Coachella Municipal Code Ch. 8.60 Registration and Maintenance of Abandoned Properties

It is the intent of the city council, through the adoption of this chapter, to establish a mechanism to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned properties; to establish an abandoned property registration program and to set forth guidelines for the maintenance of abandoned properties.

(Ord. 996 § 1 (part), 2008)

Certain words and phrases in this chapter are defined, when used herein, as follows:

"Abandoned" means any building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed pursuant to a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed under a deed in lieu of foreclosure/sale.

"Accessible property" means real property that is accessible to the public, either, in general or through an open and unsecured door, window, gate, fence, wall or entry point.

"Accessible structure" means a building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior.

"Agreement" means any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange.

"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 participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust.

"Buyer" means any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property pursuant to an "agreement" as that term is defined herein.

"Dangerous building" means any building or structure reasonably deemed by qualified by city staff to represent a violation of any provision specified in this code.

"Days" means calendar days.

"Deed of trust" means an instrument whereby an owner of real property, as trustor, transfers an interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust, including, but not limited to, a 2nd trust deed and 3rd trust deed.

"Deed in lieu of transfer" means a recorded instrument that transfers ownership of real property between parties to a particular deed of trust as follows - from the trustor, i.e., borrower, to the trustee upon consent of the beneficiary, i.e., lender.

"Default" means the material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make a payment when due.

"Distressed" means any building, structure or real property that is subject to a current notice of default, notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed pursuant to a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed under a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.

"Enforcement official" means the city manager, the building official, code enforcement officer, the chief of police and/or any employee or agent of the city designated and/or charged with enforcing this code, including, but not limited to, applicable codes adopted by reference therein.

"Evidence of vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: 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 absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

"Foreclosure" means the process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor, i.e., borrower.

"Local" means within forty (40) driving miles of the building, structure or real property in question.

"Neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered.

"Notice of default" means a recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee's sale.

"Out of area" means in excess of forty (40) road or driving miles of the subject property.

"Owner" means any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.

"Owner of record" means the person holding recorded title to the real property in question at any point in time when official records are produced by the Riverside County recorder's office.

"Property" means any unimproved or improved real property, or portion thereof, including, but not limited to, buildings or structures located on said real property, regardless of condition.

"Residential building" means any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use.

"Securing" means such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, repairing fences and walls, chaining or pad locking gates, the repairing or boarding doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development.

"Trustee" means any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.

"Trustor" means any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner or trustor.

"Vacant" means any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy.

(Ord. 996 § 1 (part), 2008)

Within ten (10) days of a property transaction involving a change in the identity of an owner or the 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 or 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. This duty and obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(Ord. 996 § 1 (part), 2008)

A. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property in question prior to recording a notice of default or similar instrument with the Riverside County recorder's office. If the property is found to be vacant or shows evidence of vacancy, as defined by the chapter, it is hereby deemed to be abandoned.

B. Within ten (10) days of identification of any abandoned property, the beneficiary and trustee must register the property with the Coachella code enforcement department on specified forms.

C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until:

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

2. The property is found to be vacant or shows evidence of vacancy, deemed abandoned and rendered subject to subsection B of this section.

D. The registration pursuant to subsection B of this section shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.

E. The registration pursuant to subsection B of this section shall be renewed annually.

F. An annual registration fee, adopted in conformance with Section 8.60.080, shall accompany the submission of each registration form. The fee and registration shall be valid for one year from the date of registration. Registration fees will not be prorated.

G. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale.

H. Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant.

I. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the Coachella code enforcement department of any change of information contained in the registration within ten (10) days of the change.

J. The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(Ord. 996 § 1 (part), 2008)

It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 8.60.040, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in Section 8.60.040 are adopted.

A. Any property subject to this section must comply with the requirements of Title 3 of this code.

B. In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, 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.

C. The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.

D. Visible front and side yards shall be landscaped and maintained to the neighborhood standard.

E. Landscaping 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.

F. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.

G. Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall 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.

H. Adherence to this section does not relieve the beneficiary, trustee or property owner of obligations set forth in any covenants conditions and restrictions and/or home owners association rules and regulations which may apply to the property.

I. The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

The sole exception to these maintenance requirements shall, within the sole reasonable discretion of a duly authorized enforcement official, apply to property subject to the registration requirement contained in Section 8.60.040 that is under construction and/or repair, not less than three business days per week, undertaken in compliance with all applicable law including but not limited to city permitting requirements.

(Ord. 996 § 1 (part), 2008)

A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Generally, "secure manner" means boarding unsecure windows, doors, and other openings with sheeting material in accordance with this section. As used herein, "sheeting material" or "sheeting" means a minimum of .20-inch thick clear or semi-clear shatter-proof polycarbonate material with a strength capable of sustaining impact without breaking or shattering, absent excessive force. For example, such polycarbonate material shall be capable of sustaining a human propelled brick without breaking or shattering. Examples of such sheeting strength yields would include strength yields equal or greater than American Society for Testing and Materials (ASDM) D638 Tensile Strength, Yield value of eight thousand (8000) psi. Sheeting shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. Unless otherwise granted a variance by the building authority from strict compliance herewith, materials such as particle board, wafer board, Masonite or other similar material shall not be used for boarding up property.

