Victorville Municipal Code Art. 14 Maintenance of Vacant Buildings

The purpose of this Article is to establish property maintenance requirements for abandoned, vacant, or boarded-up residential or commercial buildings; encourage proactive and preventive maintenance of Vacant Buildings and the property/premises on which they are located; and to establish penalties and other remedies for Vacant Buildings that become blighted due to the lack of adequate property maintenance and/or security.

(Ord. No. 2465, § 6, 4-7-26)

The City Council finds as follows:

(a) When the owner of a residential or commercial Vacant Building fails to actively maintain and manage the building, the building can become a major cause of blight in both residential neighborhoods and commercial areas. Vacant buildings that are boarded-up, substandard, unmaintained, or experience long-term vacancies discourage economic development and hinder appreciation of property values.

(b) It is a responsibility of Property Owners to prevent Vacant Buildings located on their property from becoming a burden to the neighborhood or the commercial area and a threat to the public health, safety or welfare.

(c) A single Vacant Building that is not actively maintained or well-managed can be the source and catalyst for spreading blight and if left unchecked can become a public nuisance.

(d) Owners of properties containing Vacant Buildings who fail to correct deficiencies and blighted conditions contribute to the decline of neighborhoods and/or commercial shopping centers. It is in the interest of the welfare of neighborhoods and commercial areas in the City that Property Owners who fail to maintain properties containing vacant buildings and/or correct blighted buildings be subject to civil penalties and such other remedies as may encourage these owners to correct violations of this Article in a prompt manner.

(Ord. No. 2465, § 6, 4-7-26)

For purposes of this Article, unless otherwise apparent from their context, the following definitions will apply to these words and phrases:

(a) "City Manager" means and includes the City Manager of the City of Victorville, including his or her deputies and duly authorized designees.

(b) "Development-related Agreement" means an agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, whether through a duly authorized written contract, a land use permit, or other entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant building is located.

(c) "Property Owner" means the record owner(s) of real property as listed on the last equalized secured property tax assessment roll, as maintained by the San Bernardino County Assessor.

(d) "Responsible Party" means any occupant, lessor, lessee, manager, licensee, or other person having control over a property, including any structure or parcel of land. A Responsible Party may be a Property Owner.

(e) "Vacant Building" means a residential or commercial building/structure that is unoccupied or occupied by unauthorized persons for a period of least sixty (60) days.

(Ord. No. 2465, § 6, 4-7-26)

(a) Applicability. The provisions of this Article shall apply generally to all improved residential or commercial real property throughout the City where any of the conditions specified in this Article are found to exist.

(b) Regulations Cumulative. The regulations provided by this Article are cumulative to each other and to any other available under City, State, or federal law.

(c) Authority to Enforce. The City Manager is authorized to administer and enforce this Article and may adopt supplemental regulations or policies to implement and interpret the same. These regulations or policies must conform with the purposes and guidelines set out in this Article.

(d) Development Agreement Exemption. In the event that the City enters a Development-related Agreement with the Property Owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a Vacant Building, the Vacant Building that is the subject of such agreement is exempt from application of this Article, provided that the property is maintained in strict accordance with the terms and conditions of the Development-related Agreement. In the event the City Manager determines, in his/her sole discretion, that the Property Owner or developer of a property is in default with respect to any term or condition of a Development-related Agreement through which any building or structure is exempt from application of this Article, the City may issue a written notice to the Property Owner or developer of that property stating that if the default in question is not cured in its entirety within thirty (30) days of the issuance of such notice, the exemption provided by this Subsection shall be revoked and that this Article shall immediately become fully applicable to such building or structure.

