§ 110.88

(a)

Prior to recording a notice of default on a property located in the city which is subject to a deed of trust, the beneficiary, or its agent, shall conduct a default inspection of the property. When practicable, each default inspection shall be conducted upon prior reasonable notice and consent of the trustor and/or the occupant of the property. In instances when the trustor and/or the occupant's permission cannot reasonably be obtained despite due and diligent inquiry by the beneficiary, or where the trustor or the occupant may expressly refuse to give the beneficiary consent to a default inspection, the beneficiary or its agent shall conduct the default inspection of the exterior areas of the property which 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 beneficiary for the purpose of conducting a default inspection of the adjoining property. The beneficiary, or its agent, shall maintain a written record of the time and date of each default inspection and shall identify the individual who conducted the default inspection. The written record of each default inspection shall at a minimum indicate whether, at the time of the default inspection, the property was:

(1)

Occupied or vacant, and if vacant, set forth facts to support the evidence of vacancy;

(2)

In compliance with the general maintenance and monitoring standard set forth in section 110.88.040; and

(3)

If security appliances have been installed on the property by either the trustor, the beneficiary or its agent, or by another entity, the default inspection report shall indicate whether the installed security appliances are intact and in good and serviceable condition.

A default inspection report shall contain such other property-specific information as the chief building official or the city manager or his/her designee may direct in writing to the beneficiary.

(b)

The beneficiary, or its agent shall register the property with the code enforcement officer or the city manager or her/his designee, on forms provided by the city within ten days from the date a notice of default is recorded on the property.

(c)

For all property for which a notice of default has been recorded before April 12, 2013, and where since that date, such notice of default has not either been rescinded superseded, or the beneficiary has not sold the property to a third party pursuant to a trustee's sale, then in such event, the beneficiary or its agent shall register the property with the code enforcement officer or the city manager or his/her designee, on forms provided by the city by no later than April 30, 2013. The provisions of this subsection, are intended to apply to all property where:

(1)

A foreclosure proceeding may have been initiated prior to the effective date of this chapter;

(2)

The pre-April 12, 2013 notice of default has not been either rescinded or superseded; and

(3)

The beneficiary has not completed the exercise of its remedy identified under such pre-April 12, 2013, notice of default, for whatever reason, including without limitation one or more trial mortgage loan modification attempts by the trustor or borrower, loan forbearance by the beneficiary, beneficiary foreclosure moratorium or the effect of the pendency of bankruptcy proceedings of the trustor for which relief from stay has not been obtained from the bankruptcy court by the beneficiary.

(Ord. No. 2013-02, § 2, 3-13-2013)

(a)

Properties which are abandoned or vacant shall be, in comparison to the neighborhood standard, maintained and 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. Such property shall be maintained 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. In general, the maintenance of abandoned or vacant property shall comply with the standards set forth in current HUD securing standards, or such other standard as may hereafter be ordered in writing by the code enforcement officer, chief building official, or the city manager. Adherence to the maintenance and monitoring standard set forth in this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property.

(b)

Each property which is acquired by a beneficiary following the recordation of a notice of default, whether acquired by such beneficiary by foreclosure, deed in lieu of foreclosure, judgment of foreclosure, or in any other manner, shall be maintained by the beneficiary in accordance with the general standard set forth in subsection (a), for so long a period of time as the beneficiary may own such property.

(c)

Nothing in this section 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 property which is abandoned or vacant under [subsection (a)], or to appoint a receiver or take other action for property acquired by the beneficiary under subsection (b), but which thereafter is not being maintained under the standards set forth in this chapter. 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. 2013-02, § 2, 3-13-2013)

Sec. 110.88.045. - Security requirements.

Properties which are abandoned or vacant shall be maintained by the beneficiary in a secure manner so as not to be accessible to unauthorized persons. In general, the security of abandoned or vacant property by the beneficiary shall comply with current HUD standards, or such other standard as may hereafter be ordered in writing addressed to the beneficiary by the code enforcement officer, chief building official or city manager.

If the property is owned by a corporation and/or out-of-area beneficiary/trustee/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 law, are being satisfied.

The property shall be posted with name and address of the beneficiary and shall include a 24-hour contact phone number of the local property management company. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain along with the name and 24-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT

PROBLEMS OR CONCERNS CALL. [X] OR CALL THE CITY OF EASTVALE AT (951) 361-0900." 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 to the front of the property so it is visible from the street or, 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. Exterior posting must be constructed of and printed with weather resistant materials.

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.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.046. - Administrative memorandum with a beneficiary.

Upon prior written application in a form approved by the city manager, or designee, a beneficiary or a trustee or agent on behalf of one or more beneficiaries, may enter into a memorandum of agreement with the city for administration of the provisions of this chapter to one or more properties which are either owned by such beneficiary (or represented group of such beneficiaries) or for which the beneficiary has caused to be recorded a notice of default. Such a memorandum shall have a duration of not more than 12 months, unless renewed or extended by the beneficiary and the city and shall contain other provisions reasonably acceptable to the city manager, or designee. Each such memorandum of agreement shall reference this section, and shall be subject to the approval by the city manager, or designee.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.047. - Notice by beneficiary to city of disposition of registered property.

(a)

Within ten days following the release of a notice of default and the reinstatement of the loan of the trustor, the beneficiary or its agent shall give the city written notice of such release and reinstatement.

