Chapter 8.34
ABANDONED RESIDENTIAL PROPERTY REGISTRATION AND PROPERTY MAINTENANCE
Sections:
8.34.020 Purpose and findings.
8.34.040 Inspection, registration and fees.
8.34.050 Maintenance requirements.
8.34.060 Security requirements.
8.34.070 Signage requirements.
8.34.080 Declaration of public nuisance.
8.34.100 Notice of and civil penalty.
8.34.110 Civil penalty imposed.
8.34.130 Joint and several liability.
8.34.010 Title.
This chapter shall be known as the “abandoned residential property registration and property maintenance ordinance.” (Ord. 668-2009 § 1 (part), 2009)
8.34.020 Purpose and findings.
It is the purpose and intent of the city council of the city of Cloverdale, through the adoption of this chapter, to establish an abandoned and distressed residential property registration program and maintenance requirements for abandoned residential properties as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties and to establish uniform and reasonable regulations to prevent immediate risk and detrimental effects associated with abandoned and distressed properties.
The city council of the city of Cloverdale finds that abandoned and distressed residential properties pose a risk to the public peace, health and safety of citizens in that the detrimental effects from the lack of security and maintenance of abandoned and distressed residential properties endanger children unprotected from unsecured pools and other attractive nuisances, lead to neighborhood decline, contribute to lower property values, discourage potential buyers from purchasing a home adjacent to or in the neighborhoods with abandoned and distressed residences, and further endanger neighborhoods affected by the resulting squatting, vandalism, burglaries and other crimes.
The city council of the city of Cloverdale further finds that the city will incur additional costs in administering and implementing the abandoned and distressed residential properties registration program and that it is in the best interests of the public for the city to recover the said costs through imposition of a registration fee. (Ord. 668-2009 § 1 (part), 2009)
8.34.030 Definitions.
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Abandoned property” means residential property that is vacant or displays evidence of intent to abandon the property and is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale, or residential property that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or residential property transferred under a deed in lieu of foreclosure/sale.
“Agreement of sale” means any agreement or written instrument that provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
“Beneficiary” means a lender under a note secured by a deed of trust. Beneficiary shall also include a beneficiary’s authorized agent, property management company or property manager.
“Buyer” means any person, partnership, co-partnership, association, corporation, fiduciary or any entity that agrees to transfer anything of value in consideration for property described in the agreement of sale, as defined in this chapter.
“Days” means consecutive calendar days.
“Deed in lieu of foreclosure/sale” means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
“Deed of trust” means an instrument describing the real property and by which title to real property is transferred to a third party trustee as security for repayment of a real property loan or an obligation. This definition applies to any and all subsequent deeds of trust, including but not limited to second trust deeds, third trust deeds, etc.
“Default” means the failure to fulfill a contractual obligation, whether monetary or conditional.
“Distressed property” means a residential property that is occupied by a person or persons having the right to use and/or the right of possession of the property and that is under a current notice of default and/or notice of trustee’s sale or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee via deed in lieu of foreclosure/sale.
“Evidence of intent to abandon” means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; and/or statements, based on observations by neighbors, passersby, delivery agents, or government employees that the property is vacant.
“Foreclosure” means the process by which a property, pledged as security for a real estate loan, is sold at an auction to satisfy the debt if the trustor (borrower) defaults.
“Landscape” includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar materials, paintings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.
“Landscape maintenance” includes, but is not limited to, regular watering, irrigation, cutting, pruning, mowing, weeding, leaf removal, and removal of all vegetation trimmings.
“Local” means within fifteen road/driving miles distance of the abandoned or distressed property.
“Local property manager” means a person or firm charged with overseeing, administering or maintaining real property for a fee on behalf of an out-of-area beneficiary, trustee, or owner of abandoned or distressed residential property located within the city.
