On Wednesday, the Martinez City Council will vote on amending its Nuisance Abatement Procedures and Standards of Maintenance for Properties, Including Vacant Commercial Properties.
The city aims to enhance enforcement effectiveness after receiving feedback regarding ongoing code violations, property nuisances, vacant commercial buildings, and fire-damaged properties. The council wanted a simplified procedure for nuisance abatement, updating code enforcement tools, updating the required property maintenance standards while also addressing the blight created by longstanding vacant commercial structures and fire-damaged buildings
This comes after November 2023 when City staff presented initial recommendations to the City Council to potentially strengthen Code Enforcement. Proposed changes included:
- Increased fines for violations.
- Streamlined nuisance abatement by shifting authority from the Planning Commission to the City Council for serious cases.
- Expanded definitions of public nuisances.
- Withholding other permits until violations are corrected
- Adding a new provision (MMC §8.36.080) to allow the City to withhold permits, licenses, and entitlements until compliance is achieved.
Under the proposal, administrative citations would be:
General Code Violations
- $100 – First violation
- $200 – Second violation
- $500 – Each additional violation of the same ordinance within one year
Building & Safety Code Violations
- $130 – First violation
- $700 – Second violation
- $1,300 – Each additional violation of the same ordinance within 12 months
- $2,500 – Each violation of the same ordinance within a two-year period
Short-Term Rental (“STR”) Violations (30 consecutive days or less)
- $1,500 – First violation
- $3,000 – Second violation within the same year
- $5,000 – Each additional violation within one year
- Includes a procedure for a hardship waiver
The new provisions provide for an administrative appeal to contest the administrative citation to the City Council. The City may use any civil remedy to collect the fines. Additionally, the City may withhold issuance of any license, permit, or other entitlement regarding a property subject to an administrative citation, until the citation is paid.
Property Maintenance Standards
Establishes standards for property maintenance by defining conditions that constitute a “nuisance.” Recent amendments clarify and expand these conditions as follows:
- Structurally unsafe buildings
- Properties partially destroyed by fire
- Properties left in an unreasonable state of partial construction, even if a building permit has been issued
- Weeds or decayed landscaping
- Accumulation of rubbish or dumping
- Storing of materials
- Deteriorated fencing
- Any system violating Chapter 13.16
- STRs not otherwise permitted, which aligns with Housing Element Program 11.U, which directs the City to address STRs and their impact on housing stock until a formal STR permit process is established
- A violation of any provision or condition of approval imposed with a lease, license, franchise agreement, certificate or other entitlement of the City, whether temporary or permanent
Vacant Commercial Structures
Vacant commercial buildings in Martinez contribute to blight, lower property values, and safety concerns such as vandalism and unauthorized use. These properties also impact the community’s appeal and hinder economic growth.
The regulation of vacant commercial structures has been entirely revised, based on feedback from the City Council and the public, and now provides the following:
- The property owner of any vacant commercial structure must register it with the City within 90 days of becoming vacant, unless the property is “ready for occupancy,” e.g., it is compliant with all building, fire, health, zoning, and safety codes and in a condition for immediate use, lease, or sale, and is actively being offered by rent, lease, or sale;
- Building registration includes identifying an existing property management service provider and security service;
- The Vacant Commercial Structure Registry is a public record;
- Properties on the Vacant Commercial Structure Registry shall pay registration and inspection and re-inspection fees (set by separate City Council Resolution and the City fee schedule);
- All vacant commercial properties must comply with standards of maintenance, including removal of debris from both the interior and exterior of the structure, locking/securing doors and windows, potential capping of sewer and termination of utilities (as determined by the Building Official); installation of security measures; removal of signage advertising abandoned uses or uses not present on site (except as permitted by Planning Manager or Building Official); and
- Additionally, “storefront activation” is required to construct and maintain window displays (such as faux window dressings, artwork, promotions of City events, etc.), as approved by City; and maintenance of adequate liability insurance.
- A new Section 8.38.120 regarding requirements for a demolition permit have been added in response to community comments at the July 7, 2025, listening session that property owners of vacant buildings may choose to demolish the building rather than repair it for lease or sale. This provision requires that before a building that is 50 years or older may be demolished, a discretionary demolition permit is required, supported by evidence that the property is not an actual or potential historic resource.
If You Go
Martinez City Council Meeting
September 3, 2025
7:00 pm
525 Henrietta Street, Martinez CA
Agenda: Click Here