HomeMy WebLinkAboutOrdinance - 2015-11 - 5/14/2015 f Q r Ff�t.
fL❑yGi.
BILL NO. B-14
ORDINANCE NO. 5-11
AN ORDINANCE OF THE CITY OF FRESNO,
CALIFORNIA, REPEALING SECTION 10-617 AND ADDING
SECTION 10-617; AMENDING SECTIONS 10-603; AND
REPEALING SECTIONS 10-620, 11-335 AND 11-422 OF
THE FRESNO MUNICIPAL CODE RELATING TO
STANDARDS FOR VACANT BUILDINGS
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 10-617 of the Fresno Municipal Code is repealed and the
following is added to read:
SECTION 10-617. BLIGHTED VACANT BUILDING ORDINANCE
(a) All vacant buildings shall be maintained in a non-blighted
condition, consistent with the requirements of this section. A vacant
building in a blighted exterior condition shall be deemed a public nuisance.
If the Director finds the building is being maintained in a blighted condition,
the Director may issue a Notice of Correction to the property owner and
the property owner may be subject to fines and penalties as set forth in
this section.
(b) All vacant buildings shall be actively maintained, monitored
and secured in compliance with all of the following standards:
(1) Maintain all yards visible from any public right of way,
including interior yards visible from adjacent properties to be
maintained in a safe and sanitary condition, including keeping all
Page 1 of 13
Date Adopted: 5/14/2015
Date Approved 5/19/2015
Effective Date: 6/19/2015 Ordinance No. 2015-11
ip
n �r+yyy+r+r�7v y
O��flrQ Vr t.tiR
plant materials controlled to avoid Overgrowth as defined in this
Article; including park strips, with Landscaping as defined in this
Article, installed and maintained in a trimmed, live and healthy
condition; the requirements of this subsection to maintain live plant
material shall not be effective if and during the time the city has
implemented Stage 2 3, or.4 water shortage contingency rationing
under its Water Use Reduction Plan.
(2) Maintain the exterior of the building, including but not
limited to, paint, finishes, roofing materials, siding, stucco, masonry,
railings, steps, gutters, and structural elements in good condition.
Painted surfaces shall be deemed in good condition if there is at
least 95% coverage of the structural element that is painted.
(3) Remove all trash and debris from exterior of the
property within seventy-two (72) hours of notification.
(4) Comply with all applicable state and local codes and
regulations, and any applicable city issued permits and site plans in
the replacement and repair of all elements of the exterior of the
building.
(5) Take all reasonable steps necessary to prevent
criminal activity, including, but not limited to, the use and sale of
controlled substances, prostitution, and criminal street gang activity,
on the premises. Examples of reasonable steps include actively
Page 2 of 13
s• t�'3L�J' �s~ 4
.rf.l1 OCY yr
monitored security alarm systems and frequent physical inspections
as defined in subsection 10-603(c).
(6) Secure and maintain the property, both structure and
grounds, against trespassers, including maintaining all windows
and doors with locks, replacing all broken doors or windows, and
securing any other openings into the structure that are readily
accessible to trespassers as defined under Chapter 11 of this code
or such other means as may be accepted by the Director. Securing
windows that are visible from any public right of way shall be done
only with rigid transparent material such as clear Lexan type
material with a minimum of 3/8 inch thickness to 1/2 inch thickness.
No opaque (typically plywood) boarding materials shall be used
where visible from a public right of way, following sixty (60) days of
the effective date of this ordinance.
(7) Remove all graffiti on the property within forty-eight
(48) hours of placement on the property in compliance with Fresno
Municipal Code Section 9-2514.
(8) Maintain the property free of all fire hazards.
(9) Maintain the property free of any Attractive Nuisance,
as defined in this Article.
(10) All buildings that have been or are expected to be
vacant for longer than thirty (30) days may-shall be registered, at no
cost, with the city as may be provided on a city website or web
Page 3 of 13
r
ullp
application, The registration shall include the identity of all record
owners, the street address of the vacant building, and a local
contact, and shall be maintained only for internal use by the city.