“Neighborhood standard” means those conditions that are present on a simple majority of properties within a three-hundred-foot radius of any abandoned or distressed property. The abandoned or distressed property that is the subject of a neighborhood standard comparison, or any other abandoned or distressed property within the three-hundred-foot radius, shall not be counted toward the simple majority.
“Notice of default” means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.
“Out-of-area” means in excess of fifteen road/driving miles distance of the subject property.
“Owner” means any person, partnership, co-partnership, association, corporation, fiduciary or any other legal entity having legal or equitable title to or any interest in the residential property.
“Owner of record” means the person, partnership, co-partnership, association, corporation, fiduciary or any other legal entity having record title to real property at any given point in time the record is provided by the Sonoma County recorder’s office.
“Residential property” means any improved real property, or portion thereof, situated in the city of Cloverdale, designed, built or permitted to be used for dwelling purposes, specifically including the buildings and structures located on such improved real property. Residential property further includes any real property being offered for sale, trade, transfer, or exchange as residential, regardless of whether it is legally permitted or zoned for such use.
“Secured” means treated with such measures as may be directed by the city manager or his or her designee that assist in rendering the abandoned property inaccessible to unauthorized persons, squatters, and trespassers, including, but not limited to, the closure, locking, padlocking, chaining, repair and/or boarding of fence(s), wall(s), gate(s), window(s), door(s), including walk-through, sliding and/or garage doors, and/or other openings of such size that may allow a child access to the interior of the unsecured property. In case of broken windows, “secured” includes the reglazing or boarding of the window. Boarding shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required, and shall additionally require painting the boards with an exterior grade paint that matches the color of the unsecured property.
“Trustee” means the person, partnership, co-partnership, association, corporation, or fiduciary holding a deed of trust on a property. “Trustee” shall include any authorized agent, property management company or property manager of a trustee.
“Trustor” means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
“Unsecured property” means an abandoned property and any structure or building on the abandoned property that is accessible through a compromised, breached or broken gate, fence, wall, window, door, or similar entry points and/or is unsecured so as to allow access to any interior space by unauthorized persons or trespassers.
“Vacant” means a building or structure that is not currently legally occupied. (Ord. 668-2009 § 1 (part), 2009)
8.34.040 Inspection, registration and fees.
A. Inspection and Registration. Any beneficiary or trustee, who holds a deed of trust on a residential property located within the city of Cloverdale, shall perform an inspection of the residential property that is the security for the deed of trust upon default by the trustor and prior to recording a notice of default with the Sonoma County recorder’s office.
1. If the residential property is found to be vacant or shows evidence of intent to abandon, it is, for purposes of this chapter, deemed abandoned and the beneficiary or trustee shall, within ten days of the inspection or the date of vacancy, whichever is earliest, register the residential property with the city manager or his or her designee on forms provided by the city.
2. If the residential property is occupied but remains in default, it shall be deemed distressed, and it shall be inspected by the beneficiary or trustee on a monthly basis until either: (a) the trustor or another party remedies the default; or (b) it is found to be vacant or shows evidence of intent to abandon, at which time it is deemed abandoned, and the trustee shall, within ten days of that inspection or the date of vacancy, register the property with the city manager or his or her designee on forms provided by the city.
B. Contents of Registration. The registration required under this chapter shall contain: (1) the name of each beneficiary, trustee and owner; (2) the direct street/office mailing address of each beneficiary, trustee, and owner, excluding post office boxes; (3) a direct contact name and direct phone number for each beneficiary, trustee and owner; and (4) in the case of a corporation or out-of-area beneficiary, trustee, or owner, the local property management company or property manager responsible for the security, maintenance and marketing of the property. Any change in the registration information required under this section shall be reported to the city within ten days of the change.
C. Registration Fee. The fee for registering an abandoned residential property shall be an amount set by resolution of the city council. An annual registration fee shall accompany the registration form. The abandoned residential properties registration fee will be used to finance the cost of inspection, administration and enforcement under this chapter. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations are due January 1st of each year and must be received no later than January 31st of the year due. Residential properties subject to this chapter shall remain under the annual registration, security and maintenance requirements of this chapter as long as the properties remain vacant and/or abandoned.
