Chapter 8.29
ABANDONED RESIDENTIAL PROPERTY REGISTRATION
Sections:
8.29.050 Maintenance requirements.
8.29.060 Security requirements.
8.29.070 Additional authority.
8.29.110 Penalties for violation.
8.29.010 Purpose and scope.
It is the purpose and intent of the Seaside city council, through the adoption of this chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
Nothing in this chapter shall be interpreted to allow or encourage circumvention of any state or federal foreclosure statute. (Ord. 996 § 1, 2011)
8.29.020 Definitions.
For the purposes of this chapter, certain words and phrases used are defined as follows:
“Abandoned” means a property that is vacant and is under a current notice of default or notice of trustee’s sale and is not currently being offered for sale, rent or lease by the owner subject to such action(s) (currently being offered for sale, rent or lease is evidenced by a sign posted on the subject property advertising the property for sale, rent or lease with contact information and current phone number or an active listing in an electronic database accessible to city staff), or property that has been the subject of a foreclosure sale where the title was retained by the beneficiary involved in the foreclosure and any property transferred under a deed in lieu of foreclosure, whether or not the property is being marketed for sale, rent or lease.
“Accessible” means a property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecured gate, door, fence, wall, window, or other point of entry.
“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.
“Beneficiary” means a lender or other entity under a note secured by a deed of trust.
“Building official” means the building official of the city of Seaside.
“Buyer” means any person, copartnership, association, corporation, or fiduciary that agrees to transfer anything of value in consideration for property described in an agreement of sale.
“City manager” means the city manager of the city of Seaside.
“Days” means consecutive calendar days.
“Deed in lieu of foreclosure” means a recorded document that transfers 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 by which title to real estate is transferred to a third party trustee as security for a real estate loan. Used in California instead of a mortgage, this definition applies to any and all subsequent deeds of trust, e.g., second trust deed, third trust deed, etc.
“Default” means the failure to fulfill a contractual obligation, monetary or conditional.
“Distressed” means a property that is under a current notice of default or notice of trustee’s sale or there has been a foreclosure by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure.
“Evidence of occupancy” means any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include, but are not limited to, secured/locked structures; active utility services; the absence of overgrown or dead vegetation; the absence of accumulated newspapers, circulars, flyers or mail; the absence of accumulated trash, junk or debris; the presence of window coverings such as curtains, blinds or shutters; the presence of furnishings or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.
“Evidence of vacancy” means any condition visible from the exterior 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 or dead vegetation; accumulated newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulated trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
“Field service provider” means an individual, entity or department that is responsible for inspecting, securing, and maintaining abandoned property.
“Foreclosure” means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
“Inspection” means a physical investigation at a property to obtain evidence of occupancy or vacancy or to verify compliance with this chapter and any other applicable code or law. Although interior inspections may be allowed under a deed of trust, they are not required by this chapter.
“Neighborhood standard” means those conditions that are present on a simple majority of properties within a three-hundred-foot radius of the subject 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.
“Owner” means any person, copartnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
“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.
“Property preservation/real estate owned (REO) section/department” means the entity, group, section, department or the designee of a beneficiary that is responsible for inspecting, securing and maintaining abandoned and REO property.
“Residential” means any property or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include all buildings and structures located on such property. This includes any property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted or zoned for such use.
“Responsible party” means the beneficiary that is pursuing foreclosure of a property subject to this chapter secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at trustee’s sale.
“Securing” means such measures as may be directed by the building official or his or her designee so that the property is not accessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or boarding of doors, windows or other openings. Boarding shall be completed to a minimum of the current federal Department of Urban Development (HUD) securing standards at the time the boarding is completed or required. Locking includes measures that require a key, keycard, tool or special knowledge to open or gain access.
“Substitution of beneficiary of deed of trust” means an instrument that transfers the beneficial interest under a deed of trust from one beneficiary to another.
“Trustee” is the person, firm, entity, or corporation holding a deed of trust secured by the property.
“Trustor” is a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
“Turf stain” means the application of an environmentally safe stain or dye that colors dead or dormant vegetation green.
“Vacant” means a building or structure that is not legally occupied. (Ord. 996 § 1, 2011)
8.29.030 Recordation of transfer of loan/deed of trust – Substitution of beneficiary of deed of trust.
Within ten days of the purchase or transfer of a loan/deed of trust secured by residential property, the new beneficiary/trustee shall record with the Monterey County recorder’s office a substitution of beneficiary of deed of trust, or similar document, that lists the name of the corporation, entity or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust. (Ord. 996 § 1, 2011)
8.29.040 Registration.
Any responsible party/beneficiary or their designee shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, within ten days of recording a notice of default with the Monterey County recorder’s office. If the property is found to be vacant or shows evidence of vacancy, it is deemed abandoned under this chapter and the responsible party/beneficiary shall, within ten days of the inspection, register the property.
Registration may be accomplished by either of the following methods:
A. By completing and returning to the building official or his/her designee a city-provided registration form with the required fee; or
B. By registering with a city-approved national database that contains the information set out below and which service the city may access at no cost.
