Chapter 8.56 — VACANT PROPERTY MAINTENANCE AND SECURITY REQUIREMENTS—ABANDONED PROPERTY…

It is the purpose and intent of the City Council, through the adoption of this chapter, to establish standards and requirements for the maintenance and security of all properties and structures within the City that are vacant, as well as to establish a registration program for those vacant properties that are also abandoned, as a mechanism to protect the health, safety, and welfare of the residential neighborhoods and commercial areas. The requirements of this chapter shall be supplementary, complementary, and cumulative to any other standards, obligations, and/or requirements set forth in any other provision of this Code (including, but not limited to, Chapter 8.36 and Chapter 15.32) applicable to the maintenance of real property. Where there is any conflict between the provisions of this chapter and any other provision of the Code, the more restrictive requirement shall prevail.

(Ord. 22-1731 § 1)

"Abandoned" shall mean real property that is vacant and that meets any of the following conditions:

• Is under a current Notice of Default.

• Is under a current Notice of Trustee's Sale.

• Is pending a tax assessor's lien sale.

4. 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.

5. Has been transferred under a deed in lieu of foreclosure.

"Accessible property" shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.

"Accessible structure" shall mean a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

"Agreement" shall mean any agreement or written instruments which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).

"Assignment of rents" shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

"Beneficial interest" shall mean the interest held in a deed of trust by a beneficiary.

"Beneficiary" shall mean the person or persons who own or hold a promissory note that is secured by a deed of trust and who is/are named in that document. Beneficiary shall include, but shall not be limited to, assignees, successors, or transferees of a holder of such a promissory note.

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.020

§ 8.56.020

"Boarded or boarding" shall mean and refer to the coverings of all entry points to a building or structure including all doors, windows and roof openings, for the purpose of preventing entry into the building by any person except the owner or an authorized agent of the owner with materials as specified in this chapter.

"City" shall mean the City of Norwalk.

"Code" shall mean the Norwalk Municipal Code and all laws and regulations incorporated therein, as well as all uncodified and adopted ordinances.

"Deed in lieu of foreclosure/sale" shall mean a deed to real property accepted by a lender/ beneficiary from a defaulting trustor/borrower to avoid the necessity of foreclosure proceedings by a lender.

"Deed of trust" shall mean an instrument by which an interest in title to real estate is transferred to a third party trustee as security for a real estate loan (and often used in California instead of a mortgage). This definition applies to any and all subsequent deeds of trust (e.g., second deed of trust, third deed of trust).

"Default" shall mean the failure to fulfill a contractual obligation, monetary or otherwise, under a promissory note and/or deed of trust.

"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 conditions shall include, but not be 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 other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

"Foreclosure" shall mean the process by which real property pledged as security for a debt is sold to satisfy the debt in the event of default in payments or terms. Said process may include recordation of a Notice of Default and/or Notice of Trustee's Sale against the property that is the subject of a default.

"Inspection" shall mean a physical investigation by an owner, beneficiary, trustee, or other person with care or control at a property to obtain evidence of vacancy, to assess the physical condition of the property and to verify compliance with this chapter and any other applicable laws.

"Local" shall mean within 40 driving miles distance of the subject property.

"Notice of Default" shall mean a recorded notice indicating that a default has occurred under a Deed of Trust and that the beneficiary/trustee named therein, or a successor trustee, intends to proceed with a trustee's sale and/or other foreclosure proceeding. This Notice remains current so long as an instrument evidencing its cancelation, withdrawal, or rescission has not been recorded.

"Notice of Trustee's Sale" shall mean a recorded notice that follows a Notice of Default to announce the date, time, and place that a sale of real property may occur as a result of a default under a Deed of Trust. This Notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.

"Out-of-area" shall mean not within 40 driving miles distance of the subject property.

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City of Norwalk, CA

NORWALK CODE

§ 8.56.020

§ 8.56.030

"Owner" shall mean any person having legal or equitable title or any interest in any real property, including the right to possess and use that property.

"Owner of record" shall mean the person having title to the property at any given point in time as recorded with the Los Angeles County Recorder's office.

"Person" shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. Person also includes any public entity or agency that acts as an owner in the City.

"Personal property" shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

"Real property" shall mean any improved or unimproved real property owned by any person and/ or any building, structure, or other improvement thereon, or any portions thereof.

"Rehabilitation" shall mean either the complete demolition of a vacant building or structure or the abatement of all substandard building and property conditions, and the restoration of the building or structure to a condition suitable for occupancy. A building or structure shall not be deemed rehabilitated if still vacant or until there is a lawful occupant therein utilizing the building or structure as approved.

