City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter
13.02, Property Maintenance, and Chapter 13.04, Vacant Properties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved.
3. Adopt Resolution Amending the Administrative Citation Schedule of Fines for Fiscal Year 2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant Properties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee Schedule and Removing All Violations of Chapter
8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule.
4. Consider providing direction to staff to return at a future City Council meeting with an item creating a vacant property registration program that includes fees which serve to recover costs associated with the inspection and ongoing monitoring of vacant properties in the City of Santa Monica.
Executive Summary
The expected lifespan for residential and commercial buildings is between 60 and 80 years. Many factors go into determining the lifespan of a building. This may include the 2 of 16
upkeep of the building, the use for which the structure is put through, or the methods and materials in the construction process. Per LA County Assessor records, the average age of buildings in Santa Monica is 63 years old. As buildings age, ongoing maintenance and upkeep is needed to ensure the safety, habitability, and quality of life for all that occupy or use them.
In the past several years, the City has experienced an increase in concerns regarding the number of properties that are vacant. This has led to the diminishment in the perceived safety and aesthetics of the City. The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for vacant properties. These requirements would be located in a new Article 13, which would also include the public nuisance standards, currently found in Chapter
8.96. These new tools will enable Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the community.
Background
Property Maintenance:
Effective property maintenance codes are necessary to preserve a property, keep it safe, and maintain its good condition for the owner, occupants, neighbors, and broader community. Well-maintained properties help to protect the overall health, safety, welfare, and general aesthetic appeal of a community. Property maintenance codes also preserve the supply of safe, affordable housing that is available to a community.
Currently, Code Enforcement staff responds to, and addresses calls for property maintenance concerns. These are frequently submitted through the City’s 311 system as well as by contacting the division directly via phone or email. Often, due to the lack of a comprehensive property maintenance ordinance, these concerns are referred to the Los Angeles County Department of Environment Health (County Health) for follow up.
However, per their website, County Health primarily responds to issues which affect the habitability of dwelling units. Non-habitability related issues and commercial and industrial properties are left with only minimal existing standards governing them. The 3 of 16
City does not have effective, comprehensive tools to address many of these issues in the community.
Property maintenance concerns are the core of code enforcement, whose primary goal is to ensure the safety of buildings and the quality of life for all residents, workers, and visitors in Santa Monica. Staff believes that stronger, more in-depth property maintenance provisions are needed to better serve the community. Efficient and effective code enforcement is the best tool for ensuring that residents are able to live in a safe and secure environment. The current practice of referring property maintenance concerns to the County Health is not an efficient method of serving the community.
Code enforcement policy should neither burden the tenant with repair costs nor encourage building condemnation as a solution. Instead, code enforcement should encourage a landlord or property owner to improve conditions of their buildings.
Vacant Properties:
On November 1, 2016, a City Council Study Session on vacant properties was held.
Council reviewed and discussed staff’s findings and directed staff to return with a proposed Property Maintenance Ordinance, amending SMMC 8.96, Abatement of Nuisances, to include additional requirements, including new regulations on buildings or structures that are in a state of incomplete construction for an unreasonable period of time. At the time of the Study Session, there were 29 vacant properties in the city known to staff, and staff received 23 complaints related to nuisance conditions on 12 vacant properties over the previous twelve-month period.
Currently, staff have informally observed approximately 130 known or suspected vacant or substantially vacant properties in the City. For purposes of surveying the city, properties were considered substantially vacant if it is believed that fewer than half of the units in the building were occupied. The volume of complaints concerning vacant properties has also consistently increased, with 11 received in 2021, 31 received in 2022, and 37 received in the first half of 2023.
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Vacant properties can have an extremely detrimental impact on a neighborhood and the broader community. They pose significant costs to public health, property values, local taxpayers, and more. Failure to address problem properties costs more in the long run and causes more harm over time. Vacant and abandoned properties have negative spillover effects that impact neighboring properties and, when concentrated, entire communities and even cities. Research links foreclosed, vacant, and abandoned properties with reduced property values, increased crime, increased risk to public health and welfare, and increased costs for municipal governments. Impacts can include:
• Emotional wellbeing1: Visual evidence of vacancy and neighborhood disinvestment—such as boarded up properties, trash and dumping, and overgrown weeds—has been shown to harm the mental health of neighbors, putting them at greater risk of sadness, depression, stress, and elevated rates of intentional injury.
• Violence and crime2: Studies have shown that violent crime, including assaults and gun-related crimes, increase in disinvested neighborhoods with vacant and abandoned properties.
• Property equity3: Research has consistently shown that vacant, abandoned, and deteriorated properties reduce the value of surrounding properties, leading to decreases in owners’ equity and personal wealth.
