SEC. 14-505. EXISTENCE OF UNSECURED BUILDINGS — A PUBLIC NUISANCE:
It is hereby found and expressly declared that the existence of an unsecured building within the City of Stockton is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the Director of Community Development as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-506. UNLAWFUL NOT TO SECURE AFTER NOTICE:
It shall be unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of ten (10) days after such owner, agent, lessee or other person above described has been given notice as provided in Section 14-507 and 14-508, which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured in a manner approved by the Director of Community Development and the public nuisance thereby abated.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-507. SERVICE OR NOTICE TO SECURE BUILDING:
The notice described in Section 14-506 may be given by either of the following methods:
(a) Delivery of a written notice personally to the owner, agent, lessee or other person having charge or control of the unsecured building or to any person eighteen (18) years of age or older residing at the residence of said owner, agent, lessee or other person above described;
(b) Mailing of said notice to such person at his last known address as it appears on the last equalized assessment roll of the City of Stockton of the County of San Joaquin.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-508. CONTENTS OF NOTICE TO SECURE BUILDING:
The notice to secure building shall:
(a) Contain the address of the premises on which the unsecured building is situated, if such address is ascertainable;
(b) Contain a legal description of premises on which the unsecured building is situated as such description is found in the San Joaquin County Assessor's office;
(c) State that the enforcing officer has found the building to be unsecured and dangerous to the health and safety of the inhabitants of the City of Stockton and therefore a public nuisance;
(d) Order that owner, agent, lessee or person having charge or control of the unsecured building to secure the building in such a manner that it may not be freely entered;
(e) Advise the person receiving said notice that if he fails to secure said building within ten (10) days that the City of Stockton will enter upon such premises and itself secure that building, and that the cost of this work will be charged to the owner of the unsecured building and may result in a lien against the premises on which the building is situated;
(f) Notify the person receiving said notice that failure to secure a building within the City of Stockton is a misdemeanor.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-509. POSTING OF NOTICE TO SECURE BUILDING:
A copy of the notice described in the preceding Section 14-508 shall, on or before the day of service of said notice, be conspicuously posted on the unsecured building which the enforcing officer is seeking to secure.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-510. SECURING BY CITY AFTER TEN (10) DAY PERIOD:
In the event such owner, agent, lessee or other person having charge or control of an unsecured building fails, refuses, or neglects within said ten (10) day period to secure an unsecured building hereinbefore declared to be a public nuisance, then the City of Stockton may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-511. LIABILITY FOR COST OF WORK:
Liability to the City of Stockton for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City of Stockton; provided, however, that this Ordinance shall not be construed to impair any lien which shall exist under Section 14-513.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-512. REPAIR BY CITY — RECORD OF COSTS:
In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City of Stockton, the Director of Community Development or his designated agent shall compute from his records the costs of work done attributable to the premises on which the building is situated. He shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing. Any other interested person may be heard.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996) (Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-513. REPORT; CONTENTS — FILING:
In the event that the securing of such buildings is done by the City of Stockton, the City Manager or his designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996) (Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-514. REPORT; HEARING AND FINALITY OF DECISION:
Upon the day and hour fixed for the hearing, the Administrative Hearing Officer shall hear and pass upon the report of the Director of Community Development or his designated agent together with any objections or protests which may be raised by any of the persons liable to be assessed for the work done and any other interested persons. Thereupon, the Hearing Officer may make such revision, correction or modification in the report as it may deem just, after which, by motion or resolution, the report as submitted or as revised, corrected, or modified shall be confirmed. The Hearing Officer may adjourn the hearings from time to time for a period not to exceed thirty (30) days. The decision of the Hearing Officer on all protests and objections which may be made shall be final and conclusive.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996) (Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-515. ASSESSMENT OF COSTS — TIME FOR PAYMENT — FAILURE TO PAY LIEN:
The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such costs so assessed, if not paid within five (5) days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment, and all interest thereon is paid, or until it is discharged off record.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996) (Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-516. COST OF SECURING TO CONSTITUTE SPECIAL ASSESSMENT:
Five (5) days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City of Stockton, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next regular bills for taxes levied against the said respective lots and parcels of land for municipal purposes. Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-517. CANCELLATION OR REFUND OF SPECIAL ASSESSMENT:
All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
SEC. 14-518. RIGHT OF ENTRY:
It shall be unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City of Stockton to enter upon any property between 6:00 a.m. and 8:00 p.m. where any public nuisance as defined in Section 14-505 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Section 14-510 hereof, after notice has been given as provided in Section 14-507 and Section 14-509 hereof, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If Section 14-518 or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Sections 14-505 through 14-517.