(Ord. No. 2465, § 6, 4-7-26)

No Property Owner or Responsible Party shall allow a building designed for human use or occupancy to be a Vacant Building for more than (30) days, unless one of the following applies:

(a) The City has issued a building permit for repair or rehabilitation of said building for the purpose of making the building habitable, and the Property Owner or Responsible Party is progressing with related building inspections to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation, and the Property is actively being maintained and monitored, as set forth in Section 16-6.14.070; or

(b) The building is actively being offered for sale, lease or rent; has no active property maintenance violations; meets all adopted building and fire regulatory codes; is ready for occupancy; and the property/premises on which the building is located is actively being maintained and monitored, as set forth in Section 16-6.14.070; or

(c) The building does not contribute to and is not likely to contribute to blight because the Property Owner or Responsible Party is actively maintaining and monitoring the building and the property on which it is located in accordance with the provisions of Section 16-6.14.070 so that it does not contribute to blight or become a public nuisance.

(Ord. No. 2465, § 6, 4-7-26)

(a) Maintenance Required. It is unlawful for any Owner or Responsible Party to maintain any Vacant Building in violation of the provisions of this Article. A Vacant Building must be maintained in accordance with the following requirements:

(1) All doors, windows, and other openings are secured or boarded under a valid building permit in accordance with the methods approved in this Article.

(2) Landscaping and plant materials must be maintained and kept in good condition throughout the premises surrounding the building.

(3) The exterior of the building, including but not limited to paint and finishes, is maintained in good condition and repair.

(4) All trash, debris, inoperative vehicles, graffiti, lumber, construction material, household furniture, appliances, clothing, or discarded, unused, or abandoned personal property are not permitted to accumulate and is removed from the exterior portions of the property on which the building is located within: (i) ten (10) days from the discovery of their placement or accumulation on the property; or (ii) ten (10) days from notification to the Property Owner or Responsible Person by the City to remove any such placement or accumulation.

(5) All Vacant Buildings, whether residential or commercial, shall further be maintained in compliance with all other applicable provisions of the Victorville Municipal Code.

(b) Additional Requirements for Commercial Properties. In addition to the requirements in Subsection (a), any commercial Vacant Building must also be maintained in accordance with the following requirements:

(1) Any temporary site perimeter fencing is placed in connection with a building permit and remains intact and in good repair.

(2) Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity.

(3) Possession of a valid Trespass Agreement in accordance with Penal Code Section 602(o) between the City and the Property Owner, his or her agent, or other person in lawful possession of the Vacant Building, authorizing the removal of all unauthorized trespassing persons from said building and property on which it is located.

(4) Maintain valid fire and liability insurance coverage.

(5) Signs intended to advertise the use or business at the vacant building and where such use or business is not actively occurring at the vacant building, are prohibited. Signs intended to advertise the use or business at the vacant building shall be updated with blank signs or signs advertising its availability for sale, rent, or lease.

(6) Maintain sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property.

(7) The name, address, and 24-hour contact phone number of the property management company, Property Owner, or Responsible Party must be posted on the Vacant Building in a manner sufficient to facilitate contact and notification of these parties in the event of problems or concerns regarding the Vacant Building. The posting must be placed on the interior of a first-floor window which faces the street in front of the property so that it is visible/readable from the public right of way, or secured to the exterior of the building or structure in a location which faces the street in front of the property so that it is visible and fully readable from the public right of way.

(8) Buildings with fire sprinkler systems must be maintained in working order:

(i) Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the City Manager.

(ii) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with frequent monitoring by means of security patrol. "Frequent monitoring" shall mean the use of a licensed security agency operating in the City of Victorville providing regular surveillance of the vacant building as part of the agency's security route.

(Ord. No. 2465, § 6, 4-7-26)

No person may allow a building designed for human use or occupancy to be boarded up without an issued building permit ensuring that the method for board-up complies with this Article.

(a) Board-up Permit Required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any residential or commercial building or structure or otherwise secure such openings without a valid board-up permit from the City.

(b) Board-up Permit Process. The City Manager shall issue a board-up permit required by this Section upon completion of all of the following:

(1) Submission of a written application by the Property Owner or Responsible Party;

(2) Payment of the required fee; and

(3) Confirmation by the City Manager that the board-up or other requested board-up method conforms with this Section.