• Municipal revenue4: Property taxes are often one of the largest sources of revenue for local governments. Research has shown vacant and abandoned properties lead to a decrease in taxable values of surrounding properties and increase the likelihood of mortgage and tax foreclosures nearby creating a harmful domino effect that creates revenue challenges for local governments. 1 Burt, Cassidy J., Michelle C. Kondo, Bernadette C. Hohl, Catherine H. Gong, Gregory Bushman, Caroline Wixom, Eugenia C. South, et al. “Community Greening, Fear of Crime, and Mental Health Outcomes.” American Journal of Community Psychology 69, no. 1-2 (2021): 46–58. https://doi.org/10.1002/ajcp.12544.
2 https://repository.upenn.edu/server/api/core/bitstreams/f2882488-9d59-4553-8202- 0e43557da55e/content
3 Whitaker, Stephan D., and Thomas J. Fitzpatrick IV. 2011. “The Impact of Vacant, Tax-Delinquent, and Foreclosed Property on Sales Prices of Neighboring Homes.” Federal Reserve Bank of Cleveland, Working Paper No. 11-23. https://doi.org/10.26509/frbc-wp-201123 4 https://communityprogress.org/wp-content/uploads/2021/08/2017-03-The-Cost-of-Vacant-and-BlightedProperties-in-Pittsburgh-2-TA-Report.pdf 5 of 16
• Maintenance and abatement costs5: Local governments incur the costs of remedying nuisances and unsafe conditions, including boarding and securing structures, cutting grass, removing trash and debris, and demolishing unsafe structures.
• Public safety costs6: Higher violent and property crime rates and the associated costs to dispatch police and fire services to respond to these crimes are commonly associated with vacant and abandoned properties.
Below are two maps with the locations of known or suspected vacant properties overlaying the density of calls for service to the Santa Monica Police and Fire Departments. There appears to be a strong correlation between locations of vacant properties and the number of calls for police services placed between January and November 2022. There does not appear to be as strong of a correlation between vacant properties and calls for service to the Fire Department during this same time frame. 5 https://communityprogress.org/wp-content/uploads/2021/08/2016-06-A-Conservative-Analysis-of-CostsImposed-by-Vacant-and-Blighted-Properties-in-Toledo-TASP-Report.pdf 6 https://files.hudexchange.info/resources/documents/VacantPropertiesTrueCosttoCommunities.pdf 6 of 16
Police Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)
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Fire Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)
While the County does address habitability-related property maintenance concerns, they do not engage in the City’s Tenant Relocation Program. This requires staff to perform inspections of properties, make habitability determinations, and begin the relocation process when appropriate. These tasks are very time consuming and resource intensive. Currently, the Code Enforcement division is understaffed, with three field staff positions currently vacant. Once fully staffed, the Division will still have fewer positions than before the pandemic. The Division is also tasked with enforcement programs that did not exist pre-pandemic, further straining the ability of the Division to efficiently respond to community concerns.
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Despite the likelihood that the Division’s workload will increase due to the proposed changes to the Code, staff believes that these changes are vital. Ensuring properties are clean and well-maintained are in line with the Clean and Safe Santa Monica council priority. Additionally, the proposed changes will enable the City to better protect and preserve the City’s housing stock and increase the overall quality of life leading to greater sustainability for all Santa Monicans.
Past Council Actions
In May 2016, the City Council directed staff to begin researching methods to regulate vacant properties in the City. On November 1, 2016, a City Council Vacant Property Study Session was held. Staff returned to the March 7, 2017 City Council meeting with an amendment that added basic security requirements for vacant properties to Chapter
8.96. Additionally, language was adopted which created some broad maintenance standards for all properties in the City as well as made it a public nuisance for buildings to be left in a state of incomplete construction or remain damaged for a period of six months or more. These standards went into effect in May 2017.
Meeting Date Description
May 10, 2016
(attachment A)
13.B Request of Mayor Vazquez and Councilmember
Himmelrich that staff return with proposals for regulation of vacant buildings in Santa Monica, including proposals for registering vacant building, regulating the maintenance of vacant building, and requiring that the owner of building with a valid permit for rehabilitation, repair, or construction of a building complete the rehabilitation, repair, or construction within eighteen months or a specified time certain from the date the permit was issued. Attached is the San Francisco Building Code amendment as an example of desirable amendments and
additions
November 1, 2016
(attachment B)
Vacant Property Study Session
March 7, 2017
(attachment C)
Property Maintenance Ordinance Amendments
March 28, 2017
(attachment D)
Second Reading and Adoption of Ordinance Amending Chapter
8.96 of the Santa Monica Municipal Code to Enhance Public Nuisance Regulations
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Discussion
The Santa Monica Municipal Code has several basic property maintenance provisions, but they are found throughout the Code, and not centralized in one specific code section. This makes it difficult for any person to look up and find the standards for maintenance of a property. Chapter 8.96 (Abatement of Nuisances) primarily focuses on behaviors and conditions which constitute a public nuisance. The regulations tend to be very broad and cover conditions which are imminent threats to the health, safety, or well-being of a community. The applicable standards set in Chapter 8.96 focus on conditions where a property has already substantially deteriorated and do not help address the prevention of deterioration. Article 9, the Zoning Code, also has several requirements regarding the ongoing maintenance and upkeep of exterior areas of properties, such as landscaping, which affect the aesthetic appeal of a property.
