CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Adoption of Ordinance No. MC-1672 Requiring Vacant or Abandoned Properties to Register with the City and to
Impose Certain Property Maintenance Obligations
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
Vacant properties can create significant public health, safety, and blight concerns, particularly when unlawfully occupied. The proposed Ordinance establishes maintenance, registration, and inspection requirements for properties that remain vacant for more than 90 consecutive days. These requirements will help the City identify and monitor vacant properties, address unsafe conditions, and hold property owners accountable for maintaining their properties. The Ordinance will help reduce blight and protect the health, safety, and quality of City neighborhoods.
Background
Vacant properties can readily become attractive nuisances, creating significant risk to public health, safety, and the City’s overall welfare. Over the years, the City has encountered several instances in which unhoused individuals have unlawfully entered and occupied a vacant property. While occupying the property, the unhoused individuals started fires, which led to partial or complete fire damage to the structures. These circumstances demonstrate that vacant properties may pose significant risks to public health and safety and contribute to the spread of blight within the community.
Discussion
To reduce blight and promote active property use, the recommended Ordinance would implement vacant property maintenance, registration, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. The requirements will apply only to property that meets the definition of “Vacant Property.” “Vacant Property” is “[r]eal property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose.” The definition will not extend to property that is temporarily unoccupied.
The Ordinance includes several additional requirements intended to strengthen compliance, accountability, and public safety. For each quarterly inspection, the property owner would be required to inspect the property, certify compliance with the Ordinance, and submit a written report to the City. The property owner would also be required to coordinate the quarterly inspection with the City so that a Code Enforcement representative is present and signs the written inspection report prior to its submission to the City. The property owner would be responsible for paying the reasonable costs associated with the presence of the Code Enforcement representative at each quarterly inspection. In addition, any security alarm system serving a vacant property would be required to comply with Chapter 8.81 of the San Bernardino Municipal Code, including obtaining an alarm permit from the City’s Police Department. The property owner would also be required to complete and submit a trespass authorization letter to the City each year the property remains vacant and registered. The proposed Ordinance further provides that a property owner would not be subject to the Ordinance where the owner has not received a favorable land use decision allowing the property to be put to a reasonable use, provided that the owner continues to actively and continuously market the vacant property in good faith for sale, lease, or rent through commercially reasonable efforts. Finally, the proposed Ordinance revises numerous provisions by replacing discretionary terms such as “may” with mandatory terms such as “shall,” where appropriate, to provide greater clarity regarding the obligations of property owners and the City’s administration and enforcement of the Ordinance.
The property owner will remain solely responsible for maintaining and registering the vacant property in accordance with the ordinance. Maintenance requirements include, but are not limited to, maintaining landscapes, preventing criminal activity, or trespassing by unauthorized person, and turning off utilities that are not needed for the maintenance of the property. The property owner will also have to physically inspect the property and submit to the City a written report on a quarterly basis detailing their inspections and compliance with the vacant property requirements.
The ordinance also establishes mandatory registration requirements for all vacant properties that have remained vacant for more than ninety (90) consecutive calendar days. The registration requires, among other requirements, the name and contract information of the property owner, authorized agent, and or the individual responsible for the maintenance and security of the property. Where the City has cause to believe that a property is a “vacant property” that has remained vacant for more than ninety (90) consecutive calendar days, the ordinance allows the City to serve the property owner a written notice requesting that the property owner register their vacant property.
Requiring the registration enables the City to identify and monitor the vacant properties, enforce applicable maintenance requirements, and more promptly address conditions that may threaten public health and safety.
Where a property owner fails to register a vacant property, the City may pursue enforcement remedies and penalties authorized under the Municipal Code. Such enforcement remedies and penalties include imprisonment in county jail not to exceed six (6) months, a fine not to exceed $1,000, or both.
A vacant property registration is valid for twelve (12) months from the date of registration. If the property remains vacant property at the end of the twelve (12) month term, the registration must be renewed. A property shall remain on the City’s registry until it no longer satisfies the ordinance’s definition of vacant property.
By implementing such requirements, the City would protect the health, safety, and appearance of its neighborhoods, reduce blight, and promote the use of vacant properties.
Strategic Goals and Priorities
Approval of the vacant or abandoned properties ordinance aligns with Goal No. 3:
Improved Quality of Life. (“c. Evaluate and enhance the quality of public safety services; d. Improve the City’s appearance, cleanliness and attractiveness”) The Mayor and City Council’s approval of the Ordinance would improve the appearance and overall attractiveness of the City by promoting the proper maintenance of vacant properties and preventing conditions that contribute to neighborhood blight.
Fiscal Impact
The property owner of the vacant property is responsible for paying any fees established by resolution of the Mayor and City Council for the administration and enforcement of Chapter 8.32.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties.
Attachments
Attachment 1 - Ordinance No. MC-1672
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A