(c) Board-up Permit Period of Validity. A board-up permit is valid for one (1) year. Each board-up permit requires a building inspection to be completed within thirty (30) days after permit issuance to verify the board-up components comply with the requirements of this Section.

(d) Board-up Permit Extension. A board-up permit may be extended one time, for a period of an additional one hundred eighty (180) days, provided that the following conditions exist:

(1) The board-up is in compliance with Subsections (g) or (h) of this Section;

(2) The Property Owner or Responsible Party has submitted the request for extension within ten (10) days after the expiration of the initial board-up permit period;

(3) The Property Owner or Responsible Party has complied with all prior orders and notices from the City regarding the Vacant Building and the surrounding premises;

(4) The Property Owner or Responsible Party simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the building, or a plan for the sale of the building with a provision in the sale requiring the correction, repair, or rehabilitation of the building and the property on which it is located.

(e) Board-up Permit Renewal for Good Cause. A board-up permit may not be issued for a building that was previously boarded until one (1) year after the date of expiration of the previous board-up permit or extended board-up permit, except that the City Manager may issue a renewal board-up permit for a period of three (3) months upon a showing of good cause, as determined by the City Manager. "Good cause" means a demonstration by the Property Owner or Responsible Party that the permit reissuance is necessary due to:

(1) Conditions or events beyond the Property Owner or Responsible Party's control, such as a natural disaster;

(2) A financial hardship;

(3) An inability to locate a suitable buyer despite diligent efforts;

(4) Unanticipated delays in construction or rehabilitation of the building under a valid issued building permit and a showing that the Property Owner or Responsible Party exercised reasonable and due diligence in attempting to complete the needed work;

(5) Ongoing good faith attempts by the Property Owner or Responsible Party to sell, rent, or lease the building/property; or

(6) Such other extenuating or compelling circumstances as may be adequately demonstrated to the City Manager to warrant permit reissuance.

Renewal shall require submission of a written application demonstrating good cause as defined herein, payment of the board-up permit fee, and confirmation by the City Manager that the method of board-up or securing of the building has been done in compliance with this Section.

(f) Board-up Permit Fees. The fees for the initial board-up permit, any extensions, or a renewal permit, shall be cost-based and established from time to time by resolution of the City Council and set forth in the City's Master Fee Schedule.

(g) Board-up Standards include, but are not limited to:

(1) Closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the building.

(2) The board-up of any window, door, or other building opening shall be:

(i) Boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent.

(ii) Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely.

(iii) A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction.

(iv) Additional measures may be required as deemed necessary in the sole discretion of the City Manager.

(3) Board up of all building openings through the use of plywood and studs shall be painted to match the primary structure.

(4) In the case of broken windows, securing includes the replacement of the broken windows.

(5) The use of polycarbonate panels to secure a vacant building may also be used by the property owner as an alternative to the use of plywood.

(h) Compliance with any alternative or additional methods of securing a vacant building as may be imposed by the City Manager. Such methods may include, but will not be limited to, security patrols, alarms, or other security requirements.

(Ord. No. 2465, § 6, 4-7-26)

(a) Violations Unlawful. It is unlawful for any person to violate any provision of this Article.

(b) Criminal Penalties. Violations of this Article may be prosecuted as either an infraction or a misdemeanor, at the discretion of the City Attorney, consistent with the provisions of Victorville Municipal Code ("VMC") Section 1.04.010. Each day on which a violation occurs or continues shall be a separate and distinct offense.

(c) Administrative Citations (Civil Penalties).

(1) Notwithstanding the provisions of VMC Section 1.04.010, violations of Sections 16-6.14.060 and/or 16-6.14.070 of this Article may subject the Property Owner or Responsible Party to issuance of administrative citations pursuant to VMC Chapter 1.05, except that the civil penalties imposed for such violations shall be as follows:

(i) A civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for the first administrative citation.

