Administrative
Report
P.1., File # 24-1326 Meeting Date: 8/20/2024
To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY JOY FORD, QUALITY OF LIFE
PROSECUTOR
TITLE
DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING CHRONICALLY VACANT
COMMERCIAL AND RESIDENTIAL PROPERTIES THAT ADD TO BLIGHT AND NUISANCE IN THE
COMMUNITY
EXECUTIVE SUMMARY
On March 19, 2024, Councilmember Kaluderovic made a referral to staff, seconded by Councilmember Obagi, to return with a discussion item addressing chronically vacant commercial and residential properties that add to blight and nuisance in the community. The motion carried by a 4-0 vote. City Council may direct staff to return with an ordinance, take no action, or consider other alternatives.
BACKGROUND
Currently, the Redondo Beach Municipal Code declares abandoned buildings as public nuisances.
Section 4-10.02 (c)(5) prohibits “Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction or uncompleted after buildings permits have been expired.” A violation of this code can be prosecuted as either an infraction or a misdemeanor, or it can be abated as a nuisance administratively.
Enforcement of abandoned buildings is complaint based. Code enforcement responds to complaints by residents regarding property that looks to be degrading in appearance. Their primary goal is to obtain voluntary compliance. However, if the property is not boarded up, not partially destroyed, not left in a state of partial construction or uncompleted, and the property owner responds to code enforcement, the building is not considered abandoned; the building is vacant and there is no violation. Code enforcement can address other code violations such as overgrown weeds, accumulation of garbage or rubbage, or inadequate sanitation.
Since 2021, Code Enforcement received 51 complaints regarding properties that were alleged to be abandoned or vacant buildings, five (5) of which are repeat properties. The majority of those complaints involved aesthetically offensive violations such as trash or overgrown weeds. Seventy percent (70%) of those properties were brought to voluntary compliance pursuant to our Municipal Code or brought to prosecution for court ordered compliance. Code enforcement is working with the remaining property owners to bring their properties to compliance voluntarily. Most reporting parties are neighboring property owners. In 2024, Code Enforcement has received complaints about fifteen
P.1., File # 24-1326 Meeting Date: 8/20/2024
are neighboring property owners. In 2024, Code Enforcement has received complaints about fifteen (15) properties to date. One-third of those complaints were reported by the same individual.
Other cities including Manhattan Beach and Torrance implemented Registration Programs for vacant properties. The Manhattan Beach and Torrance ordinances are attached for the City Council’s consideration. Such a program would necessitate staff time for the application process, maintenance of the registration list, and collection of fees, as well as enforcement for violating properties.
If the City Council goes forward with a program, City Council should be clear as to what elements they wish to be included in a draft ordinance. If the City Council directs staff to return with an ordinance, staff recommends that, at a minimum, the ordinance should include definitions, registration requirements, an annual or monthly registration fee, enforcement, and penalties. The City Council could also consider requiring the owner to file a Statement of Intent on rehabilitating the property. Maintenance and security requirements may also be included, although such requirements may be duplicative of other sections in the Municipal Code.
Property owners may object to being told what to do with their property. Many vacant properties remain vacant because the property owners do not have the means to upgrade it to a livable standard or to be able to put the property on the market to sell. Adding an annual registration fee or requiring the owner to rehabilitate the property at the risk of criminal charges or a lien on the property would further burden the property owner.
An alternative to a registration program would be a property improvement program similar to the Storefront Improvement Program the City has had. Instead of penalizing property owners for having a vacant property, it is possible an incentive to make improvements to the property would be more effective. However, this would require funding and a modification to the budget.
COORDINATION
The City Attorney's Office prepared this report at the request of City Council.
FISCAL IMPACT
If the City Council passes a new ordinance regarding vacant properties, that will increase the workload on enforcement and administrative duties to ensure compliance with the terms of the ordinance. If an annual registration fee is one of those terms, the program could potentially bring revenue to the City.
ATTACHMENTS
1) Torrance Municipal Code
2) Manhattan Beach Municipal Code