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HomeMy WebLinkAboutCC ORD 2000-2175 Amends Ch. 7.06, abandoned buildings and facilities (7.06)ORDINANCE NO. 2000- 2175 AN ORDINANCE AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES BE IT ORDAINED by the City Council of the City of National City that Title 7 of the Municipal Code is amended as follows: Section 1. That the Chapter 7.06 is amended in its entirety to read as follows: Chapter 7.06 ABANDONED BUILDINGS AND FACILITIES' Sections: 7.06.010 Purpose and intent •--Findings 7.06.020 Definitions. 7.06.030 Abandoned buildings —Barricading. 7.06.040 Abandoned buildings —Nuisance —Abatement. 7.06.050 Demolition and restoration required. 7.06.060 Evacuating and barricading damaged buildings. 7.06.070 Abandoned furniture and other materials. 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. 7.06.090 Vacant building monitoring fee. 7.06.100 Administrative penalty. 7.06.110 Nuisance —Criminal penalty. 7.06.120 Demolition and blight removal account 7.06.010 Purpose and intent —Findings. It is the purpose and intent of the City Council to establish procedures to minimize or eliminate blight and adverse threats to the public health, safety and welfare caused by improper maintenance of abandoned or vacant structures, and to establish penalties and enforcement mechanisms to bring such properties into compliance. The City Council finds and determines that: A. Vacant buildings which have become unsecured or dilapidated, or which arc partially destroyed for an unreasonable period of time, attract undesirable individuals including vagrants and criminals who use the buildings for illicit drug activity and other unlawful purposes. Noncodified list of cross-references: Abandoned Wells - NCMC Chapter 14.20 Abandoned Vehicles - NCMC Chapter 11.48 Removal of Signs from Abandoned Buildings -NCMC Section 18.62.060 Uniform Building Code - NCMC Title 15 Uniform Code for Abatement of Dangerous Buildings -NCMC Title 15 Uniform Fire Code - NCMC Title 15 Abandoned Appliances - California Penal Code 2000 Ordinance Abandoned Facilities Chapter 7.06 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 cannot be repaired so as to conform to the requirements of Title 15 of this code, constitutes a threat to the public health, safety and welfare, because such conditions invite vandalism, arson, drug dealing, other crime problems and fire hazards, and create unsightliness and blight that depreciates property values. D. The existence of vacant buildings which become unsightly because of deteriorated, weathered, chipped, cracked, or peeled paint creates an economic disincentive to the value of surrounding property. Paint that is loose or falling to the ground causes a potential health and safety violation due to possible lead -based paint that could be ingested by children, causing sickness, mental retardation, and possibly death. E. 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. Therefore, the need to correct such conditions is sufficiently great so as to outweigh the potential benefits of inaction, if any, to the owners of such vacant buildings. 7.06.020 Definitions. For the purposes of this chapter, "abandoned building" means a building that 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 of 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 twenty -four -month period, has been barricaded and thereafter became unsecured so that persons could enter it. 7.06.030 Abandoned buildings —Maintenance and 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. 2000 Ordinance 2 Abandoned Facilities Chapter 7.06 C. Unauthorized entry into or occupancy of an abandoned building is prohibited. D. Specifications and orders by the director of building and safety for barricading a building may include any of the fbllowing: 1. Boarding of doorways, crawl spaces, windows and openings are to be accomplished by use of one-half inch (1/2") or thicker exterior grade plywood, fastened by lag screws or one-way bolts to the frame or a cross brace, or both; 2. All barricades shall be painted to [Hatch the dominant exterior color of the elevation of the building on which the barricade is placed. The dominant exterior color shall be that color that occupies at least 60% of the particular elevation; 3. In the case of commercial buildings located on main or secondary thoroughfares, opaque window coverings may be allowed by the director in lieu of a barricade, provided all the windows arc maintained, and, if broken or cracked, replaced within 72 hours. The director may require broken or cracked windows to be replaced in lieu of barricading. E. Abandoned buildings shall be maintained free of weeds, litter and rubbish at all times. Violations shall be abated and cost recovery allowed as provided in this chapter and related chapters for abatement of public nuisances. 7.06.040 Abandoned buildings —Nuisance —Abatement. Any building determined by the director of building and safety to he an "abandoned building" under the provisions of this chapter, is a public nuisance and shall be 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 Uniform Code for the Abatement of Dangerous Buildings may be used where the building qualifies as a "dangerous building" under that code. 7.06.050 Demolition and restoration required. All work requiring a demolition permit pursuant to Title 15 of this code shall include the required removal of all foundations and basements and restoring the site to natural grade and condition. Failure to comply with such a permit or any order by the director of building and safety is a violation of this chapter. 7.06.060 Evacuating and barricading damaged buildings. The director of building and safety may order and/or accomplish the immediate evacuation and barricading of any building thought to be structurally damaged by seismic activity, wind, tsunamis, flooding, decay, structural failure, dysfunction of sanitation systems or infestations of insects or vermin wherein persons therein would be endangered. The director may employ the provisions of Chapter 1.36 or other provisions of law allowing for summary abatement, when necessary. 