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HomeMy WebLinkAboutMINUTES - 11182008 - C.28 TO: BOARD OF SUPERVISORS 8L Contra FROM: PUBLIC PROTECTION COMMITTEE f Costa DATE: NOVEMBER 5, 2008 County SUBJECT: ADOPTION OF AMENDMENT TO VACANT COUNTY STRUCTURES ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION ADOPT Ordinance No. 2008 3.R introduced on November 4, 2008, to amend the County Vacant Structures Ordinance to shorten the time period for abating vacant structures. BACKGROUND The Board of Supervisors, on May 20, 2008, referred the matter of community impacts due to the housing foreclosure crisis to the Public Protection Committee(PPC) following comments received from Bay Point resident Mark Sullivan. At the May 23, 2008 PPC meeting, Mr. Sullivan commented on community issues resulting from the high number of foreclosed homes, such as property dereliction and associated public health issues, theft, vandalism, and reduced property values. CONTINUED ON ATTACHMENT: P-I'E"S SIGNATURE: azr�- �9� — ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ® RECOM )NATION OF BOARD COMMITTEE ®APPROVE OTHER SIGNATURE(S): - J�OHHN GIOIA,CHAIR F ERAL D.GLOVER ACTION OF BOARD ON /(/o ar,'PGe�'y /00 42A,64f APPROVED AS RECOMMENDED VT OTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND �-' CORRECT COPY OF AN ACTION TAKEN AND _UNANIMOUS(ABSENT J4/ ► ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED: NOVEMBER 18, 2008' Contact: JULIE ENEA(925)335-1077 DAVID J.TWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: COUNTY ADMINISTRATOR CONSERVATION&DEVELOPMENT DIRECTOR DISTRICT ATTORNEY COUNTY COUNSEL By: Deputy Amendment to County Vacant Structures Ordinance November 5,2008 Public Protection Committee Page 2 The PPC studied this issue over a five-month period, looking particularly at ways to expedite the abatement of nuisances at abandoned homes. On November 4, the PPC shared a report with the Board of Supervisors on it findings and introduced an amendment to the County Vacant Structures Ordinance to shorten the time period for abating vacant structures. The PPC recommends adoption of that ordinance today. Following is a description of the current vacant structures abatement process and changes to that process proposed by the ordinance amendment. Abatement Process Current Process. Under current Building Inspection Division(BID)policy, nuisance vacant properties are abated in the same manner as any other code enforcement action,a process that usually a minimum of six months. These procedures are geared to provide maximum notification to ensure that the property owner fully understands the violations and has ample time to correct them, the goal being voluntary compliance by the owner. Alternate Process. County Code Chapter 72074, also known as the Vacant Structures Ordinance(VSO), sets up alternate procedures to abate vacant structures. With the current emphasis on the increasing number of vacant homes due to foreclosures, Department of Conservation and Development(DCD) staff advocates a change in policy to more closely follow chapters 720-4 for abatement of these cases. The use of the procedures in the VSO provide for the abatement of a vacant house in approximately 60 days, instead of the 120-180 days it currently takes. The VSO only requires one notification letter be sent and posted on the property prior to proceeding with the abatement. It should be noted that abatement of a vacant structure under the VSO is complete when the property meets the standards listed in County ordinance 7204.406 as follows: 1) All waste, rubbish or debris removed from the interior of the structure, 2) All waste,rubbish, debris or excessive vegetation removed from the premises surrounding the vacant structure, 3) All unsecured doorways, windows, or exterior openings barricaded with plywood, 4) All utility services to the building disconnected by removal of the meters and termination of electric power at the pole, 5) Capping of the sewer, 6) The premises posted with metal "DO NOT ENTER" signs at or near each entrance to the structure and on fences or walls, 7) A fence around the property. Under the VSO, the owner of a vacant property must bring the property into compliance with the above standards after receiving notice from the County. Currently,under section 7204.606 of the VSO, a property owner must obtain a boarding permit within 30 days of receiving notice from the County, and must board the vacant structure 10 days after receiving a boarding permit. The abatement of a vacant home under the VSO as currently written takes approximately 60 days. Streamlined Alternate Process. The PPC directed staff to draft an ordinance to amend Section 720-4.606 to reduce the 30-day notice period to 10 days. Under the amending ordinance, attached as Attachment#1 for adoption today, a property owner would be required to obtain a boarding permit within 10 days of receiving notice from the County,and would be required to board the vacant structure 10 days after receiving a Amendment to County Vacant Structures Ordinance November 5,2008 Public Protection Committee Page 3 boarding permit. If this ordinance change is implemented, a vacant home could be brought into compliance with the above standards in approximately 40 days. The amending ordinance also authorizes the County to board an unsecured vacant structure if a property owner does not apply for a boarding permit within the 10- day period, or if the property owner does not board the structure within 10 days after a boarding permit is issued. The ordinance further provides that the County may maintain a property where