Ordinance 2705CITY OF ALEDA ORDINANCE NO.
New Series
2705
REPEALING ARTICLE V OF CHAPTER XXX (DEVELOPMENT OF
ABANDONED COMMERCIAL PROPERTIES) AND AMENDING
CHAPTER XIII OF THE ALEDA MUICIPAL CODE BY
ADDING SECTION 13 -11 RELATING TO BOARDED BUILDINGS
AND VACANT PARCELS, AN IMPOSING AN ADMINISTRATIVE
PENALTY ON OWNERS OF LONG-TERM BOARDED BUILDINGS
AND VACANT PARCELS WHICH ARE NOT UNER REPAIR OR
ACTIVELY OFFERED FOR SALE, LEASE OR RENT
that;BE IT ORDAINED by the Council of the City of Alameda
Section 1 . The Alameda Municipal Code is hereby amended
by repealing Article V of Chapter XXX (Development of Abandoned
Commercial Properties) in its entirety.
Section 2 The Alameda Municipal Code is hereby amended
by adding section 13 -11 (Boarded Buildings and Vacant Parcels) to
Chapter XIII, Article IV (Unsafe, Dangerous and Substandard
Buildings Nuisances Summary Abatement) to read;
13 -BOARED BUILDINGS AN VACAN PARCELS
13-11.Declara tion of Purpose.
The City Council finds that boarded buildings and vacantparcels are a maj or cause and source of blight in both residential
and nonresidential neighborhoods, especially when the owner of the
parcel fails to actively maintain and manage the building orparcel. Vacant buildings which are boarded, substandard or unkemptproperties, and long-term vacancies discourage economic
development, retard appreciation of property values and constitute
a public nuisance.
Vacant parcels are often used as a dumping ground for
debris, are often overgrown with weeds and grass, and may become a
dumping ground for toxic or other hazardous substances and used
drug needles. It is a responsibility of property ownership to
prevent owned property from becoming a burden to the neighborhood
and community and a threat to the public health, safety or welfare.
Boarded buildings and vacant parcels which are not actively and
well maintained and managed can be the core and cause of spreadingblight.
13-11.Definitions.
Building Official shall mean the Chief
Inspector, Fire Marshall or Code Enforcement Officer,
appointed or designated representatives.
Building
or their
Boarded Building - For purposes of this section, the term
"boarded building" shall mean a building whose doors and windows
have been covered with plywood or other material for the purpose of
preventing entry into the building by persons or animals.
Vacant Parcel - For purposes of this section, "vacant
parcel" shall mean a parcel of real property upon which there is an
improvement of any type on any part or portion of said parcel and
the parcel is unoccupied or unused by the owner or any person with
the owner s consent.
13-11.Boarded Building and Vacant Parcel Penalty.
a. The owner of any boarded building or vacant parcel,
whether boarded by voluntary action of the owner or as a result of
enforcement activity by the City, shall cause the boarded building
or vacant parcel to be rehabilitated for occupancy within ninety
(90) days after the building is boarded or the parcel is vacant.
b. No person shall allow a boarded building or vacant
parcel to stand vacant for more than ninety (90) days unless one of
the following applies:1. There is a valid building permit for repair,
rehabilitation or construction of a building and the owner
progressing diligently to complete the repair rehabilitation or
construction.2. The building complies with all codes , does not
contribute to blight, is ready for occupancy, and is actively being
offered for sale, lease, or rent.
3. The Building Official determines that the
boarded building or vacant parcel does not contribute to and is notlikely to contribute to blight because the owner is actively
maintaining and monitoring the boarded building or vacant parcel so
that it does not contribute to blight. Active maintenance and
monitor ng shall include:
(a) Maintenance
materials in good condition.
landscaping and plant
(b) Maintenance of the exterior of the
building, including but not limited to paint and finishes, in good
condition.
(c)Regular removal of all exterior trash,
debris and graffiti.
(d) Maintenance of the boarded buildings and
vacant parcels in continuing compliance with all applicable codesand regulations.
(e) Prevention of criminal activity on the
premises, including but not limited to USB and sale of controlled
substances, prostitution and criminal street gang activity.
13-11.Administrative Penalty.a. Any owner of a boarded building or vacant parcel
which remains in violation of section 13 -11.3 shall be liable for
an administrative penalty in an amount not to exceed One ThousandDollars ($1,000) per calendar year per boarded building or vacantparcel.b. second or subsequent administrative penalty
imposed upon any owner pursuant to this section shall be in an
amount not to exceed Five Thousand Dollars ($5,000) per calendar
year per boarded building or vacant parcel.
