Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JUNE 10, 2025
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING A FEE SCHEDULE ASSOCIATED WITH ADMINISTRATION OF CHAPTER 7 OF ARTICLE
VIII OF THE DOWNEY MUNICIPAL CODE (“VACANT AND
ABANDONED PROPERTY MAINTENANCE, SECURITY,
REGISTRATION, AND MONITORING REQUIREMENTS”) REGULATING
THE MAINTENANCE AND SECURITY OF VACANT PROPERTIES
WITHIN THE CITY OF DOWNEY
EXECUTIVE SUMMARY
The City Council will consider adopting Resolution No. 25-8301, establishing a fee schedule associated with implementation of the recently adopted Chapter 7 of Article VIII of the Downey Municipal Code (“Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements”) regulating the maintenance and security of vacant properties within the City of Downey, which becomes effective on August 9, 2025.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 25-8301, establishing a fee schedule associated with the implementation of Chapter 7 (“Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements”) regulating the maintenance and security of vacant properties within the City of Downey.
BACKGROUND
At its May 13, 2025 Meeting, the City Council introduced an Ordinance amending Article VIII (“Building Regulations”) of the Downey Municipal Code (DMC) to repeal Chapter 7 (“Abandoned and Vacant Property Registration and Maintenance”) and replace with a new Chapter 7 (“Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements”) regulating the maintenance, security, and monitoring of vacant properties within the City of Downey. A second reading of the ordinance was considered and adopted on May 27, 2025 by the City Council, which will become effective June 27, 2025.
APPROVED BY
CITY MANAGER
VACANT PROPERTIES REGISTRATION FEE SCHEDULE ADOPTION
JUNE 10, 2025
PAGE 2
ANALYSIS
Based on the Staff’s estimate, it will take approximately three hours to intake, review the application, conduct the initial inspection, and categorize the property. Therefore, a one- time registration fee at 100% cost recovery would be estimated at $405. Ongoing monitoring frequency will be based on the property's assigned category. A cost calculation and fee schedule for monitoring the property, by category, is provided in Table 1 below.
Table 1. Property registration and monitoring fees breakdown Category
Registration/
Re-categorization
Fee1
Monitoring
Frequency1
Staff
Time
(Hrs/Yr)
Monitoring
Fee Cost
per
year
Monitoring
Fee
Collection
Frequency1
Stable $405 Once per
quarter 4 hrs/yr $540 $540/year
At-Risk $405 Once per
month 12 hrs/yr $1,620 $405 per 3
months
Hazardous $405 Once per
week 52 hrs/yr $7,020 $585 per
month
Notes:
1. Established by Ordinance No. 25-1527
2. Registration is due upon a property owner(s) registering the property or upon change in ownership
3. “Re-categorization Fee” is not applicable when the property is re-categorized to “Stable” category
The monitoring fee frequency was established as part of the adopted ordinance. The proposed fees will be included in the City-wide user fee list, which is reviewed and adjusted annually as part of the budget process.
The Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements ordinance will be effective June 27, 2025. If adopted on June 10, 2025, the fees to implement the program will take effect on August 9, 2025.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed actions herein for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is exempt pursuant to CEQA Guidelines Section 15060(C)(2), which states that projects that do not result in a direct or reasonably foreseeable indirect physical change in the environment are not subject to CEQA review.
PUBLIC NOTICE
On May 22, 2025, a notice of the public hearing was advertised in the Downey Patriot as required by California State Law under Government Code Section 66016 and DMC Section 512.
VACANT PROPERTIES REGISTRATION FEE SCHEDULE ADOPTION
JUNE 10, 2025
PAGE 3
PUBLIC COMMENTS
As of the date of the publishing of this report, staff has not received any correspondence regarding this.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
Approval of the recommended action will result in an estimated revenue increase in the amount of $39,150 within the Code Enforcement Fees Revenue of the General Fund, Account No. 10-3-3125. The new fees collected are anticipated to result in full cost recovery of staff’s time to implement the program.