a vacant structure is located, including the abatement of graffiti, and recover its costs, if the property owner does not maintain the property after receiving notice. ORDINANCE NO. 2008-30 REGULATION OF VACANT STRUCTURES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This ordinance amends provisions of the County's Vacant Structures Ordinance, Chapter 720-4 of the Ordinance Code, to require a property owner to apply for a boarding permit within 10 days after a vacant structure becomes unsecured. An unsecured vacant structure is a vacant structure where one or more doors, windows, or other openings are broken or missing. This ordinance also authorizes the County to board an unsecured vacant structure if a property owner does not apply for a boarding permit no later than 10 days after receiving notice from the County or does not board the structure no later than 10 days after a boarding permit is issued. SECTION.II. Section 720-4.208 of the County Ordinance Code is amended to read:. 720-4.208 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "Owner"means a person, persons, corporation,partnership, limited liability company, or any other entity holding fee title to the subject real property. (b) "Property" includes tracts, lots, easements, or parcels of land and any and all improvements thereon. (c) "Unsecured"means a structure where one or more doors, windows, or other openings are broken or missing. (d) "Vacant Structure"means any building, dwelling, or other structure: (1) that lacks the habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and (2) where either of the following conditions exist: (A) the structure is unsecured; or ORDINANCE NO. 2008-30 1 (B) the structure's exterior or premises contain any waste, rubbish, debris, excessive vegetation, or graffiti. (Ords. 2008-30 § 2, 2002-46 § 3.) SECTION.III. Section 720-4.402 of the County Ordinance Code is amended to read: 720-4.402 Duty of Property Owner. Every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property. If more than one person or entity holds any portion of the fee interest in the property, the owners' obligations under this chapter are joint and several as to each owner. (Ords. 2008-30 § 3, 2002-46 § 3.) SECTION IV. Section 720-4.404 of the County Ordinance Code is amended to read: 720-4.404 Duty to Maintain Property. It is unlawful for property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist: (a) Any vacant structure whose interior, exterior, or premises contain any waste, rubbish, debris, excessive vegetation, or graffiti. (b) Any unsecured vacant structure that is not secured by boarding in compliance with Section 720-4.406. (c) Any vacant structure secured by boarding or any other method permitted by Section 720- 4.406, at any time at which there is no current and valid boarding permit as required by Section 720-4.412. (Ords. 2008-30 §.4, 2002-46 § 3.) SECTION V. Section 720-4.406 of the County Ordinance Code is amended to read: 720-4.406 Standards for Securing and Maintaining a Vacant Structure. The owner shall secure and maintain a vacant structure according to the following specifications and requirements: (a) All waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (b) If a vacant structure is unsecured, the vacant structure shall be secured as follows: (1) Barricade all unsecured doorways, windows, or exterior openings with minimum one-half inch thickness exterior grade plywood which shall extend to the molding stops or studs. ORDINANCE NO. 2008-30 2 (2) Mount at least two wood stocks of minimum two by four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers. (3) Extend the stock a minimum of eight inches on each side of the interior wall. (4) Cause all hardware to.be galvanized or cadmium plated. (5) Paint all exterior barricade material the predominant color of the structure. (6) In lieu of requiring the owner to board a vacant structure using the materials and methods of construction specified in this subsection, the County Building Official may authorize the owner to board the vacant structure using one or more alternative materials or methods of construction, provided the County Building Official determines the proposed alternative adequately prevents unauthorized entry or vandalism to the vacant structure. (c) All utility service to the dwelling or building must be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the County Building Official as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit. (d) If applicable, the sewer must be capped in a manner approved by the County Building Official to prevent the accumulation of methane gas in the dwelling or building. (e) Post the premises. One or more metal signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information: DO NOT ENTER. It is illegal to enter or occupy this building or premises or to.remove or deface this notice. Trespassers will be prosecuted. (Contra Costa County Ordinance Code, California Penal Code.) (f) The County Building Official may require the owner to erect a fence that meets the specifications of the building inspection division on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances. (Ords. 2008- 30 § 5, 2002-46 § 3.) ORDINANCE NO. 2008-30' 3 SECTION VI. Section 720-4.412 of the County Ordinance Code is amended to read: 720-4.412 Permit Required for Boarding a Vacant Structure. (a) No unsecured vacant structure shall be secured by boarding or any means other than the conventional method used in the original construction and design of the structure unless a boarding permit has been first issued by the County Building Official. (b) An owner