision shall include a payment schedule for any unpaid administrative charges. The decision shall also include the consequences of failing to comply with the notice of violation and the right to judicial review pursuant to Section 7.62.240.

D. The code enforcement appeals board may determine that the notice of violation shall be canceled and all further actions related to the notice shall be terminated.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

The appellant may seek judicial review of the board's decision by filing a petition with a court of competent jurisdiction pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6. The written decision of the board shall contain a statement so advising the appellant of this time limit on seeking court review.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

If the property owner fails to comply with the notice of violation within the time limit specified in the notice and order or, if appealed, in the written decision of the code enforcement appeals board, the code enforcement manager may abate the violation with city employees and/or by private contract: The manager is hereby authorized to enter the subject property to abate the violation. The costs of abatement shall be billed to the property owner pursuant to Section 7.62.260.

(Ord. 1460 N.C. (2d) § 1, (part), 2001.)

A. Administrative Charges. If a violation is not abated within the time limit specified in the notice of violation, then the notice of violation shall include a charge to recover the administrative costs for the issuance of the notice of violation and other city activities related to the abatement of the violation. The amount of the charge shall be established by city council resolution based on an analysis of direct and indirect personnel costs (including attorney fees), costs of documenting the violation and the actual costs of preparing, printing and mailing the notice of violation. The administrative charge shall become due and payable thirty days of the effective date of the notice of violation.

B. Abatement Costs. If a violation is abated by the city pursuant to this chapter, the abatement costs, including incidental costs, shall be billed to the property owner and be due and payable within thirty days of the date the billing is mailed to the property owner. The term "incidental costs" shall include, but not be limited to, direct and indirect personnel costs, attorney fees, costs incurred in documenting the violation and actual expenses and costs for the preparation of notices, specifications and contracts, for inspection of the abatement and for the printing and mailing of notices.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

A. Cumulative remedies. At its discretion, the city may pursue any and all legal and equitable remedies for the recovery of vacant real property monitoring fees, abatement costs and/or administrative charges owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total of vacant real property monitoring fees, abatement costs and administrative charges have been recovered.

B. Any property owner who fails to pay any vacant real property monitoring fee, abatement costs or administrative charges owed to the city shall be liable in any action brought by the city for costs incurred in securing payment of the delinquent amount. The city's collection costs may include, but are not limited to, those for personnel, materials, overhead, attorney fees and any other city expenditure required to collect unpaid vacant real property monitoring fee, abatement costs or administrative charges.

C. Liens. The amount of any unpaid vacant real property monitoring fee, abatement costs and/or administrative charges may be made a lien on the real property on which the violation occurred. The lien shall attach when the manager or their designee records a lien listing unpaid vacant real property monitoring fee, abatement costs and/or administrative charges with the county recorder's office. The lien shall specify the amount of the lien, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the director or their designee. The lien may be foreclosed by an action brought by the city for a money judgment.

D. Special assessments.

1. The code enforcement manager may initiate proceedings to make a vacant real property monitoring fee, abatement costs and/or administrative charges a special assessment against the property where the violation occurred. The manager shall transmit a report of delinquent vacant real property monitoring fees, abatement costs and/or administrative charges to the board. Upon receipt of the report, the board shall fix a schedule for hearing the report and any protests or objections thereto and to confirm the amount of the vacant real property monitoring fees, abatement costs and/or administrative charges contained in the report.

2. The manager shall send notice of the hearing schedule before the board to the property owner by first class mail and certified mail, at least fifteen days prior to the date of the hearing. The notice shall be mailed to the property owner's address shown on the last Solano County equalized property tax assessment roll or to any other address known for the property owner. The effective date of the notice is the date of the first class mailing. The notice shall set the date and time by which objections or protests shall be filed with the manager. No objection or protest received after that date shall be considered by the board.

3. At the time fixed for consideration of the report, the board shall hear it together with any objections or protests of any property owner. The board shall limit its scope of review to the manager's report detailing the vacant real property monitoring fee, abatement costs and/or administrative charges together with any objections to its accuracy. The board shall not consider evidence regarding the merit of any previous administrative hearings or the validity of the abatement action. The board may modify the report as it may deem just. After hearing all objections and making any modifications to the report, the board shall confirm the report. The manager shall notify any property owner who filed an objection or protest of the board's decision regarding their objection within ten days of the date of the hearing. The decision of the board is final.

4. Upon confirmation of the report by the board, the vacant real property monitoring fee, abatement costs and/or administrative charges shall constitute a special assessment against the property where the violation occurred. The manager shall file a certified copy of the confirmed report with the Solano County auditor/controller's office and the amount of the special assessment shall be entered on the assessment roll against the parcels listed in the report. Thereafter, such assessments may be collected at the same time and in the same manner as ordinary secured property taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent ordinary secured property taxes. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which they shall be upon parity. All laws applicable to the levy, collection and enforcement of secured property taxes shall be applicable to such special assessments.

D. Recovered vacant real property monitoring fees, abatement costs and administrative charges shall be deposited in the city's general fund to support code enforcement activities.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.; Ord. No. 1844 N.C. (2d), § 21, 3-24-2020)

When a violation previously abated in accordance with this chapter recurs within twelve months of such abatement, the code enforcement manager shall send a notice of violation to the property owner pursuant to Section 7.62.180, with the exception that the time limit for abating the violation shall not exceed ten days from the effective date of the notice of violation. Such notice shall be served on the property owner in accordance with the provisions of Section 7.62.190.

(Ord. 1460 N.C. (2d) § 1 (part), 2001.)

A. Any property owner who maintains any public nuisance pursuant to this chapter or who violates any order of abatement pursuant to this chapter is guilty of an infraction.

B. Any person who removes or defaces any notice as required by this chapter is guilty of an infraction.

C. Any person who obstructs, impedes or interferes, or causes another to do so, with any abatement actions performed is guilty of an infraction.

(Ord. 1478 N.C. (2d) § 1 (part), 2002: Ord. 1460 N.C. (2d) § 1 (part), 2001.)