ORDINANCE NO.____________
AN ORDINANCE ADDING AMMENDING TITLE 15, CHAPTER 15.34, TO THE
STOCKTON MUNICIPAL CODE, RELA TED TO COMMERCIAL PROPERTY
VACANCY AND VACANT LOT REGISTRATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to active ly maintain and manage the building or property. Vacant lots, and buildings, whether boarded, substandard, unkempt, or long- term vacant discourage economic development , hinder the apprecia tion of property values, and have a detrimental impact on t he economic viability of both commercial and residential areas. Vacant commercial bu ildings are an attractive nuisance to children, a harborage for rodents, an increased fi re hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.
One (1) vacant commercial building or vacant lot that is not actively well maintained and managed can be the core and cause of sp reading blight. A long-term vacant building or vacant lot, even in the absence of code violations, is detrimental to the health, safety, and welfare of the communi ty and contrary to the intended property use. Vacant commercial buildings and lots require more frequent monitoring by code enforcement, police, and Building Department st aff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large.
The purpose of the vacant commercial building and vacant lot registration and monitoring program is to di scourage property owners from a llowing buildings and lots to remain vacant, ensure they are properly secured and maintained, help prevent the buildings and lots from bec oming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use.
The provisions of this sect ion are to be supplementary and complementary to all the provisions of the City Code, State and F ederal law, and any ot her statutes or regulations, and nothing in this section shall be read, interpreted, or construed in any manner so as to limit any existing right or power of the City to abate or prosecute any and all violations and nuisances.
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SECTION II. AMENDMENT OF CODE.
Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:
Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT
REGISTRATION
15.34.010 Title.
This ordinance codified in this chapter shall be known as “Vacant Commercial Property and Vacant Lot Registration Ordinance” and is her einafter referred to within this Chapter 15.34, as “this chapter.”
15.34.020 Purpose.
Recognizing that abandoned and vacant buildings and lots contribute to blight in the city, discourage economic development, and diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings and vacant lots from becoming a burden to the nei ghborhood and community and a threat to the public health, safety, and welfare. The city council fi nds that vacant buildings and lots result in increased expenditures for police, fire, and code enforcement inspections and calls.
Maintenance of the public health, safety , and welfare thus requires the City to maintain an accurate registration of all vacant commercial buildings and vacant lots and to impose each of the requirements, procedures and penalties set forth herein.
15.34.030 Definitions.
For the purposes of this chapter, the following terms are defined as set out in this section:
A. "Commercial building" means a buildi ng, accessory structure, mobile or modular structure, or other struct ure adapted to permanent occupancy for commercial purposes. A "commercial buildin g" also includes any structure, or any portion of a structure, loca ted within the city and designed or intended for occupancy as a hotel or motel.
B. "Commercial unit" means each separ ate space within a commercial building designed or intended for occupancy.
C. "Securing" as used in this c hapter is the same as defined under Chapter 15.32.
D. "Vacant commercial building" means a commercial building where greater than fifty percent of the non-residentia l commercial units within the building have been unoccupied for over 30 180 days, unless one of the following
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applies:
1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenanc e and repairs, of the
commercial building per the re quirements of the California Building Code.
2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the commercial building, where the applicati on is still active per the requirements of the Development Code.
3. In the case of a structure intended as a hotel or motel where the owner or operator is acti vely engaged in operating such premises as a hotel or mote l. At a minimum, active
engagement as a hotel or motel requires that the owner or operator participate as a certified registra nt of the Uniform Transient Occupancy Tax Ordinance of the City of Stockton with respect to such premises.
4. Notwithstanding any other provisions of this Chapter, the building conforms to the standar ds set forth in SMC 15.32 et seq.
E. “Vacant Lot” means a lot within any Residential, Commercial, or Industrial (excluding PT Port) zoning district unless one of the following applies:
1. There is a valid building permit for the improvement of the lot.
2. The owner or leaseholder has filed an application for required permits for the lawful use and improvement of the lot, where the application is still active per the requirements of the Development Code.
3. Notwithstanding any other provisions of this Chapter, the lot conforms to the standards set forth in SMC 15.32 et seq.
15.34.040 Registration.
A. The owner(s) of a vacant commercial bu ilding or vacant lot shall, within 30 days after it has become vacant as defined in this chapter, register the commercial building or lot with the City of Stockton.
B. An annual fee, in an amount established by city council resolution, shall accompany the registration form and be paid annually for the duration of vacancy. Funds derived from said fees shall be allocated to Police Department, Neighborhood Services Section and used to offset the City’s
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cost of inspection and enforcement under this chapter.