"Responsible party" shall mean any person or persons who has/have equitable or legal title to or care or control over real property, or any building or structure thereon. Responsible party includes, but is not limited to, every owner, owner of record, beneficiary, lien holder, trustee, servicing company, real estate agent, and property management company, as well as any person acting on behalf of another responsible party.

"Securing" shall mean and include such measures as specified in this chapter that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers; chaining or padlocking of gates; and/or the repair or boarding of doors, windows, and/or other openings.

"Substitution of Trustee" shall mean a document executed by a beneficiary that replaces a trustee under a Deed of Trust with another.

"Trustee" shall mean the person holding a deed of trust on real property, and who has the power to sell the property if the trustor does not fulfill the obligations as recited in the instrument.

"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 any of the following:

• Any real property that is undeveloped; or

2. Any real property or any building or structure thereon that is either unoccupied or occupied by unauthorized persons, either in whole or in part; or

3. Any real property or any building or structure thereon that shows evidence of vacancy. (Ord. 22-1731 § 1)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.030

§ 8.56.030

• A. Every responsible party of any real property, building, or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, in a neat, clean, healthful, and sanitary condition, and shall otherwise adhere to all of the provisions of this chapter.

• B. All Vacant Properties and Structures. No responsible party for any vacant real property, building, or structure shall cause, permit, allow, or suffer any of the following conditions at any time:

  1. Substandard building conditions, as prohibited by Chapter 15.32 of this Code;

  2. Substandard property, as prohibited by Chapter 15.32 of this Code;

  3. The boarding of any window, door, vent, crawl space, or other opening that is not in compliance with the provisions of this chapter;

  4. Accumulations on exterior portions of the real property of lumber; junk; trash; debris; construction material; household furniture; appliances; cardboard boxes or other containers; clothing; shopping carts; equipment; combustible, flammable, or other hazardous material; or discarded, unused, or abandoned personal property;

  5. Accumulations of newspapers, circulars, flyers, notices, or other printed material that would lead a reasonable person to believe that the property is vacant, except for any such material that is required by Federal, State, or local law;

  6. Parking or storage on exterior portions of the real property of any wrecked, dismantled, or inoperative vehicle, or any vehicle that does not have a current and valid registration with the Department of Motor Vehicles (including any vehicle that is registered as planned non-operational ("PNO");

  7. Vegetation that is overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced as necessary;

  8. Lack of any vegetation required by this Code, or so as to otherwise create or promote dust or soil erosion;

  9. Pest or rodent infestation; and/or

  10. Swimming pools, spas, fountains, 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 covered, secured, and/or maintained in such a manner that water cannot collect or accumulate therein or on top of a cover thereon.

• C. Properties or Structures Vacant for More than Ten Consecutive Calendar Days. In addition to the requirements and obligations of subsections A and B of this section, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least 10 consecutive calendar days shall also adhere to the following:

1. Submit fully executed "Letter of Agency" and/or Business Watch Authorization Form (as part of the Norwalk Safe Housing and Property Enhancement ("SHAPE")

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City of Norwalk, CA § 8.56.030

NORWALK CODE

§ 8.56.030

Program) to the Norwalk Public Safety Department;

2. Install "No Trespassing" signs at locations on the property as determined by the Director of Public Safety; and

3. Provide the Department of Public Safety with the name, telephone number, and e- mail address for a person who will be responsible for the maintenance and security of the vacant property.

• D. Properties or Structures Vacant for More than Forty-five Consecutive Calendar Days. In addition to the requirements of subsections A and B of this section, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least 45 consecutive calendar days shall also adhere to the following:

  1. Submit a Vacant Property Mitigation Plan to the Planning Division, which demonstrates how the property will be regularly inspected, secured, and maintained in a manner that protects the health, safety, general welfare, and aesthetic standards of the community, as well as which demonstrates goals and plans for demolishing any vacant structure or for the re-occupancy of the vacant property, buildings, and/or structures;

  2. Conduct or cause to be conducted sufficient and adequate inspections of any vacant property, building, or structure, or portion thereof, to monitor and immediately abate any condition that does not adhere to the provisions of this chapter and the Code.

