City Council Meeting: December 9, 2025 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 13.04, VACANT PROPERTIES, OF ARTICLE 13,
NEIGHBORHOOD PRESERVATION, OF THE SANTA MONICA MUNICIPAL CODE
TO REQUIRE THE REGISTRATION OF VACANT PROPERTIES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits the City to declare what constitutes a public nuisance by ordinance; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enforce all local, police, sanitary, and other ordinances and regulations not in conflict with the general laws, including imposing regulatory fees, subject to the limitations of Article XIIIC Section 1(e); and
WHEREAS, on September 12, 2023, the Santa Monica City Council adopted Ordinance 2758 (CCS) which added Chapter 13.04 of the Santa Monica Municipal Code, establishing a regulatory program for the maintenance and security of vacant properties by setting minimum standards for such properties; and
WHEREAS, the City Council wishes to clarify the application of certain of the City’s existing vacant property standards by restructuring and restating Section 13.04.040 of the Municipal Code; and
WHEREAS, the City Council has adopted as one of its strategic priorities Clean Streets and Safe Neighborhoods, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and
WHEREAS, the City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Monica and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and WHEREAS, vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and
WHEREAS, a number of properties in the City have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and
WHEREAS, the City Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and
WHEREAS, vacant property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and WHEREAS, as of April 2025, the address on file with the Los Angeles County Tax Assessor for the owners of over 100 vacant properties in the City were not the owners’ correct the correct mailing address, making it difficult for the City to contact those owners to notify them of any violation or condition endangering health or safety on their property; and
WHEREAS, as of July 2025, the City was aware of at least 167 vacant properties in the city, approximately half of which are maintained in some level of disrepair or noncompliance with the City’s vacant property standards; and WHEREAS, a program to require that owners of vacant property register their properties with the City, including by providing details about the property and the owner’s current contact information, would enable the City to more efficiently and effectively ensure and enforce compliance with the City’s vacant property standards; and WHEREAS, a program of City staff, including Code Enforcement, Building and Safety, Fire Department, and Police Department staff, routinely inspecting vacant properties would also enable the City to more effectively ensure and enforce compliance with the City’s reasonable vacant property standards; and WHEREAS, the City Council desires to amend Chapter 13.04 of the Municipal Code in order to provide for a vacant property registration and monitoring program to enable the City to more effectively track vacant properties in the City, enforce and ensure compliance with the City’s vacant property standards, and recover costs associated with staff’s efforts in doing so; and
WHEREAS, implementing the foregoing changes and additions will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership, and lack of compliance with City regulations and laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 13.04.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
13.04.030 Definitions.
If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct:
“Director” means the Community Development Director or their designee. “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
“Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite.
“Multiple-Unit dwelling” means the same as defined in Section 9.51.020 of this Code. “Property” shall refer to each separate parcel of land, as identified by the Los Angeles County Assessor’s Office.
“Sheeting Material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. “Softscape” means any live vegetation that is incorporated into landscaped areas. “Substantially Vacant” means any property where fewer than thirty-five percent of the units are occupied.
“Tier 1 property” shall mean a vacant property that does not have conditions that violate this Chapter or Chapter 13.02 other than de minimis violations that do not endanger public health or safety.
“Tier 2 property” shall mean a vacant property that has conditions that violate this Chapter or Chapter 13.02 that are not de minimis but that do not endanger the health and safety of the community.
“Tier 3 property” shall mean a vacant property of which the owner is not responsive to City or community requests and which either has conditions that violate this Chapter or Chapter 13.02 and that endanger the health or safety of the community if not corrected, or at which there is evidence of trespassing into structures on the property. “Tier 4 property” shall mean a vacant property that has conditions that immediately endanger the public health and safety of the community. “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, unless significant construction, pursuant to an active building permit, is taking place or an inspection by the Building and Safety Division has been conducted within the previous ninety days. Significant construction is construction that materially improves the condition of the property or is designed to prepare the property for occupancy.
SECTION 2. Section 13.04.040 of the Santa Monica Municipal Code is hereby repealed and replaced as follows:
13.04.040 General vacant property standards.
Every vacant property shall be actively maintained, monitored, and secured in compliance with all of the following standards.
(a) Safety and Security. Every vacant property shall be secured according to the following provisions:
(1) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy.
(2) “No Trespassing” signs shall be posted and displayed along all street- or alley-facing property frontages and shall be visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (3) The Director may order additional measures to secure the vacant property, including:
(A) Additional signage that includes the name and phone number of an individual that can promptly respond to complaints regarding the property. (B) Enclosure of the vacant property by a six feet tall and non-viewobscuring fence that is made of wood, wrought iron, or similar materials. 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 before installation; provided, however, that in no event shall the fence be a temporary fence made of chain-link, unless the vacant property is actively being developed pursuant to a current and valid building permit. If the Director orders fencing to be installed, the following requirements shall apply:
(i) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, or that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials.
(ii) All unauthorized postings and graffiti shall be immediately removed or painted over.
(iii) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring.
