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Adelanto council weighs tougher penalties for vacant land; city attorney to review legality
Summary
Councilwoman Evans presented a draft administrative-penalty ordinance targeting vacant and abandoned properties with escalating penalties, liens and potential auctions; City Attorney Todd advised legal review before action and staff were directed to return with analysis in roughly 30 days.
Councilwoman Evans (S7) outlined a draft administrative-penalty ordinance aimed at vacant land and abandoned properties that she said would create a stronger enforcement path than the city'9s current fine structure.
In her presentation Evans described a staged compliance and penalty process: notice and short cure periods followed by an initial $1,000 penalty after seven days, a 30-day window, and then an escalating daily charge if the owner fails to remedy the violation; the draft also contemplates liens and quarterly auctions for properties left unresolved. "After the 7 days... they'll incur a $1,000 penalty," Evans said while walking council through the proposed timeline and hardship and appeal provisions.
City Attorney Todd (S14) cautioned the council that the courts will look beyond labels ("penalty" vs. "fine") to determine whether an ordinance is effectively a tax and that state statutory authority must be confirmed before imposing administrative penalties at the proposed levels. "...we have to have state statutory authority to do so," Todd said, and he recommended more legal analysis before any ordinance is adopted.
Council concerns: Several council members supported stronger tools to address absentee landowners and illegal dumping but urged care to avoid hitting homeowners or occupied properties accidentally. Councilwoman Mason and others asked staff to clarify definitions (vacant land vs. occupied property), hardship waivers and the mechanics of liens and auctions. Members asked the city attorney to analyze whether a charter-city advantage applies and to return with a legal memo and suggested ordinance language within about 30 days.
Public comment: Residents urged the council to ensure support for lower-income homeowners and to coordinate with community organizations for remediation help before pursuing penalties.
Next steps: Council directed the city attorney (S14) to research the legal authority and return with recommended language and analysis; the item will return to the council at a future meeting.
