At its April 2 meeting, the Martinez City Council will hold a study session on several code enforcement items.
Under the agenda, the council will receive report, engage in discussion, and provide guidance on potential updates to the Martinez Municipal Code (“MMC”) to strengthen code enforcement, specifically addressing property maintenance issues and prolonged building vacancies.
According to the staff report, the City of Martinez experienced 238 open code enforcement cases, including unresolved cases carried over from prior years. Since 2024, City code enforcement staff, working with the responsible owners, were able to resolve approximately 69% of open code enforcement cases without nuisance abatement; this is a decrease in the previous success rate of 97% reported in November 2023 through the use of the administrative citation process.
Currently there are 121 active code enforcement cases. The City continues to receive public comments from residents concerned about ongoing code violations, property nuisances, vacant commercial buildings, and fire-damaged properties in their neighborhoods.
Enforcement of Property Maintenance Standards Through Nuisance Abatement
According to the city, the most common property maintenance complaints in Martinez include excessive debris/junk viewable from the public right-of-way, graffiti on private property, overgrown vegetation, fire-damaged or blighted properties (violations of MMC Section 8.36.030) and vacant and unmaintained buildings downtown– Most property maintenance violations are quickly resolved by the owner after Code Enforcement staff sends the property owner an initial Notice to Cure letter, for those that are not, they have a process.
The city will now look to make the nuisance abatement an effective tool to correct violations on properties when the responsible owner refuses to do so. Staff is proposing the following:
- Remove the Planning Commission from the process. Only one public hearing is required to find and declare that a property constitutes a public nuisance and must be abated by either the property owner (within a prescribed period of time) or by City forces (e.g., through a vendor hired by the City), with the costs of the abatement the responsibility of the property owner.
- Once the abatement process is completed, a second public hearing before the City Council is scheduled to confirm the costs, including all staff administrative costs and attorneys’ fees involved in the abatement process, and to order a special assessment lien be placed on the property, if unpaid by the owner. This process ensures that the City’s costs in code enforcement are recovered from the owner responsible for the nuisance condition.
Staff is also recommendation to update the nuisance abatement procedure, staff recommends establishing an on-call contract system with pre-qualified vendors for who can perform the abatement when ordered, similar to programs in Concord, Pleasant Hill, and Walnut Creek. Services covered under this system would include weed and brush abatement, graffiti removal, junk and debris removal, securing abandoned structures, and other necessary “minor” (e.g., not involving repairs or improvements) property maintenance and nuisance abatement efforts.
Vacant Buildings
Vacant commercial buildings in Martinez contribute to blight, lower property values, and cause safety concerns such as vandalism and unauthorized use. These properties also impact the community’s appeal and hinder economic growth.
To address this issue, the City Council could consider directing staff to develop a “Vacant to Vibrant” program, designed to incentivize property owners to repurpose, maintain, lease, or sell vacant buildings. Similar programs in cities such as San Francisco, Rio Vista, Corning, and Fairfield have successfully promoted commercial property revitalization through a combination of incentives and enforcement measures. Such a program combines an additional set of standards for maintenance of vacant properties (including commercial properties) and enforcement mechanisms.
Key program elements may include:
- Time Limits on Vacancy (e.g., 30 days to six months) with required compliance steps as to not impact properties actively marketing or improving their parcel.
- Property Maintenance Standards examples include clean exteriors, landscaping upkeep, trash removal, required compliance with current Building Codes regarding structural integrity, plumbing, electrical and mechanical, all City zoning codes and fire safety, with space(s) prepared for occupancy.
- Storefront Activation of commercial buildings, through creative window displays which may include public art, or faux displays depicting goods/services of an existing or neighboring business operation.
- Incentives for Compliance, such as streamlined permitting or waiver of all or a portion of monitoring fees for compliance.
- Registration of Vacant Buildings. Creation of a registry with property address and APN, name and contact information of owner and owner’s agent, date building became vacant, with an annual registration fee for each year the property remains vacant.
- Monitoring Program and Fee. Requiring periodic inspections by the owner or agent with staff to monitor compliance with the program. Monitoring fee to cover staff time for inspections, to be completed on a periodic basis, such as monthly or quarterly.
- Deposit for Monitoring Fee could be imposed for estimated 6-12 months of staff time for inspections and placed in a dedicated fund to incentivize compliance.
- Fee Waiver or partial refund for properties that meet Maintenance Standards and do not contribute to blight conditions.
The following is a series of questions for the City Council to assist staff in developing standards for Martinez:
- Interest in Code Modifications: Does the Council wish to proceed with MMC code modifications to 1) improve, simplify and enhance the nuisance abatement procures and establish property maintenance standards regarding vacant buildings and/or implement a “Vacant to Vibrant” program?
- Program Components: Which specific elements of the outlined “Vacant to Vibrant” program does the Council want to pursue?
- Vacancy Compliance Timeline: What is an acceptable duration for a building to remain vacant before compliance measures are initiated?
- Extensions: Should extensions of permissible vacancy periods apply to properties affected by fire, ownership transfer, floods, or other incidents?
- Deposit Fund Considerations: If a deposit fund is supported for staff costs in monitoring compliance with new maintenance standards for vacant commercial buildings, what would be a reasonable amount? Should there be a deadline after which the property owner forfeits the deposit for non-compliance, e.g., failure to schedule inspections to obtain and maintain compliance?
Public Noticing and Outreach
The meeting agenda was posted at City Hall and on the City’s website, sent via electronic mail to approximately 215 downtown businesses, and mailed via first class to approximately 150 property owners in the downtown core. No public comments were received at the time this staff report was prepared.
Previous Actions:
Following the previous study sessions and in response to the City Council’s feedback, the following measures have been taken to strengthen code enforcement using existing tools
Strengthening Enforcement & Compliance
- Reduced response time to 10 days for hazardous violations and repeat offenders.
- Increased monitoring of longstanding cases with weekly follow-ups.
- Reinforced commitment to enforcing existing codes and encouraging voluntary Compliance
Streamlining Processes & Authority
- Developed a software module to better track citations, case progress, and intake forms.
- Began providing more frequent updates to the City Council on longstanding cases
Enhancing Notification & Communication
- Added posting of violation notices on buildings to supplement certified and regular mail, ensuring proper legal notification.
- Proactively following up with property owners to provide support.
- Updated City website to provide resources and simplify processes to submit complaints.
Proactive Initiatives
- Launched a downtown graffiti and blight enforcement effort (43 notices, 23 cases resolved).
- Held one-on-one Economic Development meetings with over 20 commercial property owners downtown.
- Inventoried downtown properties needing maintenance or repairs.
- Conducted a citywide windshield survey on housing rehabilitation needs and mailed resources to affected property owners.
Research & Best Practices
- Reviewed neighboring cities’ ordinances to improve vacant building regulation Compliance
According to the staff report, in spite of these increased staff efforts, the closure rate of open code enforcement cases via voluntary owner compliance has fallen from 97% in 2023 to approximately 69%
If You Go
Martinez City Council
DATE: Wednesday, April 2, 2025
TIME: 5:30 PM – Study Session
7:00 PM – Regular Session
PLACE: Council Chamber, 525 Henrietta Street, Martinez, CA 94553; and Councilmember Greg
Young will be participating virtually from Hilton Washington DC Capitol Hill, located
525 New Jersey Avenue NW, Washington, DC 20002
Agenda – click here
