Mendota Municipal Code Ch. 8.30 Abandoned Residential Property Registration

It is the intent of this chapter to establish a registry of abandoned residential properties as a means to protect residential neighborhoods within the city limits of the city of Mendota from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. No. 13-04, § 1, 3-12-2013)

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

"Abandoned" shall mean 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 was retained by the beneficiary of a deed of trust involved in the foreclosure, or that is transferred under a deed in lieu of foreclosure or sale.

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

"Accessible structure" shall mean 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" shall mean a lender under a note secured by a deed of trust.

"Buyer" shall mean any person, co-partnership, association, corporation, entity, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.

"Dangerous building" shall mean any building or structure that would constitute a "dangerous building" as defined in Section 15.36.030(B) of the Mendota Municipal Code.

"Days" shall mean consecutive calendar days.

"Deed in lieu of foreclosure or sale" shall mean a recorded document 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" shall mean 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 second trust deed, third trust deed, etc.

"Default" shall mean the failure to fulfill a contractual obligation, monetary or conditional.

"Distressed" shall mean 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 or has been conveyed to the beneficiary or trustee via a deed in lieu of foreclosure or sale.

"Evidence of vacancy" shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such condition 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 statements by neighbors, passerby, delivery agents, or government employees that the property is vacant.

"Foreclosure" shall mean 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" shall mean within forty (40) road driving miles distance of the subject property.

"Neighborhood standard" shall mean 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" shall mean 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.

"Out of area" shall mean in excess of forty (40) road driving miles distance of the subject property.

"Owner" shall mean any person, co-partnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in any real property.

"Owner of record" shall mean the person having recorded title to the property at any given point in time the record is provided by the Fresno County recorder's office.

"Property" shall mean 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" shall mean any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned for such use.

"Securing" shall mean such measures as may be directed by the city manager, chief of police, or their designee that assist in rendering the property inaccessible to unauthorized persons including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repair or boarding of doors, windows or other opening. Boarding shall be completed to a minimum of the current housing and urban development (HUD) securing standards at the time the boarding is completed or required.

"Trustee" shall mean the person, firm, corporation, or entity holding a deed of trust on a property.

"Trustor" shall mean a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.

"Vacant" shall mean a building or structure that is not legally occupied.

(Ord. No. 13-04, § 1, 3-12-2013)

Within ten days of the purchase or transfer of a loan or deed of trust secured by residential property, the new beneficiary/trustee shall record with the Fresno County recorder's office an assignment of rents or similar document that lists the name of the corporation, entity, or individual and the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. Furthermore, any change in the beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust must be recorded within ten days as well.

(Ord. No. 13-04, § 1, 3-12-2013)

A. Any beneficiary/trustee who holds a deed of trust on a property located within the city of Mendota shall perform an inspection of the property that is the security for the deed of trust upon 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, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the chief of police 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/trustee or his designee monthly until:

1. The trustor or other party remedies the default; or

2. It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned and the trustee shall, within ten days of the inspection, register the property with the chief of police, or his or her designee, on forms provided by the city.

C. The registration required by either subsection (A) or (B) of this section shall contain the name of the beneficiary/trustee (corporation, entity, or individual), the direct street mailing address of the beneficiary/trustee (no post office boxes), a direct contact name and phone number for the beneficiary/trustee, and, in the case of a corporation, entity, or out of area beneficiary/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 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.

E. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred under a deed in lieu of foreclosure or sale.

F. Properties subject to this chapter shall remain under the annual registration requirement and the security and maintenance standards of this chapter as long as they remain vacant

G. Any person, firm, corporation, or entity that has registered a property under this chapter must report any change of information contained in the registration within ten days of the change.

H. Any individual or entity who fails to comply with any of the requirements of this section shall be subject to enforcement pursuant to [Section] 8.30.100 of this chapter.

(Ord. No. 13-04, § 1, 3-12-2013)

In addition to the requirements of Chapter 8.28 of this title, and Title 15, properties subject to registration under Section 8.30.040 of this chapter shall comply with the following:

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, printed material or any other items that give the appearance that the property is abandoned.