     • a. Such inspections shall be conducted, at a minimum, once each calendar week, and the results of the inspections shall be documented and submitted in writing to the Director of Public Safety within 48 hours of each inspection;

  3. Remove all furniture and personal property from the interior of any real property, building, or structure, or portion thereof, that is vacant;

  4. Remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the vacant building or structure, or portion thereof.

• E. Properties or Structures Vacant for More than Ninety Consecutive Calendar Days. In addition to the requirements of subsections A and B of this section, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least 90 consecutive calendar days shall also adhere to the following:

  1. Terminate and disconnect electrical and water services to the vacant property, building, or structure.

     • a. This requirement does not relieve responsible parties of any other obligations under this chapter or this Code;

  2. Drain all water from any swimming pool, jacuzzi, spa, or fountain, and comply with the following:

     • a. Fill the pool, jacuzzi, spa, or fountain with soil or any other fill approved by the Building Official, or

• b. Covered in a manner approved by the Building Official such that water cannot

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.030

§ 8.56.040

collect in the swimming pool or on top of the cover;

3. Install motion-activated security lighting to adequately illuminate all entrances and exits to the vacant property and any vacant buildings or structures, and maintain said lighting in operable condition from dusk to dawn; and

4. Install motion-activated video surveillance cameras that cover all entrances and exits to the vacant property and any vacant buildings or structures and that provide twoway communication and mobile live-view video, and maintain said surveillance cameras in operable condition.

• F. Rehabilitation of Structures Vacant for More Than Three hundred sixty-five Consecutive Calendar Days. The maintenance and security requirements set forth in this chapter are designed to temporarily alleviate the public nuisance conditions and activities that typically result from vacant, unoccupied, and/or abandoned properties and structures. Irrespective of these requirements, structures that are vacant for extended periods of time attract littering, dumping, graffiti, unauthorized entries by transients, minors, and criminals, and other nuisance conditions, and are also extremely vulnerable to being stripped of electrical and copper plumbing, and of being set on fire. Accordingly, structures that are vacant for more than 365 consecutive calendar days are hereby deemed a public nuisance subject to summary abatement.

  1. Responsible parties of any building or structure that has been vacant for more than 365 consecutive calendar days shall either demolish or rehabilitate the vacant building or structure for occupancy (with all required City approvals, permits and inspections) as follows:

     • a. Within 15 calendar days of a notice from the City, responsible parties shall submit a "Letter of Intent" which confirms whether the building or structure will be demolished or rehabilitated in accordance with this section;

     • b. Within 30 calendar days of notice from the City, responsible party shall submit all required applications, plans, supporting documents, and fees to the City's Planning and Building & Safety Divisions either to obtain a demolition permit or to obtain all required building, plumbing, electrical, and mechanical permits for the rehabilitation of the vacant building or structure for its approved occupancy;

     • c. Within 30 calendar days of permit issuance (and no later than 60 calendar days of notice from the City unless an extension is granted by the City in writing), if demolition is the confirmed method set forth in the Letter of Intent, complete the demolition, lawfully remove and dispose of all debris resulting therefrom, and schedule, undergo, and pass a final City inspection;

• d. Within 90 calendar days of permit issuance (and no later than 120 calendar days of notice from the City unless an extension is granted by the City in writing), if rehabilitation is the confirmed method set forth in the Letter of Intent, complete all required rehabilitated work in accordance with City-approved plans and Cityissued permits, and schedule, undergo, and pass a final City inspection.

• (Ord. 22-1731 § 1)

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City of Norwalk, CA

NORWALK CODE

§ 8.56.040

§ 8.56.040

• A. Every responsible party of any real property, building, and/or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, closed, locked, and secured in such a manner that prevents unauthorized access and/or entry.

• B. Fencing of Vacant Properties. Vacant properties shall be secured against unauthorized entry as set forth in this section. Any fencing installed at vacant properties shall be maintained in a safe and aesthetically pleasing manner. Fencing that is deteriorated, dilapidated, torn, or with posters, graffiti, or similar decoration or markings thereon (unless otherwise required by law or authorized by this Code) shall be prohibited.

  1. Fencing of Properties Vacant for Ninety Calendar Days. Responsible parties shall install fencing around any real property that has been vacant for 90 consecutive calendar days in adherence to the standards set forth in this section.

     • a. General Standards for All Vacant Properties. Fencing installed pursuant to this section shall be self-supporting and shall be non-view-obscuring so as to provide clear and open visibility of the vacant property.

     • b. Undeveloped Properties. In addition to other standards set forth in this section, fencing erected on or around undeveloped vacant properties shall adhere to the following standards:

       • i. Fencing shall be composed of vinyl split rail fencing; and

       • ii. Fencing shall be 42 inches high on or around any portion of the real property that abuts or is adjacent to a street, sidewalk, alley, or other public right-of-way.

     • c. Developed Properties. In addition to other standards set forth in this section, fencing erected on or around developed properties shall adhere to the following standards:

       • i. Fencing shall be composed of wrought iron or chain link; and

       • ii. Fencing shall be six feet high on or around any portion of the real property that abuts or is adjacent to a street, sidewalk, alley or other public right-ofway, or that abuts any developed or undeveloped vacant property.

