Property
Maintenance &
Vacant Properties
Recommendations:
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.
Proposed
Changes
• Create new Article 13 (Neighborhood Preservation)
• Will hold all chapters related to preserving and protecting the quality of life for the broader community
• Create new Chapter 13.02 (Property Maintenance)
• Creates minimum property maintenance standards
• Create new Chapter 13.04 (Vacant Properties)
• Creates vacant properties maintenance and security standards • Create new Chapter 13.06 (Abatement of Nuisances)
• Contains language moved from Ch. 8.96 that is not included in Ch. 13.02 or 13.04.
• Delete language from Ch. 8.96 (Abatement of Nuisances) • Retitle to “Reserved”
Property Maintenance
Property
Maintenance
• Purpose: preserve properties, keep them safe, and
maintain them in good condition for the owners,
occupants, neighbors, and the broader community.
• protect the health, safety, welfare, and aesthetic
appeal of a community.
• preserve the supply of safe, affordable housing that is available to a community.
• Property maintenance concerns are the bread and
butter of code enforcement efforts.
Property Maintenance Concerns in 311 (As of 8/3/23)
Year Count
2021 (9 months) 201
2022 300
2023 (8 months) 367
Total out of 3396 868
Current
Property
Maintenance
Provisions
• SMMC has several basic PM provisions
• Found throughout the code
• Not centralized in one, easy to find location
• Existing language tends to address concerns once
they have gotten to the level of substantial
deterioration
Existing
Property
Maintenance
Sections
Chapter Title Sections
5.08 General Sanitation • 5.08.070
• 5.08.080
• 5.08.340
7.44 Weeds • 7.44.020
7.48 Litter, Abandoned
Vehicles, Etc.
• 7.48.050
• 7.48.070
8.96 Abatement of
Nuisances
• 8.96.030
• 8.96.050.a.1
• 8.96.050.a.2
• 8.96.050.a.3
• 8.96.050.a.5
• 8.96.050.a.6
• 8.96.050.a.9
• 8.96.050.a.11
• 8.96.050.a.17
• 8.96.050.a.18
• 8.96.050.a.19
• 8.96.050.a.20
• 8.96.050.a.21
9.21 General Site
Regulations
• 9.21.100.A
• 9.21.180.A
9.26 Landscaping • 9.26.040
• 9.26.090.A
• 9.26.090.B
• 9.26.090.C
Proposed
Property
Maintenance
Provisions
• 13.02.030 – Definitions
• 13.02.040 – Responsibility for Maintenance
• Clarifies who can be held responsible for violations of this chapter
• 13.02.050 – General Violations
• Catchall for violations that are not found in 13.02.060 • 13.02.060 – Specific Violations
• Calls out specific issues that would be violations of this chapter
• 13.02.070 – Correction of Violations
• Corrections must meet minimum standards of the Code
• 13.02.080 – Violations and Penalties
• Subject to administrative citations
• 13.02.090 – Environmental Testing, Remediation, and Reporting • Gives staff the ability to require environmental testing before and after repairs are made.
Property
Maintenance
Categories
• 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
• Polluted water
• Refuse and waste
• Structural hazards
• Substandard housing conditions
• Clarification of when the city may deem a dwelling unit uninhabitable
Vacant Properties
Vacant
Properties
Vacant
Properties
• 11/1/2016 – City Council study session on
vacant properties
• Direction given to return with a proposed vacant
property ordinance
• Including provisions for building and structures left in a state of incomplete construction
• At the time, there were 29 vacant properties known
to staff
• 23 complaints had been received during the previous
year
• June 2023 – there are approximately 130 known
or suspected vacant or substantially vacant
properties in the City.
• 11 complaints in 2021
• 31 complaints in 2022
• 37 complaints in 1st half of 2023
Impacts of
Vacant
Properties
• Emotional wellbeing: Sight of vacant properties harms the mental health of neighbors.
• Property equity: Vacant properties reduce the value of surrounding properties, leading to decreases in owners’ equity and personal wealth.
• Municipal revenue: Vacant and abandoned properties lead to a decrease in taxable values of surrounding properties.