7.06.070 Abandoned furniture and other materials. A. Any furniture, appliances, clothing, signs, or new or used materials of any sort placed upon private property without specific permission of the property owner or tenant, or upon public property without specific permission of the agency to whom the property belongs, is deemed to be abandoned. B. Property owners including public agencies, upon giving reasonable notice to the owners of such materials where that is possible, may take possession of such abandoned materials and dispose of them in accordance with law. C. Upon receipt of notice by the city that abandoned materials are present on private property, the owners of the materials or the property shall promptly remove them. Failure to comply with such notice is a violation of this code. 2000 Ordinance 3 Abandoned Facilities Chapter 7.06 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. A. Except as provided in subsection C of this section, 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 ninety days after the building is boarded. B. Except as provided in subsection C of this section, no person shall allow a building designed for human use or occupancy to stand vacant for more than ninety days. C. An owner may permit a building to be boarded without being rehabilitated for occupancy or to stand vacant for more than ninety days; provided, that one of the following conditions applies: 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 is not likely to contribute to blight because the owner is actively maintaining and monitoring the building. 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. 7.06.090 Vacant building monitoring fee. A. Fee Imposed. An annual building monitoring fee as set forth in the National City Fee Schedule adopted by the City Council shall be paid by every owner of a vacant building. The fee shall be periodically reviewed and adjusted by 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 nonresidential building which: 1. Is boarded up by voluntary action of the owner or as the result of enforcement activity by the city; or 2. Is vacant for more than ninety days for any reason. B. Fee Waiver. The vacant building monitoring fee shall be waived by the director of building and safety 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. 2000 Ordinance 4 Abandoned Facilities Chapter 7.06 2. Any owner billed may apply for a waiver for the grounds set forth in subsection B of this section by submitting a written statement of the grounds for the waiver, together with the owner's daytime telephone number, to the director of building and safety within thirty 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 Section 15.04.060 of this code. The decision of the hoard shall be final. 4. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the director of building and safety or the advisory and appeals hoard becomes final, the city council may thereupon order that the fee be specially assessed against the property, it shall confirm the assessment and thereafter order said assessment to be collected at the same time and in the same manner as ordinary real property taxes are collected. The assessment shall be subject to the same penalties and the same procedure and sale in the case of delinquency as is 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. 7.06.100 Administrative penalty. A. Administrative Penalty Imposed. Any owner of a building which remains boarded in violation of Section 7.06.080(A) or any owner of a building which remains vacant in violation of Section 7.06.080(B) shall be liable for an administrative penalty in an amount not to exceed two hundred fifty dollars per huilding for the first violation. If the building is not brought into compliance within thirty (30) days following notification, the owner shall be liable for an administrative penalty not to exceed five hundred dollars per huilding, for the second and all subsequent violations. Each succeeding thirty (30) day period when the building remains in violation shall constitute a new 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 this code. In setting the penalty, the board shall consider thc 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 thirty days after the decision of the board. If the penalty is not paid within forty-five days after the decision of the board, the city council may thereupon order the penalty be a personal obligation of the property owner or that it be specially assessed against the property involved, or both. If the city council 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 thc special assessment. 2000 Ordinance 5 Abandoned Facilities Chapter 7.06 The City Council may also cause a notice of lien to 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. The notice of lien shall be recorded without payment of fee. 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, would hinder the rehabilitation of the building, or the owner rehabilitates the property within a designated period of time. E. Right of Judicial Review. Any person aggrieved by a decision of the advisory and appeals board or City Council may obtain judicial review of said decision by filing an appeal to he heard by the San Diego County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. 7.06.110 Nuisance Criminal penalty. In addition to the administrative penalties specified in Section 7.06.100, 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, or who violates any mandatory provision or prohibition of 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. 7.06.120 Demolition and blight removal account. The City shall establish a revolving fund account designated for "Demolition and Blight Removal". The City may use this fund for the purchase of blighted or abandoned property or buildings maintained in violation of this chapter. Any person maintaining a building in violation of this chapter may offer the property for sale to the City at the property's fair market value. All fees, costs and expenses shall be borne by the buyer and seller according to customary real estate sales practice. The City shall pay for the property appraisal necessary to establish the fair market value based on the condition of the property, to be performed by an appraiser acceptable to both parties. The City may enter into separate arrangements with other public entities for acquisition, management and disposition of the property. PASSED and ADOPTED this 16th day of May , 2000. ATTEST: Mic el R. Dalla, CJty Clerk George . Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 2000 Ordinance 6 Abandoned Facilities Chapter 7.06 Passed and adopted by the Council of the City of National City, California, on May 16, 2000, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: rs"'4 7""ay,.a t.,,P4 ., 1-9 rr v £u . GEORGE H. WATERS Mayor of the City of National City, California City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 2, 2000, and on May 16, 2000. 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. 2000-2175 of the City Council of the City of National City, passed and adopted by the Council of said City on May 16, 2000. City Clerk of the City of National City, California By: Deputy