ORDINANCE NO._
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA, ADDING
CHAPTER 8.60, "VACANT BUILDING
LIMITATIONS AND STANDARDS" TO THE
MERCED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Chapter 8.60, "Vacant
Building Limitations and Standards," is hereby added to the Merced Municipal Code to read as follows:
"CHAPTER 8.60
VACANT BUILDING LIMITATIONS AND
STANDARDS
8.60.010 Purpose.
Vacant buildings are a major cause and source of blight in both residential and nonresidential neighborhoods,
especially when the owner of the building fails to
actively maintain and manage the building to ensure that it does not become a liability to the neighborhood.
Vacant buildings attract vagrants and transients and
invite criminal activity. Use of vacant buildings by
transients, who may employ primitive cooking or heating methods, creates a risk of fire for vacant buildings and adjacent properties. Vacant buildings, whether those
buildings are boarded, discourage economic development
and prevent appreciation of property values. It is the
responsibility of the owner to stop owned property from becoming a burden to the neighborhood and community,
and a threat to the public health, safety and welfare.
Because of the potential economic and public health,
safety and welfare problems caused by vacant buildings, the city needs to monitor vacant buildings so that they do X:\Ordinances 2024\City Attomey\Chapter 8.60 Vacant Buildings.docx 1 the city needs to monitor vacant buildings so that they do not become attractive nuisances, are not used by vagrants or trespassers, are properly secured and maintained, and do not become a blighting influence in the neighborhood.
The city has established the vacant building monitoring program to accomplish this purpose.
8.60.020 Definitions.
'Building' means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure approved for occupancy.
'Owner' for the purposes of this chapter, means a person listed on the last equalized tax roll, as maintained by the county, and/or person designated by the owner who is in charge or control of the vacant building.
'Vacant building' means any structure or building that:
Is unoccupied or occupied by unauthorized
persons; and
Is unsecured or boarded.
8.60.030 Enforcement and Remedies for Violation.
A building that is vacant, or vacant and boarded in
violation of this chapter is a public nuisance. In addition to the provisions in this chapter, the city is authorized to use the remedies set forth in state law, the California Building Code, the Uniform Code for the Abatement of
Dangerous Buildings, and the Merced Municipal Code.
The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others
available under state law or other city ordinances. The imposition of a vacant building monitoring program fee
shall not preclude the city manager or his/her designee from seeking all other remedial penalties available under the Merced Municipal Code.
X: Ordinances\2024\City Attorney|Chapter 8.60 Vacant Buildings.docx 2 The city's failure to provide notices within the time specified does not constitute waiver by the city of the provisions of this chapter.
8.60.040 Owner Responsibilities.
A. The owner of any vacant boarded building,
whether boarded by voluntary action of the owner or
because of enforcement activity by the city, shall cause the vacant boarded building to be rehabilitated for
occupancy within 120 days after the building is boarded.
B. No person shall allow a building designed for
human use or occupancy to stand vacant for more than
120 days, unless the owner establishes by substantial
evidence to the reasonable satisfaction of the city
manager or his/her designee that one of the following
applies:
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.
2. The building meets all applicable codes,
does not contribute to blight, is ready for
Tease orry, and is actively being offered for sale,
3. The building does not contribute to and is
not likely to contribute to blight because the owner
is actively maintaining and monitoring the
building. Active maintenance and monitoring shall
include, without limitation, all the following:
Maintenance of landscaping and plant
material in good condition; and
X:lOrdinances\2024\City Attorney|Chapter 8.60 Vacant Buildings:docx 3 b. Maintenance of the exterior of the
building, including but not limited to paint
and finishes, in good condition; and
C. Prompt and regular removal of all
exterior trash, debris and graffiti; and
d. Maintenance of the building in
continuing compliance with all applicable
codes and regulations; and
e. Prevention of criminal activity on the
premises, including but not limited to use
and sale of controlled substances,
prostitution, criminal street gang activity,
loitering or trespassing.