Chapter 13.02 (Property Maintenance) and Chapter 13.04 (Vacant Properties) set clear standards which help prevent the deterioration of properties, and protecting the health, safety, and welfare of the entire community.
Property Maintenance: Many of the existing property maintenance provisions are found in Chapter 8.96, Abatement of Nuisances, but they are interspersed with other nonproperty maintenance related nuisances.
The proposed amendment removes these provisions from Chapter 8.96 and consolidates them into new Chapter 13.02 that is solely focused on property maintenance issues. Additionally, the new Chapter expands upon and adds new maintenance standards that are more specific and identifiable than what is currently found in the municipal code. References to other applicable municipal code sections are included in the proposed ordinance. While existing code provision primarily focus on issues visible from the exterior of a building, the proposed changes also provide more in-depth protection for the interior of structures, thus better protecting the habitability and safety of residents. A brief overview of the proposed Property Maintenance provisions is below:
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Violations Designated (13.02.060)
This section identifies specific conditions that would be violations of the property maintenance provisions. These include:
• Attractive nuisances
• Deteriorating and defective structures
• Rodent, insect, pest infestation
• Fire hazard
• Hazardous and unsanitary conditions, including mold and mold-like substances • Improper parking or storage of goods, equipment, and vehicles • Inadequate or deficient mechanical equipment, plumbing, electrical, • Inadequate sanitation and ventilation
• Non-maintenance of landscape and hardscape
• Overgrown, dying or dead vegetation
• Polluted water
• Refuse and waste
• Structural hazards
• Substandard housing conditions
• Clarification of when the city may deem a dwelling unit uninhabitable Violations and Penalties (13.02.080)
This section clarifies that violations of Chapter 13.02 are subject to administrative citations, in addition to any other remedy allowed by law.
Environmental Testing, Remediation, and Reporting (13.02.090) This section allows the Building Officer or Code Enforcement Manager to require environmental testing to be performed by a licensed professional before and/or after repairs have been made for issues such as mold and excessive moisture. This testing is to be performed at the sole expense of the responsible party. This is similar to language found in SMMC Section 8.08.030.k, which permits the Building Officer to require testing of materials or methods of construction to determine compliance with the intent of the 11 of 16
Code. Authority to require environmental testing will enable the City to better ensure that the required repairs were performed correctly and thoroughly.
Vacant properties: The proposed vacant property standards hold vacant properties to the same basic maintenance standards as any other property in the city but adds additional security requirements that will help ensure the safety and welfare of the community. The proposed Vacant Properties chapter places more onerous regulations on owners of vacant properties with the goal of encouraging owners to keep them occupied or proceed with construction in a timely manner, thus keeping them from becoming vacant in the first place. A summary of the proposed language is below:
Applicability (13.04.020)
This section clarifies that Chapter 13.04 applies to all vacant properties in the City, irrespective of the zoning designation. Properties that are offered for sale or rent are not subject to the vacant property requirements provided they are maintained in strict compliance with Chapter 13.02, Property Maintenance.
Definitions (13.04.030)
This section provides definitions for specialized terms that are used throughout the rest of the chapter.
• Vacant Properties are now defined as any property that is unoccupied for more than 90 days or where construction has substantially ceased for 90 days or more.
Properties where fewer than 35% of the units are occupied are considered to be substantially vacant and are subject to the provisions of the proposed ordinance.
General Vacant Property Standards (13.04.040)
This section establishes the requirements that are applicable to all vacant properties in the City of Santa Monica and requires all vacant properties to be maintained in conformance with the property maintenance standards found in the proposed Chapter
13.02 (Property Maintenance)
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General Maintenance Requirements – All vacant properties will be required to adhere to certain maintenance standards including:
• Weeds, trash and debris must be removed, and landscaping must be maintained. • Groundcover, hardscape, and/or softscape must be installed and maintained. o Any hedges or bushes must be trimmed to no higher than 42” to allow for a clear view to the interior of the property or in compliance with provisions of SMMC 9.21.050 Fences, Walls and Hedges.
• Pest and rodent infestations must be promptly abated. • Curtains, blinds, or other window treatments must be removed from ground floor windows to allow a clear view to the interior of any structures. This allows law enforcement personnel to quickly see what type of activity may be taking place inside of a vacant structure.