(c) Non-compliance. Failure by the property owner to comply
with each of the standards set forth in sections (b) (1) through (b) (10)
above for the exterior of a vacant building within eighteen (18) days of
notification under this section is a separate violation of this code and
subject to the following penalties:
(1) Use of any abatement procedure provided in this
Article;
(2) Issuance of a criminal citation under Section 1-305,
should the owner of a vacant building be found responsible for
three or more violations of this Article on three or more separate
buildings within a thirty (30) day period;
(3) Issuance of an administrative citation of $250 per
violation, per day, under Section 1-308. There shall be a
presumption that a violation continued from day to day between the
initial inspection date at which it was observed by the city and a
subsequent inspection date at which it continued to exist; and/or
)(a) Vacant properties that are not reg;stared on the Cur's
vacant rp_operty_ ree igstry_ shall be subject to an administrative
citation of 250 per month, and/or
Page 4 of 13
SF i�
�irfn 00
(4) Institution of legal action to pursue any available legal
remedy, including receivership or injunction, by the City Attorney
upon request by the Director.
(d) Occupancy. If a vacant building has been found to be in
violation of this Article, the building shall not be occupied until all fines and
abatement costs are paid, or acceptable arrangements with the city for
payment have been made, and the owner certifies the property meets all
health and safety code standards that are required for occupancy and the
property owner receives a written release from the city. The city reserves
the right to require an interior inspection of the property to ensure the
property meets local and state law requirements for habitability prior to
issuing the city's release for occupancy.
(e) Grace period. Owners of newly acquired blighted vacant
buildings shall have thirty (30) days from the date of legal possession of
the building to be in compliance with this ordinance.
SECTION 2. Section 10-603 of the Fresno Municipal Code is amended to read:
SECTION 10-603. DEFINITIONS.
(a) "Abandoned Vehicle" means a vehicle which is left on a
highway, public or private property in such inoperable or neglected
condition that the owner's intention to relinquish all further rights or
interests in it may be reasonably concluded.
(1) In reaching a reasonable conclusion, one must
consider the amount of time the vehicle has been there without
Page 5 of 13
G~�y 0 F 4,
It P
. A
AirE❑a(J 1�.
being moved, its condition, statements from the owner and
witnesses, etc.
(2) In reference to highway or public rights of way,
"abandonment" is presumed to have occurred if a vehicle is parked,
resting, or otherwise immobilized on any highway or public right of
way; and lacks an engine, transmission, wheels, tires, doors,
windshield, or other part of equipment necessary to operate safely
on the highway in this city. Such vehicles are presumed to be a
hazard to public health, safety, welfare and considered an attractive
nuisance and may be removed immediately upon discovery,
(b) "Attractive Nuisance" shall mean any condition,
instrumentality or machine which is or may be unsafe or dangerous to
children by reason of their inability to appreciate the peril therein, and
which may reasonably be expected to attract children to the premises and
risk injury by playing with, in, or on it, whether in a building or on the
premises.