13 -11.Commencement of Proceedings.
Whenever the Building Official has inspected, or causedto be inspected, any building or parcel and has found and
determined that such building is in violation of this sectionhe/she shall commence proceedings for assessment of
administrative penalty as provided in sections 13-11.6 and
13 -11.13.
13-11.Hearing Notice; Contents
The Notice of Hearing shall contain:1. The street address and such other description
as is required to identify the premises.2. A statement specifying the conditions which
constitute a violation of this code.
3 . An order to the owner to appear before a
Hearing Officer at a stated time, but in no event less than twenty
(20) days after having mailed such notice, to show cause why an
administrative penalty should not be assessed in accordance with
this code.4. A statement advising the owner that he/she has
the option of voluntarily correcting the condition (s) which violate
the provisions of this chapter prior to the date set for hearing.
If the owner chooses to correct the conditions, the corrections
must be completed prior to the hearing date. The owner must advise
the Building Official in writing that he/she will correct theconditions and the date of completion. The Building Official will
inspect the premises on the completion date, and if the conditions
have been corrected, the hearing will be taken off calendar. The
owner may request a continuance of the hearing in order to comply,
but in no event shall the continuance exceed thirty (30) days.b. The hearing notice , and any amended or supplementalnotice, shall be served by personal service or by posting
conspicuously at least one copy of the notice on the boarded
building or parcel alleged to be vacant, and another copy shall be
sent by certified mail, postage prepaid, return receipt requested,
to the person owning the land as such person s name and address
appear on the last equalized assessment roll, or supplemental roll,
or as known to the City Clerk of the City of Alameda, and to any
mortgagee or beneficiary of a deed of trust. If such address is
unknown to the Building Official, then that fact shall be so stated
in the copy so mailed, and it shall be addressed to him or her at
the county seat of the county wherein said property is situated.
Service of the Notice and Order shall be deemed complete on the
date the notice is first posted or personally served. Service bycertified mail shall be deemed complete when deposited in the
United States Mail. The failure of any owner or other person to
receive such notice shall not affect in any manner the validity of
any proceedings taken hereunder.c. Proof of Service. The officer or employee,
giving notice as aforesaid, shall file an affidavit thereof
the City Clerk certifying as to the date and manner in which
notice was given.
upon
with
such
13 -11.Hearing Officer.
The City Manager shall appoint a Hearing Officer to hear
cases brought under this section.
13 11.Hearings - -Generally.a. At the time set for hearing, the Hearing Officer
shall proceed to hear the testimony of the Building Official, the
owner, and other competent persons respecting the condition of the
building and other relevant facts concerning the matter.
b. Record of Oral Evidence a.t Hearing. The proceedings
at the hearing shall be reported by a tape recording. Either party
may provide a certified shorthand reporter to maintain a record of
the proceedings at the party s own expense.c. Continuances. The Hearing Officer may, upon request
the owner of the premises or upon request of the Building
Official, grant continuances
shown, or upon his own motion.
from time to time for good cause
d. Oathsicertified shorthandaffirmation.
Certificationreporter shall The Hearing Officeradminister the oath
e. Evidence Rules. California Government Code section
11513, subsections (a), (b) and (c), as presently written 'hereinafter amended, shall apply to hearings under this section.
Rights of Parties.1. Parties may represent
represented by any person of their choice.
themsel ves ,
2. If a party does not proficiently speak or
understand the English language, he/she may provide an interpreter,at that party own cost, to translate for the party.
interpreter shall not have had any involvement in the issues of the
case prior to the hearing.
13 -11.Official Notice.
In reaching a decision, official notice may be taken,
either before or after submission of the case for decision, of any
fact which may be judicially noticed by the courts of this state or
which may appear in any of the official records of the city or
county, or any of their departments.
13-11.Inspection of Premises.a. The Hearing Officer may, with the owner(s)' consent
inspect the building and premises involved in the hearing prior to,
during, or after the hearing, provided that:
1. Notice of such inspection shall be given to the
parties before the inspection is made and
2 . The parties are given an opportunity to be
present during the inspectioni and
3. The Hearing Officer shall state for the record
during the hearing, or file a written statement after the hearingfor inclusion in the hearing record, upon completion of the
inspection, the material facts observed and the conclusion drawn
therefrom.b. Each party then shall have a right to rebut or
explain the matters so stated by the Hearing Officer either for the
record during the hearing or by filing a written statement after
the hearing for inclusion in the hearing record.