of an unsecured vacant structure must apply to the County Building Official for a boarding permit within 10 days after the vacant structure becomes unsecured. (c) The application for a boarding permit shall include all of the following information: (1) The expected period of vacancy. (2) A plan for regular maintenance during the period of vacancy. (3) A plan and timeline for the lawful occupancy, rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure. (d) The County Building Official will issue a boarding permit required by subsection (a) upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee. (e) The owner of an unsecured vacant structure must board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than 10 days after a boarding permit is issued. The County Building Official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with Section 720-4.406. (f) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six months from the date of issuance. (g) The boarding permit may be renewed after the initial period for up to an additional six months, upon the submission of a written application by the owner. The submission of the application must occur no later than 10 days before the original permit expires, upon the payment of the required fee and upon the confirmation through inspection by the County Building Official that the boarding or other method of securing the structure has been completed in accordance with Section 720-4.406. The application shall include the ORDINANCE NO. 2008-30 4 information required by subsection (c). (h) A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the County Building Official within one year of the expiration date of the prior permit, unless all of the following occur: (1) The owner of the structure submits a written application for extension that includes the information required by subsection (c). (2) The owner of the structure pays the required fee. (3) The County Building Official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with Section 720-4.406. (4) Good cause for the renewal exists. "Good cause"requires a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation or locate a suitable buyer despite diligent efforts to do so, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. If the County Building Official determines that good cause exists to renew the permit and that all other conditions are met, the permit may be renewed by the County Building Official for one or more six-month terms, subject to the conditions imposed on the original renewal permit. (Ords. 2008-30 § 6, 2002-46 § 3.) SECTION VII. Section 720-4.606 of the County Ordinance Code is amended to read: 720-4.606 Notice to Secure and Maintain a Vacant Structure. (a) If the County Building Official determines that a violation of this chapter exists, the County Building Official may transmit a Notice to Secure and Maintain a Vacant Structure to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. (b) The Notice to Secure and Maintain a Vacant Structure will contain the following information: (1) The street address or other legal description of the property. (2) A statement of the conditions constituting the violation and a description of how the violation must be abated. ORDINANCE NO. 2008-30 5 (3) An order that all waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (4) If a vacant structure is unsecured, an order that the owner do both of the following: (A) Apply for a boarding permit no later than 10 days after the transmittal date specified on the Notice to Secure and Maintain a Vacant Structure. (B) Board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than 10 days after the boarding permit is issued. (5) A statement that if the violation is not abated within the time specified, the County may abate the violation in accordance with Section 720-4.610. (6) The order may require the owner to erect a fence in accordance with Section 720-4.406. (7) A statement that the owner has the right to submit in writing any information relating to a determination of the existence of a violation. If the County Building Official determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation. (c) Within 10 days after the date a Notice to Secure and Maintain a Vacant Structure is transmitted to the owner, the owner may appeal the notice to the Board of Supervisors in accordance with Section 14-6.416. (Ords. 2008-30 § 7, 2002-46 § 3.) SECTION VIII. Section 720-4.608 of the County Ordinance Code is amended to read: 720-4.608 Remedies. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Structure within the time specified in the notice or does not timely appeal, the County may abate the violation pursuant to Section 720-4.610. (b) Nothing in this chapter shall be construed as requiring the securing of a substandard vacant structure prior to an abatement of the substandard building under Chapter 14-6, Division 712, or the State Housing Law (Health and Safety Code § 17910 et seq.). If a substandard building becomes a vacant structure before or during abatement under Chapter 14-6, Division 712, or the State Housing Law, the notice and order to abate may require the securing of the building in accordance with the standards set forth in Section ORDINANCE NO. 2008-30 6 720-4.406.. (c) Nothing in this chapter shall be construed to limit the County from pursuing.any other remedies allowed by this code or otherwise allowed by law to enforce violations of this chapter. (Ords. 2008-30 § 8, 2002-46 §.3.) SECTION IX. Section 720-4.610 of the County Ordinance Code is amended to read: 720-4.610 Abatement by County. