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HomeMy WebLinkAbout08-04 CC Ordinance' ORDINANCE NO. 08-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The Temecula Municipal Code is hereby amended by adding Chapter 8.44, Abandoned Residential Properties, to Title 8 of the Temecula Municipal Code to read as follows: "CHAPTER 8.44 MAINTENANCE OF RESIDENTIAL PROPERTIES 8.44.010 Findings, Purpose and Intent. The City Council finds, determines and declares that: A. The presence of vacant, abandoned residences can lead to neighborhood decline; and ' B. The presence of vacant, abandoned residences can create an attractive public nuisance; and C. The presence of vacant, abandoned residences can contribute to lower property values; and D. The presence of vacant, abandoned residences can discourage potential buyers from purchasing a home adjacent to or in neighborhoods with vacant abandoned residences; and E. In many instances, the lenders and trustees fail to adequately maintain and secure these vacant residences; and F. It is the intent of the City Council of the City of Temecula, in enacting this ordinance, to protect the public health, safety and welfare of the City and its citizens by protecting its residential neighborhoods from decline and depreciation. G. It is the purpose and intent of the City Council of the City of Temecula through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted due to the lack of adequate maintenance and the lack of security of abandoned properties. R:lOrds 20081Ords 08-04 ' 8.44.020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a condition in which a property is: (a) vacant; or (b) distressed. "Accessible oroaertv" means a property that is accessible through a compromised or breached gate, fence, wall, or entrance. "Accessible structure" means a structure or a building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. "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 of said property. "Assignment of Rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. "Beneficiary" means a lender party of a note secured by a deed of trust. "Buyer" means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement for sale of said property. ' "Days" means consecutive calendar days. "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. In the State of California, the term "deed of trust" is used instead of the term "mortgage." This definition applies to any and all subsequent deeds of trust (i.e., 2nd trust deed, 3rd trust deed, etc.). "Deed in lieu of foreclosure or sale" means 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. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a condition in which a property: (a) is in receipt of a current Notice of Default or Notice of Trustee's Sale; (b) is the subject of a pending Tax Assessor's Lien Sale; (c) is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (d) is transferred under a deed in lieu of foreclosure or sale. "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 vacant. Such conditions include, but are not limited to, conditions ' violating Section 8.12.020 of the Temecula Municipal Code, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the R:/Ords 2008/Ords 08-04 2 ' absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, or the like, that the property is vacant. "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 defaults. "Local" means within eighty (80) miles of the subject property. "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. "Out of area" means in excess of eighty (80) miles of the subject property. "Owner" means any person or entity having a legal or equitable title or any interest in any real property. "Owner of record" means the person currently having record title to the property at the Riverside County Recorder's Office. "Pro a "means any unimproved or improved residential real property, or portion thereof, situated in the city and includes the buildings or structures located on the real property regardless of condition. "Residential buildino" means any improved real property, or portion thereof, ' situated in the city, designed 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 as "residential" whether or not it is legally permitted or zoned for such use. "Securing" means such measures as may be directed by the Director of Building and Safety or his or her designee that render the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a condition in which a building or structure is not legally occupied. 8.44.030 Recordation of Transfer of Loan or Deed of Trust; Assignment of Rents. Within thirty (30) days of the purchase or transfer of a loan or deed of trust ' secured by residential property located in the City of Temecula, the new beneficiary or trustee shall record, with the Riverside County Recorder's Office, an Assignment of Rents, or similar document, that lists the name of the corporation or individual, the R:/Ords 2008/Ords OS-04 3 ' mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. 8.44.040 Registration. A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the City of Temecula shall perform an inspection of the property that is the security for the deed of trust, prior to recording a Notice of Default with the Riverside County Recorder's Office. 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 thirty (30) days of the inspection, register the property with the Director of Building and Safety or his or her designee on forms provided by the City. B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and in the case of a corporation or out-of-area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the property. C. A registration shall be valid for one (1) year from the date the registration form is received by the City. Subsequent registrations are due annually for as long as ' the property is abandoned. D. This chapter shall also apply to properties that have 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 transferred under a deed in lieu of foreclosure or sale. E. Properties shall be subject to this chapter's requirements as long as such properties remain vacant. F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, any change of information contained in the registration within thirty (30) days of the change to the Director of Building and Safety. 8.44.050 Maintenance Requirements. A. All properties within the City shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of papers or documents, except those required by federal, state or local law, and discarded personal items, including but not limited to, furniture, clothing, appliances, printed materials or any other items that contribute to the appearance that the property is abandoned. B. All properties within the City shall be maintained free of graffiti, tagging or similar markings by removing or painting over the graffiti with an exterior grade paint ' that matches the color of the exterior of the structure. R:/Ords 2008/Ords OS-04 4 C. Visible front and side yards shall be landscaped and maintained according to the standards set forth in the Temecula Municipal Code and applicable land use approvals for the property in question. Maintenance required for visible front and side yards also includes, but is not limited to, regular watering, cutting, pruning and mowing of landscape and removal of all yard trimmings. D. Pools and spas shall be secured with approved fences and devices as required by the California Building Code. Pools and spas shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. E. All properties within the City shall be maintained in such a manner so as not to constitute a public nuisance pursuant to Section 8.12.020 of the Temecula Municipal Code. 8.44.060 Security Requirements. A. All properties within the City shall be maintained and secured in such a manner so as not to be accessible to unauthorized persons. Sufficient security includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that it may allow a child to access the interior of the property, its buildings or its structures, and when necessary, the replacement or reglazing of windows. ' B. If the property is owned by a corporation or out-of-area beneficiary, trustee or owner, such out-of-area beneficiary, trustee or owner shall hire a local property management company to manage the property. C. The property shall include a posting with the name and 24-hour contact phone number of the local property management company in a manner sufficient to allow an individual to contact and notify the local property management company of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor 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 or structure facing the street to the front of the property so that it is visible from the street. 8.44.070 Additional Authority. In addition to the enforcement remedies established in Chapters 1.20, 1.21 and 1.24, the Director of Building and Safety or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this section to implement additional maintenance 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, or other measures as may be reasonably required to prevent the decline of the property. R:IOrds 2008/Ords 08-04 5 ' 8.44.080 Enforcement. A. The City Manager or his or her designee, including but not limited to police officers, code enforcement officers, or other enforcement officials shall have the authority to enforce the provisions of this Chapter. B. Any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. C. Any person who violates any provision of this Chapter shall be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. D. Nothing in this Chapter shall be intended to limit any of the civil or criminal remedies available to the City, nor shall it be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. 8.44.090 Appeals. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under Chapter 1.21." Section 2. PRIOR ORDINANCE. The provisions of Chapter 8.44 shall supersede the provisions of any ordinances in conflict therewith adopted by reference in Chapter 1.08 of the Temecula Municipal Code. ' Section 3. SEVERABILITY. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 4. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. R:/Ords 2008/Ords 08-04 ' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of July, 2008. ~N~I del S. Naggar, or ATTEST: [SEAL] R:/Ords 2008/Ords 08-04 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 08-04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of June, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of July, 2008, by the following vote: AYES: COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: ABSENT: ABSTAIN: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: None None None R:IOrds 2008/Ords 08-04