HomeMy WebLinkAboutOrdinances_2709_CCv0001.pdf ORDINANCE NO, 2709
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8,I0 TO
TI_IEa REE LANDS MUNICIPAL CODE TO REQUIRE THE.: REGISTRATION
OF ABANDONED RESIDENTIAL PROPERTIES IES ANEW COMPLIANCE WITH
PROPERTY MAINTENANCE STANDARDS
WHEREAS, the City of Redlands (tile "City"), pursuant to the police powers
delegated to it by the California constitution, has (lie authority to enact laws which promote
tlae public health, safety and general welfare of its citizens; acid
WHEREAS, the City Council of the City of Redlands ("this CityCouncil") has
deterninied that the presence of vacant, abandoned residences poses a health and safety risk
to the residents of Redlands; and
WHEREAS, this City Council finds that the detrimental effects of vacant
abandoned properties include leading to neighborhood decline, creating;an attractive public
nuisance, contributing to lower property values, mosquito and vector control issues,
increased crime, and discouraging potential buyers from purchasing a home adjacent to or
in neighborhoods with vacant abandoned residences and
WHEREAS, many vacant abandoned residences are the responsibility of out-of-
area and out-of-state lenders and trustees who in many instances fail to adequately
maintain and secure these vacant residences; and
WHEREAS, this City Council further finds that tlae detrimental effects of vacant
abandoned properties require the City to take action to preserve the public health and
safety of the residents of Redlands;
The City Council of the City of Redlands does ordain as follows;
Section I. Chapter 8.10, entitled "Abandoned Residential Property Registration,"
is hereby added to the Redlands Municipal Code to read as follows,-
"CHAPTER
ollows,-
"C-H APTE:R &10
ABANDONED RESIDENTIAL PROPERTY REGISTRATION
TION
8.10 01 C Title. This Chapter shall be known as the "Abandoned Residential Property
Registration Ordinance.
8,1 OM02 E urpose and Intent, It is the purpose and intent of this Chapter to establish
an abandoned residential property registration program as a mechanism to protect'
residential neighborhoods within the City from becoming blighted through the back of
adequate maintenance;and security ofabandoned properties.
2709 Ahansrc ncd Rcsidvmud
8,1 O 030 Definitions, The terms used in this Chapter, or in any resolution or standard
adopted by the City Council pursuant to this Chapter, shall have the following meanings:
A. "Abandoned" means at property that is vacant and is under a Current Notice of
Default, Notice of Trustee's Sale, pending Tax Assessor's Lien Sale, or that has been [lie
Subject of a foreclosure sale where the title was retained by the beneficiary of a deed of
trust involved in the foreclosure, or that is transferred under a deed In lieu of foreclosure or
sale,
B. "Accessible property" means a property that is accessible through a
compromised or breached gate, fence, wall or other similar feature.
C. "Accessible structure" means a 5trUCtUM or building that is unsecured or
breached in such a way as to allow access to the interior space by unauthorized persons,
D, "Beneficiary" means a lender under a note secured by a deed of trust.
E. "Buyer" means any person, co-partnership, association, corporation, entity or
fiduciary who agrees to transfer anything of value in consideration for property described
in an a,,reement of sale, as defined in this Subsection.
I
F. "Dangerous building" means any building or structure that would constitute a
`dangerous building' as defined in Section 302 of the Uniform Code for the Abatement of
Dangerous Buildings or as prepared by the International Conference of Building Officials
and adopted in force within the City:
G "Days" means consecutive calendar days.
H. "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. This definition applies to any all
subsequent deeds of trust. inClUdin1g. 2nd trust deeds, 3rd trust deeds, and the fikc.
I. "Deed in lieu of foreclosure or sale" means a recorded docurnent 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.
J. "Default" ineans the failure to fulfill as contractual Obligation, n-ionetary or
conditional.
K. "Distressed" means a property that is under a current Notice of Default, 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 a deed in lieu of
foreclosure or sale.
L. "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
2"0a7,baawaaroned Residewial
vacant, Such conditions Include, but are not limited toovorgrown or dead vegetation,
accumulation of newspapers, circulars, flyers or mail, past due utility notices or
disconnected utilities, accUlnUlatiOn of trash, junk or debris, the absence of window
coverings Such as curtains, blinds Or Shutters, the absence of furnishing or personal items
consistent with residential habitation, and statements by neighbors, passersby, delivery
agents, or government employees that the property is vacant.