B. 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 structure.

C. All yards visible from the public right-of-way shall be landscaped and maintained to the neighborhood standard at the time registration was required. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf or sod designed specifically for residential installation. Landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all tree trimmings.

D. Pools and spas shall either be kept in working order and treated 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 either case, properties with pools or spas must comply with the minimum security fencing requirements of the state of California.

E. Adherence to this section does not relieve the beneficiary/trustee or 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. 13-04, § 1, 3-12-2013)

In addition to the requirements of Chapter 8.28 of this title, and Title 15, properties subject to registration under Section 8.30.040 of this chapter shall comply with the following:

A. The property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, 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.

B. If the property is owned by a corporation, entity, or out of area beneficiary/trustee/owner:

1. A local property management company shall be contracted to perform, at a minimum, monthly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

2. 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 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, along with the name and twenty-four (24) hour contact number, the words "THIS PROPERTY IS 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; 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.

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. 13-04, § 1, 3-12-2013)

In addition to the enforcement remedies established by other provisions of this code, the city manager, chief of police, or their designee, shall have the authority to require the beneficiary/trustee/owner and/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, or other measures as may be reasonably required to arrest the decline of the property.

(Ord. No. 13-04, § 1, 3-12-2013)

A. If any individual or entity covered by this chapter fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter, then the city manager shall cause the property to be maintained or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by direction of the city manager, the city manager shall cause a statement of the costs thereof to be prepared for submission to the city council. The city manager shall set a time and place for the city council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the city council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as provided in Chapter 8.28 of this title.

B. In addition to maintenance and securing of properties, any individual or entity covered by this chapter who fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter shall be deemed to have authorized the city to remove trespassers from the property.

(Ord. No. 13-04, § 1, 3-12-2013)

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

(Ord. No. 13-04, § 1, 3-12-2013)

Every violation of this chapter is declared to be a nuisance and may be enforced in any combination as allowed in Chapter 8.28 of this title, and/or Section 8.30.110.

(Ord. No. 13-04, § 1, 3-12-2013)

A. Violations of this chapter shall be treated as a strict liability offense regardless of intent.

B. Any individual or entity that violates any portion of this chapter shall be guilty of an infraction.

C. The city council establishes the following base schedule for determining the amount of the penalty to be assessed for citations issued. The amount of the penalty assessed for each citation issued for the same violation(s), within a rolling twelve (12) month period, shall not exceed the following amounts:

1. First citation, one hundred twenty-five dollars ($125.00);

2. Second citation, two hundred fifty dollars ($250.00);

3. Third and subsequent citations, five hundred dollars ($500.00).

Each week that a violation exists shall be considered an additional violation, and fees will be cumulative.

D. The city council establishes the following base schedule for determining the amount of the penalty to be assessed for failure to register pursuant to Section 8.30.040. The amount of the penalty assessed for each month a property is not registered is listed below. The violations and penalties are cumulative, as each month is considered an additional violation:

1. First month, one hundred dollars ($100.00);

2. Second month, two hundred dollars ($200.00);

3. Third month, three hundred dollars ($300.00);

4. Fourth month, four hundred dollars ($400.00);

5. Fifth and each subsequent month, five hundred dollars ($500.00).

E. Payment of any penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. The failure of any person to pay any penalty assessed by administrative citation within the time specified on the citation shall result in the assessment of a late fee to be charged. The amount of the late fee shall be ten percent of the total amount of the penalty due and owing.

F. The city may file a claim with the small claims court in order to collect the penalty amount or pursue any other legal remedy to collect such penalty.

G. The city council shall impose a special assessment against the property that is the subject of such a citation and penalty, if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be turned over the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the lot and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in the cases of delinquency as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form approved by the city manager and city attorney.

H. All penalties assessed shall be payable to the city.

(Ord. No. 13-04, § 1, 3-12-2013)