13-11.Form and Contents of Decision; Finality of Decision.
If it is shown by substantial evidence that the owner has
violated provisions of section 13 -11.3, then the Hearing Officer
shall impose an administrative penalty pursuant to sections 13 -11. 4and 13 -11.13 . In determining the penalty, the Hearing Officershall consider factors including, but not limited to: Theseverity, extent and length of time in which the blighting
conditions have existed on the property; the owner s efforts or
lack thereof, to remedy the problem; staff time and costs incurred
in investigating the conditions; and the extent, if any, to whichthe administrative penalty would impose a substantial economic
hardship on the owner or would hinder the rehabilitation of thebuilding. The decision of the Hearing Officer shall be final.a. The decision of the Hearing Officer shall be
writing and shall contain findings of fact and a determination ofthe issues presented. The decision shall require the owner to pay
the administrative penalty prescribed in section 13 -11.4. The
decision shall inform the owner that if the administrative penalty
is not paid within the time specified in section 13-11.5, then it
may be made a personal obligation of the owner, made a special
assessment against the property, and/or a lien may be imposed on
the property involved for the amount of the penalty assessed.b. The decision shall also inform the applicant that
the time for judicial review is governed by California Code of
Civil Procedure section 1094.6. The decision shall be final when
signed by the Hearing Officer and served as herein provided.
13-11.Service of the Hearing Officer s Decision.
Upon issuance of the decision, the Building Official
shall serve a copy on the record owner in the same manner as set
forth in section 13-11.6 (b), and One copy shall be served on the
mortgagee or beneficiary of any deed of trust.
13-11.Collection of the Administrative Penalty.
within thirty
decision.
The administrative penalty shall be due and payable
(30) days after service of the Hearing Officer
b. In the event the administrative penalty is not paidwithin forty-five (45) days after the service of the Hearing
Officer s decision, the City Council may confirm the amount of the
administrative penalty and order that it be specially assessed
against the property, and thereafter be collected at the same time
and in the same manner as ordinary real property taxes are
collected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary
real property taxes. All laws applicable to the levy, collection
and enforcement of real property taxes are applicable to the
special assessment. The owner (s) of the property to be specially
assessed pursuant to this section shall be given not less than ten
(10) days notice of the hearing before the City Council taken under
this section.c. In addition to the impositions of special
assessment pursuant to the provisions of subparagraph (b) of this
section, the City Council may order a lien to be recorded againstthe property. The lien shall include, but not be limited to, the
identity of the owner (s), the date of the imposition of the
penal ty, the amount of the penalty, and a description of the realproperty subj ect to the lien. A copy of the lien shall be mailed
to the owner (s) of the property after the recordation, with allrecording information affixed thereto, at the address of said
owner (s) appearing on the last equalized assessment roll, orsupplemental roll, or to the property address.d. In the event it shall be necessary to institute
legal action to collect the administrative penalty, the City of
Alameda shall be entitled to recover reasonable attorney s fees and
all costs associated with the collection of the penalty as set
forth in California Code of Civil Procedure section 1033.
Section 3 If any section subsection, sentence,
clause, or phrase of this ordinance is, for any reason, held to be
invalid or unconstitutional, such decision shall not affect thevalidity or constitutionality of the remaining portions of thisordinance. The City Council of the City of Alameda hereby declares
that it would have passed this ordinance, and each section,subsection , clause or phrase hereof , irrespective of the fact that
any one or more sections, subsections, sentences, clauses and
phrases are declared to be invalid or unconstitutional.
Section 4 The City Clerk of the City of Alameda is
hereby directed to cause this ordinance to be published in the
Official Newspaper of the City of Alameda.
Section 5 This ordinance and the rules, regulations,provisions, requirements, orders and matters established and
adopted hereby shall take effect and be in full force and effectthirty (30) days from and after the date of its final passage andadoption.
Pres ding Of cer of e City Council
Attest:
i ty Clerk
, the undersigned hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 9th day
of September , 1995, by the following vote to wit:
AYES :Coun.c t:l:member s Arn er ic h , DeWit t , L uc as
Manni:x and President Appezzato -
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this 20th - dny of Septe:mber , 1995.
Llt,1&-
Dian B - Felsch , City Clerk
city of Alameda