M, "Force losure" nicans the process by which it property, placed as Security for a
real estate loan, is sold at aUCtI0ll to Satisfy the debt ifthe trustor (borrower) defaults.
K "Local" means within forty (40) road/driving miles distance of the subject
property.
0. " Notice of Default" rneans a recorded notice that a default has occurred under a
deed of trust and the beneficiary intends to proceed with a trustees sale.
P. "Out-of-area" means in excess of forty (40) road/driving miles distance of the
subject property.
Q. "Owner" means any person, co-partnership, association, corporation, entity, or
fiduciary having a legal or equitable title or any interest in any real property.
R. "Owner of record" means the person having recorded title to the property at ally
given point in time the record is provided by the San Bernardino County Recorder's
Office.
S, "Property" means any unimproved or improved residential real property or
portion thereof, situated in the City and includes the buildings or structures located on the
property regardless of condition.
T. "Residential building" means any improved real property, or portion thereof,
situated in the City, designated 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 are "residential"
whether or riot it is legally permitted or zoned for such use.
U� "Securing" means such measures as may be directed by the City's Chief
Building Official, of the Official's designee, that assist in rendering the, property
inaccessible to unauthorized persons including, but not limited to, the repairing of fences
and walls® chaining or pad locking, of gates, the repair or boarding of door, window or
other openings. Boarding shall be co repleted to a Of the current Housing, and
Urban Development (HUTD) securing standards at the time the boarding is completed or
required.
V "Trustee" means the person, firm, corporation, or entity holding a Deed of'Trust
on a property.
2701)Abandoned Resh1cmial
W. "Trustor" means a borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
X "Vacant" means a building or structure that is not legally occupied.
8.10.040 Recordation of Transfer of Loan/Deed of TrUstjAssi&nnlcnt of Rents.
Within ten (1 0) days Of tile purchase or transfer of a loan or deed of trust secured by
residential property, the new berieficlary/trUStee shall record with tile San Bernardino
County Recorder's Office an Assignment of Rents or similar document that lists the name
oCthe corporation, entity, or individual and the mailing address and contact phone [lumber
of the new beneficiary or trustee responsible fior receiving payments associated with the
loan or deed of trust.
8.10.50 Ree istration.
A, Any beneficiary/trustee who holds to deed of trust on a property located within
the City shall perform an inspection of the 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 Sail
Beniardino County Recorder's Office. If the property is found to be vacant or shows
evidence of vacancy, it is, by this Chapter, deenled abandoned and the beneficiary/trustee
shall, within ten,(10) days of the inspection, register the property with the City's Quality of
Life Director(the"Director")or the Director's designee, on forms provided by the City.
BIf the property is occupied but remains in default, it shall be inspected by the
beneficiary/trustee or his designee monthly until:
L 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 (10) clays of that inspection, register
the property with the Director or his or her designee on fori-ris provided by the City.
C, The registration required by this section shall contain the name of tile
berieficiar-YI/trustee (corporation, entity, or individual), the direct street office mailing
address of the beriefliciary/trustee (no P.O. Boxes), a direct contact name and phone
number for the beneficiary/trustee. and, in the case of a corporation, entity, or out-of-area
beneficiary/trustee, the local property management company responsible for the security,
maintenance, and marketing of the property.
D, An annual registration fee, as established by resolution of the City Council,
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. Subsequent registrations and fees are due January I" of each year and
must be received no later than January 3 1" of the year clue.
2 761)Abjne�o wd Rcsiden�ia I
E 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 Linder a deed in lieu of
foreclosure or sale.
F. Properties subject to this Chapter shall remain Linder the annual registration
requirement and the security and maintenance standards of this Chapter as long as they
remain vacant.
G. Any person, firrn, corporation, or entity that has registered a property under this
chapter Must report any change of inforn-iation contained in the registration within ten (10)
days of the change.
8.10,060 Maintenance Requirements.
In addition to the requirements of Chapter 8.08 of this Code, properties subject to
Registration under section 8.10.050 shall comply with the following:
A. The property shall be kept free of weeds, dry brush, dead vegetation, trash,
junk, debris, building materials, and 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.