(iv) All gates or entrances to the vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization form.
(v) All fences surrounding any vacant property shall be non-viewobscuring, allowing fifty percent (50%) visibility into the interior of the property (C) Installation and maintenance in working condition of motion-activated security lighting in accordance with Section 9.21.080 of this Code at all entrances and exits of the property from dusk until dawn.
(D) Installation and maintenance in working condition of motion-activated video surveillance cameras that provide two-way communication and mobile live-view video.
(E) Installation and maintenance of additional building locks or entry control systems including bars on windows to prevent unauthorized access to the property and any structure.
(F) Provision of adequate security by onsite security personnel, roaming security patrol, or some other means, which may include twenty-four hours per day, seven days per week security as determined by the Director.
(b) Exterior Maintenance. The exterior portion of every vacant property shall be maintained according to the following provisions.
(1) Landscaping.
(A) The property shall be kept clean, watered, and free of weeds; (B) Dead or dying plant material shall be removed;
(C) Groundcover, hardscape, or softscape approved by the Director shall be installed and maintained on every vacant property throughout the period of vacancy and shall comply with the following:
(i) Plants used for groundcover shall not be allowed to grow taller than six inches; and
(ii) Irrigation adequate for the health and growth of groundcover plants shall be provided and maintained throughout the period of vacancy. (D) Notwithstanding Section 9.21.050 of this Code, all hedges, bushes, and shrubs on every vacant property shall be maintained no higher than forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property. (E) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves.
(F) Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees.
(G) The Director may order additional measures to ensure the exterior portion of the property is adequately maintained including, but not limited to, elimination or trimming of landscaping that contributes to an unsafe condition on the property. (2) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water that causes a hazardous or unhealthy condition, becomes a breeding area for insects, or causes soil erosion or damage to foundation walls. (3) All trash, debris, rubbish, discarded furniture, and defective or discarded equipment or appliances or items of similar nature shall be removed from the property. (4) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects or animals where such activity is not a danger or nuisance to any resident of the surrounding area, and where other applicable legal requirements are met. Any pest or rodent infestation on the property shall be abated and documentation verifying the abatement from a licensed professional shall be provided to the Director upon request. (5) Every vacant property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other approval has been obtained from the City.
(6) Any swimming pool shall be drained, kept free of standing water, and either filled in with soil or other fill approved by the Director, or covered in such a way that water cannot collect in the swimming pool or on top the cover. (7) Approved address numbers for the property and all buildings shall be posted in such a manner as to be plainly visible and legible from the public right of way fronting the property.
(c) Maintenance and Security of Structures.
(1) All buildings and structures on the property shall be maintained in a manner that is safe, structurally sound, and allows for the structure to be easily used for its intended purpose.
(2) All buildings and structures upon the property shall be secured, locked, and closed in a manner ordered and approved by the Director and the Building Official, in accordance with the following:
(A) All first-story doors and windows facing any street or alley shall be secured usings sheeting material only, except that damaged or vandalized first-story doors or windows facing a street or alley may be secured with plywood for a period not to exceed 30 days, after which time they must be secured with sheeting material. First-floor doors and windows not facing any street or alley may be secured using plywood. Sheeting material and plywood and shall meet the following specifications:
(i) Plywood and sheeting material used to secure a vacant property shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official.
(ii) Only exterior-grade screws and round-head plated carriage bolts shall be used to install sheeting material or plywood. Nails shall not be used. (iii) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (iv) Plywood shall be painted in a color consistent with the exterior of the dwelling unit.
(v) Plywood shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings. Materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures unless expressly permitted by the Director. (B) The Director may order additional measures to secure structures of a vacant property including use of sheeting material or plywood to secure windows and doors above the first story.
(3) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all doors or windows to prevent the unauthorized entry into structures.
(A) Notwithstanding the foregoing, at least one door shall allow authorized persons access to the interior of all buildings and all units within each building. Any such access door on the exterior of any building may be secured by using:
(i) A solid core wood or steel door with no windows or other openings in the door; or
(ii) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by the Building Official. The sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official.
(d) Structure Interior.
(1) All furniture and personal property shall be removed from the interior of buildings, unless the property is substantially vacant and remains occupied by one or more persons in which case furniture and personal property shall only be removed from the interior of units that are not occupied by a lawful tenant or owner. (2) All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units.
(e) Additional Requirements.
(1) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02 and Chapter 13.06.
(2) The Director may order that utility services, including gas, water, and electricity, be disconnected.
(3) For any substantially vacant property, every unit that is unoccupied and not being offered for sale or rent shall be secured and locked or otherwise made inaccessible in accordance with this section, regardless of the period of time the property has been substantially vacant.
(f) Proactive Inspection and Reporting.
(1) Every vacant property shall be inspected no less than weekly by the property owner or their agent. The owner shall submit reports regarding each inspection in writing to the Director. Each report shall include the date of the inspection, a list of every security or maintenance deficiency that was found, the date by which such issue was or will be corrected, and time and date stamped photos of the property showing the overall condition of the property and any identified security or maintenance deficiency. (2) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.
