City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00148 3/7/2023 Discussion Item 6.
Ordinance Relating to Vacant Lot Enforcement
File ID: 2023-00148
Location: Citywide
Recommendation: Request direction on amendments to an Ordinance amending section 8.136 of the Sacramento City Code relating to enforcement measures and the monitoring of vacant lots.
Contact: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Presenter: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Attachments:
1-Description/Analysis
2-Existing City Code Chapter 8.136
Description/Analysis
Issue Detail:
Vacant Lot Program
On May 22, 2018, the City Council adopted Chapter 8.136 of the Sacramento City Code relating to registration of vacant lots. The vacant lot program was established to prevent blight and ensure proper maintenance of vacant lots. Key provisions of the program include but are not limited to requiring annual registration of vacant lots; requiring local contact representatives; defining nuisance vacant lots; requiring posted signage for nuisance lots; and establishing vacant lot program and nuisance lot monitoring fees.
In December 2018, the City Council approved the annual Vacant Lot Program and the Nuisance Vacant Lot fees. These fees offset costs to administer the program and register properties. City council also added 2.0 Full Time Equivalent (FTE) employees to administer the program. No additional code enforcement field staff were added at that time to enforce nuisance lots. The intent was to implement the program registration and evaluate the need for enforcement staff.
File ID: 2023-00148 3/7/2023 Discussion Item 6.
January through June of 2019, staff worked on the development and implementation of the registration program. This included creating a system to allow property owners to register and pay program fees online. During this time, staff also conducted an extensive outreach program to educate property owners and key stakeholders of the new program and its requirements.
In July of 2019, staff mailed registration notices to over 6,000 property owners. Real estate development and exclusions of lots which did not meet the criteria as defined by the code have reduced the number of properties subject to the code. Approximately 3,600 vacant lots are currently registered each year.
On January 4, 2022, staff provided an update on the Vacant Lot Program to the Law and Legislation Committee and requested direction on recommended amendments to the ordinance. Staff was directed to return to the Committee with ordinance amendments for consideration including adding provisions for exemptions.
On May 17, 2022, staff provided an update on the Vacant Lot Program to the Law and Legislation Committee after meeting with constituents to identify specifics needed to address the requested exemptions. The committee provided direction to staff to submit the modified ordinance directly to council for approval.
On December 13, 2022 City Council passed the amendments to add exemptions to Chapter 8.136 and requested staff to return to the Law and Legislative Committee to enhance the enforcement process to require the property owners to monitor, maintain, and improve their properties.
Proposed Ordinance Amendments
To improve program administration and clarify vacant lots subject to the code and strengthen nuisance lot enforcement, staff proposes amending the vacant lot ordinance to require additional maintenance, securements, postings, fees, and owner response and appeal requirements. Currently, when a lot is declared a nuisance, the code requires a monthly monitoring fee to be charged until there have been no violations for the previous 24 months. This provides a right to appeal this fee each month. Appeal hearings require an additional 5 to 8 hours of labor for preparation, processing, and presentation. It should be noted that the number of vacant lots paying the registration fee will decrease as property owners request exemptions under the amended ordinance. This will decrease cost recovery. However, staff workload will increase as each request requires investigation and analysis to approve the fee waiver. Additionally, staff will continue to process and manage registration of the lot.
Policy Considerations: After several years of implementation, staff recommends amending the code to add a section defining lots that qualify for monthly monitoring fees The proposed changes will clarify vacant lot criteria and improve compliance with the city code.
File ID: 2023-00148 3/7/2023 Discussion Item 6.
Economic Impacts: Not applicable.
Environmental Considerations: The ordinance would amend an existing program for registration of vacant lots. Adoption of the ordinance is an administrative activity of the City that would not result in any direct or indirect effect on the environment, and is not a “project” as defined in CEQA. No CEQA review is required. CEQA Guidelines section 15378(b)(5); 15060(c)(3).
Sustainability: There are no sustainability considerations applicable to amending Sacramento City Code 8.136 related to registration and enforcement of vacant lots.
Commission/Committee Action: Provide direction on amendments needed for enforcement and monitoring of vacant lots.
Rationale for Recommendation: To better monitor and hold property owners responsible for the maintenance of vacant lots that reduce surrounding property values, contribute to the blight, dangerous, and unsanitary conditions in and around the vacant lots.
Financial Considerations: When the ordinance was adopted, it did not provide staffing or enforcement measures to proactively monitor vacant lots. This has resulted in designating few vacant lots as a nuisance as vacant lots are only inspected when there is a complaint initiated and Code Enforcement responds. The Vacant Lot Program fees offset costs for administrative positions required to properly register properties. For FY 2023, the vacant lot program operating budget is $144,989. This budget does not include Code Compliance staffing required for program enforcement or monitoring. Adoption of the fee waiver may result in additional decreased revenue.
The current fees and processes will not support cost recovery for enforcement and monitoring duties.
Therefore, staff recommends updating the program fees to fully recover costs, including any enhanced enforcement directed by Council.
Local Business Enterprise (LBE): Not applicable.
Chapter 8.136 REGISTRATION OF
V ACANT LOTS
(All Content Displayed)
8.136.010 Purpose and intent.
8.136.020 Definitions.
8.136.030 Registration and fee required.
8.136.040 Vacant lot fees.
8.136.050 Local contact representative.
8.136.060 Nuisance vacant lots.
8.136.070 Violations.
8.136.080 Waiver of vacant lot program fee.
8.136.010 Purpose and intent.
A. The city council finds and determines that there are vacant lots within the city that are undeveloped, poorly maintained, and open to the public by reason of the owner’s failure to adequately secure and maintain the lots. These lots are overgrown with weeds; frequently damaged or destroyed by fire; and used by trespassers as places of habitation resulting in the accumulation of junk, debris, and human waste.
