El Centro Municipal Code Art. XX Registration, Maintenance and Security of Vacant Buildings

(a) It is the purpose and intent of this article to require owners or other parties responsible for any vacant private property within the City to register and maintain current contact information with the City so that Code Enforcement officials can track, inspect, and monitor these properties, and identify and contact the responsible party if the property lacks maintenance or security.

(b) The further purpose of this article is to set out the security and maintenance and standards required of the owners of such vacant property.

(Ord. No. 20-01, § 2, 4-7-20)

The words and phrases used in this article shall have the meanings set forth in this section.

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

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

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 section.

Police chief means the Chief of the El Centro Police Department or designee.

Dangerous building means any building/structure that is found by the building official or to be in a substandard or hazardous condition that could cause harm to persons in or around the building or structure.

Days means consecutive calendar days unless otherwise provided.

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

Designated agent means a person or entity designated in writing by the responsible party to handle matters relating to the property and includes, but is not limited to, any real estate agent or broker with whom the property is listed or any local property management company.

Distressed vacant property means a vacant lot or structure means any lot structure or building that is unoccupied or occupied by unauthorized persons.

(a) Upon which code or potential or actual public nuisance violations exist as defined by this ordinance or determined by the enforcement authority; or

(b) A vacant structure under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale, or that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or that has been transferred under a deed in lieu of foreclosure.

Enforcement authority means the police chief, community development director, community services director, building official, code enforcement officer or their designees.

Evidence of vacancy means any set of facts or conditions that on its own or combined with other facts and conditions present would lead the enforcement authority to believe that the property is vacant. Such conditions include, but are not limited to, the presence of unauthorized persons, 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 occupancy, and/or statements by neighbors, passersby, delivery agents, and/or 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 auction to satisfy the debt if the trustor defaults.

Authorization to enter property letter means a trespass authorization form pursuant to Penal Code Section 602 signed by a property owner or its designated agent which allows the El Centro Police Department to act as the owner's agent for purposes of enforcing laws against any person(s) found on private property without the owner's consent or without lawful purpose.

Local property management company means an entity located within twenty-five (25) miles of the subject property that is responsible for the day-to-day maintenance, upkeep, and security of the property.

Property means any improved or unimproved real property owned by any person and/or entity including any improvements on such real property.

Public nuisance conditions means any condition existing on the property in violation of the City Code or state law. The following acts and conditions, when performed or existing upon any lot or parcel within the city, are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare:

(a) Buildings or structures that are under construction or rehabilitation and are not completed during the term of a valid building permit or building permit extension issued by the building official or his or her designee.

(b) Unoccupied buildings or structures that have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements.

(c) Buildings or structures for human use or occupancy that have been left vacant for more than forty-five (45) days, unless one (1) of the following applies:

1. The building or structure is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation, as determined by the community development director or building official.

2. The building or structure complies with all codes adopted by the City of El Centro, does not otherwise constitute a public nuisance, is ready for use or occupancy and is actively being offered for sale, lease or rent.

3. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and secured as required by this ordinance.

(d) Buildings or structures that have been boarded for more than sixty (60) consecutive days.

(e) Buildings determined to be dangerous by the Building Official.

Owner means any responsible party.

Out of area means located outside of the Imperial Valley.

Responsible party means any owner of a vacant residence, the legal owner or, for a property where the owner is deceased, any family member who would inherit all or a portion of the property under state law. In the event there is more than one (1) responsible party for a single property, each responsible party shall be jointly and severally liable for compliance with all of the provisions of this article.

Vacant lot or structure means any lot structure or building that is unoccupied or occupied by unauthorized persons.

(Ord. No. 20-01, § 2, 4-7-20)

The community development director, code enforcement officer or chief of police, or any of their designees, is authorized to administer and enforce the provisions of this article and to provide procedures and forms for registration. The community development department shall administer the provisions of this article.

(Ord. No. 20-01, § 2, 4-7-20)