D. Out-of-Area Beneficiary, Trustee or Owner. An out-of-area beneficiary, trustee or owner of an abandoned or distressed property shall retain a local property manager, who shall inspect the residential property as required by this chapter to determine whether the abandoned or distressed property is in compliance with the requirements of this chapter. The local property manager shall maintain a current city business license for all periods of time during which the local property manager is in charge of a property located within the city.
E. Failure to Register Property. If any beneficiary, trustee and/or owner fails to register the residential property, as required by this chapter, the city may register the residential property and impose the annual registration fee on the beneficiary, trustee and/or owner. Notice shall be provided pursuant to Chapter 1.20, except that notice shall be provided to: (1) each beneficiary and/or trustee, prior to completion of foreclosure or deed in lieu of foreclosure/sale transaction; or (2) each owner or owner of record after completion of foreclosure or deed in lieu of foreclosure sale transaction, as the address appears on any instrument conveying title to the property, as the address appears on the last equalized assessment roll or as known to the city manager or his or her designee. The notice shall provide the amount due for the registration fee, shall state that the property has not been registered as required by this chapter and shall constitute enrollment in the city’s abandoned residential property registration program. The city may collect any unpaid registration fee by use of any method authorized by law. (Ord. 668-2009 § 1 (part), 2009)
8.34.050 Maintenance requirements.
To the extent permitted by law, abandoned property shall be maintained by the beneficiary, trustee, or owner or a designated agent thereof in a manner comparable to the neighborhood standard. At minimum:
A. Abandoned property shall be maintained so as to be kept free of evidence of intent to abandon;
B. Abandoned property shall be maintained free of weeds, dry brush, dead vegetation, trash, junk, debris and excessive foliage growth that diminishes the value of surrounding properties;
C. Abandoned property shall be maintained to prevent mosquito larvae from growing in standing water;
D. Abandoned property shall be maintained free of any building materials; any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law); discarded personal items, including but not limited to furniture, clothing, large and small appliances; printed material; or any other items that give the appearance of intent to abandon the property;
E. Abandoned property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure, following a notice pursuant to Section 8.34.100 or notice pursuant to California Civil Code Section 2929.3, whichever applicable;
F. Maintenance of abandoned properties shall include landscape maintenance of visible front and side yards; and
G. Pools and spas on abandoned properties shall either (1) be kept in working order so the water remains clear and free of pollutants and debris; or (2) drained and kept dry. In either case, abandoned properties with pools and/or spas must comply with the minimum security fencing requirements of the state of California.
Compliance with this section does not relieve the beneficiary, trustee, or owner of any obligations set forth in any local, state or federal laws or any covenants, conditions and restrictions and/or homeowners’ association rules and regulations that may apply to the residential property. (Ord. 668-2009 § 1 (part), 2009)
8.34.060 Security requirements.
To the extent permitted by law, any abandoned property shall be secured, as defined in this chapter. In addition, the abandoned property shall be secured in a manner that would prevent trespassers, squatters or unauthorized persons from entering and/or remaining on the property. (Ord. 668-2009 § 1 (part), 2009)
8.34.070 Signage requirements.
Any abandoned property shall be posted with the name and twenty-four-hour contact phone number of the trustee, beneficiary, owner or a local property management company that must be retained by an out-of-area beneficiary, trustee or owner. The posting shall be no less than eighteen inches by twenty-four inches and shall be of a font that is legible from a distance of forty-five feet and shall contain along with the name and twenty-four-hour contact number the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL.” The posting shall be placed on the interior of a window facing the street to the front of the abandoned property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials.
