Chapter 5.66
MAINTENANCE OF FORECLOSED RESIDENTIAL PROPERTIES
Sections:
5.66.010 Purpose and preemption.
5.66.030 Maintenance of foreclosed residential properties.
5.66.040 Declaration of public nuisance.
5.66.050 Civil penalty imposed.
5.66.060 Notice of violation and compliance period.
Code reviser’s note: This chapter was to be repealed January 1, 2013, unless the state of California enacted a statute before January 1, 2013, that either deleted or extended Civil Code Section 2929.3. Assembly Bill No. 2314 amended Civil Code Section 2929.3 to remove subsection (i), deleting the sunset date.
5.66.010 Purpose and preemption.
This chapter is not intended to preempt state law, but is only intended to carry out the provisions of California Civil Code Section 2929.3. In the event there is a conflict between the provisions of state law and this chapter, the state law shall control. (Ord. 44-08 § 1 (part))
5.66.020 Definitions.
“Failure to maintain” means failure to care for the exterior of the property, 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, or failing to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance, including conditions at or on the foreclosed residential property in violation of Sections 5.64.040, 5.68.050 and 5.70.020 of the Dublin Municipal Code.
“Foreclosed residential property” means a vacant residential property purchased by the legal owner at a foreclosure sale, or acquired by the legal owner through foreclosure under a mortgage or deed of trust.
“Landscape” includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar painting, 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.
“Landscape maintenance” includes, but is not limited to, regular watering, irrigation, cutting, pruning, mowing and removal of all trimmings of required landscape.
“Legal owner” means any person, partnership, co-partnership, association, corporation, fiduciary or any other legal entity having a legal or equitable title or any interest in the foreclosed residential property.
“Residential property” means any improved real property, or portion thereof, situated in the city of Dublin, designed, built or permitted to be used for dwelling purposes, specifically including the building and structure 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 or zoned for such use.
“Secured” means treated with such measures as may be directed by the City Manager or his/her designee that assist in rendering the vacant foreclosed residential property inaccessible to unauthorized persons, squatters, or trespassers, including, but not limited to, the closure, locking, pad-locking, chaining, repair and/or boarding of fence(s), wall(s), gate(s), window(s), door(s) (walk-through, sliding and/or garage), and/or other openings of such size that may allow a child access to the interior of the accessible property. In case of broken windows, “secured” includes the reglazing or boarding of the window. (Ord. 44-08 § 1 (part))
5.66.030 Maintenance of foreclosed residential properties.
A legal owner shall maintain foreclosed residential property as follows:
A. Foreclosed residential property shall be maintained so as to be kept free of evidence of vacancy and abandonment;
B. Foreclosed residential 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. Foreclosed residential property shall be maintained free of mosquito larvae from growing in standing water;
D. Foreclosed residential 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 appearance that the property is abandoned;
E. Foreclosed residential 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 5.68.060 or notice pursuant to California Civil Code Section 2929.3, whichever is applicable;
F. Maintenance of abandoned properties shall include landscape maintenance of visible front and side yards;
G. Pools and spas 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, properties with pools and/or spas must comply with the minimum security fencing requirements of the state of California;
H. Foreclosed residential property shall be maintained free of public nuisance conditions as set forth in Sections 5.64.040 and 5.70.020; and/or
I. Foreclosed residential property shall be secured, as defined in this chapter. In addition, the foreclosed residential property shall be secured in a manner that would prevent trespassers, squatters or unauthorized persons from entering and/or remaining on the property. (Ord. 44-08 § 1 (part))
5.66.040 Declaration of public nuisance.
Pursuant to city’s police powers authorized in Article XI, Section 7 of the California Constitution, as well as the city of Dublin Municipal 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 the maintenance and security requirements of Section 5.66.030 shall constitute a public nuisance. (Ord. 44-08 § 1 (part))
5.66.050 Civil penalty imposed.
A. Pursuant to California Civil Code Section 2929.3, the city of Dublin may impose a civil penalty in the amount not to exceed one thousand dollars ($1,000) per day against the legal owner for failure to maintain the foreclosed residential property, as required by this chapter; provided, that notice requirements of Civil Code Section 2929.3, as set forth in Section 5.66.060, are satisfied. If imposed, the civil penalty pursuant to this section shall commence on the day following the expiration of the compliance period, as provided in notice required by Section 5.66.060.
B. In determining the amount of the civil penalty, the city shall take into consideration any timely and good faith efforts by the legal owner to remedy the violations at the foreclosed residential property.
C. Civil penalties collected pursuant to this section shall be directed to the city’s nuisance abatement programs.
D. The city shall not impose a civil penalty pursuant to this section together with administrative citations or fines, as may otherwise be authorized by the Dublin Municipal Code. (Ord. 44-08 § 1 (part))
5.66.060 Notice of violation and compliance period.
A. If the city imposes a civil penalty pursuant to Section 5.66.050, the city shall first give a notice of alleged violation, which includes a description of the conditions that have risen to the allegation, and notice of the city’s intent to assess a civil penalty pursuant to Section 5.66.050 if actions necessary to address and/or correct the violation(s) at the foreclosed residential property are not commenced within a period of not less than fourteen (14) days, and completed within a period of not less than thirty (30) days, from the date of the mailing of the notice.
B. The city may provide less than thirty (30) days’ notice to complete actions necessary to address and/or correct the violation(s), if the city determines that a specific condition of the foreclosed residential property threatens public health or safety; and provided, that the notice of violations states that there is a threat to public health or safety, and shorter time for compliance is provided.
C. The notice of violation pursuant to this section shall be mailed by certified mail to the address provided in the deed or other instrument specified in California Government Code Section 27321.5, including deed, instrument conveying title, mortgage with power of sale; or if none, to the return address provided on the deed or other instrument. (Ord. 44-08 § 1 (part))
5.66.070 Appeals.
Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is permitted under the applicable sections of Chapters 5.64, 5.68 and 5.70 of the Dublin Municipal Code. Any person aggrieved by the imposition of a civil penalty pursuant to Section 5.66.050 may appeal the imposition of the penalty to the City Council pursuant procedures set forth in Section 1.04.050 of the Dublin Municipal Code. (Ord. 44-08 § 1 (part))
5.66.080 Enforcement.
In addition to civil penalty authorized by Section 5.66.050, violations of this chapter may be enforced in any combination as permitted by Chapters 5.64, 5.68 and 5.70 of Dublin Municipal Code and 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 5.66.050, together with an administrative fine that may be authorized by the Dublin Municipal Code. (Ord. 44-08 § 1 (part))