Kingsburg Municipal Code Ch. 8.22 Abandoned Residential Property Registration

This chapter shall be known as the "Abandoned Residential Property Registration Ordinance and may be so cited.

(Ord. No. 2008-08, § 1, 2008)

It is the purpose and intent of this chapter to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods within the city limits of the City of Kingsburg from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. No. 2008-08, § 1, 2008)

The terms as used in this chapter or in any resolution or standard adopted by the Kingsburg City Council pursuant to this chapter shall have the following meanings:

"Abandoned" means a property that is vacant and is 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 to the property was retained by the beneficiary of a deed of trust involved in the foreclosure, or that is transferred to the beneficiary of the deed of trust under a deed in lieu of foreclosure or sale.

""Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall or other similar feature.

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

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

"Buyer" means any person, partnership, limited liability company, association, corporation, trust or other entity, or fiduciary who agrees to transfer anything of value in consideration of receiving title to the property.

"City" means the City of Kingsburg.

"Dangerous building" means any building or structure that would constitute a "dangerous building" as defined in section 302 of the Uniform Code for the Abatement of Dangerous Buildings or as defined by the International Conference of Building Officials and adopted by the city in force.

"Days" means consecutive calendar days.

"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, including, without limitations, second deeds of trust.

"Deed in lieu of foreclosure or sale" means a recorded document that transfers title to property from the trustor of a deed of trust to the beneficiary of a deed of trust or to a buyer upon consent of the beneficiary of the deed of trust.

"Default" means the failure to fulfill a contractual obligation, whether monetary or otherwise.

"Distressed" means a property that is under a current notice of default, or notice of trustee's sale, or pending tax assessor's lien sale or has been foreclosed upon by the trustee and title to the property conveyed to the beneficiary or a buyer by a trustee's sale or title to the property is conveyed to the beneficiary or a buyer by way of a deed in lieu of foreclosure or sales agreement.

"Evidence of vacancy" means any condition that on its own, or combined with other conditions, would lead a reasonable person to believe that the property is vacant. Such conditions include, without limitation, 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, lack of maintenance of swimming pool and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

"Foreclosure" means the process by which a property, subject to a deed of trust, is sold at auction to satisfy the debt if the trustor secured by the deed of trust.

"Local" means within ten (10) road-driving miles distance of a property.

"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the simple majority.

"Notice of default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale if the default is not cured as required by the provisions of the notice of default.

"Out-of-area" means in excess of ten (10) road-driving miles distance of the property.

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

"Owner of record" means the owner having record title to the property at any given point in time as identified in the office of the Fresno County Recorder's Office.

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

"Residential Building" means any building or structure or portion thereof, designed or permitted to be used for residential dwelling purposes, whether or not legally permitted or zoned for such use.

"Securing" means such measures as may be directed by the city's city building official or his or her designee that assist in rendering a property inaccessible to unauthorized persons including, but not limited to, the repairing of fences and walls, chaining or pad locking of gates, and the repair or boarding of door, window or other openings. Boarding shall be completed to a minimum of the current Housing and Urban Development (HUD) securing standards at the time the boarding is completed.

"Trustee" means the person, partnership, limited liability company, association, corporation, or other entity or fiduciary named as trustee under a deed of trust.

"Trustor" means the person, partnership, limited liability company, association, corporation or other entity or fiduciary named as the trustor under a deed of trust.

"Vacant" means a Residential Building that is not legally occupied.

(Ord. No. 2008-08, § 1, 2008)

Within ten (10) days after transfer, assignment or conveyance of a loan secured by a deed of trust recorded against title to property, or the substitution of a new or replacement trustee, the new beneficiary or trustee shall record with the Fresno County Recorder's Office an assignment of deed of trust or substitution of trustee or similar document which identifies the name of the new beneficiary or trustee and the mailing address and contact telephone and facsimile number of the new beneficiary or trustee.

(Ord. No. 2008-08, § 1, 2008)

(A) A beneficiary and trustee identified in a deed of trust recorded against title to property located in the city or its designee shall perform an inspection of the property that is after default by the trustor and prior to recording a notice of default with the Fresno County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, it is, hereby deemed abandoned and the beneficiary and trustee shall, within ten (10) days after the inspection, register the property with the city's city building official or his or her designee on forms provided by the city.

(B) If the property is occupied but remains in default, it shall be inspected by the beneficiary and trustee monthly until:

1. The trustor cures the default, or

2. The property is found to be vacant or shows evidence of vacancy, at which time it shall be deemed abandoned and the beneficiary and trustee shall, within ten (10) days after the inspection, register the property with the city's city building official, or his/her designee, on forms provided by the city.

(C) The registration required by subsections (A) or (B) above shall contain the name of the beneficiary and trustee, the mailing address of the beneficiary and trustee, a specific contact person with telephone and facsimile numbers for that specific contact person, and in the case of a out-of-area beneficiary and trustee, the local property management company responsible for the security, maintenance, and marketing of the property.

(D) An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the remaining portion of the calendar year in which the registration was provided. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 15 of the year due.

(E) A property shall remain subject to the annual registration requirement, payment of fees and the security and maintenance standards of this chapter so long as the property remains vacant.

(F) Any beneficiary and trustee that has registered a property under this section must report any change of information contained in the registration to the city's city building official or his/her designee within ten (10) days after the change.

(G) Any beneficiary or trustee who fails to comply with any of the requirements of this section shall be subject to enforcement under chapter 1.16 of title 2 of this Code and pursuant to any other federal, state or local laws, regulation or ordinance.

