Montclair Municipal Code Ch. 10.46 Abandoned and Vacant Property Registration and Maintenance

This chapter shall be known as the "Abandoned and Vacant Property Registration and Maintenance Ordinance."

(Ord. No. 08-906, § 2, 1-5-09)

It is the purpose and intent of the Montclair City Council, through the adoption of this chapter, to establish an abandoned and/or vacant property registration program as a means to protect residential neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and/or security of abandoned and/or vacant properties.

(Ord. No. 08-906, § 2, 1-5-09)

Within 10 calendar days following the purchase or transfer of a loan or deed of trust secured by real property, the new beneficiary and trustee shall record with the San Bernardino County Recorder's Office an assignment of rents or similar document that lists the name of the person purchasing or acquiring the loan or deed of trust and the mailing address and telephone number of the new beneficiary and trustee responsible for receiving payment associated with the loan or deed of trust. This requirement shall not apply to the sale or transfer of a property when such sale or transfer does not include the sale or transfer of any loan or deed of trust associated with such property.

(Ord. No. 08-906, § 2, 1-5-09)

A. Any beneficiary and trustee who hold a deed of trust on real property located within the City of Montclair shall, prior to recording a notice of default, perform an inspection of said real property. If the property is found to be abandoned or shows evidence of vacancy (as these terms are defined by this chapter), the beneficiary and trustee shall register the real property with the City, on City-approved forms, within ten (10) calendar days of the inspection and pay an annual registration fee as may be set by City Council resolution; such fee to accompany the registration form. Any such fee shall be valid for one year and shall be subject to renewal on each subsequent anniversary date.

B. If the property is occupied at the time of the initial inspection but remains in default, it shall be inspected by the beneficiary and trustee every subsequent calendar month until:

1. The trustor or other party remedies the default.

2. The foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee.

3. The real property is found to be vacant or shows signs of vacancy, at which time the beneficiary and trustee shall register the real property with the City within 10 calendar days of said inspection.

C. The beneficiary and trustee shall register with the City any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property that becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale. Registration shall be filed on City-approved forms within 10 calendar days of the inspection demonstrating the vacancy or the evidence of vacancy.

D. The registration forms shall contain, at a minimum, the following information:

1. Name and street/office address (not a post office box) and, if different, the mailing addresses of the beneficiary and trustee.

2. A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure.

3. The name, street address, and telephone and facsimile numbers of a local property management company responsible for the security, maintenance, and/or marketing of the real property.

4. A Statement of Intent that provides the following information:

a. The expected period of vacancy.

b. A detailed plan for the regular maintenance of the real property during the period of vacancy.

c. A timetable for the lawful reoccupancy of the real property or for the rehabilitation or demolition of the structures thereon.

E. Persons required to register real property pursuant to this chapter shall keep such property registered and shall comply with all security and maintenance requirements of this chapter for the entire time such property remains vacant or shows evidence of vacancy. Persons required to register real property pursuant to this chapter shall also report any change of information contained in the registration within 10 calendar days of the change.

F. When real property subject to registration pursuant to this chapter becomes occupied or title is transferred to another responsible party, the beneficiary and trustee or prior responsible party shall notify the City Manager (or designee thereof) in writing within 10 calendar days of the property's occupancy or the transfer of title.

G. In such instance where title to an abandoned or vacant real property has been transferred to another responsible party, the responsible party shall reregister the real property with the City on City-approved forms within 10 calendar days of the transfer. Reregistration forms shall contain, at a minimum, all of the information required by Section 10.46.050(D). A reregistration fee as may be set by City Council resolution shall accompany the reregistration form.

(Ord. No. 08-906, § 2, 1-5-09)

Any beneficiary and trustee who holds a deed of trust on real property located with the City of Montclair, which property is distressed (as defined by this chapter) on the effective date of this chapter, shall, within 60 days of adoption hereof, perform an inspection of the real property that is the security of the deed of trust. If the real property is found to be vacant or shows evidence of vacancy, the beneficiary and trustee shall register the real property with the City on City-approved forms, within 10 calendar days of the inspection.

(Ord. No. 08-906, § 2, 1-5-09)

Real property subject to the registration requirements of this chapter shall be maintained in a neat, clean, and healthful condition at all times. The following conditions do not constitute to a neat, clean, and healthful condition and shall be explicitly prohibited:

A. Buildings or structures with graffiti, tagging, or other markings or graffiti, tagging, or other markings that have not been completely removed or painted over with a color matching the exterior of the remaining portion of the building or structure.

B. Accumulations of lumber; junk; trash; debris; construction material; household furniture; appliances; clothing; or discarded, unused, or abandoned personal property on exterior portions of the real property.

C. Accumulations of newspapers, circulars, fliers, notices, or other printed material that give the appearance that the property is vacant (except those required by federal, state, or local law).

D. Vegetation that is overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced.

E. Swimming pools, spas, or other bodies of water that are not maintained in such a manner as to be free and clear of pollutants or debris or that are maintained in such a manner as to be likely to harbor mosquitoes, insects, or vector including, but not limited to, water that is clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or swimming pools that are not secured and/or maintained in accordance with Chapter 10.48 of this Code.