(b)

Within ten days following the sale, transfer or other conveyance to a third person of a property registered with the city under this chapter, the beneficiary or its agent, shall give the city written notice of such sale, transfer or other conveyance together with current contact information for such bona fide purchaser/successor-in-interest to the beneficiary in such property.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.048. - Re-registration of property subject to this chapter.

The beneficiary or its agent shall annually renew a registration of each property which the beneficiary has previously registered with the city under this chapter, and in which such beneficiary retains either an equitable or legal interest as of the first anniversary of the registration of such property with the city. The beneficiary or its agent shall re-register the property on forms provided by the city.

(Ord. No. 2013-02, § 2, 3-13-2013)

In addition to the enforcement remedies established in this Code, the code enforcement officer, chief building official or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property subject to 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 abate and correct the decline of the property.

(Ord. No. 2013-02, § 2, 3-13-2013)

Fees and charges for the administration of the regulatory program established by this chapter shall be set by resolution of the city council including without limitation the fee for registering with the city a property for which a notice of default has been recorded, the separate fee for registering with the city a property which either the beneficiary or the city has found to be vacant or abandoned, and all property inspection fees conducted by the city.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.061. - Additional fees where property serves as security for multiple liens.

In some instances, property may be subject to the recordation of multiple notices of default by different beneficiaries or other lienholders. The city may establish fees and charges for the administration of the regulatory program established by this chapter, which shall be applicable to the recordation of multiple notices of default by different beneficiaries or other lienholders, and such fees shall be set by resolution of the city council.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.070. - Enforcement.

A violation of this chapter may be enforced by any means authorized by this Code.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.071. - Fine for failure to timely register a property with the city.

(a)

Notwithstanding any other provision of this chapter or chapter 1.01, chapter 8.17 or chapter 8.18 to the contrary, the city may impose a fine on a beneficiary for its failure to timely register a property with the city under this chapter in the following amounts:

(1)

$250.00 for the first violation in the 12 months from the date of such violation;

(2)

$500.00 for the second violation in the 12 months from the date of such violation;

(3)

$1,000.00 for the third and each subsequent violation in the 12 months from the date of such violation.

(b)

The special fine amount provisions of this section shall be applicable to citations issued on or after April 12, 2013, by the city to a beneficiary for a violation of this chapter.

(c)

Notwithstanding any other provision of this chapter or chapter 1.01, chapter 8.17 or chapter 8.18 to the contrary, the city may impose a fine on an agent of a beneficiary for its failure to timely register a property with the city under this chapter or to give timely notice to the city of the disposition of the registered property under section [110.88.047], in the following amounts:

(1)

$250.00 for the first violation in the 12 months from the date of such violation;

(2)

$500.00 for the second violation in the 12 months from the date of such violation;

(3)

$1,000.00 for the third and each subsequent violation in the 12 months from the date of such violation.

(d)

The special fine amount provisions of subsection (c) shall be applicable to citations issued on or after April 12, 2013, by the city to an agent of a beneficiary for a violation of this chapter.

(Ord. No. 2013-02, § 2, 3-13-2013; Ord. No. 2020-01, § 1, 2-26-2020)

Sec. 110.88.072. - Prohibition against passing on costs, fees and fines to a trustor, subsequent purchaser or transferee.

It shall be unlawful for any trustee, beneficiary or agent of a beneficiary to pass on any costs, fees or fines imposed under any provisions of this chapter to any trustor, subsequent bona fide purchaser or transferee of a property, either as a condition of sale or transfer, or included as a cost or fee in escrow.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.073. - Special provisions where property is encumbered with the security interests of multiple beneficiaries.

(a)

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 section 110.88.030 and 110.88.049.

(b)

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.

(Ord. No. 2013-02, § 2, 3-13-2013)

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution under this chapter, chapter 1.01 and/or administrative enforcement under this Code.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.081. - Unlawful auction sale by trustee/penalty.

(a)

It is unlawful for a trustee to sell a property at auction pursuant to the powers conferred on such trustee by a deed of trust to a bona fide purchaser following the recordation of a notice of default, unless the property sold at auction pursuant to the powers conferred on such trustee by the deed of trust in favor of the beneficiary has been registered with the city as set forth under section 110.88.030 by the beneficiary or its agent for at least 30 days prior to date on which the notice of sale for such property has been recorded which sets the initial time and date of the auction.

(b)

A violation of subsection (a) shall be subject to prosecution under this chapter, section 1.01 as a misdemeanor, and/or administration enforcement under this Code.

(Ord. No. 2013-02, § 2, 3-13-2013)

Sec. 110.88.082. - Unlawful participation by trustee in short pay agreement/short sale/penalty.

(a)

It is unlawful for a trustee to release and reconvey a deed of trust following the issuance of a short pay demand statement, as this term is defined in [subsection 110.88.040(a)], pursuant to the powers conferred on such trustee by a deed of trust following the recordation of a notice of default, unless the property which is the subject of the short pay demand statement has been registered with the city as set forth under section 110.88.030 by the beneficiary or its agent.

(b)

A violation of subsection (a) shall be subject to prosecution under this chapter, section 1.01 as a misdemeanor, and/or administration enforcement under this Code.

(Ord. No. 2013-02, § 2, 3-13-2013)

CHAPTER 110.92. - GRADING