Cathedral City Municipal Code Ch. 13.135 Registration of Abandoned Properties

The purpose and intent of this chapter to establish an abandoned property registration program as a mechanism to protect neighborhoods in Cathedral City from becoming blighted through the lack of adequate maintenance and security of abandoned properties. The city council finds that the presence of vacant, abandoned properties frequently results in: (a) the decline of neighborhoods and reduced property values; (b) the creation of attractive public nuisances; and (c) dissuading potential buyers from purchasing homes located adjacent to abandoned properties or in neighborhoods with multiple abandoned properties.

(Ord. 660 § 1, 2008)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Abandoned"

means a 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 and/or 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 and any properties transferred under a deed in lieu of foreclosure or sale.

"Beneficiary"

means a lender under a note secured by a deed of trust.

"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.

"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, whether monetary or conditional.

"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, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and mail, past due and disconnect utility notices, accumulation of trash, junk and debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and personal items consistent with residential habitation, and statements, based on observations, by neighbors, passersby, delivery agents and government employees that the property is vacant.

"Foreclosure"

means 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.

"Local property management company"

means a property management company and/or real estate broker that is either based or maintains an office within twenty miles of city limits.

"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 twenty miles from the city limits.

"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 any real property.

"Property"

means any unimproved or improved real property or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.

"Trustee"

means the person, partnership, co-partnership, association, corporation, or fiduciary 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 building or structure that is not legally occupied.

(Ord. 660 § 1, 2008)

Within ten days of a property transaction involving a change in the identity of an owner or owner of record, or alternatively a transfer or assignment of a loan or deed of trust secured by residential property, each beneficiary and trustee engaged in said transaction, transfer or assignment shall record with the Riverside County recorder's office an assignment of rents, or similar instrument. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. The duty to record said instrument shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(Ord. 660 § 1, 2008)

A. Any beneficiary and trustee who holds a deed of trust on a property located within the city shall, upon default by the trustor, 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.

B. Any owner of property located within the city that is the subject of a foreclosure sale wherein title is transferred to the beneficiary of a deed of trust involved in the foreclosure shall perform an inspection of the property within ten days of the transfer of title.

C. Any owner of property located within the city that is transferred under a deed in lieu of foreclosure or sale shall perform an inspection of said property within ten days of the transfer.

D. If upon inspection performed pursuant to this section evidence of vacancy is discovered at the property, for purposes of this chapter, the property is deemed abandoned.

E. Within ten days of inspection of an abandoned property, the beneficiary or trustee or the owner shall register the property with the city using forms provided by the city. The forms shall reflect the identity of the owner or beneficiary and trustee, the direct mailing address of the owner, or beneficiary and trustee, and, when required under this chapter, the local property management company responsible for the inspection, maintenance and security of the property.

F. If a property for which a notice of default has been recorded is occupied, said property shall be inspected by the beneficiary or trustee, or designee, within ten days of the recording of the notice of default and on a monthly basis thereafter until either of the following events:

1. The trustor or another party remedies the default; or

2. The property becomes vacant and is declared abandoned within the meaning of this chapter, in which case the property shall be registered as provided in this section.

G. Any person or legal entity that has registered a property under this chapter shall make a written report to the city manager or designee of any change in information provided in the registration form, within ten days of the change.

H. Registration under this chapter shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent renewal of the registration is due January 1st of each year and must be received no later than January 31st of the year due.

(Ord. 660 § 1, 2008)

A. If both the beneficiary and trustee of a property upon which a notice of default has been recorded reside or are located out-of-area, the beneficiary and trustee shall at his or her or its own expense, hire a local property management company that will be responsible for the inspection, maintenance and security of the property. The local property management company shall be licensed to do business in the city. The local property management company is required to conduct inspections on a weekly basis to ensure that the property remains in compliance with all applicable laws and regulations.

B. If the owner of property located within the city that is the subject of a foreclosure sale resides or is located out-of-area, said owner shall retain, at his/her/its own expense, a local property management company that will be responsible for the inspection, maintenance and security of the property. The local property management company shall be licensed to do business in the city. The local property management company is required to conduct inspections on a weekly basis to ensure that the property remains in compliance with all applicable laws and regulations.

C. If the owner of property located within the city that is transferred under a deed in lieu of foreclosure or sale resides or is located out-of-area, said owner shall retain, at his or her or its, own expense, a local property management company that will be responsible for the inspection, maintenance and security of the property. The local property management company shall be licensed to do business in the city. The local property management company is required to conduct inspections on a weekly basis to ensure that the property remains in compliance with all applicable laws and regulations.

D. Properties for which the retention of a local property management company is required under this chapter shall be posted with the name and twenty-four-hour contact phone number of the local property management company in accordance with the standards established by the city.

(Ord. 660 § 1, 2008)

A. All properties subject to the requirements of this chapter shall comply at all times with all applicable state and local laws, including without limitation, the provisions of Chapter 13.80, "Public Nuisances" of the Cathedral City Municipal Code; the California Building Code; and the California Fire Code. Any code violation at the property that results in a public nuisance shall be processed as a public nuisance under Title 13 of this code.

B. For purposes of code compliance, the person owning, leasing, occupying or having charge or possession of the property is the person required to register the property and the local property management company responsible for the inspection, maintenance and security of the property, if any.

(Ord. 660 § 1, 2008; Ord. 776 § 90, 2016)

Properties subject to the requirements of this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that may allow a child to access the interior of any structure located upon the property. Broken windows shall be secured by reglazing the window or boarding of the window. Boarding shall be completed to the satisfaction of the city.

(Ord. 660 § 1, 2008)

The fee for registering an abandoned building shall be established by resolution of the city council.

(Ord. 660 § 1, 2008)

Except as otherwise provided, the provisions and prohibitions of this chapter shall be jointly administered by and the responsibility of the city's building and code compliance departments.

(Ord. 660 § 1, 2008; Ord. 776 § 91, 2016)

The city may issue an administrative citation in lieu of an infraction citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Sections 13.35.030, 13.35.040, 13.35.050, 13.35.060 or 13.35.070 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 660 § 1, 2008)

A violation of Sections 13.35.030, 13.35.040, 13.35.050, 13.35.060 or 13.35.070 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 660 § 1, 2008)

Any person convicted of an infraction or misdemeanor violation under this chapter shall, for each separate violation, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period from the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period from the date of the first offense. The fine for a fourth and any subsequent convictions of the same offense within a twelve-month period from the date of the first offense shall be one thousand dollars.

(Ord. 660 § 1, 2008)

A violation of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of the permit and/or license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 660 § 1, 2008)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140 including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 660 § 1, 2008)