HomeMy WebLinkAboutOrdinances_2715_CCv0001.pdf ORDINANCE NO. 2715
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8.11 TO THE
REDLANDS MUNICIPAL CODE RELATING TO THE MAINTENANCE OF VACANT
RESIDENTIAL PROPERTIES ACQUIRED THROUGH FORECLOSURE
WHEREAS, to protect its residents from the negative impacts caused by unmaintained
vacant buildings, the City of Redlands adopted Ordinance No. 2709 to add Chapter 18.14 to the
Redlands Municipal Code establishing regulations governing the registration and maintenance of
such vacant, abandoned residences; and
WHEREAS, the increase in foreclosed properties within the City has resulted in the need
for additional administrative tools to combat such negative impacts; and
WHEREAS, on July 8, 2008, the Governor for the State of California signed Senate Bill
1137, as urgency legislation relating to mortgages, which added Section 2929.3 to the California
Civil Code; and
WHEREAS, Senate Bill 1137 was enacted based on the recognition that the impact of
NO residential foreclosure rates has adversely affected property valves in the State, and will
have even greater consequences as residential foreclosure rates continue to rise; and
WHEREAS, Civil Code Section 2929.3 requires legal owners to maintain vacant
residential property purchased at a foreclosure sale, or acquired by that owner through
foreclosure under a mortgage or deed oftrust; and
WHEREAS, if a legal owner of residential property does not maintain such property,
local governments, such as the City of Redlands, are authorized to impose civil fines and
penalties in amounts up to S 1,000 per day; and
WHEREAS, Civil Code Section 2929.3 remains in effect until January 1, 2013, and as of
that date is repealed, unless a statute enacted before January 1, 2013, deletes or extends that date;
and
WHEREAS, the City Council of the City of Redlands desires to adopt this Ordinance in
order to provide City staff and the City's residents with a clear understanding of the new
legislation's provisions and to adopt procedures for holding administrative hearings and imposing
penalties pursuant to the legislation;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.11, entitled "Maintenance of Foreclosed Properties," is hereby added
to the Redlands Municipal Code to read as follows:
2715 Maintenance o Foruclosed Property 1
"Chapter S.I I
MAINTENANCE OF FORECLOSED RESIDENTIAL PROPERTIES
8.11.010 Purpose and Pre-Emption. This Chapter is intended to carry out the provisions
of California Civil Code Section 2929.3. Nothing in this Chapter shall be interpreted or
implemented in a manner that is inconsistent with State law. In the event there is a conflict
between the provisions of State law and this Chapter, State law shall control.
8.1 1.020 Maintenance of Foreclosed Residential Properties and Notice of
Violation.
A. The legal owner of vacant residential property purchased by that owner at a
foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of
trust, shall maintain that property in accordance with the requirements of this Code.
B. For purposes of this Chapter, "failure to maintain" means the failure to care for
the exterior of the property in accordance with the provisions of Title 8 of this Code, including,
but not limited to, permitting excessive foliage growth that diminishes the value of surrounding
properties, failing to take action to prevent trespassers or squatters from remaining on the
property, failing to take action to prevent mosquito larvae from growing in standing water, or
permitting other conditions that create a public nuisance.
8.I l.030 Notice of Violation and Time to Cure.
A. If the City intends to impose a fine pursuant to this section, the City shall give
notice of the alleged violation, including a description of the conditions that gave rise to the
allegation, and notice of the City's intent to assess the civil fine if action to correct the violation
is not started within a period of not less than fourteen (14) days and completed within a period of
not less than thirty (30) days.
B. The City may provide less than thirty(30) days notice to remedy a condition if the
City determines that a specific condition of the property threatens public health or safety and
provided that the notice of violation states that there is a threat to public health and safety, and
time for compliance is given.
C. Subject to the provisions of this section, the City, through administrative action
approved by the City Manager, may establish different compliance periods for different
conditions on the same property in the notice of violation mailed to the legal owner.