SECTION 3. Section 13.04.045 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.045 Registration of vacant properties.
(a) By July 1, 2026 or within 30 days after a property becomes vacant, whichever is later, every person who owns or has control of a vacant property shall register the property with the City by submitting a completed vacant property registration form provided by the City and pay any required fees, which shall be used for the administration of this Chapter. Such fees shall be established by resolution of the City Council. A separate registration and fee shall be paid for each parcel that is vacant. The vacant property registration form shall provide the following information:
(1) A vacant property mitigation plan, including a description of the methods by which the person who owns, possesses or has control of vacant property will maintain and secure the vacant property against unauthorized entry in accordance this Chapter; (2) A contact phone number for the property owner and for the person responsible for the maintenance and security of the property; (3) A description of the most recent legal use of the property before it became vacant;
(4) The square footage of the property;
(5) A description of any future plans for the property, including the date by which the owner expects the property to no longer be vacant;
(6) Whether there is a fire or a general liability insurance policy for the property; (7) Any other information as the Director may require.
(b) Within 30 days of a change of ownership of any vacant property, or when a material change to any item on vacant property registration form occurs, a new vacant property registration shall be submitted to the City and the fees paid. (c) No person shall fail to register a vacant property or pay the required vacant property fee due at the time of registration.
SECTION 4. Section 13.04.047 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.047 Vacant property monitoring fees.
(a) Every owner of a vacant property shall pay to the City a vacant property monitoring fee, in an amount established by resolution of the City Council. These fees shall cover the reasonably anticipated cost of staff engaged in the monitoring and inspection of vacant properties to enforce the requirements of this Chapter. (b) The Code Enforcement Division shall conduct an initial inspection and issue a written vacant property tier determination to the owner no more than 14 days after a vacant property registration form is filed, or if no form has been filed, then no more than 14 days after the City becomes aware of the vacant property. (c) The Code Enforcement Division may issue a new vacant property tier determination at any time after the initial inspection. The owner may request that the Code Enforcement Division issue a new vacant property tier determination no more than once per quarter. Any change to the applicable vacant property monitoring fees resulting from a new determination shall take effect in the following quarterly billing period. (d) Vacant property monitoring fees shall be paid on a quarterly basis. (1) The vacant property monitoring fees shall not apply to any tier 1 vacant property unless it was previously classified in another tier while under the same ownership.
(2) For properties that are contiguous, owned by the same ownership, and appear to be maintained as a single property, a single vacant property monitoring fee may be charged.
(e) Every vacant property tier determination issued pursuant to this section shall be given either by email to the address provided on the registration form, personal delivery, or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to the owner at the address as shown on the last equalized County assessment roll and the address provided on the registration form. Where email, personal delivery, or service by mail cannot be achieved, a copy of the determination shall be conspicuously posted at the vacant property which is the subject of the order. Service shall be deemed complete at the time of emailing, depositing in the United States mail, personal delivery, or posting.
(f) An owner of a vacant property who receives a vacant property tier determination may appeal the tier determination by filing an appeal on a form provided by the Director within 15 days after service of the vacant property tier determination. (g) If an appeal of a vacant property tier determination is timely filed, the Director or his or her designee shall consider the determination and, if the owner has so requested in his or her appeal form, shall grant the owner an oral hearing. The Director shall give the owner no less than 10 days’ notice of the time and place of hearing. The Director or his or her designee shall issue a written decision upholding the vacant property tier determination or modifying the vacant property tier determination to assign the vacant property a lower numbered tier. The written decision of the Director or his or her designee following an appeal of a vacant property tier determination shall be the final decision of the City.
SECTION 5. Section 13.04.060 of the Santa Monica Municipal Code is hereby amended to read as follows:
13.04.060 Community safety and protection.
The Director is authorized to waive or modify any vacant property standard or condition found in Section 13.04.040 of this Chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard.
Requests for such waivers and modifications shall be submitted on a form provided by the City.
In making this determination, the Director shall consider:
(a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and
(e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change.
The Director may place conditions with or without expiration dates on any approved waiver. The Director may also modify conditions placed on the waiver if the effect of the waiver is not meeting the intent of this chapter.
SECTION 6. Section 13.04.070 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.070 Regulations.
The City Manager or designee may promulgate regulations to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.
SECTION 7. Section 13.04.080 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.080 Fees.
No responsible party shall fail to pay any fee required by this chapter. In addition to any penalty prescribed by this chapter for noncompliance, failure to pay such fees may also result in a lien being placed on the subject property or a special assessment against the property in the amount of the unpaid fees, pursuant to the procedures set forth in Section
13.06.080 of this Code.
SECTION 8. Section 13.04.090 of the Santa Monica Municipal Code is hereby added to read as follows:
13.04.090 Severability.
If any provision of this Chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions or applications of this Chapter (or any Section or portion of Section hereof) which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are, and are intended to be severable.
SECTION 9. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 10. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_____________________________
HEIDI VON TONGELN
Interim City Attorney