Willits Municipal Code Ch. 8.28 Vacant Commercial Property Registration and Property Maintenance

The ordinance codified in this chapter shall be known as the "vacant commercial building ordinance," and is hereinafter referred to within this Chapter 8.28, as "this chapter".

(Ord. No. 18-02, 5-23-18)

Recognizing that abandoned and vacant buildings contribute to blight in the city, discourage economic development and diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The city council finds that vacant buildings result in increased expenditures for police, fire, and code enforcement inspections and calls. Maintenance of the public health, safety, and welfare thus requires the City to maintain an accurate registration of all vacant commercial buildings and to impose each of the requirements, procedures and penalties set forth herein.

(Ord. No. 18-02, 5-23-18)

For the purposes of this chapter, the following terms are defined as set out in this section:

A. "Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial purposes and which is located within either the Community Commercial, Heavy Commercial or Administrative Office zoning designations. A "commercial building" also includes any structure, or any portion of a structure, located within the city and designed or intended for occupancy as a hotel or motel.

B. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.

C. "Out of area" means in excess of fifty miles of the subject property.

D. "Secured" means treated with such measures as may be directed by the building official or his or her designee that assist in rendering the abandoned building inaccessible to unauthorized persons, squatters, and trespassers, including, but not limited to, the closure, locking, padlocking, chaining, repair and/or boarding of fence(s), wall(s), gate(s), window(s), door(s), including walk-through, sliding and/or garage doors, and/or other openings of such size that may allow a child access to the interior of the structure/property. In case of broken windows, "secured" includes the reglazing or boarding of the window. Boarding shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required, and shall additionally require painting the boards with an exterior grade paint that matches the color of the building.

E. "Unsecured" means any building that is accessible through a compromised, breached or broken gate, fence, wall, window, door, or similar entry points and/or is unsecured so as to allow access to any interior space by unauthorized persons or trespassers.

F. "Vacant commercial building." A commercial building shall be vacant if greater than fifty percent of the commercial units within the building have been unoccupied for over ninety days. Notwithstanding the foregoing sentence, a commercial building shall not be considered vacant if:

1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the commercial building and the owner completes the alterations or rehabilitation, within one year from the date the initial permit was issued, unless the community development director, in his or her sole discretion, determines that good cause exists to extend to the owner an additional period of time to complete the alterations or rehabilitation, of the commercial building; or

2. The owner or leaseholder has filed an application for, and is actively seeking to obtain, authorization, permits or a license required by state or local law permitting the lawful use and occupancy of the commercial building.

3. In the case of a structure or portion of a structure designed or intended as a hotel or motel the owner or operator is actively engaged in operating such premises as a hotel or motel. At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Uniform Transient Occupancy Tax Ordinance of the City of Willits with respect to such premises.

(Ord. No. 18-02, 5-23-18)

A. The owner(s) of a vacant commercial building shall within ninety days after it has become vacant, register the commercial building with the community development department on a form provided by the department.

B. The annual registration fee, in an amount established by city council resolution, shall accompany the registration form. The registration payment deadline will serve as the date for calculating an annual renewal fee which shall be paid every year the commercial building remains vacant. Funds derived from said fee shall be used to offset the City and Little Lake Valley Fire Department's cost of inspection, administration and enforcement under this chapter.

1. An owner shall not have to pay the annual renewal fee if their building(s) meet all codes, do not contribute to blight, are ready for occupancy, are being maintained and monitored as required by this chapter and can provide satisfactory evidence that the vacant commercial building is actively being offered for sale, lease, or rent. Satisfactory evidence shall include, but is not limited to, evidence that the owner has hired a real estate agent or other rental agent who advertises and promotes the vacant commercial building for rent, lease or sale, or proof that the vacant commercial building is offered for rent, lease or sale on the Multiple Listing Service or any other comparable real estate listing service.

C. Any subsequent owner of a vacant commercial building must register or re-register the building with the city designated officer within thirty days of any transfer of any ownership interest in the building;

D. Commercial buildings subject to this chapter shall remain under the annual registration, security and maintenance requirements of this chapter as long as the properties remain vacant. However, if the owner rents the commercial building to a tenant who occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law prior to the registration payment deadline, the commercial building shall be removed from the department's registry and the owner need not pay the registration fee.

E. If any owner fails to register a vacant commercial building as required by this chapter the community development director may register the vacant commercial building and impose the annual registration fee on the owner. Notice of such registration by the director shall be made pursuant to Section 1.12.110. The notice shall state the amount due for the registration fee and shall constitute enrollment in the city's vacant commercial building registration program. The notice shall further advise that the owner must comply with all requirements of this chapter and submit all of the information required within Section 8.28.050 within ten days following service of such notice. The failure to submit all required information following service of such notice is a violation of this chapter, shall constitute a public nuisance, and shall be subject to the penalties and procedures set forth in Section 8.28.110. The city may collect any unpaid registration fee by use of any method authorized by law.

(Ord. No. 18-02, 5-23-18)

A. The required registration shall be submitted on the form provided by the city and shall include:

1. The name, current mailing address, phone number and any other contact information of the owner as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.

2. If the owner(s) of the vacant building or property resides out of the area, as defined in this chapter, for at least six months a year, then they must provide the information for a local property manager with authority to act with respect to the property, including name, current mailing address, phone number and any other contact information of the owner's manager.