C. Boarding Standard—Windows.

1. Internal Compression Method. Windows with broken, missing, or removed glass, or that are otherwise unsecure, shall be boarded as follows:

a. All remaining broken glass shall be removed from the window opening including damaged frames as to provide a clean opening;

b. The sheeting material shall be cut to match the dimensions of the inside of the window casing so that when installed, the sheeting will fit tightly and not permit a tool to be placed behind it;

c. A ½-inch hole shall be drilled into each of the four corners of the sheeting material. The holes shall be positioned so they are no more than 1-inch from the window frame at the width and no more than six inches from the window sill and top frame;

d. Two solid continuous composite cross-beams shall be cut in sufficient length to be no less than eight inches longer than the horizontal width of the interior window casing. Each cross-beam shall be predrilled with 7/16 -inch holes that are positioned to match the horizontal pattern of the holes in the sheeting;

e. The sheeting shall be secured in place over the exterior of the window opening by placing a ⅜-inch corrosion resistant, smooth-head carriage bolt through each of the holes in the sheeting and then placing one washer onto each of the carriage bolts; the cross-beams shall then be aligned and affixed to such carriage bolts from the interior of the window opening. Another nut and washer shall be placed onto each of the carriage bolts and tightened with a ratchet to achieve sufficient torque and a slight deflection in the cross-beams so that the nuts cannot be loosened by hand. Once secured, no space shall exist between the sheeting and the exterior window casing.

2. Exterior Screw Method. Fixed or inoperable windows with intact glass; or windows in which the internal compression method is impractical shall be secured as follows:

A. The sheeting material shall be cut to match the dimensions of the inside of the window casing so that when installed, the sheeting will fit tightly and not permit a tool to be placed behind it;

B. Drill and countersink holes shall be made along the perimeter of the sheeting material starting with a hole at each of the four corners and adding additional holes at 10-inch increments around the perimeter of the sheeting. Minimum length 2-inch corrosion resistant security head screws shall be used in each hole to affix the sheeting to the window frame or exterior casing.

C. In the event the sheeting cannot be secured by cutting the sheeting material so as to neatly fit the inside window casing, the sheeting shall be placed over the exterior window casing such that the sheeting material covers the entire window casing and extends beyond the window casing at least 8 inches on center. The sheeting material shall be secured with minimum length 2-inch corrosion resistant security head screws secured at the corners, and along the sheeting outer edges in 10-inch spaced increments as described in subsection a. above.

3. Variance. If circumstances make the foregoing methods of installation impractical such as due to excessive frame, door and wall damage, or windows that are in an arc encasing or other unusual inset or characteristic the window or opening shall still be installed with the sheeting, but may be affixed and secured in any manner approved by the building authority as to achieve substantial compliance with this chapter.

D. Boarding Standard—Unsecure Doors; Sliding or Other Doors.

1. Exterior Access Door. At least one exterior door shall allow authorized persons access to the interior of the property. Such exterior access door may be secured by: (a) using a solid core wood or steel door with no windows or other openings in the door; (b) or hinged sheeting material. The door shall be securely locked using a padlock and hasp assembly that is bolted through the door or sheeting material. The lock loop portion of the hasp shall be attached to the door frame using a minimum of 3-inch long security screws.

2. Sliding Glass Doors and Other Exterior Doors. Sliding glass doors or exterior doors other than the exterior access door shall be secured in the same manner as described in Section 8.60.060(C).

E. If the property is owned by a corporation and/or out of area beneficiary, trustee or owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

F. The property shall be posted with the name and twenty-four (24) hour contact phone number of the local property management company. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ____________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."

G. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be 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, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

H. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

I. The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(Ord. 996 § 1 (part), 2008)

(Ord. No. 1092, § 2, 9-14-16)

In addition to the enforcement remedies established in this chapter, the city shall have the authority to require the beneficiary, trustee, owner 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 secure and reduce the visual decline of the property.

(Ord. 996 § 1 (part), 2008)

The fee for registering and re-registering an abandoned property shall be set, from time to time, by resolution of the city council. The amount of the fee charges shall not exceed the cost of administering the provisions of this chapter.

(Ord. 996 § 1 (part), 2008)

A. Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent.

B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 8.60.040, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this code.

C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to this code. Above and beyond the violation and penalty specified in this section, the city attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by this code, including, but not limited to commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to Title 3 of this code.

D. In the event the city issues an administration citation pursuant to Title 3 of this code to a party for violating this chapter, the subject party shall be responsible for payment of the following administrative penalties:

1. A party issued an administration citation for the first time shall pay an administrative citation of two hundred fifty dollars ($250.00);

2. A party issued an administration citation for the second time shall pay an administrative citation of five hundred dollars ($500.00);

3. A party issued an administrative citation for the third time shall pay an administrative citation of one thousand dollars ($1,000.00).

(Ord. 996 § 1 (part), 2008)

Any person aggrieved by any of the requirements of this chapter may appeal a determination made hereunder in the manner specified with respect to appeals under the Coachella Municipal Code, including, but not limited to, Title 3 of this code.

(Ord. 996 § 1 (part), 2008)