A. It shall be unlawful and a violation of this code for an owner to fail to register a vacant residence or commercial building or tenant space, which shall be treated as a strict liability offense regardless of intent.
1. If the city finds that any residence or commercial structure or tenant space is unoccupied or exhibits evidence of vacancy, the city may post a notice of violation and order the owner to register the property. A copy of the notice and order shall be sent to the owner by U.S. Mail. The owner may contest the notice and order by filing a written objection with the planning and building department within seven (7) days of the posting of the notice and order. Planning and building department staff will contact the owner to discuss the objection. If the planning and building department does not withdraw the notice and order, or the owner does not register the vacant residence or commercial building or tenant space within seven (7) days of filing the written objection, then a hearing on the objection will be scheduled at a date and time determined by the planning and building director. After a hearing, the determination of the planning and building director or his or her designee as to whether the residence or commercial building or tenant space is vacant or occupied shall be final.
2. An owner's failure to register a vacant residence or commercial building or tenant space shall be deemed an infraction and shall be punishable pursuant to section 01.04.03
A of the San Marino Municipal Code.
3. An owner's failure to register a vacant residence or commercial building or tenant space shall be subject to an administrative fine pursuant to chapter 1 of article 6 subsection B of the San Marino Municipal Code.
4. Each day that an vacant property or tenant space remains unregistered shall be a separate offense.
B. It shall be unlawful and a violation of this code for an owner to fail to respond, either personally or through an authorized agent, to any contact from the city within forty-eight (48) hours, or within one (1) hour if the contact relates to an immediate public health and safety issue, which shall be treated as a strict liability offense regardless of intent.
1. If the owner or authorized agent cannot be timely reached, does not timely respond, or does not timely abate any substandard conditions, it shall be grounds for the city to proceed with summary abatement pursuant to chapter 8 article 3 of the San Marino Municipal Code.
2. If an authorized agent cannot be reached, the owner shall be liable for an infraction, which shall be punishable pursuant to section 01.04.03
A of the San Marino Municipal Code.
3. If an authorized agent cannot be reached, the owner shall be subject to an administrative fine pursuant to chapter 1 of article 6
of the San Marino Municipal Code. (Ord. 0-16-1312, 1-11-2017; amd. Ord. 0-19-1355, 2-12-2020)