)mac) "Blight" means the condition of a specific property_or group of
properties which would be offensive in the des of the public as compared
to the standard of maintenance of the property pursuant to Article 6,
Section 10; where the conditions are visible from public streets or right of
ways and substantially detract from the aesthetics and economic value of
the neighboring properties including health and safety hazards, public
nuisance crime neglect and deterioration of property]
Page 6 of 13
C
'y
(L],e) "Blighted Building" means a vacant residential, commercial,
or industrial building and all yards surrounding the building that is in
violation of one or more provisions of the Fresno Municipal Code or
California state law, and therefore] reduces the aesthetic appearance of its
neighborhood, area or district, is offensive to the senses, or is detrimental
to nearby properties uses or property values. A blighted building includes
a vacant building and the yards surrounding the building that are not being
actively maintained, or actively monitored, or actively secured. To aGt+vely
rn ai }�llnf�1Tl�TVr��r�r nn1'� t�oni ire .1 11 rJ QG1'fTt'�3L ", e-ewner er--- �
L�.]T�TTLTO
age-It-mL-st-sarr-1ply with al�- -t4e
lit AAain+ain all lianrn
rcrn-marr•r—mss £�-FF1--69�$rrorrrcz —44f1tb—,aqy
appliGan;e deelepment--permits,if--t4e% are-ne--appkab4e
, eyelnnrr c,n{ i� maintain all interie-F yards ! 6e that aro nn+
rrrvTTY-pe-r�}r �-rrra-rrrrrccrToi-7arcr�� icrna-r-urcTsvx
yioihle- +n +ha nonoral r,t ihlirl in a sofa oeninr+luding liaaninr,
t
all> pla *o--a;a;Q-vvergrewtl
nvterinr yaK"-h9&@-thataFe yicihle to ftp--£We-ral public), inGlurdi,p
p,ark str{ps, ,.mitt la4sGaping,, as defined fi-this section, ins+�llir[
rand4r,aWitained-4n trim "TTrrr d, frvwesmad hica'4hy-GGn4"w,
liil ,Mainta� iR theee*teri$F4 +h S1ding innludinn_
[..,�� }-fin ��y� }�/`� }/� c��+ �/'� L`�_1f /�/�r�
#$tt-r1C� irTTlitiLTlTI,-pain+ d4+i4she& rT ood-400n�j
(144—Re.r"'i ow -all trach anddebris fror* ---their
planar ept or ahanr{nnm "-' YY''t eR t i�11Fe�
sru,�
Page 7 of 13
•�'rs'n''� so
� , A
a +V
6
R{rd� �q-
n❑ci
�1_i
.VI/ IIA�.intain then l.�.� Rrr �}HanGB
�tl pMb+dbl�te and Innal nnrl es nd-4equl tiQ{,-,-an --af.y
applicable.' ni+" 'r�virlmrrftS-t3
rFomina' -r.#vi}Tiy-gn-the-prT.mi&L�, T�7� fT� bran qt iimi e e the
saleuse and of nn,r,,T
-�--� trell�ed c�F,#b5tanres, PFQ6t44Ft. l
........, y.,..y aGtwvqtyiur,v
([e]d) "Decorative Landscaping" means decorative non-live
materials used to cover dirt in a garden or yard, such as rocks, gravel,
bark, or synthetic lawn, and does not include pavement with asphalt,
cement or any other impervious surface.
(Lfle) "Director" shall include any person authorized to issue
citations pursuant to Fresno Municipal Code Section 1-308(k),
([g]# "Dismantled Vehicle" means any vehicle that is partially or
wholly dismantled.
(L]g) "Inoperative Vehicle" means any motor vehicle that cannot
be moved under its own power.
(Li]#) "Landscaping" means at least fifty percent (50%) of the non-
paved portions of the exterior yards (those that are visible to the general
public) shall be covered with live trees, shrubs, lawns, or other live L
synthetic lawn] materials, and the remaining portion of the non-paved
portions of the exterior yards shall be covered with live trees, shrubs,
Page 8 of 13
ti
re OCT yry.
lawns, or other live plant materials or shall have decorative landscaping
installed, so long as weed block is used where decorative landscaping is
installed. Notwithstanding the above, all unpaved areas of a park strip may
be landscaped with decorative landscaping, so long as weed block is
used. [The requirements of this subsection to maintain live plant material
shall not be effective if and during the time the city has implemented Stage
2, 3, or 4 water shorka,.ge contingency rationing under its Water Use
Reduction Plan.]