4. The building is vacant due to fire, flood,
earthquake, or other form of natural disaster and
the owner is actively pursuing assistance for
demolition, rehabilitation or restoration of the
building and/or premises from local, state or
federal assistance programs or from insurance
agencies:
C. The owner of any vacant boarded building,
whether boarded by voluntary action of the owner or
because of enforcement activity by the city, shall ensure that the building is boarded pursuant to the board-up
standards provided in Merced Municipal Code 8.06.060.
8.60.050 Quarterly Monitoring Fee.
A. Purpose. The quarterly monitoring and inspection
fee will be used to finance the cost of inspection and
enforcement related to this chapter. The revolving fund for board-up of buildings and property maintenance shall be used to secure buildings and abate conditions on the property.
X:1Ordinancesl20241City Attorney\Chapter 8.60. Vacant Buildings.docx 4 B. Fee Imposed. A quarterly monitoring fee in an
amount to be established from time to time by the city
manager shall be imposed upon every owner of a vacant
building in violation of this chapter; provided, that the fee shall not exceed the estimated reasonable cost of
monitoring vacant buildings in the city. The city manager may adjust the fee as necessary. The quarterly monitoring fee is due within 30 days of notice that the building is vacant and in violation of this chapter. The fee is due for every quarter upon which the building is vacant, even it the building is only vacant part of the quarter. The owner will be billed at the beginning of each quarter while the building is in violation of this chapter. The fee shall be payable as to any building, residential or nonresidential, which the city manager or his/her designee determines to be in violation of MMC 8.06.040.
C. Fee Waiver. The vacant building monitoring fee
may be waived by the city manager or his/her designee
upon a showing by the owner that:
1. The owner has a building permit and is
progressing diligently to repair the premises for
occupancy or has an application pending for a
building permit or other entitlement: or
2. The building meets all applicable codes and is
actively being offered for sale, lease, or rent; or
3. The building does not contribute to and is not
likely to contribute to blight because the owner is
actively maintaining and monitoring the building.
Active maintenance and monitoring shall include,
without limitation, all of the following:
a. Maintenance of landscaping and plant
material in good condition; and
X:1Ordinances|2024\City Attorney|Chapter 8.60 Vacant Buildings doc 5 b. Maintenance of the exterior of the
building in good condition, including but not
limited to paint and finishes; and
C. Prompt and regular removal of all
exterior trash, debris and graffiti; and
d. Maintenance of the building in
continuing compliance with all applicable
codes and regulations; and
e. Prevention of criminal activity on the
premises, including but not limited to use
and sale of controlled substances,
prostitution, criminal street gang activity,
loitering or trespassing.
The building is vacant due to fire, flood,
earthquake, or other form of natural disaster and
the owner is actively pursuing assistance for
demolition, rehabilitation or restoration of the
building and/or premises from local, state or
federal assistance programs or from insurance
agencies.
D. Notice and Procedures. The vacant building
monitoring fee shall be billed to the owner of the
property. Notice shall be served either personally, by first class mail, or by certified mail, addressed to the owner as the address appears on the last equalized assessment roll or as known to the enforcement officer. An owner is sent a bill with the notice stating a violation of this chapter exists, and that notice shall constitute enrollment in the vacant building monitoring program. Any owner may
apply for a waiver on the grounds set forth in subsection (C) of this section by submitting a written statement
setting forth the grounds for the waiver, and the owner's daytime telephone number, to the city manager or his/her designee within 10 days after the billing is mailed to the owner. The owner shall provide substantial evidence in
support of the owner's statement on the grounds for the X:\Ordinances\2024 City Attorney|Chapter 8.60 Vacant Buildings.docx. 6 waiver. The city manager or his/her designee shall review the written statement and all related evidence and may
contact the owner to discuss the application for waiver.
