Long Beach Municipal Code Ch. 18.24 Foreclosure Registry Program

It is the intent of the City Council, through the adoption of this chapter, to establish a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of vacant, abandoned or foreclosed upon residential real properties; to establish a vacant, abandoned or foreclosed upon residential property registration program and to set forth guidelines for the maintenance of vacant, abandoned or foreclosed upon residential real properties.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

Certain words and phrases in this chapter are defined, when used herein, as follows:

"Abandoned." Any residential building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessor's Lien Sale and/or any residential real property conveyed via a foreclosure sale resulting in the acquisition of Title by an interested beneficiary of a deed of trust, and/or any residential real property conveyed via a deed in lieu of foreclosure sale.

"Accessible Property." Residential real property that is accessible to the public, either in general, or through an open and unsecured door, window, gate, fence, wall, or the like.

"Agreement." Any written instrument that transfers or conveys Title to residential real property from one owner to another after a sale, trade, transfer or exchange.

"Assignment of Rents." An instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

"Beneficiary." A lender participating in a residential real property transaction that holds a secured interest in the residential real property in question identified in a deed of trust.

"Buyer." Any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for residential real property via an "agreement" as that term is defined in this Section.

"Dangerous Building." Any residential building or structure reasonably deemed by qualified City staff to represent a violation of any provision specified in Section 18.02.020.

"Days." Calendar days.

"Deed in Lieu of Foreclosure." A recorded instrument that transfers ownership of real property between parties to a particular deed of trust as follows - from the trustor (i.e., borrower), to the trustee upon consent of the beneficiary (i.e., lender).

"Deed of Trust." An instrument whereby an owner of residential real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trusts including, but not limited to a second trust deed or third trust deed.

"Default." The material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make payment when due.

"Distressed." Any residential building, structure or real property that is subject to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and/or any residential real property conveyed via a foreclosure sale resulting in the acquisition of Title by an interested beneficiary of a deed of trust, and/or any residential real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.

"Enforcement Official." The City Manager, the Director of Community Development, and/or any employee or agency of the City of Long Beach designated and/or charged with enforcing the Long Beach Municipal Code, including, but not limited to, applicable codes adopted by reference therein.

"Evidence of Vacancy." Any residential real property condition that independently, or in the context of the totality of circumstances relevant to that real property, would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: 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; and/or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

"Foreclosure." The process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor (i.e., borrower).

"Local." Within forty (40) road or driving miles distance from the subject building, structure or real property in question.

"Neighborhood Standard." The condition of residential real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered.

"Notice of Default." A recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee's sale.

"Out of Area." In excess of forty (40) road or driving miles of the subject property.

"Owner." Any person, partnership, association, corporation, fiduciary or other legal entity having recorded Title to the property as reflected in the official records of the County Recorder of Los Angeles County.

"Owner of Record." The person holding recorded Title to the residential real property in question at any point in time when Official Records are produced by the Los Angeles County Registrar/Recorder's office.

"Property." Any unimproved or improved residential real property, or portion thereof, situated in the City of Long Beach, including buildings or structures located on said real property, regardless of condition.

"Residential Building." Any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use.

"Securing." Such measures as may be directed by a code enforcement official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining/padlocking gates, the repairing or boarding of doors, windows or other such openings.

"Trustee." Any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.

"Trustor." Any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/trustor.

"Vacant." Any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Not later than ten (10) days after recording a notice of default on any residential property located in the City of Long Beach which is subject to a deed of trust, the beneficiary, or its trustee, shall register the property with the Community Development Department of the City of Long Beach on forms provided by the City.

B. The registration pursuant to this Section shall be renewed annually until such time as:

1. The foreclosure process is complete or the notice of default has been rescinded or withdrawn;

2. The Trustor has surrendered the property to the beneficiary as evidenced by either a letter from the trustor addressed to the beneficiary confirming such surrender, or by the trustor's delivery of the keys to the property to the beneficiary or its agent;

3. The beneficiary has obtained possession of the property under Section 1161 or 1161a or 1161b of the Code of Civil Procedure, as applicable, following completion of the foreclosure proceeding.

If a subsequent notice of default is issued for the same property after being withdrawn or rescinded, the registration requirement set forth in this Section shall be reinstated.

C. The registration pursuant to this Section shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.

D. An annual registration fee as set by the City Council by resolution shall accompany the submission of each registration form. The fee and registration shall be valid for one (1) year from the date of registration. Registration fees will not be prorated. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 15th of the year due.

E. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the City of Long Beach Community Development Department of any change of information contained in the registration form within ten (10) days of the change.

F. The duties/obligations specified in this chapter shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Notwithstanding any other provision of this chapter or Chapter 9.65 to the contrary, the City may, after fifteen (15) days' written notice to the beneficiary or its trustee, impose a fine/penalty on a beneficiary or its trustee for its failure to timely register a property with the City under this chapter. The amount of such fines and/or penalties shall be established by the City Council by resolution.

