Banning Municipal Code Ch. 8.12 Registration of Vacant Properties

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Editor's note— Ord. No. 1589, § 1, adopted July 11, 2023, repealed the former Ch. 8.12, §§ 8.12.010—8.12.070, and enacted a new Ch. 8.12 as set out herein. The former Ch. 8.12 pertained to vacant and distressed buildings and derived from prior history: Code 1965, § 110-28.5 as amended by Ord. No. 1347; Ord. No. 1394, § 1 (Exh. A).

Vacant properties are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owners of such properties fail to actively maintain and manage them. It is the purpose and intent of this chapter to establish a registration of residential, commercial, industrial, and mixed-use properties that are vacant, abandoned, distressed, in disrepair, or in a state of foreclosure or default. These mechanisms are in place to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned or vacant properties, including residential and commercial properties that are subject to foreclosure proceedings and residential properties that are being held by a beneficiary following the completion of a foreclosure proceeding, pending sale by the beneficiary or pending lease by the beneficiary and occupancy of the unoccupied residential structure. Vacant properties discourage economic development, retard appreciation of property values, are potential fire hazards, and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance, among other things. The purpose of this chapter is to establish uniform and reasonable regulations to prevent the immediate risks and detrimental effects associated with vacant properties.

(Ord. No. 1589, § 1, 7-11-23)

The registration and maintenance requirements of this chapter are applicable to any improved property vacant regardless of when such property became vacant. The provisions of this chapter are in addition to other provisions of this Code that pertain to abandoned, distressed, or vacant properties or property maintenance.

(Ord. No. 1589, § 1, 7-11-23)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section unless the context in which it is used clearly requires otherwise.

"Beneficiary" means a lender under a promissory note to pay money secured by a deed of trust on property. "Beneficiary" includes any assignee or successor to such beneficiary, whether such assignee or successor acquires its interest in the beneficiary's promissory note either before a notice of default is recorded on the property securing the obligation payable to the beneficiary or after a notice of default is recorded. In the event that a property may provide security for the loan or obligation of more than one beneficiary, the beneficiary who causes its notice of default to be recorded shall be responsible for registering the property as set forth in this chapter.

"Building official" means the individual within the city responsible for direct regulatory administration or supervision of administrating the city's building code ordinance and plan review activities, or such person designated by that official for purposes of this chapter.

"City" means the City of Banning.

"Community development director" means the city's community development director or such person designated by that official for purposes of this chapter.

"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. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.

"Default" means the failure to fulfill a contractual obligation, monetary or conditional.

"Distressed" means a property that is under a current notice of default and/or notice of trustee's sale or has been foreclosed upon by the trustee or has been conveyed to the owner via a deed in lieu of foreclosure or sale.

"Evidence of vacancy" means any property condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that such property is vacant. Such conditions include but are not limited to, the absence of a current and valid planning entitlement, building permit, or business license to operate any business, a Notice to Abate a Public Nuisance filed against the property owner, tenant, lessee, or other responsible party, a notice, filed by the building official or their designee that the property, or part of the property is not safe for human occupancy, overgrown and/or dead vegetation, dry brush, weeds, accumulation of newspapers, circulars, flyers, notices or mail (except those required by federal, state or local law), abandoned automobiles not properly stored within a building, past due utility notices and/or disconnected utilities, accumulation of trash, junk, building materials and/or debris, discarded personal items including but not limited to furniture, clothing, large and small appliances, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items.

"Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold to satisfy the debt if the trustor (borrower) defaults.

"Local" means located or existing within forty road/driving miles distance of the subject property.

"Notice of default" means a recorded notice that states that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale.

"Owner" means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner" includes, without limitation, any beneficiary or trustee of real property.

"Property" means any improved real property, or portion thereof, situated in the incorporated territory of the City of Banning, including any buildings or structures located on such improved real property.

"Trustee" means the person, firm or corporation holding a deed of trust on a property.

"Vacant" means a building or structure that is not legally occupied.

(Ord. No. 1589, § 1, 7-11-23)

A. The owner of any abandoned, distressed, or vacant property must register the property with the City of Banning Community Development Department in accordance with this chapter.

B. Registration is required no later than the earliest applicable occurrence of any of the following:

1. Thirty days it becomes vacant and the owner does not intend for the property to be reoccupied.

2. Ten days after it has been vacant and not reoccupied for a period of thirty days.

3. Ten after the city gives written notice to the owner that the property is vacant based on an inspection pursuant to Section 8.12.050.

