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HomeMy WebLinkAboutCC ORD 1995-2094 Adds §§ 7.06.070—7.06.100 and amends §§ 7.06.010—7.06.030, abandoned facilities (7.06)ORDINANCE NO. 9 5- 2 0 9 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 7.06.010, 7.06.020, AND 7.06.030 OF THE NATIONAL CITY MUNICIPAL CODE, AMENDING PORTIONS OF ORDINANCE NO. 1812, AND ADDING SECTIONS 7.06.070 THROUGH 7.06.100 TO THE MUNICIPAL CODE, PERTAINING TO ABANDONED BUILDINGS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 7.06.010 of the National City Municipal Code, and Section 7.06.010 of Ordinance No. 1812 are hereby amended to read as follows: 7.06.010 Definitions. For the purposes of this chapter, "abandoned building" means a building which is vacant, and which: A. Has become unsecured or dilapidated; or B. Is partially destroyed and remains so for a period in excess of six months; or C. Has been damaged by fire, decay or otherwise, and cannot be repaired so as to conform to the requirements of Title 15 of this Code; or D. Because of its physical condition invites vandalism, arson, drug dealing, and other crime problems; or E. Because its physical condition constitutes a refuge for vagrants; or F. Because of its physical condition constitutes a fire hazard; or G. Because of its physical condition creates blight and depreciates surrounding property value; or H. Has been determined by the Director of Building and Safety to constitute a "dangerous building" as defined in the Uniform Code for the Abatement of Dangerous Buildings," as adopted pursuant to Title 15 of this Code; or I. On at least three occasions within a 24-month period, has been barricaded and thereafter become unsecured so that persons can enter it. Section 2. That Section 7.06.020 of the National City Municipal Code, and Section 7.06.020 of Ordinance No. 1812 are hereby amended to read as follows: 7.06.020 Abandoned Buildings -- Barricading. A. Any abandoned building shall be substantially barricaded by its owner in a manner specified by the Director of Building and Safety to prevent unauthorized entry. B. All gas and electric utility services shall be disconnected within five days of vacation of a building. Reconnections will require approval by the Department of Building and Safety. C. Unauthorized entry into or occupancy of an abandoned building is prohibited. Section 3. That Section 7.06.030 of the National City Municipal Code, and Section 7.06.030 of Ordinance No. 1812, are hereby amended to read as follows: 7.06.030 Abandoned Building--Nuisance--Abatement. Any building which is determined by the Director of Building and Safety to be an "abandoned building" under the provisions of this Chapter, shall be deemed a public nuisance and abated in accordance with the procedures for abatement of public nuisances and recovery of costs therefor set forth in Chapter 1.36 of this Code. The City Council finds and determines that: A. Vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, attract undesirable individuals including vagrants and criminals who use the buildings for drug dealing and other unlawful purposes. B. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time; or which have been damaged by fire or decay or otherwise, and which cannot be repaired so as to conform to the requirements of Title 15 of this Code, creates blight, which often spreads to surrounding areas. C. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time; or which have been damaged by fire or decay or otherwise, and which cannot be repaired so as to conform to the requirements of Title 15 of this Code, constitute a threat to the public health, safety and welfare, in that such condition invite vandalism, arson, drug dealing and other crime problems and fire hazards, and create unsightliness and blight that depreciates property values. D. Unless corrective measures are undertaken to cure and prevent such public nuisances, such serious threats to the public health, safety and welfare will continue to exist, and the need to correct such conditions is sufficiently great as to outweigh potential benefits of inaction, if any, to the owners of such vacant buildings. Section 4. That Section 7.06.070 is hereby added to the National City Municipal Code, to read as follows: 7.06.070 Maintenance of Boarded or Vacant Buildings A. Except as provided in Subsection C, the owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall cause the boarded building to be rehabilitated for occupancy within 90 days after the building is boarded. B. Execept as provided in Subsection C, no person shall allow a building designed for human use or occupancy to stand vacant for more than 90 days. C. An owner may permit a building to be boarded without being rehabilitated for occupancy, or may permit a building to stand vacant, for more than 90 days, provided that one of the following applies: 3 1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation, or 2. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent, or 3. The Director of Building and Safety determines that the building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include: 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, and graffiti. d. Maintenance of the building in continuing compliance with all applicable codes and regulations. e. Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity. Section 5. That Section 7.06.080 is hereby added to the National City Municipal Code, to read as follows: 7.06.080 Vacant Building Monitoring Fee. A. Fee imposed. There is hereby imposed upon every owner of vacant building an annual building monitoring fee in an amount to be set by 4 resolution of the City Council. The fee shall not exceed the estimated reasonable costs of monitoring the vacant building. The fee shall be payable as to any residential or non-residential building which: 1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City, or 2. Is vacant for more than 90 days for any reason. B. Fee waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that: 1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy, or 2. The building meets all applicable codes and is actively being offered for sale, lease or rent, or 3. Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. C. Procedure. 1. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor. 2. Any owner billed may apply for a waiver of the grounds set forth in subsection (B) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Director of Building and Safety within 30 days after the billing is mailed to the owner. The Director of Building and Safety shall review the written statement and may contact the owner to discuss the application of the waiver. The Director of Building and Safety shall prepare a written decision regarding the waiver request which shall be mailed to the owner. 3. An owner aggrieved by the decision of the Director of Building and Safety relating to an application for a waiver may appeal the Director's decision to the Advisory and Appeals Board by submitting a written notice of appeal to the Director of Building and Safety as set forth in 5 Section 15.04.060 of the National City Municipal Code. The decision of the Board shall be final. 4. If the fee is not paid within 60 days after billing, or within 60 days after the decision of the Director of Building and Safety or the Advisory and Appeals Board becomes final, the City Council may thereupon order that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. Section 6. That Section 7.06.090 is hereby added to the National City Municipal Code, to read as follows: 7.06.090 Administrative Penalty. A. Administrative Penalty Imposed. Any owner of a building which remains boarded in violation of Section 7.06.070A or any owner of a building which remains vacant in violation of Section 7.06.070B shall be liable for an administrative penalty in an amount not to exceed $250 per building for the first violation, and shall be liable for an adminstrative penalty not to exceed $500 per building for the second and subsequent violations within one calendar year of the first violation. B. Action by Advisory and Appeals Board. The administrative penalty shall be imposed by the Advisory and Appeals Board upon the recommendation of the Director of Building and Safety after the owner shall have been afforded a hearing before the Board. The hearing shall be conducted in accordance with the appeal provisions of Section 15.04.060 of the National City Municipal Code. In setting the penalty, the Board shall consider the severity of the blighting conditions on the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the Board shall be final. C. Penalty; payment. The administrative penalty shall be due and payable within 30 days after the decision of the Board. If the penalty is not paid within 45 days after the decision of the Board, the City Council may thereupon order that the penalty be a personal obligation of the property owner or that it be specially assessed against the property involved. If the City Council 6 orders that the penalty be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed by the Board, a description of the real property subject to the lien, and the amount of penalty. D. Penalty waiver. The administrative penalty shall be waived if the Advisory and Appeals Board finds that imposition of the penalty would create a substantial economic hardship on the owner or would hinder the rehabilitation of the building. Section 7. That Section 7.06.100 is hereby added to Chapter 7.06 of the National City Municipal Code, to read as follows: 7.06.100 Nuisance --Criminal Penalty. In addition to the administrative penalties specified in Section 7.06.090, the owner, occupant, or agent of any lot or premises within the City who permits or allows the existence of an abandoned building as defined in this Chapter, upon any lot or premises owned, occupied, or controlled by said person, is guilty of a misdemeanor and upon conviction thereof is punishable as prescribed in Section 1.20.010. PASSED and ADOPTED this 2 n d day of May , 1995. George H. aters, Mayor ATTEST: n 1 lA.�. .oe i.Q,.a- Anne Peoples, City JerkX.,e,/itA. ' Anne Peoples, City lerk APPROVED AS TO FORM: fift 1#3 04:at George H. Eiser, III City Attorney 8 Passed and adopted by the Council of the City of National City, California, on May 2, 1995, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None Absent: None Abstain: None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California 64.„.,_,,„„..,,„, , City Jerk of the City of National C By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on April 18, 1995 and on May 2, 1995. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 95-2094 of the City Council of the City of National City, passed and adopted by the Council of said City on May 2, 1995. City Clerk of the City of National City, California By: Deputy