Jurupa Valley Municipal Code Ch. 4.05 Foreclosed Property Registration

A. The purpose of this chapter is to:

(1) Establish a registration program for foreclosed residential properties;

(2) To provide contact information for lenders and others acquiring such property;

(3) To encourage them to obtain agents to deal with such property; and

(4) To enforce maintenance and security standards when such property has been neglected during the foreclosure process or abandoned.

B. This chapter is not intended to, and does not, impose on foreclosed properties higher maintenance standards than required of other residential properties within the city.

C. This chapter is not intended to change the standards for property maintenance set out by the public nuisance provisions of this Code but to establish a procedure to confirm compliance for foreclosed properties.

(Ord. No. 2012-05, § 2(4.10.010), 6-7-2012)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means a vacant residential property where ownership has transferred as a result of foreclosure and/or which displays evidence of abandonment.

Evidence of abandonment means any condition that alone or combined with other conditions would lead a reasonable person to believe that the property has been abandoned and/or is not occupied by authorized persons. Such conditions include, but are not limited to, overgrown and/or dead vegetation; unmaintained pools or spas; an accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; an 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, statements by neighbors, passersby, delivery agents, or government employees that the property is vacant and/or has been abandoned; unauthorized utility hookups; signs of camping or other unauthorized habitation.

Evidence of neglect means any condition that alone or combined with other conditions would lead a reasonable person to see that the property is not maintained to the same standards as others in the vicinity. Such conditions include, but are not limited to, overgrown or dead vegetation; weeds or unmowed lawns; dirt or trash accumulation, unmaintained pools or spas; and broken windows.

Foreclosed property means a residential property within the city where title has transferred as the result of a foreclosure sale, deed in lieu of foreclosure or similar arrangement.

Vacant means a building/structure that is not occupied by authorized persons, and includes abandoned property.

(Ord. No. 2012-05, § 2(4.10.020), 6-7-2012)

The purpose of registration is to obtain identification and location of foreclosed properties, contact information regarding the new owner, information regarding the condition of the property and to inform owners of the maintenance and security standards applicable to such property.

(1) Registration. Within fifteen (15) calendar days of acquisition of a foreclosed property (which date at the latest shall be that of recording a deed evidencing such transfer), the new owner of the property or its agent must inspect the property as set out in subsection (2) of this section and thereafter register the property with the city as set out in this chapter. The City Manager shall designate a department to administer such registrations.

(2) Inspection and re-inspection. That owner or its agent shall perform an inspection of the property to determine whether it meets the maintenance standards in this chapter and the Jurupa Valley Municipal Code as a whole or whether it has been neglected during the foreclosure process and/or abandoned. In the event the property has not been abandoned, the owner shall re-inspect the property on a regular basis, but not less than monthly, to determine whether its condition complies with this chapter and the requirements of the Jurupa Valley Municipal Code.

(3) Registration information. The registration shall contain the following information: Address and APN for the foreclosed property; name and current contact information for the owner, including an emergency contact number; name and current contact information for the owner's agent or local property manager, and an emergency contact number; the date of acquisition of the property and the status of the property as of the inspection. No address may be a post office box. Contact information shall be updated within fifteen (15) calendar days of any change to keep it current.

(4) Registration fee. At the time of initial registration of the property, and annually thereafter or until the property is sold to a third party, the owner shall pay a registration fee in an amount established by City Council resolution. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. Late payments will be subject to a penalty determined in the fee resolution.

(5) Termination of registration. At such time as the owner of the foreclosed property sells the property to a third party, the owner shall notify the city in writing of such sale in order to terminate the registration requirement. Such notice shall include current contact information for the purchaser.

(Ord. No. 2012-05, § 2(4.10.030), 6-7-2012)

Foreclosed properties shall be maintained to the same standards as apply to similar properties within the city in order to avoid creation of a public nuisance under this Code; i.e., they shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, or printed material. These requirements apply regardless of whether the property has been registered or inspected.

(1) The property shall be kept 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.

(2) Visible front and side yards shall be watered as necessary (or as allowed); grass mowed and trimmed, planting trimmed, dead plants, weeds and trimmings removed; without broken concrete or asphalt or the use of plastic sheeting, indoor-outdoor carpet or similar material in yards.

(3) All pool and spa areas shall be fenced and secured as required by law. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or shall be drained and kept dry and secured.

(4) Adherence to this section does not relieve the 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.

(Ord. No. 2012-05, § 2(4.10.040), 6-7-2012)

A. Foreclosed properties shall be secured in a manner which will prevent access by unauthorized persons including, but not limited to, the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that may allow a child to access the interior of the property and/or structure(s). In the case of broken windows, securing means the re-glazing or boarding of the window. These requirements apply regardless of whether the property has been inspected or registered. The city may require additional security measures as deemed necessary on a case by case basis.

B. The abandoned property shall be posted with the name and twenty-four (24) hour contact phone number of the local property maintenance company that must be retained by an out of area beneficiary/trustee. The posting shall be no less than eighteen (18) by twenty-four (24) inches and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain, along with the name and twenty-four (24) hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on the interior of a window facing the street to the front of the property so that 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. The exterior posting must be constructed of and printed with weather-resistant materials.

(Ord. No. 2012-05, § 2(4.10.050), 6-7-2012)

This chapter may be enforced by any means legally available, including, but not limited to, the Code enforcement actions described in Title 1 and administrative citations pursuant to Chapter 1.20. Each requirement (inspection, registration, maintenance and security) may be treated as a separate violation. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this chapter is committed, continued, or permitted by any person.

(Ord. No. 2012-05, § 2(4.10.060), 6-7-2012)