C. The city registry of abandoned, distressed, and vacant properties shall be maintained in writing on such forms that the community development director requires, and shall include but not necessarily limited the following information: (i) the location on the property; (ii) the name of the property owner (corporation or individual); (iii) the direct street/office mailing address of the owner (no postal boxes); (iv) a direct contact name and phone number for the owner; and (v) in the case of a corporation or non-local owner, the local property maintenance company and/or real estate agency responsible for the security, maintenance, and marketing of the property. It shall be the responsibility of the owner to notify the city of any changes to the registration information required by this chapter within ten days of the change.

D. Registration must be renewed on an annual basis until the property is no longer abandoned, distressed, or vacant.

E. Registrations are valid for the calendar year in which they are first required and must be renewed on an annual basis no later than January 31st of the applicable renewal year. Renewal registrations must be accompanied by current inspection report in a form approved in the advance by the community development director. The owner of the property must notify the city of any change in the status of the property.

F. The city council shall establish fees for registration and renewals required under this chapter. Any such fee must accompany registration application or renewal as applicable. Registration and renewal fees shall not be prorated.

G. In the event that a property is encumbered by the security interests of more than one beneficiary at the time when a notice of default is recorded, the beneficiary who causes a notice of default for its security interest to be recorded shall be responsible for registering the property with the city as provided in this section. Upon the recordation of a notice of default on a property by any beneficiary, regardless of the security lien interest priority of such beneficiary in the property in relation to the priority of the security interests of the other beneficiaries in the same property, the city, in its discretion may elect to enforce the provisions of this chapter against one or more beneficiaries who have not separately recorded a notice of default against the property.

H. For any property registered pursuant to this section that is subject to a notice of default, the beneficiary or its agent shall give the city written notice within ten days following: (i) release of a notice of default and the reinstatement of the loan of the trustor; and/or (ii) the sale, transfer or other conveyance to a third person of a property, which notice shall include the current contact information for such bona fide purchaser/successor-in-interest to the beneficiary in such property.

(Ord. No. 1589, § 1, 7-11-23)

A. The City Code Enforcement Division may inspect any property upon evidence of vacancy for the purposes of determining whether it must be registered pursuant to this chapter. If the city finds as a result of such inspection that the property is vacant, the owner shall be given written notice of the results of the inspection and the requirement that the property be registered pursuant to this chapter.

B. The City Code Enforcement Division shall inspect every property registered pursuant to Section 8.12.040 every six months for the purpose of determining compliance with this chapter.

C. All inspections pursuant to this section shall be conducted upon prior reasonable notice and, where possible, the consent of the owner, and/or occupant of the property. In instances when the owner or occupant's permission cannot reasonably be obtained despite due and diligent inquiry by the city, or where the owner occupant expressly refuses to consent to an inspection, the city's inspection shall consist of the exterior areas of the property that may be viewed from the adjacent public right-of-way or from adjacent property on which the owner or occupant of such adjacent property has consented to entry onto such adjacent property by the city or owner for the purpose of conducting an inspection of the adjoining property.

D. The city shall maintain a written record of each inspection conducted pursuant to this section, which record shall at a minimum include The name and title of the person(s) who conducted the inspection, the reason(s) for the inspection, the date and time of the inspection, and the following information about the property:

1. Whether it is occupied or vacant, and if vacant, set forth facts to support the evidence of vacancy.

2. Whether it is in compliance with the general maintenance and monitoring standard set forth in Section 8.12.060.

3. Photos of the interior and exterior of the property.

4. Exterior photos from at least two adjacent streets, if applicable.

5. A statement as to the most recent business use conducted or provided by the former occupant, resident, tenant, or lessee to occupy the property.

6. The approximate length of time in which the property has been abandoned or vacant.

7. A statement identifying the efforts taken to rent, lease, sell, or otherwise occupy the property with a legally permitted and permissible use.

8. If security appliances have been installed on the property by owner, occupant or another person or entity, the inspection report shall indicate whether the installed security appliances are intact and in good and serviceable condition.

9. Such other property-specific information as the building official or the community development director or designee may direct in writing the owner.

(Ord. No. 1589, § 1, 7-11-23)

A. Abandoned, distressed, and vacant properties must be, in comparison to the neighborhood standard, kept free of evidence of vacancy, which shall include but not be limited to compliance with the following:

1. The exterior of any building, including but not limited to paints and finishes, shall be maintained in good condition and in accordance with previously approved plans, if any.

2. The landscaping of visible front and side yards shall be maintained in good condition and in accordance with previously approved plans, if any.