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Structure within the time specified in the notice or does not timely appeal,.the County Building Official may abate the violation and recover costs as provided for in this chapter. Abatement may include issuing a boarding permit in the name of the owner and erecting a fence. (b) After abating the violation, the County Building Official will transmit a notice to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. The notice will inform the owner of all of the following: (1) The owner must maintain the property in a condition that complies with this chapter. (2) If a boarding permit was issued in the name of the owner, the notice will inform the owner that the boarding permit is effective for six months; and that before the permit expires, the owner must establish a plan and timeline for the lawful occupancy, rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure. (3) If the County Building Official erects a fence, the notice will inform the owner that the owner must maintain the fence in a condition that complies with this chapter. (4) A description of the actual work of abatement performed. (5) A statement that the owner is responsible for permit fees and the costs of abatement, including the cost to perform the actual work, the cost of materials, administrative costs, and inspection and reinspection costs. (c) If a boarding permit is issued pursuant to subsection (a) of this section, the permit may be ORDINANCE NO. 2008-30 7 renewed by the County Building Official or by the owner in accordance with Section 720- 4.412. (d) If the County Building Official abates a violation under this section and the owner fails to maintain the property in a condition that complies with this chapter, the County Building Official may maintain the property and recover costs as provided for in this chapter. (Ords. 2008-30 § 9, 2002-46 § 3.) SECTION X. Section 720-4.618 of the County Ordinance Code is repealed in its entirety. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID TWA, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy TLG: H:\2008\Code Enforcement\vacant structure revise ord-final2.rev.wpd ORDINANCE NO. 2008-30 8 ORDINANCE NO. 2008-30 REGULATION OF VACANT STRUCTURES The Contra Costa County Board of Supervisors ordains as.follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION L .SUMMARY.:This ordinance amends provisions of the County's Vacant Structures Ordinance, Chapter 7204 of the Ordinance Code, to require a.property owner to apply for a boarding permit within 10 days after a vacant structure'becomes unsecured. An unsecured vacant structure is a vacant structure where one or more doors,windows,or other openings are broken or missing. .This ordinance also authorizes the County.to board an unsecured vacant structure if a property owner does not apply for a boarding permit no later than 10 days after receiving notice from the County or does not board the structure no later than 10 days after a boarding permit is issued. SECTION H. Section 720-4.208 of the County Ordinance Code is amended to read:. 720-4.208 Definitions. For purposes of this chapter, the following words and.phrases have the following meanings: (a) "Owner".means a person,persons, corporation, partnership,limited liability company, or any other entity holding fee title to,the subject real property. (b) "Property".includes tracts,lots, easements, or parcels of land and any and all improvements thereon. (c) "Unsecured'°means a structure where one or more doors,windows, or other openings are broken or missing. (d) "Vacant Structure"means any building, dwelling, or other structure: (1) that lacks the habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and (2) where either of the following conditions exist: (A) the structure is unsecured; or ORDINANCE NO. 2008-30 1 (B) the structure's exterior or premises contain any waste,rubbish, debris, excessive vegetation, or graffiti._(Ords. 2008-30 § 2,2002-46 § 3.) SECTION III,Section 720-4.402 of the County Ordinance Code is amended to read: 720-4.402 Duty of Property.Owner. Every ownerr shall maintain property in accordance with the provisions of this chapterr and correct all violations of this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property. If more than one person or entity holds any portion of the fee interest in the property, the owners' obligations under this chapter,are joint and several as to each owner. (Ords. 2008-30 § 3, 2002-46 § 3.) SECTION.IV. Section 720-4.404 of the County Ordinance Code is amended to read: 720-4.404 Duty to Maintain Property. It is unlawful for property.tobe maintained in such a manner that any one or more of the conditions described in the following subsections are found to.exist: (a) Any vacant structure whose interior, exterior,.or premises contain any waste,rubbish, debris, excessive vegetation, or graffiti. (b) Any unsecured vacant structure that is not secured by boarding in compliance with Section 720-4.406. (c) Any vacant structure secured by boarding or any other method permitted by Section 720- 4.406, at any time at which there is no current and valid boarding permit as required by Section 720-4.412. (Ords. 2008-30.