The city manager or his/her designee shall prepare a
written decision which shall be mailed to the owner and shall set forth the reasons for the decision.
E. The owner of a vacant building shall not allow or
cause any use of the property or any buildings thereon
unless the property owner has first corrected the
violations which caused placement into the program and
has paid the required quarterly monitoring fee, as well as any other penalties or fines owed to the city.
F. Within 10 days of enrollment in the vacant
building monitoring program, the owner must place a
sign in a visible area in the front of the vacant building that indicates that the building has been enrolled in the city of Merced's vacant building monitoring program.
The sign will be provided to the owner by the city upon enrollment.
G. Upon transfer or sale of a vacant building, the
seller shall provide written notification to the city
manager or his/her designee that the property has been
transferred or sold.
Within 15 days of the bill for the vacant building
monitoring program fee, or within 15 days after the
decision of the city manager or his/her designee, the city manager or his/her designee shall file in the office of the county recorder a notice that the building is subject to the vacant building monitoring program fee.
Any fees established pursuant to this chapter
which are more than 30 days delinquent, or not paid
within 30 days after the decision of the city manager or his/her designee has been mailed to the owner, shall
constitute an assessment against the property. The city may use all legally available procedures to collect any unpaid fee including, but not limited to, collecting the X:\Ordinances\2024\City Attorney|Chapter 8.60 Vacant Buildings.docx:
7 unpaid fee on the tax roll or recording a lien on the property, consistent with applicable law.
8.60.060 Standards for Boarding a Vacant
Building.
A. The boarding of the doors, windows or other
openings of any building or any means of securing such
openings, other than by the conventional method used in the original construction and design of the building, shall comply with the following minimum standards:
1. Windows and similar openings shall be
boarded with exterior grade plywood of a
minimum thickness of 3/4 inch or its equivalent.
One inch holes may be required for venting, as
deemed necessary by the Building Official. The
boarding material shall be placed on the interior of
the building and secured in place by 3/8 inch lag
bolts with one inch washers placed at least 16
inches on center around the perimeter of the
window opening. The lag bolts shall penetrate the
wall framing members at least one and one-half
inches and the bolt holes shall be predrilled to
minimize splitting on the wall framing member.
2. Exterior doors shall be boarded with exterior
grade plywood of a minimum thickness of 3/4 inch
or its equivalent. The boarding material shall be
placed on the interior of the building and secured
in place by 3/8 inch lag bolts with one inch
washers placed at least 16 inches on center around
the perimeter of the door opening. The lag bolts
shall penetrate the wall framing at least one and
one-half inches and the bolt holes shall be
predrilled to minimize splitting on the wall
framing member. One exterior door shall remain
operable and secure to allow access into the
building for maintenance and inspection. This door
shall be secured by the installation of a metal
security door.
X:lOrdinances\2024\City Attorney|Chapter 8.60 Vacant Buildings.docx 8 3. All boarding materials that are visible from the
exterior shall be painted with a minimum of one
coat of exterior paint which is of a color
compatible with the exterior color of the building
or structure.
B. Alternative Methods of Securing a Building. Upon
application for a boarding permit, the Building Official may approve alternative methods of securing a vacant
uilding. In making the determination to approve an
lternative method, the Building Official shall consider the aesthetic and other impacts of such method on the
immediate neighborhood and the extent to which such
method provides adequate security against the
unauthorized entry to the property.
C. During all times that persons are inside a
boarded structure, all exits and entries shall be
made accessible; provided, that the structure must
be again secured when such persons are no longer
inside."
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
X:\Ordinancesl2024\City Attorney\Chapter 8.60 Vacant Buildings.docx
9. The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the day of _ 2024, and was passed and adopted at a regular meeting of said City Council held on the _ day , 2024, by the following called vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:_
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Guang Gormell 10/30/2024
city Attorne
X: \Ordinances 2024\City Attorney/Chapter 8.60 Vacant Buildings.docx 10