Council tentatively approves vacant building register

BARSTOW • The city may soon keep a register of vacant or abandoned buildings and their owners, as well as obtain the powers to demolish a structure the city manager considers an immediate threat to public safety.

The number of vacant buildings grew from about 120 to 170 in the last 10 years, said City Building Official Bob Cooper. Cooper requested Monday that the Barstow City Council set a criteria for registering vacant and abandoned buildings as well as establish a set of rules owners must follow. The rules include requiring the beneficiary or trustee of the property to inspect the building. Cooper said the city would not enter property to inspect it.

City Planner Mike Massimini introduced an update to the nuisance abatement code that would “pick up where the vacant building ordinance leaves off.” The proposed update would give the city manager the authority to abate a nuisance — including demolishing buildings — considered to be an imminent hazard. Massimini said the current code made it almost impossible for the city to demolish a building. Also under the proposed code, protest hearings wouldn’t have to be held unless it’s at the owner’s request.

The City Council voted 3-1-1 in favor of the building registration program. Barstow Mayor Joe Gomez dissented, saying he was worried that such a program would cause someone to sue the city in the future. Councilmember Willie Hailey Sr. abstained. When it came to voting on the updated nuisance abatement code, however, the Council unanimously approved it. Both items will be brought back for a second reading and a vote at the Feb. 16 Council meeting.

Gomez said he didn’t feel comfortable setting up a registration program for vacant or abandoned buildings. He compared it to eminent domain, saying he felt like it was taking property away from its owner.

“These actions will come back to bite us later on,” he said. “I’m thinking of the challenges ahead.”

Hailey, who was concerned about the building registration program’s appeals process, said appeals should be handled by the City Council. According to the vacant building chapter, the city manager would handle any appeals made by the building’s owner. His or her decision would be final.

Hailey motioned to make the appeals process the City Council’s responsibility. However, Mayor Pro Tem Julie Hackbarth-McIntyre and Councilmember Tim Saenz motioned to approve the recommended action. Gomez seconded Hailey’s motion after Hackbarth-McIntyre and Saenz made their motion.

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