(Wi) "Overgrown" means grass, lawn blades, or weeds that are:
1. Over twelve (12)1 inches long or any round
covering] plant material that extends over [twelve (12A inches onto
a public may[street, curb, gutter, or sidewalk or:
2. Over six (6) inches_lonq-or any ground covering plant
material that extends over six (6) inches on to the public street,
curb, gutter or sidewalk when the condition exists in combination
with one or more other violations under this Article.
([j}) "Park Strip" shall mean that portion of a street right of way
that lies between the pF8perty-line sidewalk] and the outside edge of a,
street, gutter, or gutter lip, including a driveway approach. Where no curb
exists, "park strip" shall mean the area of property from the �epeFt � line
[sidewalkl to the edge of the street pavement.
([I]k) "Property" shall mean any lot or parcel of land. For purposes
of this definition, "lot or parcel of land" shall include any alley, sidewalk,
Page 9 of 13
q�op
n
o
�,tPtl Df� �'`•
park strip or unimproved public easement abutting such lot or parcel of
land. Further, for the purpose of this definition, "unimproved public
easement" shall not include an exposed irrigation canal.
([m]4) "Record Owner" shall mean the person to whom land is
assessed as shown on the last equalized assessment roll of the county or
current title owner of record, if different,
(L]m) "Structure" means anything constructed or built, any edifice
or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something else attached
to the ground.
(L]n) "Vacant building" means real property with one or more
structures, whether residential, commercial, or industrial, that is/are
unoccupied or occupied by unauthorized persons. In the case of a multi-
unit structure or complex, vacant shall mean when any one unit is f[ ifs
percent. 50% or more of the units are] unoccupied or occupied by
unauthorized persons.
([p]e) "Vehicle" means a device by which any person or property
may be propelled, moved, or drawn upon a highway, excepting a device
moved by human power or used exclusively upon stationary rails or
tracks.
Page 10 of 13
OF FQR
K o
4tr 11.
FQ[1Ct.
"Weed Block" means material that is installed over a dirt
surface in order to prevent the growth of weeds and that does not prevent
the infiltration or passage of water into the dirt surface.
([-r]q) "Wrecked Vehicle" means any vehicle that is damaged to
such an extent that it cannot be operated upon the highway.
SECTION 3. Section 10-620 of the Fresno Municipal Code relating to Registration of
Vacant Foreclosed Properties is repealed.
SECTION 4. Section 11-335 of the Fresno Municipal Code relating to Standards for
Temporarily Boarding a Vacant Building or Structure is repealed.
SECTION 5. Section 11-422 of the Fresno Municipal Code relating to Standards for
Temporarily Boarding a Vacant Building or Structure is repealed.
SECTION 6. This ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
Page 11 of 13
t� OF F�
Op Y 1
OCT.
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the 14th day of May, 2015
The Council voted to bifurcate the vote on item 2A, file 15-384 into two votes.
Councilmember Brand made the first vote to approve the registration portion of the
ordinance repealing Section 10-617 (b)(10) and Section (c)(3)(i)(ii), and adding Section
10-617(b)(10) and Section (c)(3)(i)(ii). The motion also included Councilmember
Brand's condition of approval that a trial program be started and evaluated and staff
would come back to council no later than six months after implementation to tweak the
process if necessary. Council President Baines seconded the motion. Council adopted
Bill No. 14 and Ordinance No. 2015-11 (Registration portion only as described above)
entitled, Repealing Section 10-617 and adding Section 10-617; of the FMC relating to
standards for vacant buildings by the following vote:
AYES Brand, Caprioglio, Quintero, Soria, Baines
NOES Brandau and Olivier
ABSENT : None
ABSTAIN: None
Mayor Approval: May 19 , 2015
Mayor Approval/No Return: N/A 2015
Mayor Veto: N/A . 2015
Council Override Vote: N/A 2015
YVONNE SPENCE, CMC
City Clerk
BY:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN,
City Attorney
BY: 2-1-15;
Douglas T. S Date
City Attorney
12 of 13
{`l OF FR,
i.
v �ti e
e
*r�G f1 CS.tJ
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the 14th day of May, 2015
The Council voted to bifurcate the vote on item 2A, file 15-384 into two votes.