(Ord. No. 2008-08, § 1, 2008)

In addition to any other applicable provisions and requirements of this Code, properties subject to registration under this chapter shall be maintained by the beneficiary and trustee as follows:

(A) In comparison to the neighborhood standard, the property shall be 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 or any other items that give the appearance that the property is abandoned or vacant.

(B) All buildings, structures, fences and other improvements located on the 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 building, structure, fence or improvement.

(C) All areas located on the property visible from the public right-of-way shall be landscaped and maintained to the neighborhood standard at the time registration is required.

1. Landscape includes, without limitation, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark. or artificial turf or sod designed specifically for residential installation.

2. Landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.

3. Maintenance includes, without limitation, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all trimmings.

(D) Pools and spas shall either be kept in working order so the water remains clear and free of pollutants, debris, and any kind of larvae that would cause a health danger to the surrounding vicinity, or drained and kept dry. In every case, properties with pools or spas must comply with the minimum security fencing requirements of the state.

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

(Ord. No. 2008-08, § 1, 2008)

In addition to any other applicable provisions and requirements of this Code, properties subject to registration under this chapter shall be secured by the beneficiary and trustee as follows:

(A) The property shall be maintained in a secure manner so that it is not accessible to unauthorized persons. Secure manner includes, without limitation, the closure and locking of all windows, doors, gates, and any other opening of such size that may allow a child access to the interior of the property or any building or structure on the property. In the case of broken windows or doors, securing means the replacement or boarding of the window or door.

(B) If the property is owned by a corporation, partnership, limited liability company, association, or other entity or a fiduciary or an out-of-area beneficiary, trustee or owner:

1. A local property management company shall be retained by said owner to perform the monthly inspections and to maintain and secure the property as required by this chapter. The property management company and specific contact person therefore shall be specifically identified on the registration form for the property.

2. The property shall be posted with the name and twenty-four-hour contact telephone and facsimile number of the local property management company. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a distance of fifty (50) feet from the street fronting the property and shall contain, along with the twenty-four-hour contact name and numbers, 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 fronting the property so that it is visible from the street, or secured to the exterior of a building or structure facing the street fronting the property so that it is visible from the street. If no such area exists, the posting shall be attached to a stake of sufficient size to support the posting in a location in the front of the property that is visible from the street but not readily accessible to vandals. The exterior posting must be constructed of and printed with weather resistant materials.

3. The local property management company shall inspect the property no less than on a monthly basis to determine if the property is in compliance with the requirements of this chapter.

(Ord. No. 2008-08, § 1, 2008)

In addition to the enforcement remedies established by other applicable provisions or requirements of this Code, the [city's] city building official, or his/her designee, and the fire chief shall have the authority to require the beneficiary, trustee, owner and property management company to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, installing security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to reduce the decline of the property.

(Ord. No. 2008-08, § 1, 2008)

(A) If any person or entity subject to the provisions of this chapter fails to maintain and secure property as required by this chapter within ten (10) days after the date of issuance of a notice of violation of any of the provisions of this chapter, the city shall have the right to enter the property to maintain and secure the property by city personnel or private contractor, and entry upon the property is expressly authorized for such purposes. The city and/or its contractor shall not be held liable to any person or entity for any purpose or any reason as a result of exercise of its right to enter, maintain and secure a property unless damage to the property is caused by the gross negligence or willful misconduct of the city and/or its contractor. Upon completion of the maintenance and/or security the property, the city shall cause a statement of the costs and expenses to be prepared for submission to the city council. The city shall set a time and place for the city council to receive and consider the statement of costs and expenses and shall serve on the owner of the property and any other applicable person or entity subject to the provisions of this chapter, a copy of the statement of costs and expense and a notice of the time and place at which the city council will receive and consider the statement of costs and expenses. The statement of costs and expenses and the notice of date and time of city council consideration thereof shall be served in the same manner as provided in [sub]section[s] 17.92.046(c)(1) [and] (2) of this Code. The city council shall conduct a hearing and accept oral and written evidence regarding the statement of costs and expenses. The city council may sustain, modify or overrule the statement of costs and expenses. The decision of the city council is the final decision regarding the statement of costs and expenses.

(B) If the owner of the property and/or any person or entity subject to the provisions of this chapter fails to pay the total amount of costs and expenses approved by the city council within fifteen (15) days after the date of such approval, the city shall file in the office of the Fresno County Recorder a notice of lien of substantially the following form:

NOTICE OF LIEN

"Pursuant to the authority vested by the City of Kingsburg Municipal Code, and on or about ________, the Kingsburg City Council did assess costs and expenses in the amount of $________ upon that certain real property commonly known as ___________, Kingsburg, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and the same has not been paid. The City of Kingsburg hereby claims a lien on the Real Property for said costs and expenses in the amount of $________. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record."

Immediately upon the recording of the notice of lien, the total amount of the costs and expenses assessed shall constitute a lien on the real property. Such lien shall, for all purposes, be upon parity with the lien of state and local taxes.

(C) The notice of lien, after recording, shall be delivered to the Tax Assessor of Fresno or Tulare County, as applicable, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount, shall be collected together with all other taxes levied thereon against the real property. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to the levy, collection and enforcement of the costs and expenses.

(Ord. No. 2008-08, § 1, 2008)

The fee for registering an abandoned residential property shall be set by resolution of the city council.

(Ord. No. 2008-08, § 1, 2008)

Every violation of this chapter is declared to be a nuisance and may be enforced pursuant to the applicable provisions of this Code and applicable state and federal law. Violations of this chapter shall be treated as a strict liability offense regardless of intent.

(Ord. No. 2008-08, § 1, 2008)