(Added by Ordinance 3024-C.S. — Effective Feb. 9, 1978)
Division 2
REGULATION OF VACANT BUILDINGS
SEC. 14-520. VACANT BUILDINGS — DECLARATION OF PURPOSE:
The Council finds that neglected, vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner or Responsible Person(s) fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood and community in which it is located. Vacant buildings often attract transients and criminals, including drug users and prostitutes. Use of vacant unsecured buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties and present a dangerous attractive nuisance to children. Vacant properties are often used as dumping grounds for drug paraphernalia, furniture, tires, garbage, junk and debris and are often overgrown with weeds and vegetation. In addition, vacant buildings which are simply boarded up with plywood or other materials to prevent entry by transients or vandals for long periods of time very often results in discouraging economic development, encouraging graffiti, disrupting neighborhood stability, retarding appreciation of property values and promoting blight conditions, all of which interfere with the rights of neighboring property owners and occupants to the full use and enjoyment of their property.
Because of the numerous health, welfare, safety and economic problems caused by neglected, vacant buildings, the City currently expends vast resources monitoring and responding to problem, vacant buildings. Because there is already a substantial cost to the City for monitoring neglected, vacant buildings (whether or not those buildings are boarded up) as well as a substantial toll on the citizens who are affected by the nuisance conditions created, the City Council finds there is an urgent need to implement a process by which these buildings are monitored and the costs borne by the owners of the neglected, vacant buildings rather than the community.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-521. BOARDED BUILDINGS — PURPOSE:
As stated in Section 14-520, vacant buildings that exist with numerous violations are a major cause and source of crime and blight in both residential and non-residential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. In addition, boarded buildings which are substandard and unkept, and which are vacant for long periods of time, discourage economic development and retard appreciation of property values can be the core and cause of spreading blight.
It is a responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community in which it is located and from causing a threat to the public health, safety, and welfare.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-522. BOARDED BUILDING — DEFINED:
For the purposes of this chapter, the term "boarded building" shall mean a building whose doors and windows and other openings have been covered with plywood or other material for the purpose of preventing entry into the building.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-523. METHOD OF BOARDING:
If an owner or responsible party chooses or is required to board up the windows and doors and other openings of a building in order to prevent entry by others, the materials used to board up the building shall be painted to match the color of the existing building.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-524. BOARDED AND VACANT BUILDING — TIME PERIOD MAINTENANCE:
A. No person shall allow a building designed for human use or occupancy to stand vacant for more than 180 days, unless one of the following applies:
1. The building is the subject of an active building permit and the owner is progressing diligently to repair the premises for occupancy.
2. The building meets all codes, and is actively being offered for sale, lease, or rent.
3. The building is being maintained in a safe and orderly manner and does not contribute to blight conditions. Maintenance in a safe and orderly manner shall include:
a. Maintenance of any landscaping and plant materials in good condition.
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 building in continuing compliance with all applicable codes and regulations.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-525. VACANT BUILDING MONITORING FEE:
A. Fee imposed. There is hereby imposed upon every owner of a vacant building an annual vacant building monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or non-residential, which:
1. Is vacant for more than 180 days for any reason.
B. Fee waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that:
1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy, or
2. The building meets all applicable codes and is actively being offered for sale, lease or rent, or
3. The building is being maintained in a safe and orderly manner and does not contribute to blight conditions, or
C. Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth 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's daytime telephone number, to the Director within 15 days after the billing is mailed to the owner. The Director shall review the written statement and may contact the owner to discuss the application for waiver. The Director shall prepare a written decision which shall be mailed to the owner within 10 days of receipt of the Request for Waiver.
Any owner aggrieved by the decision of the Director relating to an application for waiver may appeal the Director's decision to an Administrative Hearing Officer, as set forth in Chapter 1.
If the fee is not paid within 60 days after billing, or within 60 days after the decision of the Director or the Administrative Hearing Officer becomes final, an Administrative Hearing Officer may thereupon order that the fee be assessed against the property involved as provided in Chapter 1.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 14-526. VIOLATION:
It shall be unlawful and a misdemeanor for an owner or responsible person to fail to maintain their vacant building in accordance with all of the mandatory requirements set forth herein. Failure to do so constitutes a violation of this Code and may be enforced in any of the manners set forth in Chapter 1 of this Code.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton, CA 