The local property manager or property management company shall inspect the abandoned property on a weekly basis to determine if the property is in compliance with this chapter or if notification of noncompliance is reported to the local property manager or property management company. The property shall be brought back into compliance with this chapter within seventy-two hours of it becoming out of compliance herewith. (Ord. 668-2009 § 1 (part), 2009)
8.34.080 Declaration of public nuisance.
Pursuant to the city’s police powers authorized in Article XI, Section 7 of the California Constitution, as well as under Chapters 1.10 and 8.02 of this code and other provisions of California law, including, but not limited to, California Government Code Section 38771, the city council hereby declares that violation of this chapter, including but not limited to the registration, inspection, maintenance and security requirements of this chapter shall constitute a public nuisance. (Ord. 668-2009 § 1 (part), 2009)
8.34.090 Prohibited acts.
Failure to inspect, register, secure, maintain, or post signage on residential property in the city in accordance with the requirements of this chapter is unlawful and a violation of this chapter. Each day a violation of this chapter exists constitutes a separate offense and is subject to all applicable penalties in this chapter, this code, and all other applicable law. (Ord. 668-2009 § 1 (part), 2009)
8.34.100 Notice of and civil penalty.
Whenever the city manager or his or her designee or a code enforcement officer finds that a provision of this chapter has been violated, he or she may issue the responsible person a notice of violation, pursuant to pertinent sections of Chapter 1.14, as they apply to real property related violations. (“NOV”). (Ord. 668-2009 § 1 (part), 2009)
8.34.110 Civil penalty imposed.
A. Pursuant to California Civil Code Section 2929.3, the city of Cloverdale may impose a civil penalty in an amount not to exceed one thousand dollars per day for failure to maintain and secure the abandoned property, as required by this chapter; provided, that the notice requirements of Civil Code Section 2929.3 are satisfied as follows:
1. The city first issues a notice of violation, as provided in Section 8.34.100, which also states that the city shall impose the civil penalty pursuant to this section if actions necessary to address the violation(s) at the abandoned property are not commenced within a period of not less than fourteen days and completed within a period of not less than thirty days, from the date of mailing of notice of violation; and
2. In addition to the requirements set forth in Section 8.34.100, the notice of violation shall be mailed to the address provided in the deed of trust or other instrument as specified in Section 27321.5(a) of the California Government Code, or if none, to the return address provided on the deed or other instrument.
B. The city shall not impose a civil penalty pursuant to this section together with civil or administrative fines authorized by Chapters 1.13 and 1.14 of the city of Cloverdale Municipal Code.
C. The civil penalty imposed by this section shall stay in effect until January 1, 2013, the expiration date of Section 2929.3 of California Civil Code, unless extended by the state legislature. (Ord. 668-2009 § 1 (part), 2009)
8.34.120 Violation/penalty.
Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapters 1.10 through 1.20 of the Cloverdale Municipal Code or any other enforcement and legal remedies available to the city under the law. (Ord. 668-2009 § 1 (part), 2009)
8.34.130 Joint and several liability.
Each beneficiary, trustee and owner of record shall be jointly and severally liable for registration and maintenance of abandoned residential property within the city and for complying with the requirements of this chapter. (Ord. 668-2009 § 1 (part), 2009)
8.34.140 Enforcement.
In addition to Section 8.34.110, violations of this chapter may be enforced in any combination as permitted by Chapters 1.10 through 1.20 of this code or any other enforcement and legal remedies available to the city under the law. However, in no event shall the city impose a civil fine pursuant to Section 8.34.110 together with any civil or administrative fine authorized by Chapters 1.13 and 1.20 of this code. (Ord. 668-2009 § 1 (part), 2009)
8.34.150 Appeals.
Any person aggrieved by any provision of this chapter, including the imposition of a civil penalty pursuant to Section 8.34.110 of this chapter, may appeal the action taken or any penalty imposed pursuant to procedures for an appeal of administrative citations, as provided in Chapter 1.18. (Ord. 668-2009 § 1 (part), 2009)