R 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.
C; All yards visible from the public right-of-way shall be landscaped and
maintained to the neighborhood standard at the time registration was required.
I. Landscape includes, but is not limited to, grass, ground covers, bushes,
shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf or sod
Z
desioned specifically for residential installation.
2. Landscape does not include weeds, broken concrete, asphalt, decomposed
(Ira lite, plastic sheeting, mulch, indoor-ciutdoor carpet, or any similar material.
3. Maintenance includes, but is not limited to, regular watering, irrigation,
cutting, pruning and mowing of required landscape, and removal of all trimmings.
DPools and/or spas shall both be kept in working order and treated so the water
remains clear and free of pollutants, debris, and any kind of larvae that would cause a
health danger to the surrounding vicinity, 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
2`fO Abandoned Residential
8.,10,070 Security Pealuirenlents.
In addition to the requirements of Chapter 8.08 of this Code, properties subject to
registration under section 8-.10.050 shall comply with the following:
A. The property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons, Secure manner includes, haat is not limited to, the closure and
locking of windows, doors (walk-through, sliding; and garage), gates, and ally other
opening;of such size that may allow a child to access the interior of the property and/or
structure s), In the case of broken windows, securing means the regla ing or boarding of
the window:,
B. if the property is owned by a corporation, entity, or out-of area
beneficiary/trustee/owner:
is iaryftrusteelowner:
1. A local property management company shall be contracted to perfoa-tta, at a
minimum, monthly inspections to verify that the requirements of this section, and any
other applicable laws,are beim met.
. The property shall; be posted with the name and 24-hour contact phone
number of the local property management company. The posting shall be no less than IS"
x 24" and shall be of a font that is legible from a distance of forty-five 45) feet .and shall
contain, along with the name and 24-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
property so that it is visible from the street, or secured to the exterior of the
building/structure facing the strut to the front of the property so it is visible from the
street, if rao sttch area exists, on a stare of sufficient size to support the posting in a
location Haat is visible from the street to the front of the property but not readily accessible
to vandals. The exterior posting must be constructed of and printed with weather resistant
materials.
. The local property manag rnent company shall inspect the property no less
than on a monthly basis to determine if the property is in compliance with the requirements
of this f:hapter.
8.10.080 Additional Author/ y. The Chief of Police and the Fire Chief, and their
respective designees, shall have the authority to require the benefioiary/trustec/owner
and/or owner of record of any property affected by this section to implement additional
maintenance and/or security measures including, but not limited to, securing any/all door;
window or other openings, installing additional security lighting, increasing on-site
inspection frequency, employment of an on-site security ward, or other measures as may
be reasonably required to arrest the decline of'the property.
2701)A1bstri€Joned Residoitial
&1090 Violations and Penalties. Violations of this Chapter shall be treated as a
strict liability offense regardless of intent, Any individual or entity that violates any of the
provisions of this Chapter shall be guilty of a Misdemeanor, Any person or entity
convicted of a nusdellIC1111017 under the provisions of the Chapter shall be punished by
imprisonment in the County jail not exceeding six (6) months or by fine not exceeding one
thousand dollars ($1,000) or both. Except as otherwise provided in this Chapter, each
person or entity shall be guilty of a separate offense for each and every day during any
violation of any provision of this Chapter is committed, Continued or perrilitted by Such
person or entity,"
Section 2. Severability. If any part of this Ordinance is held invalid for any
reason, Such decision shall not affect the validity of the remaining portions of this
Ordinance, and this City Council hereby declares that it would have passed the remainder
of this Ordinance if such invalid portion thereof had been deleted.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify
to the adoption of this ordinance and shall cause it, or a summary of it, to be published
once in the Redlands Daily Facts, a newspaper of general circulation within the City, and
thereafter, this ordinance shall take effect in accordance with law,
Jo arrison, Mayor
ATTEST:
Lr�
ri, Po'Z"r,'
tyP
lark
k
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoinil
ordinance was duly adopted by the City Council at a regular meeting thereof held on tile
3rd day of March, 2009, by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean- Mayor Harrison
NOES: None
ABSENT: None
ABSTAIN: None
'LoPoyze 'erk
City of Redlan
2709 Abandoned Residential