§ 110.84

The term "safety assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or manmade disaster.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The provisions of this chapter are applicable, following each natural or manmade disaster, to all buildings and structures of all occupancies regulated by the city. The city council may extend the provisions as necessary.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The official city placards shall indicate one of the following three conditions for continued occupancy of buildings or structures:

(1)

Inspected—Lawful occupancy permitted. The placard describing this condition is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. Occupants should always be cautious of potential hazards following any natural or manmade disaster.

(2)

Restricted use—Off-limits to unauthorized personnel. The placard describing this condition is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

(3)

Unsafe—Do not enter or occupy. The placard describing this condition is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general term the type of damage encountered.

(b)

In addition to the conditions set forth in subsection (a) of this section, each placard shall also contain the city's address and telephone number along with the number of this city chapter.

(c)

Once the placard has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official or upon written notification from the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It shall be unlawful for any person, group, firm or corporation to remove, alter, deface or cover any city official placard until done so by an authorized representative of the building official or upon written notification from the city.

(b)

Any person, group, firm or corporation violating any provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than $1,000.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued, or permitted by any such person, and he shall be punished accordingly.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.88. - REGISTRATION OF RESIDENTIAL PROPERTY IN FORECLOSURE[[21]]

Footnotes:

--- ( 21 ) ---

Editor's note— Ord. No. 2013-02, § 1, adopted March 13, 2013, repealed and replaced ch. 110.88, §§ 110.88.010—110.88.090, in its entirety. Former ch. 110.88 pertained to abandoned and distressed residential properties regulations and was derived from Ord. No. 2011-04, §§ 1, 2, adopted January 26, 2011.

State Law reference— Authority of city to declare and abate nuisances, Health and Safety Code § 38771 et seq.; nuisances generally, Civil Code §§ 3479—3503.

Sec. 110.88.010. - Purpose/scope.

It is the purpose and intent of the city council, through the adoption of this chapter, to establish a registration of residential property in foreclosure program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned or unoccupied residential properties, including residential properties which are subject to foreclosure proceedings and residential properties which 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.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.020. - Definitions.

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

Abandoned means any property that is vacant and is under a current notice of default and/or notice of trustee's sale, and/or any property which has been the subject of a foreclosure sale trustee sale or judicially

authorized sale where the title was retained by the beneficiary under its deed of trust upon the conclusion of the foreclosure and any property transferred by the trustor under a deed in lieu of foreclosure/sale to either the beneficiary, the trustee or to any authorized entity as approved by the beneficiary.

Accessible property means a property that is accessible through a compromised/breached gate, fence, wall, etc.

Accessible structure means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

Agent means and refers to a trustee, a mortgage servicer and any other person authorized to act on behalf of a beneficiary with respect to a mortgage loan account, or real property which is pledged to the beneficiary as security to a mortgage loan, and for the purposes of this chapter, the term "agent" includes any person authorized to act on behalf of a beneficiary who has completed a foreclosure of property from and after the time such beneficiary has acquired title to the property which was formerly secured by a deed of trust in favor of such beneficiary when the agent is undertaking any work or responsibility for the former beneficiary with respect to the ownership, maintenance, use or other disposition of such property, including any affiliate of such a beneficiary which acquire title to such property either, at the time of foreclosure (or recordation of a deed in lieu of foreclosure).

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.

Assignment of rents means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.

Beneficiary means a lender under a promissory note to pay money secured by a deed of trust on property. The word "beneficiary" as used in this chapter means and 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.

Buyer means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.

City means the city of Eastvale.

Dangerous building means any building/structure that is in violation of any condition referenced in the city building code.

Days means consecutive calendar days.

Deed in lieu of foreclosure/sale means an instrument 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, monetary or conditional.

Default inspection means a physical inspection of the exterior areas of the property conducted by the beneficiary or its agent following the occurrence of a breach or event of default by the trustor under a deed of trust.

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 beneficiary/trustee via a deed in lieu of foreclosure/sale.

Evidence of vacancy means any objective set of facts or conditions that on its own or combined with other objective facts and 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.

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 (borrower) defaults.

Mortgage servicer or servicer means a person or entity responsible for the day-to-day management of a real estate or mortgage loan account, including collecting and crediting periodic loan payments, managing any escrow account, or enforcing mortgage loan terms, either as the holder of the loan note or on behalf of the holder of the loan note.

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 of record means the person having recorded title to the property at any given point in time the record is provided by the county recorder's office.

Property means any residential, zoned or occupied real property or portion thereof, situated in the city and includes the buildings or structures located on such property, regardless of condition.

Residential building 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 and/or zoned for such use.

Securing means such measures as may be directed by the chief building official or the city manager or his/her designee that assist in rendering the property inaccessible to unauthorized persons, including but

not limited to the installation or repair of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/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 building/structure that is not legally occupied.

(Ord. No. 2013-02, § 2, 3-13-2013)