D. Notice pursuant to this section shall be mailed to the address provided in the
deed or other instrument as specified in subdivision (a) of Section 27321.5 of the Government
Code, or if none, to the return address provided on the deed or other instrument
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8.11.040 Penalty.
A. The City may impose a civil fine of up to one thousand dollars {$1,000} per day
for each day that the owner fails to maintain the property, commencing on the day following the
expiration of the period to remedy the violation.
B. In determining the amount of the fine, the City shall take into consideration any
timely and good faith efforts by the legal owner to remedy the violation.
C. Fines and penalties collected pursuant to this section shall be directed to the
City's nuisance abatement programs.
D. The City may not impose fines on a legal owner under both Civil Code Section
2929.3 and another City ordinance. However, Civil Code Section 2929.3 shall not preempt any
City ordinance.
E. The rights and remedies provided in this section are cumulative and in addition to
any other rights and remedies provided by law,
8.11.050 Hearing to Contest Fine,
A. The legal owner may contest the fine imposed on his/her property pursuant to this
Chapter. A request for a hearing must be filed in writing with the City's Quality of Life
Department no later than ten (10) days after the imposition of the fine. The request must state the
grounds for the appeal and include a non-refundable appeals processing fee in the amount
established by resolution of the City Council of the City. Failure to timely request a hearing or
to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to
exhaust administrative remedies.
B. Hearing Procedure.
1. The City Manager or the City Manager's designee shall designate a hearing
officer. The hearing officer may be the hearing officer used by the City for conducting other
code enforcement hearings.
2. The hearing shall be held not less than fifteen (15) days and not more than sixty
(60) days from the date that the request for hearing is filed. The hearing may be continued from
time to time as deemed necessary by the hearing officer. Notice of the time, date and location of
the hearing shall be provided to the legal owner no later than ten (10) days before the hearing.
3. At the hearing, the party contesting the fine shall be given the opportunity to
testify and to present evidence or witnesses concerning the violation.
4. The failure of the person contesting the violation to appear at the hearing shall
constitute a waiver of the hearing, a failure to exhaust administrative remedies and agreement by
the person contesting the fine to pay the administrative fine.
2715 Maintenance of Foreclosed Property 3
5. The notice of violation, fine and any additional report submitted by the person
issuing the citation shall constitute prima facie evidence of the respective facts contained in those
documents. The burden of proof shall then be on the person contesting the fine to refute such
evidence.
6. Neither the rules of evidence as provided by California State law, nor the
provisions of the Administrative Procedures Act apply to hearings under this Chapter.
C. After considering all of the testimony and evidence
submitted at the hearing, the hearing officer shall issue a written, final decision to uphold or
cancel the fine and shall state in the final decision the reasons for that decision. A copy of the
decision shall be served on the legal owner. The decision of the hearing officer shall be final,
except far judicial review.
D. If the final decision of the hearing officer affirms the issuance of the fine, the
legal owner shall pay the fine to the city within thirty(30) days after service of the decision.
8.11.460 Sunset Date,
This Chapter, similar to Civil Code Section 2929.3, shall remain in effect until January 1,
2013, and as of that date is repealed, unless the State of California enacts a statute before January
1, 2413, that either deletes or extends that date."
Section 2. If any section, subsection; clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction,
it shall not affect the remaining portions of this Ordinance that can be given effect without the
invalid provision and, to this end, the provisions of this Ordinance are severable. This City
Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity
of any particular portion thereof and intends that the invalid portions should be severed and the
balance of the Ordinance be enforced.
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 Pacts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law.
t
J Harri ion, Mayor
ATTEST:
Lo - oyzer, fC erk
7 V 11-i
2715 lwlainlenance of Foreclosed Property 4
1, Lome Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of March,
2009, by the following vote:
AYES: Councilmernbers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: None
ABSENT: None
ABSTAIN: None
Lorri ovzer, i e r k
Ci of Redlan s
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