Lomita Municipal Code Ch. 18 Vacant Building and Abandoned Property

[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 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 authorized entity as approved by the beneficiary.

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).

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.

Boarding means covering of all entry points to a building or structure, including all doors, windows and roof openings, with plywood or other materials for the purpose of preventing entry into the building.

City means the City of Lomita.

City manager means the city manager of the city, or designee.

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.

Evidence of abandonment or vacancy means any fact or condition that on its own, or combined with other 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, statements by neighbors, passersby, delivery agents, 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 (borrower) defaults.

Local property management company means a person, firm, or entity that is authorized by the owner, beneficiary, trustee, or mortgage servicer to act on its behalf for the purposes of maintaining, securing, and monitoring a vacant building or abandoned property subject to this chapter, and that maintains a physical office and responsible personnel located within fifty (50) miles of the City of Lomita. A local property management company shall be capable of responding to complaints or requests for inspection or abatement within twenty-four (24) hours and shall maintain a twenty-four (24) hour contact telephone number for emergency purposes.

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, or entity, having a legal or equitable title or any interest in any real property.

Owner of record means any person, or entity, who according to the public records contained at the Los Angeles County recorder's office, is the owner of a particular property.

Property means any property either zoned or used for residential purposes.

Securing means such measures as may be directed by the city manager 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 or vacant building means any building that is unoccupied by any person, or that is occupied by an unauthorized person for any amount of time.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

(a) The owner of a vacant building shall board such building when it cannot be secured against intrusion by unauthorized persons by means of the closing and locking of doors and windows.

(b) The city may board properties as a result of an abatement action brought under the Municipal Code. The owner shall be responsible for the cost of boarding and the property may be subject to an abatement lien for the cost of the boarding.

(c) Any building that is boarded, whether by voluntary action of the owner, or as a result of enforcement activity by the city, shall be boarded as follows:

(1) For residential property, the standards for boarding a vacant residential building or structure, shall be substantially in accordance with Exhibit A "Board-Up Specifications for Property Owner" [from the ordinance from which this chapter is derived];

(2) For commercial or industrial use property, the standards for boarding a vacant commercial or industrial building or structure to prevent unauthorized entry into the building shall be as directed by written instruction of the city manager based upon an inspection of the vacant building by the city manager.

(d) The owner shall maintain and monitor the required boarding in a manner it secures the building from intrusion by unauthorized persons.

(e) The owner shall maintain and monitor each vacant building in compliance with section 3-18.03 of this chapter.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

To fulfill its responsibility to maintain and monitor a vacant building or abandoned property, the owner shall comply with the standards that may be ordered in writing by the city manager. The city manager may order the owner to:

(a) Regularly maintain landscaping and plant materials on the parcel of land on which the vacant building is located.

(b) Regularly maintain the exterior of the building and exterior signage and signage structures.

(c) Regularly removal of all exterior trash and debris from the abandoned property or parcel of land on which the vacant building is located.

(d) Maintain the abandoned property and vacant building in continuing compliance with all applicable codes and regulations.

(e) Promptly remove graffiti which has been applied to any exterior surface on the vacant building, perimeter wall or fencing surrounding the building, including graffiti applied to any sign attached to the vacant building.

(f) Take all reasonable steps to prevent any criminal activity, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity on the parcel of land on which the vacant building is located, including notifying Los Angeles County sheriff of such activity.

(g) Post a notice in a conspicuous place in front of the vacant building stating the name, address, and telephone number of both the owner and, if applicable, the owner's agent in control of the building including a twenty-four (24) hour contact phone number of any 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 forty-five (45) feet and shall contain the words "THIS PROPERTY IS MANAGED BY [insert name of owner or manager]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert telephone number of owner or manager] OR CALL THE CITY OF LOMITA AT (310) 325-7110." The notice shall be placed in a location that is visible from the street adjacent to the front lot line, in the following order:

(1) Interior of a window;

(2) Exterior of the building if no window is visible from the street; or

(3) If the notice cannot be posted in either subsection (g)(1) or (2), in a location not readily accessible to vandals. Notices posted on exterior locations shall be constructed of and printed with weather resistant materials.

(h) 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, or to appoint a receiver or take other action for property acquired by the 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, but which thereafter is not being maintained under the standards set forth in this chapter. The remedies available to the city under this chapter are expressly declared to be cumulative with all other remedies available to the city under applicable law.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

Properties which are abandoned 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 property by the beneficiary shall comply with the standards set forth in sections 3-18.02 and 3-18.03, or such other standard as may hereafter be ordered in writing addressed to the beneficiary by the city manager.

(a) If the property is owned by a corporation or out-of-area, beneficiary/trustee/owner shall contract with a local property management company to perform weekly inspections to verify that the requirements of this section, and any other applicable law, are being satisfied.

(b) The posting shall comply with the requirements of section 3-18.03(g) of this Code and shall contain the words "THIS PROPERTY IS MANAGED BY [insert name of owner or manager]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert telephone number of owner or manager] OR CALL THE CITY OF LOMITA AT (310) 325-7110." The notice shall be placed in a location that is visible from the street adjacent to the front lot line, in the following order:

(1) Interior of a window;

(2) Exterior of the building if no window is visible from the street; or

(3) If the notice cannot be posted in either subsection (a) or (b), in a location not readily accessible to vandals.

(c) Notices posted on exterior locations shall be constructed of and printed with weather resistant materials.

(d) 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 assist the city in determining whether the property is in compliance with the requirements of this chapter.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

No owner shall permit a building to be vacant for more than thirty (30) days, unless one of the following applies:

(a) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the work of repair or rehabilitation.

(b) The condition of the building complies with all codes, does not contribute to blight, is ready for occupancy and is actively being:

(1) Offered by the owner for sale, lease, or rent; and

(2) Maintained and monitored by the owner as provided in section 3-18.03.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

(a) The owner of record shall register the property within thirty (30) days of vacancy.

(b) If the property is under foreclosure or subject to a recorded notice of default, the beneficiary or its agent shall register of vacancy within ten (10) days of such recording.

(c) The owner, beneficiary or its agent shall complete a vacant building and/or abandoned property registration application on a form made available by the city and shall register the vacant building or abandoned property with the city manager or other such department tasked with the registration of vacant properties. A reasonable extension of time may be granted by the city manager for good cause.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

The owner, 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. 877, § 1(Exh. A), 12-2-25)

Notwithstanding any other provision of this chapter, the owner of any vacant building or abandoned property declared to be a public nuisance shall pay a monthly monitoring fee, subject to the procedures in chapter 5 of title I of this Code. The monitoring fee shall be imposed upon the initial determination that the building constitutes a public nuisance. The fee shall thereafter be imposed during each thirty (30) day period following the imposition of the initial monitoring fee. The owner shall pay the monitoring fee for each month, or portion thereof, that the vacant building remains a public nuisance.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

In addition to the enforcement remedies established by chapter 5 of title I of this Code, the city manager 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 onsite inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to prevent the decline of the property and the vacant building.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

Fees and charges established by this chapter shall be set by resolution of the city council.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

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. 877, § 1(Exh. A), 12-2-25)

A violation of this chapter may be enforced by any means authorized by chapter 5 of title I of this Code.

(Ord. No. 877, § 1(Exh. A), 12-2-25)

The owner of a vacant building shall pay an enforcement response fee upon the city's initial response to the vacant building for the costs and value of time expended by the city in responding to the vacant building. The enforcement response fee shall be imposed upon the owner for each subsequent response to the vacant building. The enforcement of fees shall be governed by chapter 5 of title I of this Code.

(Ord. No. 877, § 1(Exh. A), 12-2-25)