• Maintenance and abatement costs: Cities incur the costs of abatement, including securing buildings, cutting grass, removing trash, and demolishing unsafe structures.
• Violence and crime: Vacant and abandoned properties lead to increases in violent crime.
• Public safety costs: Higher violent and property crime rates lead to increased spending for police and fire.
2022 Calls
for Service
and Vacant
Properties
SMPD
2022 Calls
for Service
and Vacant
Properties
FIRE
Current
Vacant
Property
standards
Ch. 8.96.050 – Public Nuisances
(a) The following are declared to be public nuisances:
(16) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by
vandalism, fire, earthquake or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit.
(22) Failure to secure all doorways, windows or other
openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, when required by the City, to prevent unauthorized persons from gaining access.
Proposed
Vacant
Property
Standards
• 13.04.020 – Applicability
• Applies to ALL properties;
• EXCEPT a property or building that is actively being sold or rented and is maintained in strict compliance with the Property Maintenance provisions.
• 13.04.030 – Definitions
• “Vacant properties” = any property unoccupied for 90+ days or where construction has substantially ceased for 90+ days. • “Substantially vacant” = any property where <35% of the units are occupied
• 13.04.040 - General VP Standards
• Establishes maintenance and security requirements.
• 13.04.050 – Violations and Penalties
• Violations are subject to administrative citations
• 13.04.060 – Community Safety and Protection
• Gives the Director the ability to waive VP requirements for warranted situations.
Maintenance
Standards
All vacant properties will be required to adhere to certain maintenance standards including:
• Clean and weed free.
• Proper groundcover
• All hedges no higher than 42”
• Pest/rodent free
• Window coverings removed
• Personal items removed from interior
Security
Standards
All vacant properties may be required to meet certain security standards including:
• Installation of Fencing
• No temporary chain-link fences.
• Polycarbonate boarding
• Combination lock on gates.
• No Trespassing Signs
• Trespass Arrest Authorization
• Includes lock combination
• Motion-Activated video and lighting
• Documentation of security measures
• The Director can waive or modify security measures.
Clearboarding
Enforcement
Process
Upon identifying a violation, the enforcement would
proceed as follows:
1. A Warning Notice would be issued to the property
owner
1. Detailing observed deficiencies
2. Laying out required corrections
3. Provide a compliance date
1. Reasonable amount of time to correct
2. Compliance dates can be extended with good reason and if progress toward compliance is observed
2. Follow up inspections would take place
3. If violations are not corrected:
1. 1st Citation
2. 2nd Citation
3. 3rd Citation
4. Referral to City Attorney’s Office
Proposed
Fine
Structure
Citation
Property
Maintenance
Ch. 13.02
Vacant
Properties
Ch. 13.04
Public
Nuisances
Ch. 13.06
1st $500 $1,000 $1,000 2nd $1,000 $2,000 $2,000 3rd $2,000 $5,000 $5,000 Requested
Ordinance
Changes
13.02.02.030 Definitions
(s) “Responsible person” or “responsible party” shall mean any individual or entity who is responsible for causing or maintaining a violation of this Code, or applicable state codes. The terms “person,” “responsible person” or “responsible party” include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business.¶
(t) “Structure” means anything constructed or erected, regardless of permitting status, the use of which requires 8 attachment to the ground or attachment to something located on the ground. For the purposes of this Chapter, the term “structure” includes “buildings.”
Renumber subsequent terms
Requested
Ordinance
Changes
13.04.040.c.3 should read:
Notwithstanding Section 9.21.050 of the Code, for Vacant Properties, all hedges, bushes, and shrubs shall be maintained no higher than thirty-six forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property.
13.04.040.c.9 should read:
As determined by the Director, any vacant property must be enclosed by a wrought iron fence or similar material that is at least six feet tall and non-view obscuring may be required to be enclosed by a six feet tall and non-view obscuring fence that is made of wood, wrought iron, or similar material. This provides for clear and open visibility of the vacant property while providing an additional measure of security. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director or their designee, before installation; provided, however, that in no event shall the fence be a temporary fence made of chain-link, unless the property is actively being developed pursuant to a current and valid building permit.
Any
Questions?
Recommendations:
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.