B. The imposition of a fine/penalty for failure to register a property shall be in accordance with the provisions and procedures set forth in Chapter 9.65 of the Long Beach Municipal Code: "Administrative Citations and Penalties."

C. Any failure to pay fines or penalties imposed pursuant to this chapter may be remedied by the City in accordance with Section 9.65.140, or any successor section thereto.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 18.24.030, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in Section 18.24.030 are adopted:

A. Any property subject to this chapter must comply with the requirements of the Long Beach Municipal Code Chapter 18.20 entitled "Unsafe Buildings or Structures."

B. In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, 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.

C. The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.

D. Visible front and side yards shall be landscaped and maintained to the neighborhood standard.

E. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

F. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any other similar material.

G. Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

H. Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any portion of the Long Beach Municipal Code or in any Covenants, Conditions and Restrictions and/or Home Owners Association rules and regulations which may apply to the property.

The sole exception to these maintenance requirements shall, within the sole reasonable discretion of the Director of Community Development or designee, apply to property subject to the registration requirement contained in Section 18.24.030 that is under construction and/or repair, not less than three (3) business days per week, undertaken in compliance with all applicable laws, including, but not limited to, City permitting requirements.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding, and garage), gates and any other opening that may allow access to the interior of the property and/or structure(s). In the case of broken windows, "securing" means reglazing or boarding the window.

C. 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 laws, are being fulfilled.

D. The property shall be posted with the name and twenty-four (24) hour contact phone number of the local property management company. The posting shall be 8-½" x 11" in size, shall be of a font that is legible from a distance of twenty (20) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY _______," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."

E. 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 on the front of the property so it is visible from the street. If no such area exists, the posting shall be 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, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirement of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

G. The duties/obligations specified in this chapter shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. In the event that a property is encumbered by the security interests of more than one (1) 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 18.24.030.

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-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

In addition to the enforcement remedies established in this chapter, the City shall have the authority to require the beneficiary, trustee, owner or owner of record of any property affected by this chapter, to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard and/or other measures as may be reasonably required to secure and reduce the visual decline of the property.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. Any person, firm and/or corporation that violates any portion of this chapter including, but not limited to, the registration requirements set forth in Section 18.24.030, the maintenance requirements set forth in Section 18.24.040, and the security requirements set forth in Section 18.24.050 may be subject to administrative enforcement under Chapter 9.65 of the Long Beach Municipal Code. Administrative penalties imposed pursuant to this chapter shall not exceed one hundred thousand dollars ($100,000.00) per property.

B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in Section 18.24.030, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Chapter 1.32 of the Long Beach Municipal Code.

C. This chapter is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Long Beach Municipal Code. The City Attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by the Long Beach Municipal Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

If an administrative citation has been issued pursuant to the provisions of Chapter 9.65 of the Long Beach Municipal Code, then the procedures set forth in Chapter 9.65 shall govern.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. This section is intended to carry out the provisions of Section 2929.3 of the California Civil Code. Nothing in this section shall be interpreted or implemented in a manner that is inconsistent with State law. If there is a conflict between the provisions of State law and this section, State law shall control.

B. The City may elect to impose monetary penalties on a legal owner, pursuant to Section 2929.3 of the California Civil Code, if that legal owner fails to maintain vacant residential property that is either purchased at a foreclosure sale or acquired through foreclosure under a mortgage or deed of trust.

For purposes of this section, "fails to maintain" means failing to care for the exterior of the property, including, but not limited to, permitting excess foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers, squatters or other unauthorized persons from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water, or other conditions that create a public nuisance.

C. The City may impose a fine of up to one thousand dollars ($1,000.00) per day for each day that the legal owner fails to maintain the property as required by this section, commencing on the day following the expiration of the period to remedy the violation, as established by the City in Subsection D.

1. In determining the amount of the fine, the City shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation.

2. Fines and penalties collected pursuant to this section shall be directed toward local nuisance abatement programs.

3. Pursuant to Section 2929.3 of the California Civil Code, the City may not impose fines on a legal owner under both this Section and any other local ordinance. However, Section 2929.3 of the California Civil Code shall not preempt any local ordinance.

4. Notwithstanding Subsection C.3, the rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.

D. If the City imposes a fine pursuant to this section, the City shall give notice of the alleged violation to the legal owner. The notice shall include a description of the conditions that gave rise to the alleged violation, and state the City's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days.

1. The notice shall be mailed to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the California Government Code, or, if none, to the return address provided on the deed or other instrument.

2. The City may provide less than thirty (30) days' notice to remedy a condition, if the City determines that a specific condition of the property threatens public health or safety and the notice of violation states that there is a threat to public health or safety and lists the required time to correct the violation.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

If any section or provision of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this chapter shall remain valid. The City Council hereby declares that it would have adopted this chapter, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)