Chapter 8.10
ABANDONED RESIDENTIAL PROPERTY REGISTRATION AND MAINTENANCE
Sections:
8.10.010 Findings, purpose and scope.
8.10.030 Recordation of transfer of loan/deed of trust--Assignment of rents.
8.10.050 Maintenance requirements.
8.10.060 Security requirements.
8.10.070 Additional authority.
8.10.010 Findings, purpose and scope.
The city council of the city of Kerman finds that abandoned residential properties, whether such abandonment results from the foreclosure of a home mortgage or from other causes, threaten and imperil the health, safety and welfare of the residents of the city of Kerman, by reason of the increased levels of criminal activity and vandalism, unsightly or dangerous properties created by a lack of maintenance, and decreased property values associated with or caused by such abandoned properties. Furthermore, the council finds and declares that abandoned residential properties that are accessible to unauthorized persons or that are not maintained to the neighborhood standard, as defined in this chapter, are a public nuisance and that such nuisances may in some cases require summary abatement as provided herein.
It is the purpose and intent of the Kerman city council, through the adoption of this chapter, to establish an abandoned residential property registration program and to establish procedures and related enforcement mechanisms to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Abandoned" means a property that is vacant and is under a current notice of default and/or notice of trustee’s sale or pending tax assessor’s lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and includes any properties transferred under a deed in lieu of foreclosure/sale.
"Accessible property" means a property that is accessible through a compromised/breached gate, fence, wall, etc. "Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
"Agreement" means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
"Assignment of rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
"Beneficiary" means a lender under a note secured by a deed of trust.
"Buyer" means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
"Dangerous building" means any building/structure that is in violation of any building or safety standard adopted pursuant to Title 15 of the Kerman Municipal Code.
"Days" means consecutive calendar days.
"Deed in lieu of foreclosure/sale" means a document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary or trustor of the deed of trust.
"Deed of trust" means an instrument by which title to real estate is transferred to a third-party trustee as security for a real estate or other loan. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
"Default" means the failure to fulfill a contractual obligation, including failure to comply with monetary or other conditions required by the contract.
"Distressed" means a property that is under a current notice of default and/or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
"Evidence of vacancy" 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 statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
"Foreclosure" means the process by which a property, placed as security for a real estate or other loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
"Local" means within forty road/driving miles’ distance of the subject property.
"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three-hundred-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned 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 forty road/driving miles’ distance of the subject property.
"Owner" means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
"Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the Fresno County recorder’s office.
"Property" means any unimproved or improved real property or portion thereof situated in the city, and includes the buildings or structures located on the property regardless of condition.
"Residential building" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use.
"Securing" means such measures as may be directed by the director of planning and building or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or replacement of doors, windows, glazing and/or other openings. Securing of structures shall be completed to a minimum of the current HUD securing standards at the time such securing is completed or required.
"Trustee" means the person, firm or corporation holding a deed of trust on a property.
"Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant" means a building/structure that is not legally occupied. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.030 Recordation of transfer of loan/deed of trust--Assignment of rents.
Within ten days of the purchase and/or transfer of a loan or deed of trust secured by residential property, the new beneficiary or trustee shall record, with the Fresno County recorder’s office, an assignment of rents, or similar document, that lists the name of the corporation and/or individual, the mailing address and the contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.040 Registration.
Any beneficiary/trustee who holds a deed of trust on a property located within the city of Kerman shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of default with the Fresno County recorder’s office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the director of planning and development services or his or her designee on forms provided by the city. If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or his designee, monthly until (1) the trustor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the trustee shall, within ten days of that inspection, register the property with the director of planning and development services or his designee on forms provided by the city.
In either case, the registration shall contain the name of the beneficiary/trustee (corporation or individual), the physical street or office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out-of-area beneficiary/trustee, the identification and contact information for the local property management company responsible for the security, maintenance and marketing of the property. An annual registration fee shall accompany the registration form. 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. Registration fees will not be prorated. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due.
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant. Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within ten days of the change. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.050 Maintenance requirements.
Properties subject to the registration requirements of this chapter shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, 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 that the property is abandoned. The 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. Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required. "Landscape" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. "Landscape" does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar material. "Maintenance" includes but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the state of California. Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations which may apply to the property. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.060 Security requirements.
Properties subject to the registration requirements of this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons. "Secure manner" includes but is not limited to the closure and locking of windows, doors (walkthrough, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and/or structure(s). In the case of broken windows, "securing" means the re-glazing of the window. If the property is owned by a corporation and/or out-of-area beneficiary/trustee/owner, a local property management company shall be engaged by written contract to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met, and to perform such acts as may be necessary to comply with this chapter. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.070 Additional authority.
In addition to the enforcement remedies established in this chapter, the director of planning and development services or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this chapter to implement additional maintenance and/or security measures including but not limited to securing any/all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property or to maintain the property to the neighborhood standard. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.080 Fees.
Upon the ordinance codified in this chapter becoming effective, the annual registration fee shall be fifty dollars to defray the costs of inspecting and administering the provisions of this chapter in connection with the subject real property. The city council may thereafter revise the amount of the annual registration fee by resolution in connection with the master fee resolution. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.090 Enforcement.
A. Enforcement of the requirements of this chapter may be effected by means which may include, but are not limited to, the summary abatement provisions of Title 8, 14, 15, or other applicable provisions of the Kerman Municipal Code or other law. Such enforcement mechanisms and remedies may be used cumulatively and simultaneously as necessary to protect the public health, safety and welfare.
B. Officers, law or code enforcement personnel, and their designated agents are authorized to enter onto property or into structures pursuant to all applicable laws for the purpose of inspection and/or abatement of conditions that violate the neighborhood standard or to control the accessibility of the property by unauthorized persons.
C. Conditions that violate the requirements of this chapter may be abated by the city or such agents, officers or employees as it may designate, if the owner, owner of record, or trustee of the property has not abated the violation within ten days after notice of such violation was sent by certified mail, return receipt requested, to the owner, owner of record, trustee and any known agent, property management company, foreclosure services provider or broker for any of these persons. Any such abatement shall be conducted and the costs assessed and recorded pursuant to Sections 14.01.080 through 14.01.120 of this code; provided, however, that this chapter shall be deemed to be final action ordering the abatement once the conditions and requirements of this subsection C have been satisfied.
D. If the city commences abatement pursuant to this chapter, the city shall promptly record in the official records of the county of Fresno a notice of violation of this chapter which shall identify by assessor’s parcel number, street address or legal description the property on which such violations have occurred. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.100 Appeals.
Any person aggrieved by any of the requirements of this chapter may appeal insofar as such appeal is allowed pursuant to Section 1.16.044 of the Kerman Municipal Code. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.110 Violation--Penalty.
A violation of this chapter shall be treated as a misdemeanor and 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 and/or administrative enforcement as provided by Chapter 1.16 of the Kerman Municipal Code or other applicable law. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).
8.10.120 Severability.
Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. (Ord. 08-04 §1(part), 2008: Ord. 08-03 §1(part), 2008).