(ii) Should the violation(s) continue thirty (30) days following the issuance of the first administrative citation, the Property Owner or Responsible Party may be subject to issuance of a second administrative citation and imposition of a civil penalty in an amount not to exceed three thousand dollars ($3,000.00) for such second violation.

(iii) Should the violations continue thirty (30) days following the issuance of the second administrative citation, the Property Owner or Responsible Party may be subject to issuance of a third administrative citation and imposition of a civil penalty in an amount not to exceed five thousand dollars ($5,000.00) for such third violation.

(2) Violations of this Article other than those in Sections 16-6.14.060 or 16-6.14.070 are subject only to the imposition of civil penalties in the amounts set forth in VMC Section 1.05.110(a) when administrative citations are issued for such violations.

(3) Administrative citations may be issued on a per building or a per property basis, dependent upon the severity or number of violations, as well as the separate or conjoined nature of the Vacant Buildings or other relevant circumstances related to the configuration or ownership of the property on which the violations occur.

(4) Any administrative citations issued or civil penalties imposed pursuant to this Subsection (c) may be appealed in accordance with Chapter 1.05 of the VMC, except for those involving building code violations, which shall be appealable to the Planning Commission as set forth in Article 2, Chapter 2 of VMC Title 16.

(d) Remedies Cumulative. The remedies provided in this Article are not to be construed as exclusive, and in the event of violations, the City may pursue any proceedings or remedies otherwise permitted by law or equity.

(Ord. No. 2465, § 6, 4-7-26)

Any Vacant Building that constitutes a public nuisance, as hereinafter as defined, shall be subject to monthly monitoring/inspection fees and/or assessment of enforcement response costs in order to recover the City's regulatory costs of inspecting, and when necessary, responding to secure nuisance Vacant Buildings.

(a) Monitoring/Inspection Fee. This fee, which covers the exterior Vacant Building and surrounding premises inspection activities conducted by the City, shall be separate from and in addition to any civil penalties or enforcement response costs required or otherwise assessed pursuant to the provisions of this Article.

(1) The monitoring/inspection fee shall be imposed immediately following the City's imposition of a third civil penalty as set forth in Section 16-6.14.090(c)(1)(iii) of this Article and a written determination by the City Manager served upon the Property Owner or Responsible Party therefor that the Vacant Building constitutes a public nuisance, as that term is defined in VMC Chapter 13.02, VMC Section 16-1.03.010, and/or Chapter 6, Article 13 of Title 16. The monitoring/inspection fee shall be in such amount as the City Council shall establish from time to time by resolution and set forth in the City's Master Fee Schedule, provided that said fee shall not exceed the reasonable costs of the City incurred in monitoring/inspecting such nuisance Vacant Buildings.

(2) The monitoring/inspection fee shall thereafter be imposed in each thirty (30) day period following the imposition of the initial fee and shall continue to be imposed until such time as the Vacant Building no longer constitutes a public nuisance. Notice of imposition of the monitoring/inspection fee shall be mailed to the Property Owner at the address set forth on the last equalized assessment roll of the San Bernardino County Assessor together with a bill for said fee. Any decision of the City Manager to impose a monitoring/inspection fee pursuant to this Section is appealable to the Planning Commission in accordance with the provisions of Chapter 2, Article 2 of VMC Title 16.

(3) If the monitoring/inspection fee is not paid within sixty (60) days following billing or within sixty (60) days after a decision of the Planning Commission upholding the determination of the City Manager's decision on appeal, the fee may be collected via a lien or special assessment as provided for in VMC Section 1.04.070.

(b) Enforcement Response Costs. For nuisance Vacant Buildings requiring a City enforcement response and securement, additional and separate enforcement response costs shall be imposed for each response in amounts not to exceed the City's actual costs incurred in performing such response (e.g., Enforcement Officials' hourly rate and cost of board-up materials). Collection of such costs shall likewise be in accordance with Section 1.04.070 of the VMC.

(Ord. No. 2465, § 6, 4-7-26)