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TO ADOPT AN ORDINANCE CREATING TITLE 15, CHAPTER 15.34, OF THE STOCKTON MUNICIPAL CODE, RELATED TO COMMERCIAL PROPERTY VACANCY AND VACANT LOT REGISTRATION AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance creating Title 15, Chapter 15.34 “Vacant Commercial Property and Vacant Lot Registration” of the Stockton Municipal Code, for the purposes of encouraging property owners to develop vacant buildings and lots to help alleviate properties from becoming public nuisances due to vandalism, disrepair, graffiti, and illegal dumping, thus diminishing the value of surrounding properties and affecting the general safety and welfare of the public.
2. Approve a Resolution to amend the FY 2024-25 Fee Schedule to incorporate fees for the registration of the vacant commercial properties and vacant lots.
3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
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Summary
This staff report recommends that the City Council adopt a Vacant Commercial Property and Vacant Lot Registration Ordinance to address the numerous negative impacts of vacant commercial buildings and vacant land in Stockton. To ensure clarity and consistency throughout this staff report, the terms "Commercial Vacant Property" and "Vacant Land" will be used interchangeably and collectively referred to as "vacant properties." These vacant properties often become eyesores as they fall into disrepair, attracting vandalism, graffiti, and illegal dumping, which diminishes the aesthetic appeal of an area and can lead to decreased property values. The presence of such properties can also deter customers and make it difficult for nearby businesses to thrive.
Furthermore, vacant properties can pose safety risks by becoming havens for criminal activity and presenting hazards due to structural instability or overgrown vegetation. The economic consequences are also significant, as these properties can hinder development by discouraging new businesses and limiting job opportunities. Addressing issues related to vacant properties also places a strain on city resources, requiring time and attention from various departments, including the Fire Department, which plays a crucial role in identifying these locations due to their frequent presence in the field and their keen eye for signs of vacancy and potential hazards. The proposed ordinance aims to mitigate these problems by creating a centralized registry of vacant commercial properties and vacant land, promoting accountability among property owners, facilitating enforcement efforts, and ultimately supporting revitalization initiatives (Attachment A).
DISCUSSION
Background
Vacant properties can have a significant negative impact on communities. They can contribute to blight by becoming eyesores that attract vandalism, graffiti, and illegal dumping, creating a visual deterrent to potential customers and investors. This can discourage economic development by hindering the appreciation of property values and diminishing the overall appeal of commercial areas.
These vacant properties also often become magnets for criminal activity, such as squatting, drug use, and vandalism, posing safety hazards to both the immediate neighborhood and the broader community. They can also become fire hazards due to neglected maintenance and the accumulation of flammable materials. In Stockton, vacant commercial buildings place a disproportionate burden on City resources, requiring more frequent monitoring and inspections by code enforcement officers to ensure compliance with property maintenance codes and address potential safety violations. They also demand increased attention from police, who must respond to complaints and incidents related to criminal activity, trespassing, and vagrancy. Additionally, building department staff may need to conduct inspections to assess structural integrity and ensure compliance with building codes, further straining city resources. Similarly, unsupervised vacant lots often demand disproportionate City resources as they become popular locations for encampments, overgrown vegetation, and illegal dumping.
Present Situation
The successful implementation of the Commercial Vacant Property Registration Ordinance depends on effective interdepartmental collaboration, leveraging the strengths of the Community Development Department (CDD), the Neighborhood Services Section (NSS), Economic Development Department (EDD), and the Fire Department (FD). By working together and sharing information, these departments can create a comprehensive and effective system for addressing the challenges posed by vacant properties in Stockton. Each department plays a critical role in ensuring that vacant properties are identified, registered, and maintained, ultimately contributing to a safer and more vibrant community.
Upon adoption of this ordinance, NSS will work with other departments to establish a strategic implementation plan, utilizing a list of known commercial vacant buildings and lots. The registration component will be a key component of the implementation plan. By requiring registration, the ordinance would give the City a more accurate understanding of the number, location, and condition of vacant commercial properties. This information can be used to track trends, inform policy decisions, and develop strategies to reduce commercial vacancy and its associated problems. The ordinance would also enable the City to hold property owners accountable to maintain their vacant properties and take steps to mitigate their negative impacts. Additionally, the registration fee would help to offset the costs of administering and enforcing the ordinance, ensuring that the program is sustainable in the long term.
NSS will work closely with CDD’s Building Official, who is responsible for ensuring life safety within the city. This close connection between the Building Official and NSS, which operates under the Building Official’s direction, especially as it pertains to commercial property, ensures swift action to address violations and maintain safety in vacant properties. This arrangement will streamline the enforcement process, allowing for coordinated inspections and prompt responses to any issues identified in vacant properties.
The primary focus of NSS will be the enforcement aspect of the ordinance. This specialization allows Code Enforcement officers to dedicate their time and resources to inspecting properties, issuing citations, and pursuing legal action against property owners who fail to comply with the ordinance. This targeted approach ensures that the ordinance is enforced effectively and that vacant properties are properly maintained, minimizing their negative impact on the community.
As the program is developed, the identification of vacant commercial buildings and lots will continue to grow utilizing AI technologies such as City Detect and Tolemi. The Tolemi software can connect to various city, state and federal databases, as well as other outside sources, to assist in the identification of possible vacant properties. By sharing this data with the other departments, the City can create a more comprehensive and efficient system for identifying and addressing vacant properties. This collaborative approach leverages the strengths of all departments, ensuring that vacant properties are identified and addressed promptly, minimizing their negative impact on the community. These software programs are currently in their infancy stages and will take time to learn the City’s landscape. During the learning phase, NSS will work with the FD and EDD to assist in identifying vacant properties requiring
enforcement.
Publication
The Notice for this public hearing will be published in The Record on February 19, 2025.
FINANCIAL SUMMARY
There are no General Fund costs associated with the adoption of the ordinance as drafted.
Upon approval, the FY 2024-25 Fee Schedule will be amended to include the following Vacant Commercial Building and Vacant Lot Registration Fees:
Vacant Commercial Buildings:
• First Year Fee (and subsequent years if property conforms with SMC 15.32) - $250
• Second Year Fee (if the property does not conform with SMC 15.32) - $500
• Third and Subsequent Years Fee (if the property does not conform with SMC 15.32) -$1,000
Vacant Lots:
Annual Fee - $250
Attachment A - Proposed Vacant Commercial Property Ordinance redlined version