Councilmember Olivier made the motion for the second vote to approve the remaining
portion of the ordinance (excluding the registration portion described in Section 10-617,
which Council had approved). Councilmember Brandau seconded the motion. Council
adopted Bill No. 14 and Ordinance No. 2015-11 entitled, Repealing and replacing
Section 10-617 (a)(b)(1-9)(c)(1)(2)(4)(d)(e), Amending Sections 10-603; and repealing
Sections 10-620, 11-335 and 11-422 of the FMC relating to standards for vacant
buildings by the following vote:
AYES Brand, Brandau, Caprioglio, Olivier, Quintero, Soria, Baines
NOES None
ABSENT : None
ABSTAIN: None
Mayor Approval: May 19 2015
Mayor Approval/No Return: N/A 12015
Mayor Veto: N/A ' 2015
Council Override Vote: N/A , 2015
YVONNE SPENCE, CMC
City Clerk
BY, '1
APPROVED AS TO FORM: �l
DOUGLAS T. SLOAN,
City Attorney
BY: - 'S` Z-/-/S
Dau as T. Sl Dat
City Attorney
13 of 13
4, OF
'T'..r�'1�•
°Rt May 15, 2015 Council Adoption: 5/14/2015
rta Oct'ti
RECEIVED Mayor Approval:
TO: MAYOR ASHLEY SWEARENGINMayor Veto:
1. Override Request:
FROM: YVONNE SPENCE, P 1 3 9
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL':-ACT,bN#df3 'APPROVAL OR VETO
At the Council meeting of 5/14/15, Council voted to bifurcate the vote on item 2A, file 15-384
into the two votes. Councilmember Brand made the first vote to approve the registration
portion of the ordinance repealing Section 10-617 (b)(10) and Section (c)(3)(i)(ii), and adding
Section 10-617(b)(10) and Section (c)(3)(i)(ii). The motion also included Councilmember
Brand's condition of approval that a trial program be started and evaluated and staff would
come back to council no later six months after implementation to tweak the process if
necessary. Council President Baines seconded the motion. Council adopted the attached
Bill No. B-14 and Ordinance No. 2015-11 (Registration portion only as described above)
entitled, Repealing Section 10-617 and adding Section 10-617; of the FMC relating to
standards for vacant buildings, Item No. 2A, File ID# 15-384, by the following vote:
Ayes Brand, Caprioglio, Quintero, Soria, Baines
Noes Brandau and Olivier
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before May 26, 2015. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10th day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval. Thank you.
l P ROVE �NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Ashley Sweareng , Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain
. d
t OF Pp e
May 15, 2015RECEI !ED Council Adoption: 5/14/2015
Mayor Approval:
TO: MAYOR ASHLEY SWEARENGIN Mayor Veto:
't�rS PM
L'y Override Request:
FROM: YVONNE SPENCE, CMCt 3
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 5/14/15, Council voted to bifurcate the vote on item 2A, file 15-384
into the two votes. Councilmember Olivier made the motion for the second vote to approve
the remaining portion of the ordinance (excluding the registration portion described in Section
10-617, which Council had approved) Councilmember Brandau seconded the motion.
Council adopted the attached Bill No. B-14 and Ordinance No.2015-11 entitled, Repealing
and replacing Section 10-617 (a)(b)(1-9) (c)(1)(2)(4)(d)(e), Amending Sections 10-603;
and repealing Sections 10-620, 11-335 and 11-422 of the FMC relating to standards for
vacant buildings, Item No. 2A, File ID# 15-384, by the following vote:
Ayes Brand, Brandau, Caprioglio, Olivier, Quintero, Soria, Baines
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before May 26, 2015. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10th day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval. Thank you.
APPROV /NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
0, Z Date: 5� In
Ashley Swea tgin, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain