CHAPTER 5.52
ABANDONED AND DISTRESSED RESIDENTIAL PROPERTIES REGISTRATION
SECTION:
5.52.010: Purpose And Findings
5.52.030: Inspection, Registration And Fees
5.52.040: Maintenance Requirements
5.52.050: Security Requirements
5.52.060: Declaration Of Public Nuisance
5.52.070: Additional Authority
5.52.080: Notice Of And Civil Penalty
5.52.010 PURPOSE AND FINDINGS:
It is the purpose and intent of the city council of the city of Gonzales through the adoption of this chapter, to establish an abandoned and distressed 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 and to establish uniform and reasonable regulations to prevent immediate risk and detrimental effects associated with abandoned and distressed properties.
The city council of the city of Gonzales finds that abandoned and distressed residential properties pose risk to the public peace, health and safety of citizens in that the detrimental effects from the lack of security and maintenance of abandoned and distressed residential properties endanger children unprotected from unsecured pools and other attractive nuisances, lead to neighborhood decline, contribute to lower property values, discourage potential buyers from purchasing a home adjacent to or in the neighborhoods with abandoned and distressed residences, and further endanger neighborhoods affected by the resulting squatting, vandalism, burglaries and other crimes.
The city council of the city of Gonzales further finds that the city will incur additional costs in administering and implementing the abandoned and distressed residential properties registration program and that it is in the best interests of the public for the city to recover said costs through imposition of a registration fee. (Ord. 2008-55, 11-17-2008)
5.52.020 DEFINITIONS:
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
|
ABANDONED PROPERTY: |
A residential property that is vacant and is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale, or a residential property that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or a residential property transferred under a deed in lieu of foreclosure/sale. |
|
ACCESSIBLE PROPERTY: |
An abandoned property, and any structure or building on the abandoned property, that is accessible through a compromised, breached or broken gate, fence, wall, window, door, and similar entry points and/or is unsecured in such a way as to allow access to interior space by an unauthorized person or trespasser. |
|
AGREEMENT OF SALE: |
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: |
A lender under a note secured by a deed of trust. Beneficiary shall also include lender’s authorized agent, property management company or property manager. |
|
BUYER: |
Any person, partnership, copartnership, association, corporation, fiduciary or any entity that agrees to transfer anything of value in consideration for property described in the "agreement of sale", as defined in this section. |
|
DAYS: |
Consecutive calendar days. |
|
DEED IN LIEU OF FORECLOSURE/ |
A recorded document 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. |
|
DEED OF TRUST: |
An instrument, describing the real property and by which title to real property is transferred to a third party trustee as security for repayment of a real property loan or an obligation. (This type of instrument is used in California instead of mortgage.) This definition applies to any and all subsequent deeds of trust, including, but not limited to, second trust deed, third trust deed, etc. |
|
DEFAULT: |
The failure to fulfill a contractual obligation, whether monetary or conditional. |
|
DISTRESSED PROPERTY: |
A residential property that is occupied by a person(s) having the right to use or having right of possession of the property and under a current notice of default and/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 deed in lieu of foreclosure/sale. |
|
EVIDENCE OF VACANCY: |
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, statements, based on observations, by neighbors, passersby, delivery agents, government employees that the property is vacant. |
|
FORECLOSURE: |
The process by which a property, placed as security for a real estate loan, is sold at an auction to satisfy the debt if the trustor (borrower) defaults. |
|
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, plastics 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. |
|
LOCAL: |
Within forty (40) road/driving miles’ distance of the abandoned or distressed property. |
|
NEIGHBORHOOD STANDARD: |
Those conditions that are present on a simple majority of properties within a three hundred foot (300’) radius of a distressed or abandoned property. The abandoned or distressed property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred foot (300’) radius, shall not be counted toward the simple majority. |
|
NOTICE OF DEFAULT: |
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: |
In excess of forty (40) road/driving miles’ distance of the subject property. |
|
OWNER: |
Any person, partnership, copartnership, association, corporation, fiduciary or any other legal entity having a legal or equitable title or any interest in the property. |
|
OWNER OF RECORD: |
The person, partnership, copartnership, association, corporation, fiduciary or any other legal entity having recorded title to real property at any given point in time the record is provided by the Monterey County recorder’s office. |
|
RESIDENTIAL PROPERTY: |
Any improved real property, or portion thereof, situated in the city of Gonzales, designed, built or permitted to be used for dwelling purposes, specifically including 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 or zoned for such use. |
|
SECURED: |
Treated with such measures as may be directed by city manager or his or her designee that assist in rendering the abandoned property inaccessible to unauthorized persons, squatters, trespassers, including, but not limited to, the closure, locking, padlocking, 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. Boarding shall be completed to a minimum of the current United States department of housing and urban development (HUD) securing standards at the time the boarding is completed or required, and shall additionally require painting the boards with an exterior grade paint that matches the color of the accessible property. |
|
TRUSTEE: |
The person, partnership, copartnership, association, corporation, or fiduciary holding a deed of trust on a property. Trustee shall include any authorized agent, property management company or property manager of a trustee. |
|
TRUSTOR: |
A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. |
|
VACANT: |
A building/structure that is not legally occupied. (Ord. 2008-55, 11-17-2008) |
5.52.030 INSPECTION, REGISTRATION AND FEES:
A. Inspection And Registration: Any beneficiary or trustee, who holds a deed of trust on a property located within the city of Gonzales, 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 Monterey County recorder’s office.
1. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary or trustee shall, within ten (10) days of the inspection, register the property with the city manager or his or her designee on forms provided by the city.
2. If the property is occupied but remains in default, it shall be deemed distressed, and it shall be inspected by the beneficiary or trustee, on a monthly basis until either: a) the trustor or another party remedies the default; or b) 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) days of that inspection, register the property with the city manager or his or her designee on forms provided by the city.
B. Failure To Register: If any beneficiary or trustee fails to register the residential property, as required by this chapter, the city may register the residential property, impose a registration fee and assess the same against the property.
C. Contents Of Registration: The registration required under this chapter shall contain: 1) the name of the beneficiary/trustee (copartnership, partnership, association, fiduciary, corporation, any legal entity or an individual), 2) the direct street/office mailing address of the beneficiary/trustee, excluding P.O. boxes, 3) a direct contact name and phone number for the beneficiary/trustee, and 4) in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Any change of the information in the registration required under this subsection shall be reported within ten (10) days of the change.
D. Registration Fee: The fee for registering an abandoned residential property shall be set by resolution of the city council. 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. Subsequent registrations are due January 1 of each year and must be received no later than January 31 of the year due. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this chapter as long as the properties remain vacant.
E. Out Of Area Trustee/Beneficiary: An out of area beneficiary or trustee shall retain a local management property, which shall inspect the property as required by this chapter to determine whether the abandoned property is in compliance with the requirements of this chapter. (Ord. 2008-55, 11-17-2008)
5.52.040 MAINTENANCE REQUIREMENTS:
Abandoned property shall be maintained in a manner comparable to the neighborhood standard. At minimum:
A. Abandoned property shall be maintained so as to be kept free of evidence of vacancy;
B. Abandoned 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. Abandoned property shall be maintained free of mosquito larvae growing in standing water;
D. Abandoned 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. Abandoned 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 from the city pursuant to section 5.20.050 of this title or California Civil Code section 2929.3, whichever is appropriate;
F. Maintenance of abandoned properties shall include landscape maintenance of visible front and side yards; and
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) be 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 owner of any obligations set forth in any local, state or federal laws or any covenants, conditions and restrictions and/or homeowners’ association rules and regulations which may apply to the property. (Ord. 2008-55, 11-17-2008)
5.52.050 SECURITY REQUIREMENTS:
Any abandoned property shall be "secured", as defined in this chapter. In addition, the abandoned property shall be secured in a manner that would prevent trespassers, squatters or unauthorized persons from entering and/or remaining on the property. (Ord. 2008-55, 11-17-2008)
5.52.060 DECLARATION OF PUBLIC NUISANCE:
Pursuant to the city’s police powers authorized in article XI, section 7 of the California constitution, as well as under this 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 this chapter, including, but not limited to, the maintenance and security requirements of this chapter, shall constitute a public nuisance. (Ord. 2008-55, 11-17-2008)
5.52.070 ADDITIONAL AUTHORITY:
In addition to any other remedies authorized by this code and/or any other enforcement remedies permitted under the law, the city manager 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 section to implement additional maintenance and/or security measures including, but not limited to, securing any and 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. 2008-55, 11-17-2008)
5.52.080 NOTICE OF AND CIVIL PENALTY:
Pursuant to California Civil Code section 2929.3, the city of Gonzales may impose a civil penalty in the amount not to exceed one thousand dollars ($1,000.00) per day for failure to maintain and secure the abandoned property, as required by this chapter, subject to the following requirements:
A. Notice: Prior to imposing a civil penalty pursuant to this section, the city shall first give notice of the violations of the maintenance and security requirements of this chapter. The notice shall include a description of the conditions that gave rise to the violation(s), advise the owner of city’s intent to access a civil fine if an action to correct the violation(s) is not commenced within a period of not more than fourteen (14) days and completed within a period of not more than thirty (30) days. The notice shall be mailed to the address provided in the deed of trust or other instrument specified in California Government Code section 27321.5(a), or if none, to the return address provided on the deed or other instrument.
B. Imposition Of Civil Penalty: The city shall impose the civil penalty pursuant to this section if actions necessary to address the violation(s) at the abandoned property are not commenced within a period of not more than fourteen (14) days and completed within a period of not more than thirty (30) days, from the date of mailing of the notice required by this section. Additionally, the city shall not impose a civil penalty pursuant to this section together with administrative citations or fines authorized by title 1, chapter 1.16 of this code.
C. Expiration: The civil penalty imposed by this section shall stay in effect until January 1, 2013, the expiration date of section 2929.3 of California Civil Code, unless extended by the state legislature. (Ord. 2008-55, 11-17-2008)
5.52.090 VIOLATION; PENALTY:
Violations of this chapter shall be treated as 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, public nuisance abatement and/or administrative enforcement pursuant to chapter 1.16 of this code and chapter 5.20 of this title. (Ord. 2008-55, 11-17-2008)
5.52.100 ENFORCEMENT:
In addition to section 5.52.080 of this chapter, violations of this chapter may be enforced in any combination as permitted by chapter 1.16 of this code and chapter 5.20 of this title 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 5.52.080 of this chapter, together with administrative citations or fines authorized by section 5.20.010 of this title. (Ord. 2008-55, 11-17-2008)
5.52.110 APPEALS:
Any person aggrieved by any of the requirements of this chapter may appeal insofar as such appeal is permitted under section 5.20.080 of this title. Any person aggrieved by the imposition of a civil penalty pursuant to section 5.52.080 of this chapter may appeal the penalty pursuant to the general procedures established for appeals in sections 5.20.080, 5.20.090, and 5.20.100 of this title. (Ord. 2008-55, 11-17-2008)