Ordinance 2706CITY OF ALAMEDA ORDINANCE NO.
New Ser ies
2706
AMENDING CHAPTER XIII OF THE ALAMEDA MUNICIPAL CODE
BY ADDING SECTION 13-12 IMPOSING AN ANNUAL BOARDED
BUILDING AND VACANT PARCEL MONITORING FEE
Section 1 The Alameda Municipal Code is hereby amendedby adding section 13-12 (Boarded Building and Vacant ParcelMonitoring Fee) to Chapter XIII , Article IV (Unsafe , Dangerous and
Substandard Buildings; Nuisances; Summary Abatement) to read:
13-1.2 BOARDED BUILDING AND VACANT PARCEL MONITORING FEE
13-12.Declaration of Purpose.
Boarded buildings and vacant parcels are a major causeand source of blight in residential and non-residentialneighborhoods, especially when the owner of the building or parcel
fails to maintain and manage the building or parcel to ensure that
it does not become a liability to the neighborhood. Boardedbuildings and vacant parcels often attract transients andcriminals, including drug users , and accumulate debris and refuse
all of which impair the quality of life and reduce property values.
Use of boarded buildings and vacant parcels by transients andcriminals, who may employ pr imi ti ve cooking or heating methods
creates a risk of fire for the boarded building, vacant parcel and
adjacent properties. Boarded buildings and vacant parcels are
often used as dumping grounds for debris , are often overgrown with
weeds and grasses , and may include , among other things , hazardous
or toxic substances and used drug needles. Buildings and vacant
parcels which are boarded up to prevent entry by transients andother long-term vacancies discourage economic development and
retard appreciation of property values.
Because of the potential economic and public health
welfare and safety problems caused by boarded buildings and vacantparcels, the City needs to monitor boarded buildings and vacantparcels, so that they do not become attractive nuisances , are notused by trespassers , are properly maintained both inside and out
and do not become a blighting influence in the neighborhood. City
departments involved in such monitoring include the PoliceDepartment, the Fire Department , Planning Department and Public
Works Department. There is a substantial cost to the City for
moni toring boarded buildings and vacant parcels , which should be
borne by the owners of the boarded buildings and vacant parcels.
13-12.Definitions.
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 , the term
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 either the owner
or any person with the owner I s consent.
13-12.Boarded Building and Vacant Parcel Monitoring Fee.a. Fee Imposed. There is hereby imposed upon every
owner of a boarded building or vacant parcel an annual boarded
building and vacant parcel monitoring fee (hereinafter
, "
Monitoring
Fee ), in an amount to be set by resolution of the City Council.
The Monitoring Fee shall not exceed the estimated reasonable costof monitoring the boarded building and vacant parcel. The
Monitoring Fee shall be payable as to any boarded building,
residential or non-residential, or vacant parcel which:
1. Is boarded up by voluntary action of the owner
or as the result of enforcement activities by the City, or2. Is vacant for more than ninety (90) days for
any reason , except where all owners or occupants are continuously
and temporarily absent from their place of residence and intend to
return thereto.
b. Fee Waiver. The
upon a showing by the owner that:Monitoring Fee shall be waived
1. The owner has obtained a building permit , or if
a building permit is not required , is progressing diligently to
prepare the premises for occupancy, or2. The boarded building or vacant parcel meets all
applicable codes and is actively being offered for sale , lease orrent, or 3. Imposi tion of the fee would impose a
substantial economic hardship on the owner or would hinder the
rehabilitation of the boarded building or vacant parcel.4. All of the owners or occupants have been
continuously and temporarily absent from their place of residence
for over ninety (90) days and intend to return.
c. Procedure. The Monitoring Fee shall be billed to
the owner of the property and mailed to the owner as such owner'
name and address appear on the last equalized assessment roll of
the County Assessor.
Any owner billed may apply for a waiver on the
grounds set forth in subsection (b) of this section by submitting
a written statement of the grounds for the waiver , and the owner'
daytime telephone number , to the Chief Building Inspector withinthirty (30) days after the billing is mailed to the owner. The
Chief Building Inspector shall review the written statement and may
contact the owner to discuss the application for waiver. The Chief
Building Inspector shall prepare a wr i tten decision which shall be
mailed to the owner.
13-12.APPEALa. Any person who is liable for the Monitoring Fee may
appeal the decision of the Chief Building Inspector by filing a
notice of appeal with the City Clerk not later than twenty (20)
calendar days from the date of mailing of the written decision ofthe Chief Building Inspector. The Housing and Building Code
Hearing and Appeals Board shall hear the appeal in not less thanten (10) nor more than thirty (30) days from the date of the filing
of the notice of appeal. The person appealing the decision shall
be given not less than ten (10) days written notice of the time
date and location of the hear ing.b. The Housing and Building Code Hearing and Appeals
Board shall consider evidence on only those issues set forth in
sections 13-12.(a) and (b).c. The decision of the Housing Building Code Hearing
and Appeals Board shall be final.
13-12.FAILURE TO PAY FEE; SPECIAL ASSESSMENT OR LIEN
If the Monitoring Fee is not paid within sixty (60) days
after billing, or within sixty (60) days after the Chief BuildingInspector's or the Housing and Building Code Hearing and Appeals
Board I s decision becomes final , the City Council may thereupon
order that the amount of the Monitor ing Fee be specially assessedagainst the property involved. If the City Counci 1 orders that the
Monitoring Fee be specially assessed against the property, it shall
confirm the assessment and thereafter said assessment may 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
penal ties and the same procedure and sale in case of delinquency as
provided for ordinary real property taxes. All laws applicable tothe levy, collection and enforcement of real property taxes are
applicable to the special assessment.
In addition to the imposition of a special assessmentthe city Council may order a lien to be recorded against theproperty. The lien shall include , but not be limited to, the
identi ty of the owner (s), the date of the imposition of the
penalty, the amount of the penalty, and a description of the real
property subject 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 saidowner(s) appearing on the last equalized assessment roll , or
supplemental roll, or to the property address.
section 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 this
ordinance. 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 Thisprovisions, requirements
adopted hereby sha 11 takethirty (30) days from and
adoption.
ordinance and the rules , regulationsorders and matters establ ished and
effect and be in full force and effect
after the date of its final passage and
cil
Attest:
1L"i ty Clerk
Revised 9/20/95
, 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 l9th day
of September , 1995 , by the following vote to wit:
AYES :Counc.t lmembe.rs Arnerich , Dewitt , LucasMann:t and Pre.sident 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 2Dth - day of September 1995.
4t 'yjJL
Dia . Felsch , city Clerkci ty of Alameda