F. Accessible property or accessible structures not secured as required by Section 10.46.070 of this chapter.

Nothing contained within this chapter relieves a responsible party from complying with any other obligation set forth in any applicable "Conditions, Covenants, and Restrictions" and/or Homeowners' Association rules and regulations or with any other provisions of the Code.

(Ord. No. 08-906, § 2, 1-5-09)

A. Real properties that are subject to registration pursuant to this chapter (and buildings or structures thereon) shall be secured within 72 hours of becoming abandoned, vacant, or showing evidence of vacancy in a manner to prevent access by unauthorized persons including, but not limited to, the closure, locking, and/or boarding of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property and/or buildings or structures located thereon (including garage structures or detached accessory structures).

1. No window, door, or other opening shall be boarded without prior written approval of the building official (or his or her designee); and when such approval has been granted, the boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) and local securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.

a. The factors that shall be considered in determining whether the boarding of windows, doors, or other openings include, but are not limited to, the following:

i. Whether the window, door, or other opening is visible to the public vantage.

ii. The difficulty of adequately securing the window, door, or other opening in another manner so as to prevent unauthorized entry.

iii. The length of time the real property has been abandoned or vacant.

iv. The length of time the real property is expected to remain abandoned or vacant (as indicated in any statement of intent on file with the City).

B. Responsible parties for any real property subject to registration pursuant to this chapter shall submit a "letter of agency" (or other similarly entitled authorization) to the Montclair Police Department every 30 calendar days and post "No Trespassing" signs as required and approved by the city so that the Montclair Police Department is authorized to remove and/or arrest all unauthorized persons from the property.

(Ord. No. 08-906, § 2, 1-5-09; Ord. No. 25-1016, § I(Exh. A), 12-15-25)

A. Responsible parties for any property subject to registration pursuant to this chapter shall retain the services of a local property management company that shall be responsible for the security, maintenance, and marketing of the real property. The retention of a local property management company shall not relieve other responsible parties of their obligations, duties, or responsibilities. Responsible parties shall provide in writing the name and telephone number of the local property management company to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property.

B. Responsible parties shall cause the onsite inspection of any real property subject to registration pursuant to this chapter to be inspected on a weekly basis and shall submit a written inspection report to the Montclair City Manager (or designee thereof) on or before the 10th day of each calendar month for which the real property remains vacant. The written report shall consist of, at a minimum, the following:

1. The address of the real property being inspected.

2. The dates of inspection.

3. A description of any unlawful conditions observed.

4. The actions taken or proposed to be taken by the responsible party to abate the unlawful conditions.

C. Responsible parties shall cause the abatement of any unlawful condition existing on real property subject to registration pursuant to this chapter within 48 hours of observing or of being notified of the unlawful condition. Nothing in this chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by this Code.

(Ord. No. 08-906, § 2, 1-5-09)

A. In addition to the specific maintenance and security requirements provided in this chapter, the Montclair Community Development Director, the Montclair Police Chief, and/or the Montclair Fire Chief (or designees thereof) shall have the authority to require responsible parties for real property subject to registration pursuant to this chapter to implement additional maintenance and security measures in order to effectuate the purpose of this chapter including, but not limited to, the installation of security lighting, increasing the frequency of onsite inspections, employment of an onsite security guard, and/or posting of additional signage at the subject property.

B. In accordance with the requirements, procedures, and provisions of Section 1.08.010 of this Code, any responsible party may request a hearing before the Montclair City Manager (or designee thereof) in order to challenge or appeal the imposition of any additional maintenance and/or security requirements pursuant to this section. Notwithstanding the provisions of Chapter 1.08 of this Code, nothing contained within this chapter authorizes a hearing or appeal to the Planning Commission or the City Council; and the decision of the City Manager (or designee thereof) following a timely appeal shall be final and binding.

(Ord. No. 08-906, § 2, 1-5-09)

No person shall cause, permit, or suffer the reoccupancy of any real property (or building or structure thereon) that has been subject to registration pursuant to this chapter in excess of 180 calendar days without having first obtained a "Certificate of Code Compliance" as issued by the City Manager (or designee thereof). A "Certificate of Code Compliance" shall not be issued until such time as the following conditions are met:

A. All charges, fees, and/or costs imposed pursuant to this chapter or other applicable provisions of this Code have been tendered-in-full to the City.

B. City officials have conducted an onsite inspection of the real property (including all structures located thereon).

C. All unlawful conditions existing at the subject property have been fully corrected and abated with all requisite approvals, permits, and/or inspections.

(Ord. No. 08-906, § 2, 1-5-09)

A. Notwithstanding any other provision of this Code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Section 1.12.010 of this Code.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

C. This chapter does not exclusively regulate the use, maintenance, and security of real and/or personal property within the City; and the remedies provided in this chapter are in addition to other remedies and penalties authorized by this Code or by the laws of the State of California or of the United States.

(Ord. No. 08-906, § 2, 1-5-09)