3. The situs addresses of the commercial building and the Assessor Parcel Number(s).

4. Square footage and occupancy rating(s) of the commercial building.

5. State the most recent legal use(s) of the commercial building.

6. The period of time the commercial building is expected to remain vacant, and a plan and timetable for returning the commercial building to appropriate occupancy or use.

7. Statement as to whether there is fire and liability insurance coverage.

8. Methods by which the owner has secured the commercial building against unauthorized entry.

9. Provide such other information as the department may require.

10. Upon registration of a vacant commercial building, the owner shall be required to provide authorization to the City of Willits Police Department to arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.

B. Pursuant to the registration requirements of this subsection, for every subsequent year a commercial building remains vacant beyond the initial registration, the owner of the vacant building must:

1. Re-register the building and pay appropriate fees, and

2. Submit an updated plan for returning the vacant building to appropriate occupancy or use.

(Ord. No. 18-02, 5-23-18)

The property owner(s) or designated responsible person(s) shall maintain properties subject to registration pursuant to this chapter as required by this chapter and any other applicable provisions of federal, state or local law, and shall take any other action necessary to prevent giving the appearance that the property is unmaintained, including but not limited to, the following:

A. Property shall be maintained free of weeds, dry brush, dead vegetation, trash, junk, debris and excessive foliage growth that diminishes the value of surrounding properties and/or causes a blight.

B. Property shall be maintained free of any building materials; any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law); discarded personal items, including but not limited to furniture, clothing, large and small appliances, printed material.

C. Property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

D. Exterior shall be cleared of any advertisements or signage of previous businesses.

E. To the extent permitted by law, any vacant commercial building shall be secured, as defined in this chapter.

(Ord. No. 18-02, 5-23-18)

In addition to the enforcement remedies established in this chapter or otherwise by law, the building official or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to implement additional maintenance or security measures, including but not limited to securing any and all doors, gates, windows or other openings, installing additional security lighting, increasing onsite inspection frequency, or other measures as may be reasonably required to prevent the decline of the condition or appearance of the property.

(Ord. No. 18-02, 5-23-18)

Any vacant commercial building shall be posted with the name and twenty-four-hour contact phone number of the trustee, beneficiary, owner, realtor or a local property management company that must be retained by an out-of-area beneficiary, trustee or owner. The posting shall be no less than eighteen inches by twenty-four inches and shall be of a font that is legible from a public right of way and shall contain along with the name and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials.

(Ord. No. 18-02, 5-23-18)

A. A city designated officer or their appointee may inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring compliance with the provisions of this chapter and safeguarding the health, safety and welfare of the general public. Upon the request of the city building official or a designated appointee, an owner shall provide access to all interior portions of any vacant commercial building or suspected vacant commercial building in order to permit a complete annual inspection.

B. The Little Lake Valley Fire Department Fire Chief or a designated appointee is authorized to enter and inspect, or cause to be inspected, all vacant commercial buildings and premises for the purpose of conducting an annual fire code compliance inspection.

(Ord. No. 18-02, 5-23-18)

A. The owner(s) or their local property manager shall inspect the vacant commercial building on a monthly basis to determine if the building is in compliance with this chapter or if notification of noncompliance is reported to the owner(s) or their local property manager. The property shall be brought back into compliance with this chapter within five days of it becoming out of compliance herewith.

B. An out-of-area owner of a vacant commercial building shall retain a local property manager, who shall inspect the building as required by this chapter to determine whether the building is in compliance with the requirements of this chapter. The local property manager shall maintain a current city business license for all periods of time during which the local property manager is in charge of a vacant commercial building located within the city.

(Ord. No. 18-02, 5-23-18)

A. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapter 1.12 of the Willits Municipal Code or any other enforcement and legal remedies available to the city under the law.

B. All penalties assessed shall be payable directly to the city.

C. Any and all civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the city to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of this chapter, institution of injunction, mandamus, or other appropriate action or proceedings to enforce the penalty provisions of this chapter.

D. In addition to all other lawful remedies available to the city to address any violation of this chapter, the code compliance officer or his or her designee may impose an administrative penalty in the amount of five hundred dollars upon any owner of a registered vacant commercial building that has remained in a continuous, vacant condition at the time of the second annual inspection. An additional administrative penalty may be imposed upon an owner if the owner's building remains vacant one hundred eighty days following the first administrative penalty. Additional penalties may be imposed semi-annually as long as the building remains vacant. A second and any subsequent penalty shall be in an amount not to exceed three thousand dollars.

(Ord. No. 18-02, 5-23-18)

Pursuant to the city's police powers authorized in Article XI, Section 7 of the California Constitution, and other provisions of California law, including, but not limited to, California Government Code Section 38771, the city council hereby declares that violation of this chapter, including but not limited to the registration, inspection, maintenance and security requirements of this chapter shall constitute a public nuisance and shall be subject to abatement in accordance with Chapter 1.12.150.

(Ord. No. 18-02, 5-23-18)

This chapter shall be in full force and effect thirty days following its enactment in accordance with California law; and before the expiration of fifteen days following passage, this chapter shall be published once with the names of the members of the city council voting for and against the same in a newspaper of general circulation, published in the City of Willits.

(Ord. No. 18-02, 5-23-18)