C. Any subsequent owner of a vacant co mmercial building or lot must register or re-register the building or lot wit h the city designated officer within 30 days of any transfer of any ownership interest in the building or lot.
D. Registered commercial buildings or lots subject to this chapter shall remain registered as long as the properties remain vacant. If the owner, or a lawful tenant of the owner, occupi es the premises in a ma nner that complies with this chapter and with all other applicable provisions of state and local law, a commercial building may be removed from the department's registry. A commercial building may be removed from the registry upon owner’s submission of a de-registration form provided by the department and subject to department approval confirming occupation.
15.34.050 Registration Requirements.
A. The required registration shall be subm itted on the form provided by the city and shall include:
1. The name, current maili ng address, phone number and any other contact information of the owner and property manager or responsible party as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.
2. The addresses of the comme rcial building and the Assessor Parcel Number(s).
3. Square footage and occupancy rating(s) of the commercial building.
4. State the most recent legal us e(s) of the commercial building.
5. The period of time the commercial building or lot is expected to remain vacant, and a plan and timetable for returning the commercial building or lot to appropriate occupancy or use.
6. Statement as to whether there is fire and liability insurance coverage.
7. Methods by which the owner has secured the commercial building against unauthorized entry.
8. Provide such other informati on as the department may require.
9. Proof of insurance in co mpliance with section 15.34.100.
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B. Upon registration of a vacant comme rcial building or vacant lot pursuant to this chapter, the owner shall be required to provide authorization to the City of Stockton Police Department to arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.
15.34.060 Signage.
Any vacant commercial building shall be posted with the name and twenty-four-hour contact phone number of the tr ustee, beneficiary, owner, realtor, or property management company. The posting shall be no less than eighteen by twenty-four (18 x 24) inches and shall be of a f ont that is legible from a public right of way and shall contain along with the name and twenty-four-hour contac t number the words "THIS PROPERTY MANAGED BY" and "TO R EPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or se cured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting sh all be placed on a stake of sufficient size to support the posting in a loca tion that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materi als. Compliance with this section shall satisfy section 15.32.050(C) if applicable.
15.34.070 Inspection by City.
A city designated officer or their appointee ma y inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring compliance with the provisions of this chapter, the fire c ode, and safeguarding t he health, safety, and welfare of the general public . Upon the request of a city building official, code enforcement officer, fire marshal, or a designated appointee, an owner shall provide access to all interior portions of any vac ant commercial building or suspected vacant commercial building in order to permit inspections.
15.34.080 Owner Inspection Requirements.
The owner(s) or their property manager shall inspect a vacant commercial building or vacant lot on a monthly basis to determine if the building or lot is in compliance with this chapter or if notification of noncompliance is reported to the owner(s) or their local property manager.
15.34.090 Penalties.
A. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapter 1.24 of the Stockton Municipal Code or any other enforcement and legal remedies available to the city under
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the law.
B. All penalties assessed shall be payable directly to the city.
C. Any and all civil penalt ies assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the city to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of th is chapter, institution of injunction, mandamus, or other appropria te action or proceedings to enforce the penalty provisions of this chapter.
D. In addition to all other lawful remedies available to the city to address any violation of this chapter, the code compliance officer or his or her designee may impose an administrative penalty pursuant to Chapter 1.40.
15.34.100 Liability Insurance.
The property owner shall maintain liability insurance on vacant buildings and vacant lots subject to registration. A certificate of insurance for each vacant property shall be provided to the City with t he vacant building registration form, whenever an insurance policy has expired, when there is a change of insurance carrier, and upon request from the City. All insurance policies for vacant property shall require notice to the City in the event of cancellation of insurance or a reduction in coverage. The minimum coverage amount shall be $1,000,000.00 of general liability coverage.
15.34.110 Administrative guidelines.
The City Manager may establish and amend administrative guidelines, as needed to administer this chapter, implement the registration process, introduce additional registration requirements not inconsistent with the requirements of this chapter, and to impose appropriate and beneficial conditions of registration acceptance. The administrative guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this chapter.
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SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidit y shall not affect other provisions, or applications of the fact which can be given wit hout the invalid provision or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE.
This ordinance shall take effect and be in full force 90 days after its passage.
ADOPTED:
EFFECTIVE:
ATTEST:
CHRISTINA FUGAZI
Mayor of the City of Stockton
KATHERINE ROLAND, CMC
City Clerk of the City of Stockton
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