Report prepared by Craig J. Cornwell, City Attorney
Title
SUBJECT: Council Member Harris’ Request to Discuss Blighted Property Enforcement
REPORT IN BRIEF
Council Member Harris requested a discussion on whether the City needs a specific "Blighted Property Ordinance" to better address nuisance properties. This memo outlines the City’s existing legal framework under the Merced Municipal Code, as well as available enforcement tools including receivership and administrative fines.
RECOMMENDATION
Provide direction to staff on next steps.
Body
DISCUSSION
The City of Merced already has a comprehensive nuisance abatement framework in place under Merced Municipal Code (MMC) Chapter 8.40 - Abatement of Dangerous, Substandard, and Nuisance Buildings and Structures. This Chapter provides staff with substantial authority to address deteriorated, abandoned, or unsafe properties that pose risks to public health, safety, and welfare.
Merced Municipal Code Chapter 8.40 - Dangerous, Substandard, and Nuisance Structures
Chapter 8.40 authorizes the Building Official to declare a property a public nuisance if it meets any number of defined conditions, including but not limited to:
• Unpermitted or unsafe construction,
• Structural deterioration,
• Lack of maintenance resulting in fire or health hazards,
• Vacant properties that attract unlawful activity.
Upon determination, the City may issue notices to abate, conduct hearings, and if the owner fails to comply, pursue abatement through repair, demolition, or securing the property-with costs recoverable through liens or special assessments.
Health and Safety Code § 17980.7 - Receivership
When a property owner fails to bring a substandard or hazardous building into compliance, the City may petition the Superior Court to appoint a receiver-a neutral third party authorized to take possession of the property, perform necessary repairs, and recover expenses through rent collection or sale of the property. Receivership is particularly effective for absentee owners or chronically noncompliant properties.
Administrative Fines and Cost Recovery
MMC Chapter 1.12 and Chapter 8.40 allow the imposition of administrative citations and fines for violations of nuisance and property maintenance standards. Fines escalate for repeat offenders, and unpaid fines may become special assessments on the property tax roll. Additionally, if the City undertakes abatement, full cost recovery is authorized, including staff time, contractor fees, and overhead.
In conclusion, the City has a legal and procedural foundation on the books to address nuisance and blighted properties. Merced Municipal Code Chapter 8.40, in conjunction with state receivership laws and administrative enforcement, provides a range of tools to hold property owners accountable, abate public nuisances, and recover costs. Rather than pursue additional legislation, staff recommends focusing on consistent application of existing tools, periodic updates to Council, and continued collaboration between the City Attorney’s Office, Building Division, Code Enforcement, and Police Department to prioritize and address problem properties in the community.
ATTACHMENTS
1. Municipal Code Chapter 8.40