Any and all of these conditions constitute a public nuisance that adversely affects the public health, safety and general welfare, contribute to the decay of commercial and residential areas, discourage the most appropriate use and development of the lots, and hinders civic improvements.
B. The public interest requires that all vacant lots comply with the minimum standards necessary to protect the health and safety of the public. The provisions of this chapter establish a vacant lot registration program aimed at securing citywide compliance of vacant lots with minimum standards. (Ord. 2018-0021 § 1)
8.136.020 Definitions.
The following definitions apply in this chapter:
“Administrative order” means an order imposing an administrative penalty pursuant to section 1.28.010 or an order to abate issued pursuant to title 8. “Dwelling” has the same meaning as in section 17.108.050. “Nuisance vacant lot” means a vacant lot against which two or more administrative orders have been imposed in the prior 36 months.
“Owner” means an owner of record of real property or homeowners’ association. A homeowners’ association that exercises management or control over a common area is an owner of the area over which such control is exercised. Exercising control includes, but is not limited to, maintaining the property, holding an easement on the property, or assessing fees on property owners pursuant to agreements, deeds, or recorded documents.
“Primary parcel” means any parcel of real property with a completed, occupied, and permitted dwelling.
“Vacant lot” means any parcel of real property that is not improved with a completed permitted structure. (Ord. 2022-0030 § 1; Ord. 2018-0021 § 1)
8.136.030 Registration and fee required.
A. Every owner of a vacant lot in the City of Sacramento shall register that vacant lot with the city.
B. To register a vacant lot with the city, the owner shall submit the following:
1. A completed registration form that contains the following information:
a. The street address and assessor’s parcel number; b. Name and current contact information for the owner of the vacant lot, and any lessees or occupants;
c. Name and current contact information for the local contact representative as described in section 8.136.050; and
d. Any other information as reasonably required by the city manager or designee.
2. The vacant lot program fee, as established in section 8.136.040.
3. Any outstanding fees or penalties that were previously imposed pursuant to this chapter.
C. No owner shall:
1. Knowingly make a false statement of fact or knowingly omit any information that is required to register a vacant lot pursuant to this section;
2. Fail to notify the city in writing of any change in the information submitted pursuant to subsection B of this section, within 30 days of such change.
D. Registration is valid for one year. (Ord. 2018-0021 § 1)
8.136.040 Vacant lot fees.
A. The following vacant lot fees are established and imposed:
1. Vacant lot program fee.
2. Nuisance vacant lot monitoring fee.
B. The city council shall establish by resolution the amounts of the fees specified in subsection A. (Ord. 2018-0021 § 1)
8.136.050 Local contact representative.
A. All owners of vacant lots shall designate a local contact representative with full authority to act on behalf of the owner for all purposes under this chapter, including the acceptance of service of all notices from the city. The owner of the vacant lot may act as the local contact representative.
B. A local contact representative must establish and maintain a local telephone number and a residence or business address within 35 miles of Sacramento city hall. (Ord. 2018-0021 § 1)
8.136.060 Nuisance vacant lots.
A. When a property becomes a nuisance vacant lot, as defined in section 8.136.020, the owner of the property shall be charged a nuisance vacant lot monitoring fee. The monitoring fee shall be in addition to any other fee or penalty imposed by this code. The monitoring fee may be appealed and collected in the same manner as an administrative penalty, as specified in section 1.28.010.D.
B. A nuisance vacant lot monitoring fee shall be charged monthly until:
1. A community garden, as defined in section 17.108.040, is installed on the property;
2. A permitted structure is completed on the property; or
3. No administrative order, as defined in section 8.136.020, has been imposed against the property in the prior 24 months.
C. The owner of a nuisance vacant lot shall post a sign of a minimum size of four feet by four feet on the property with the local contact representative’s phone number. This sign shall have lettering of not less than six inches high. The sign must be clearly visible from the public right-of-way. (Ord. 2018-0021 § 1)
8.136.070 Violations.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2018-0021 § 1)
8.136.080 Waiver of vacant lot program fee.
A. The city manager or designee may, upon application by an owner of a vacant lot, waive the annual vacant lot program fee required in section 8.136.030 if the vacant lot is not in violation of this code and one of following applies:
1. A structure is being constructed on the vacant lot under an active building permit;
2. The vacant lot has a private community garden as defined in section 17.108.040;
3. The vacant lot is subject to a conservation easement, as defined in section 815.1 of the California Civil Code;
4. The vacant lot has a parking lot as defined in section 17.108.170;
5. The vacant lot is being used for general use agriculture, as defined in section 17.108.020;
6. The vacant lot is located on a parcel that was created within the past 24 months pursuant to division VIII of title 17;
7. The vacant lot is used as an extension of a primary parcel and meets all the following criteria:
a. The vacant lot abuts the primary parcel;
b. The vacant lot and the primary parcel have identical ownership; c. The primary parcel is not in violation of this code; or
8. There is an active Urban Agriculture Incentive Zone contract, pursuant to chapter 17.722, covering the vacant lot.
B. A vacant lot program fee waiver is valid for one year. (Ord. 2022-0030 § 2)