ATTACHMENTS
Attachment A – Resolution No. 25-8301
RESOLUTION NO. 25-8301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING FEES AND CHARGES FOR THE ADMINISTRATION AND
IMPLEMENTATION OF CHAPTER 7 OF ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE (“VACANT AND ABANDONED PROPERTY
MAINTENANCE, SECURITY, REGISTRATION, AND MONITORING
REQUIREMENTS”) REGULATING THE MAINTENANCE AND SECURITY OF
VACANT PROPERTIES WITHIN THE CITY OF DOWNEY
WHEREAS, on May 13, 2025, the City Council of the City of Downey introduced a Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements Ordinance (enacted as Chapter 7 of Article VIII (“Building Regulations”) of the Downey Municipal Code) establishing a process for registration and monitoring of identified vacant and abandoned properties within the City of Downey; and
WHEREAS, on May 27, 2025, a second reading of the ordinance was considered and adopted by the City Council, which will become effective June 26, 2025.
WHEREAS, in order to recover the costs of implementing the established program, including but not limited to intake, review of application, inspections, and monitoring, Fees based on full cost recovery must be established; and
WHEREAS, Staff have analyzed the costs associated with each activity and calculated the costs to provide these services at full cost recovery; and WHEREAS, the cost of rendering such services or regulatory activity should be borne by that limited group who are the beneficiaries rather than the citizenry at large; and WHEREAS, the City Council now wishes to adopt the Fees as set forth in Exhibit “A”, effective June 26, 2025; and
WHEREAS, the established fees will be included in the City-wide user fee list, which is reviewed and adjusted annually as part of the budget process; and WHEREAS, in accordance with Government Code section 66016, the City has made available to the public at least ten days prior to its public hearing, data supporting the proposed Fees, and notice of this hearing has been mailed to all interest persons that have requested such notice at least 14 days prior to the date of this hearing; and WHEREAS, in accordance with Government Code section 66016 and DMC 512, the City Council called a public hearing for June 10, 2025, for the purpose of receiving public comments to the proposed Fees. On June 10, 2025 at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed Fees; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above Recitals are true and correct and by this reference incorporated herein.
SECTION 2. The City Council hereby adopts the Fees described in Exhibit “A” attached hereto and incorporated herein by this reference. The Fees imposed by this Resolution shall take Attachment A
RESOLUTION NO. 25-8301
PAGE 2
effect on August 9, 2025. The Fees imposed by this Resolution shall supersede any prior fees or charges imposed by resolution or otherwise by the City Council, to the extent such prior fees or charges conflict herewith.
SECTION 3. The City Council called a public hearing on June 10, 2025 for the purpose of receiving public comments to the proposed fees. On June 10, 2025, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed fees.
SECTION 4. The City Council finds and determines that:
(a)The Fees established by this Resolution:
(1)are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing licenses and permits, performing investigations, inspections, and administrative enforcement of the City’s Municipal Code or other rules or ordinances;
(2)are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; and (3)the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fee is imposed; and
(b)The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).
SECTION 5. If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of June, 2025:
_________________________________
HECTOR SOSA, Mayor
ATTEST:
_________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment A
RESOLUTION NO. 25-8301
PAGE 3
APPROVED AS TO FORM:
_________________________________
John M. Funk
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 10h day of June, 2025, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment A
RESOLUTION NO. 25-8301
PAGE 4
EXHIBIT A
FEES APPLICABLE FOR ADMINISTRATION AND
IMPLEMENTATON OF THE VACANT AND
ABANDONED PROPERTY MAINTENANCE,
SECURITY, REGISTRATION, AND MONITORING
REQUIREMENTS
Fee or Services Unit Fee Frequency
of Fees Collected
Registration of Vacant or Abandoned Property Each $405 Annually1,2 Re-categorization Each $405 Upon Re-
categorization1,3
Monitoring Fee – “Stable Property” Category Each $540 Annually1 Monitoring Fee – “At-Risk Property” Category Each $405 Quarterly (every three months) 1
Monitoring Fee – “Hazardous Property”
Category Each $585 Per Month1
Re-inspection Fee Each $270 N/A
Appeal of Director’s Decision Each $405 N/A
Notes:
1.Established by Ordinance No. 25-1527
2.“Registration Fee” is due upon a property owner(s) registering the property or upon change in ownership
3.“Re-categorization Fee” is not applicable when the property is re-categorized to “Stable” category Attachment A