Nothing in this section shall prohibit the use of both methods of registration.
From time to time, the building official may approve an acceptable national database(s) which shall be identified in writing and which shall be posted in the resource management services department and on the city’s website.
If the property is occupied but remains in default it shall be inspected by the responsible party/beneficiary, or their designee, monthly until (1) the trustor or another party remedies the default, or (2) it is deemed abandoned. The responsible party/beneficiary or their designee shall, within ten days of that inspection, register the property as described above.
The registration shall contain the name of the beneficiary/responsible party, the direct street/office mailing address of the responsible party/beneficiary, a direct contact name and phone number for the responsible party/beneficiary and the name, address and phone number of the property management company, field service provider, property preservation or real estate owned (REO) section/department responsible for inspecting, securing, and maintaining the property. Post office box addresses shall not be used for beneficiary/responsible party registration purposes.
In the case of hard copy registration under subsection A of this section, initial registration fee shall accompany the registration form. The registration shall be valid for as long as the registered property remains subject to this chapter. Any change to the information required on the registration shall be reported to the building official or his/her designee in writing within ten days of the change. The city of Seaside shall not be responsible for verifying the accuracy of the information provided.
This section shall also apply to property that has been the subject of a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property transferred under a deed in lieu of foreclosure.
Property subject to this section shall remain under the registration requirement, security and maintenance standards of this chapter as long as the property remains abandoned. It is the obligation of the responsible party/beneficiary/owner to inform the city of any pending action, such as a bankruptcy, other court or administrative action that would prohibit the responsible party/beneficiary/owner from taking any of the actions required in this chapter. (Ord. 996 § 1, 2011)
8.29.050 Maintenance requirements.
The exterior of the property 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.
Insofar as there is existing or previously existing landscaping, all visible yard areas shall be maintained to the neighborhood standard at the time registration was required. If no landscaping previously existed at the property in front and visible side yards, installation is not required under this chapter.
Landscaping includes, but is not limited to, grass, turf stain, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf designed specifically for residential installation.
Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch (unless applied in conjunction with reseeding of turf areas), indoor-outdoor carpet or any similar material.
Maintenance includes but is not limited to regular watering, irrigation, staining, restaining, cutting, pruning and mowing of required landscape and removal of all trimmings.
Pools, hot tubs 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 or spas must comply with the minimum security fencing requirements of the state of California.
Adherence to this section does not relieve the beneficiary/responsible party of any obligation set forth in any covenant, condition and restriction or any homeowners’ association rule or regulation which may apply to the property. (Ord. 996 § 1, 2011)
8.29.060 Security requirements.
Property subject to 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 (walk-through, sliding or garage), gates or any other opening of such size that leave it accessible. In the case of broken windows, securing means the glazing or replacement of the window. Locking includes measures that require a key, keycard, tool or special knowledge to open or gain access.
The responsible party/beneficiary or their designee shall perform monthly inspections to verify that the requirements of this section are being met.
If the responsible party/beneficiary does not have a property-preservation or real estate owned section/department, a field service provider or property manager shall be contracted to perform the inspection verifying compliance with the requirements of this section and that all other applicable laws are being met.
The property shall be posted with name and twenty-four-hour toll-free contact telephone number of the beneficiary or property preservation, real estate owned section/department, field service provider or property manager. The posting shall be no less than eight and one-half inches by eleven inches and shall contain, along with the name and twenty-four-hour toll-free contact number, the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL” or similar such language in both English and Spanish. Print type shall be no less than fourteen point type. The posting shall be placed in a window adjacent to the entry door or attached to the exterior of the entry door. Exterior posting shall be constructed of and printed with, or contained in, weather-resistant materials.
The property preservation/real estate owned section/department, field service provider, property manager or their designee shall inspect the property on a monthly basis to determine if the property is in compliance with the requirements of this chapter. (Ord. 996 § 1, 2011)
8.29.070 Additional authority.
In addition to the enforcement remedies established in any other chapter of this code, the building official or his or her designee shall have the authority to require the responsible party/beneficiary of any property affected by this chapter to implement additional maintenance 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. (Ord. 996 § 1, 2011)
8.29.080 Fees.
The fee for registering an abandoned residential property shall be set by resolution of the city council. (Ord. 996 § 1, 2011)
8.29.090 Enforcement.
Violation of this chapter may be charged as a misdemeanor or infraction in the discretion of the city attorney and may be enforced by any means or combination of means as otherwise provided by this code or state law. (Ord. 996 § 1, 2011)
8.29.100 Appeals.
Any person aggrieved by any of the requirements of this chapter may appeal to the city manager who shall review or delegate review of any such appeal to a disinterested hearing officer. The city manager’s or hearing officer’s findings on appeal shall be final. (Ord. 996 § 1, 2011)
8.29.110 Penalties for violation.
Violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person violating any portion of this chapter shall be subject to prosecution or administrative enforcement under any relevant provision of the code. Enforcement may also occur civilly through a public nuisance abatement action. (Ord. 996 § 1, 2011)
8.29.120 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. 996 § 1, 2011)