• All furniture or personal property must be removed from the interior of any structure. If law enforcement personnel inspect a vacant property, look through the windows, and see personal items or furniture, they will have reason to believe that the property is being accessed by transients.
General Security Requirements - All vacant properties will be subject to certain security requirements, including:
• Installation of Fencing – If the Director of Community Development determines it to be necessary, vacant properties can be required to be enclosed with a fence that is six-feet tall and non-view obscuring. This requirement would only affect those properties that pose ongoing threats to the health, safety, and welfare of the broader neighborhood. Well-maintained properties that are not sources of problems to the community would not be required to be fenced. The required fences can be made of wood, wrought iron, or other approved material.
Temporary chain-link fences that are easily removeable and are often set into footings that are placed on the ground, rather than having the posts securely sunk into the ground are not permitted under the proposed language. 13 of 16
• Securing doors and windows of vacant properties with clear polycarbonate material (clearboarding) on sides facing streets and alleys. Plywood is permitted to be used on all other sides.
• A combination lock must be installed on all gates or entrances. The current combination would need to be on file with the Police Department as part of the current, valid Trespass Arrest Authorization form.
• No Trespassing Signs – Signs shall be posted so as to be visible from all public rights-of-way.
• Trespass Arrest Authorization – A current Trespass Arrest Authorization form is required to be on file with the Santa Monica Police Department during the entire period of vacancy.
• Motion-Activated lighting must be installed and maintained at all entrances and exits from dusk until dawn.
• Documentation of security measures – The owner must provide written documentation of all security measures taken, including alarms, cameras, roaming or on-site security. The Director is granted the authority to modify the security requirements based on the particular facts of each property. • All non-occupied units in a multi-family building must be secured against entry by non-authorized persons.
Violations and Penalties (13.04.050)
This section specifies that vacant property violations are subject to administrative citations as well as the Nuisance Abatement provisions found in Chapter 13.06.
Community Safety and Protection (13.04.060)
This section provides flexibility for property owners to request that the City waive certain requirements for warranted situations. Waivers for any or all of the vacant property standards may be requested by submitting a form to the Director, who can approve the request if it is determined that approving the request would not result in harm to the surrounding community.
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Abatement of Nuisances: Chapter 13.06 contains existing language currently residing in Chapter 8.96 of the Code, except for those provisions that are recommended to be included in Chapter 13.02. Staff recommends moving this language from 8.96 to 13.06 to better organize the Code. Staff believe that these provisions are better suited for new Article 13, Neighborhood Preservation, than in Article 8, Buildings, where they are currently found. Many of the violations in this chapter involve issues that are outside of the Building Code, thus warranting relocation.
Future Actions
In previous City Council meetings, staff was given direction to create a vacant property registration program. The current proposed ordinance does not include this, but it is an idea that staff believes is worth revisiting. Vacant property registration programs became much more commonplace during and immediately after the foreclosure crisis of the mid- to late-2000s. Since 2016, there has been a 400+% increase in the number of known or suspected vacant properties in Santa Monica. These properties are found in residential, commercial and industrial areas. The lack of ongoing and sustained maintenance requires a systematic program be put in place to ensure these properties do not remain or become a blight on the community.
The currently proposed amendments establish basic standards for which all properties can be held accountable to. However, even with the implementation of the changes proposed in this report, it requires heavy investment of time and effort by staff of Code Enforcement, Police, and Fire. A vacant property registration program will allow staff to establish fees for vacant properties that will enable the City to recover costs associated with the ongoing monitoring of these properties to ensure properties meet the minimum established standards. Staff asks that the City Council provide direction to return at a future date with a proposed vacant property registration program which includes fees for cost recovery purposes.
Environmental Review
The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 (Actions by Regulatory Agencies for 15 of 16
Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”.
The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for existing vacant properties, enabling Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the environment. Therefore, the Ordinance is exempt from CEQA pursuant to Section 15308 and Section 15061(b)(3) of the CEQA Guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code. Staff will return to Council if specific budget actions are required in the future. The recommended actions do include changes to the Master Fine Schedule. Violations of the property maintenance and vacant properties chapters would be added to the administrative citation fine schedule. Violations of the property maintenance provisions may result in fines ranging from $500 to $2,000. Vacant property and public nuisance violations can result in fines ranging from $1,000 to $5,000. The fines for violation of Chapter 8.96 will likely be removed from the fine schedule as that chapter would be removed from the Code.
Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
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Attachments:
A. Ord-CDD-Property Maintenance and Vacant Properties 082223 B. Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties C. Exhibit 2 - Taxicab
D. Exhibit 3 - Parking Citation
E. Exhibit 4 - False Alarm Fines
F. Exhibit 5 - Library Fines
G. Revisions to Fine Schedule