§.4, 2002-46 §.3.) SECTION V..Section 720-4.406.of the County Ordinance Code is amended to read: 720-4.406 Standards for Securing and Maintaining a Vacant Structure. The owner shall secure and maintain a vacant structure according to the following specifications and requirements: (a) All waste, rubbish,debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (b) If a vacant structure is unsecured,the vacant structure shall be secured as follows: (1) Barricade all unsecured doorways, windows,or exterior openings with minimum one-half inch thickness exterior grade plywood which shall extend to.the molding stops or studs. ORDINANCE NO. 2008-30 2 (2) Mount at least two wood stocks of minimum two by four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers. (3) Extend the stock a minimum of eight inches on each side of the interior wall. (4) Cause all hardware to be galvanized or cadmium plated. (5) Paint all exterior barricade material the predominant color.of the structure. (6). In lieu of requiring the owner to board a vacant structure using the materials and methods of construction specified in this subsection,the County Building Official may authorize the owner to board the vacant structure using one or more alternative materials or methods of construction,provided the County Building Official determines the proposed alternative adequately prevents unauthorized entry or vandalism to the vacant structure. (c) .All utility service to the dwelling or building must be terminated by removal of the meters and termination of electric power'at the pole. Compliance with this subsection may be waived in writing by the County Building Official as to the electric utility service if electricity is needed to.power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit. (d) If applicable,the sewer.must be capped in a manner approved by the County Building Official to prevent the accumulation of methane gas in the dwelling or building. (e) post the premises. One or more metal signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information: DO NOT ENTER. It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (Contra Costa County Ordinance Code, California Penal Code.) (f) The County Building Official may require the owner to erect a fence that meets the specifications of the building inspection division on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears,breaks,rust, or dangerous protuberances. (Ords. 2008- 30 § 5,2002-46 § 3.) ORDINANCE NO. 2008-30 3 SECTION.VI. Section 720-4.412 of the County Ordinance Code is amended to read: 720-4.412 Permit Required for Boarding a Vacant Structure. (a) No unsecured vacant structure shall be secured by boarding or any means other than the conventional method used in the original construction and design of the structure unless a boarding permit has been first issued by the County Building Official.. (b) An owner of an unsecured vacant structure must apply to the County Building Official for a boarding permit within 10 days after the vacant structure becomes unsecured. . (c). The application for a boarding permit shall include all of the following information: (1) The expected period of vacancy. (2). A plan for regular maintenance during the period of vacancy. (3) A plan and timeline for the lawful occupancy,rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy,rehabilitation or demolition of the structure. (d) The County Building Official will issue a boarding permit required by subsection (a) upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee. (e) The owner of an unsecured vacant structure must board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than 10 days after a boarding permit is issued. The County Building Official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with Section 720-4.406. (f) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six months from the date of issuance. (g) The boarding permit may be renewed after the initial period for up to an additional six months,upon the submission of a written application by the owner. The submission of the application must occur no later than 10 days before the original permit expires,upon the payment of the required fee and upon the confirmation through inspection by the County Building Official that the boarding or other method of securing the structure has been completed in accordance with Section 720-4.406. The application shall include the ORDINANCE NO. 2008-30 4 information required by subsection(c). (h) A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the County Building Official within one year.of the expiration date of the prior permit,unless all of the following occur: (1) The owner of the structure submits a written application for extension that includes the information required by subsection(c). (2). The owner.of the structure pays the required fee. (3) The County Building Official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with Section 720-4.406. (4) Good cause for the renewal exists.."Good cause"requires a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation or locate a suitable buyer despite diligent efforts to do so,unanticipated delays in construction or rehabilitation, or unanticipated damage to the property..If the County Building Official determines that good cause exists to renew the permit and that all other conditions are met,the permit may be renewed by the County Building Official for one or more six-month terms, subject to the conditions imposed on the original renewal permit. .(Ords. 2008-30§.6, 2002-46 § 3.) SECTION VII..Section 720-4.606 of the County Ordinance Code is amended to read:. 