For purposes of this chapter, the following definitions apply:
A. "Active construction" means that: (i) construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than forty-five days; and (ii) the owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than fifteen days.
B. "Blight" or "blighted property" means any one or more of the following conditions or activities:
1. Abandoned Building or Structure.
a. A building or structure which is not being inhabited, occupied, or used by the owner or with the consent of the owner, and which is unsecured. For purposes of this chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.
b. A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six months or more.
2. Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
3. A building or structure which is in a state of disrepair:
a. Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
b. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
c. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
d. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
4. Property Inadequately Maintained.
a. Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
b. Solid waste, which includes "garbage," "refuse," and "rubbish," and all "solid waste" as may be defined in this code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a city-approved container, and is present for more than seventy-two consecutive hours; or (2) the accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this code.
5. Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. "Polluted water" is defined for the purpose of this chapter as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
C. "Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's zoning code.
D. "Commercial properties" means all properties in the city that are not developed for solely single family residential uses. The term "commercial properties" includes apartment buildings that include five or more rental units.
E. "Development related agreement" means an agreement between the city and at least one other person or entity whereby an owner secures the authorization and approval of the city, whether through a duly authorized written contract, or via a land use permit or entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant property is located.
F. "Enforcement official" means the city manager or his or her respective designees.
G. "Evidence of vacancy" means any evidence that, in the totality of the circumstances, would lead a reasonable enforcement official to believe that an improved property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property: statements by neighbors, passersby, delivery agents, and government employees that the property is unoccupied.
H. "Local" means within forty driving miles of the building, structure, or real property in question.
I. "Out of area" means in excess of forty road or driving miles of the building, structure, or real property in question.
J. "Owner" means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor's office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.
K. "Person" means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
L. "Unoccupied" means not legally occupied. Factors that may be used, either alone or in combination, to determine whether a property is unoccupied include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, and government employees that the property is unoccupied.
M. “Vacant property" means any real property in the City of Signal Hill that is: (1) unoccupied and unsecured; (2) unoccupied and secured by boarding or other similar means; (3) unoccupied and has multiple code violations; (4) has been unoccupied for more than thirty days; (5) unoccupied and subject to a current notice of default, notice of trustee's sale, or pending tax assessors lien sale; or (6) unoccupied and conveyed by a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust or conveyed via a deed in lieu of foreclosure. (Ord. 2023-11-1545 § 11 (part), 2023)