3. Exterior trash, debris, abandoned automobiles and graffiti shall be promptly and regularly removed.

4. Pools and spas shall either (i) be kept in working order so the water remains clear and free of pollutants and debris, or (ii) 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.

5. The property and all buildings and structures thereon shall be reasonably secured to prevent unauthorized entry and access or in accordance with such other specific securing standard as may be ordered in writing by the code enforcement officer, chief building official, or the community development director.

6. All buildings and structures on the property shall be maintained in compliance with all applicable codes and regulations.

7. The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, 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 the appearance that the property is abandoned.

8. The property shall be kept 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.

B. If the owner of a registered property is a corporation or resides outside the city, the owner shall retain a local property management company to perform weekly inspections to verify that the requirements of this section, and any other applicable law, are being satisfied. The local property management company shall make available to the city upon request written confirmation that the property has been inspected not less frequently than once per week to confirm that the property is in compliance with the requirements of this chapter.

C. Upon prior written application in a form approved by the community development director and accompanied by a fee as determined by a resolution of the city council, the owner of a registered property may enter into a memorandum of agreement with the city in a form acceptable to the city attorney for administration of the provisions of this section as to one or more properties. Such a memorandum shall have a duration of not more than twelve months, unless renewed or extended by the owner and the city and shall contain other provisions reasonably acceptable to the community development director, or designee. Each such memorandum of agreement shall reference this section, and shall be subject to the approval by the community development director.

D. Adherence to the maintenance and monitoring standard set forth in this chapter does not relieve the owner of any requirement or obligation imposed by or pursuant to this code or any covenant, condition, and restriction, or any homeowners' association rule or regulation.

(Ord. No. 1589, § 1, 7-11-23)

Abandoned, distressed, and vacant properties shall be posted with the name and twenty-four hour contact phone number of the owner or the person they have retained to maintain the property. The posting shall be no less than eighteen inches by twenty-four inches and shall be of a font that is legible from a distance of forty-five feet and shall contain, along with the name and twenty-four hour contact number, the words:

"THIS PROPERTY MANAGED BY [insert name here]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert 24-hr contact phone number here]."

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 street to the front of the property so it is visible from the street; if no such area exists, on a stake of sufficient size to support the posting in a location that 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.

(Ord. No. 1589, § 1, 7-11-23)

A. The City Code Enforcement Division shall have the primary responsibility for enforcing this chapter and to require corrective actions including, but not limited to, securing any/all door(s), window(s) 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 a property.

B. Nothing in this chapter shall be deemed to prevent the city, upon appropriate written application to the superior court, from seeking appointment of a receiver for property under applicable law, to provide appropriate preservation, maintenance, security or abatement of adverse conditions on any abandoned property or to appoint a receiver or take other action.

(Ord. No. 1589, § 1, 7-11-23)

A. It shall be unlawful for any persons to fail to register or maintain any property as required by this chapter. Failure to timely register a property as required by this chapter shall be treated as a strict liability offense regardless of intent. Each day that a property remains is not registered or is not maintained as required by this chapter shall be a separate offense.

B. Violations of this chapter are punishable pursuant to Chapter 1.20 (Administrative Citations), Chapter 1.24 (Criminal Citations), or Chapter 1.28 (General Penalty) of this Code in addition to any other remedies, criminal or civil, that may be available to the city.

C. For purposes of Chapter 1.24 (Criminal Citations), failure to timely register a property or to notify the city of the disposition of a registered property as required by the chapter shall be deemed an infraction subject to penalty as provided in Section 1.28.030 of this Code.

D. The remedies available to the city under this chapter to respond to adverse property maintenance conditions on properties where foreclosure proceedings have been initiated by a beneficiary or to respond to adverse property maintenance conditions on properties where a beneficiary has completed the exercise of its remedies following the recordation of a notice of default under this chapter are expressly declared to be cumulative with all other remedies available to the city under applicable law.

(Ord. No. 1589, § 1, 7-11-23)

Any violation of this chapter is hereby declared a public nuisance subject to abatement pursuant to Chapter 8.48 (Nuisances) of this Code in addition to any In addition to any other remedies, criminal or civil, that may be available to the city.

(Ord. No. 1589, § 1, 7-11-23)

In addition to the enforcement remedies established in chapters 1.20 and 1.28 of this Code, the City of Banning code enforcement division shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this chapter 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 guard, or other measures as may be reasonably required to arrest the decline of the property. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in chapter 1.32 of this Code.

(Ord. No. 1598, § 8, 2-27-24)