7204.606 Notice to Secure and Maintain a Vacant Structure. (a) If the County Building Official determines that a violation of this chapter exists, the County Building Official may transmit a Notice to.Secure and Maintain a Vacant Structure to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. (b) The Notice to Secure and Maintain a Vacant Structure will contain the following information: (1) The street address or other legal description of the property. (2) A statement of the conditions constituting the violation and a description of how the violation must be abated. ORDINANCE NO. 2008-30 5 (3) An order that all waste,rubbish, debris, excessive vegetation,and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (4) If a vacant structure is unsecured, an order that the owner do both of the following: (A) Apply for a boarding permit no later than 10 days after the transmittal date . specified on the Notice to Secure and Maintain a Vacant Structure. (B) Board or otherwise secure the vacant structure in compliance with Section 720-4.406.no.later.than 10.days after the boarding permit is issued.. (5) A statement that if the violation is not abated within the time specified, the County may abate the violation in accordance with Section 720-4.610. (6) The order may require the owner to erect a fence in accordance with Section 720-4.406. (7) A statement that the owner has the right to submit in writing any information relating to a determination of the existence.of a violation. If the County Building Official determines that an effort is being made to correct the violation,he or.she may,grant an additional period of time for correction of the violation. .. (c) Within 10 days after the date a Notice to Secure and Maintain a Vacant Structure is transmitted to the owner,the owner may appeal the notice to the Board of Supervisors in accordance with Section 14-6.416..(Ords..2008-30 § 7, 2002-46 §.3.) SECTION VIII. Section 7204.608 of the County Ordinance Code is amended to read:. 7204.608 Remedies. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Structure within the time specified in the notice or does not timely appeal, the County may abate the violation pursuant to Section 720-4.610. (b) Nothing in this chapter shall be construed as requiring the securing of a substandard vacant structure prior to an abatement of the substandard building under Chapter 14-6, Division 712, or the State Housing Law (Health and Safety Code § 17910 et seq.). If a substandard building becomes a vacant structure before or during abatement under Chapter 14-6,Division 712, or the State Housing Law,the notice and order to abate may require the securing of the building in accordance with the standards set forth in Section ORDINANCE NO. 2008-30 6 720-4.406._ (c) Nothing in this chapterr shall be construed to limit the County from pursuing.any other remedies allowed by this code or otherwise allowed by law to enforce violations of this chapter. (Ords. 2008-30. § 8,2002-46§ 3.) SECTION IX. Section 720-4.610 of the County Ordinance Code is amended to read:. 720-4.610 Abatement by County.. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Structure within the time specified in the notice or does not timely appeal,the County Building Official may abate the violation and recover costs as provided for in this chapter. .Abatement may include issuing a boarding permit in the name of the owner and erecting a fence. (b) After abating the violation,the County Building Official will transmit a notice to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412..The notice will inform the owner of all of the following: (1) The owner must maintain the property in a condition that complies with this chapter.. (2) If a boarding permit was issued in the name of the owner, the notice will inform the owner that the boarding permit is effective forr six months; and that before the permit expires,the owner must establish a plan and timeline for the lawful occupancy,rehabilitation or demolition of the vacant structure,or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy,rehabilitation or demolition of the structure. (3) If the County Building Official erects a fence,the notice will inform the owner that the owner must maintain the fence in a condition that complies with this chapter. (4) A description of the actual work of abatement performed. (5) A statement that the owner is responsible for permit fees and the costs of abatement, including the cost to.perform the actual work,the cost of materials, administrative costs, and inspection and reinspection costs. (c) If a boarding permit is issued pursuant to subsection(a) of this section,the permit may be ORDINANCE NO. 2008-30 7 renewed by the County Building Official or by the owner in accordance with S ection 720- 4.412. (d) If the County Building Official abates a violation under this section and the owner fails to maintain the property in a condition that complies with this chapter,the County Building Official may maintain the property and recover costs as provided for in this chapter. (Ords. 2008-30§ 9,2002-46 § 3.) SECTION X. Section 720-4.618 of the County Ordinance Code is repealed in its entirety. SECTION M. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on NOVEMBER 18, 2008 ,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, AND BONILIA NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE ATTEST: DAVID.TWA, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] eputy TLG: H:12008\Code Enforamrnt\vacant structure revise ord-finalZ.rev.wpd ooSrA cov1� ORDINANCE NO. 2008-30 8 "d Emelda Sharp/COB/CCC To cctlegals@cctimes.com 11/21/2008 09:59 AM cc bcc Subject ADOPTION OF ORDINANCE NO.2008-30 Dear Eris, Please publish the above Adoption'of Ordinance No. 2008-30 under our Ref. No. 2195 in your Contra Costa Times, on November 26, 2008. Thanks for your attention. ADOPTION OF ORDINANCE NO.20Q8-31).doc Clerk of the Board of Supervisors 651 Pine Street, Rm. 106 Martinez, CA 94553 Tel No. 925-335-3900 925-335-1903 Fax. No. 925-335-1913 Emelda L. Sharp Clerk of the Board