• C. Boarding of Openings to Vacant Buildings and Structures. No window, door, or other opening to a vacant building or structure shall be boarded without prior written approval of the Building Official (or designee thereof) and when such approval has been granted, the boarding of any window, door, or other opening shall be completed per the standards identified in this chapter.

  1. Boarding of Openings to Structures Vacant for Thirty Consecutive Calendar Days. All doors, windows, vents, crawl spaces, and other openings to buildings and structures that have been vacant for 30 consecutive calendar days shall be boarded in adherence to the standards set forth in this section. Only exterior-grade screws and round-head plated carriage bolts shall be used in the boarding of any door, window, or other opening of a vacant building or structure. Nails shall not be used.

, windows, vents, crawl spaces, and other openings to buildings and structures that have been vacant for 30 consecutive calendar days shall be boarded in adherence to the standards set forth in this section. Only exterior-grade screws and round-head plated carriage bolts shall be used in the boarding of any door, window, or other opening of a vacant building or structure. Nails shall not be used.

  - a. Sheeting Material. Unless specified herein or otherwise approved by the Director of Community Development, responsible parties shall board and secure 

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.040

§ 8.56.040

all doors, windows, vents, crawl spaces, and other openings to vacant buildings and structures with approved sheeting material, and shall install such material in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing.

     - i. As used in this chapter, "sheeting material" shall mean a minimum of onefourth-inch thick clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. 

  - b. Plywood or Similar Material. No responsible party shall secure any door, window, vent, crawl space, or other opening into a vacant building or structure with plywood, except as set forth in this chapter. 

     - i. Plywood may be used for periods of 30 calendar days or less to repair damage or vandalism, and shall be painted in a color consistent with the color of the abutting exterior covering of the vacant building or structure. 

     - ii. Plywood shall be of un-sanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings, and three-fourths inch for sliding door and French door openings. 

     - iii. Plywood used to secure vacant properties shall be installed in accordance with current HUD/FHA Standards. 

  - c. Exterior Access Door. Responsible parties may maintain access to the interior of any vacant building or structure by means of one exterior access door by securing said access door by using: 

     - i. A solid core wood or steel door with no windows or other openings in the door; or 

     - ii. Hinged sheeting material (as defined in subsection (C)(1)(a)(i)) attached to the door entry with three case hardened strap hinges of the type specified by the Building Official and at least two case hardened hasps and minimum two-inch case hardened padlock of a type approved by the Building Official. 

• D. Security Patrol Services Required. In addition to all other requirements of this chapter, responsible parties of any real property, building, or structure (or portion thereof), that has been vacant for at least 180 consecutive calendar days shall provide security personnel (fully licensed, registered, and bonded as required by State and local law) as follows:

1. Security patrol services that drive by and inspect the real property for unlawful activity (including unauthorized entry) at least once every 12 hours if there have been less than three instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 30 day period;

   2. On-site security services during the hours of 7:00 p.m. and 7:00 a.m. if there have been more than four instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 30 day period; or

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City of Norwalk, CA

NORWALK CODE

§ 8.56.040

§ 8.56.050

3. On-site security services 24 hours per day, seven days per week if there have been more than five instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 30 day period.

• (Ord. 22-1731 § 1)

• A. Alternative Methods of Securing Vacant Building or Structure. Upon application by the owner of any vacant property, building, or structure, and a showing that the requirements for boarding and securing a vacant building or structure imposed pursuant to this section are impractical, the Director of Community Development or Public Safety may permit alternate methods of securing a vacant building or structure so as to achieve substantial compliance with this chapter. The approval of an alternative method of securing a building or structure does not relieve a responsible party of the obligation to otherwise secure any vacant property, building, or structure to prevent unauthorized entry, nor to comply with all other requirements and obligations of this chapter.

  1. The proposed redevelopment of a property, building, or structure does not constitute sufficient grounds for demonstrating that the boarding and security requirements of this chapter are impractical unless the City has already approved plans and issued permits for the redevelopment of the property, building, or structure – and the responsible party attests in writing that the construction/redevelopment is scheduled to start in 30 days or less.

• B. Additional Requirements for the Boarding, Securing, and Maintenance of a Vacant Property, Building, or Structure. In addition to the specific maintenance and security requirements provided in this chapter, the Director of Community Development or Public Safety (or designees thereof) shall have the authority to require responsible parties for vacant properties subject to the provisions of this chapter to implement additional maintenance and security measures in order to effectuate the purpose of this chapter and protect the health, safety, and general welfare of the public, including, but not limited to, security lighting, increasing the frequency of on-site inspections, employment of an on-site security guard, and/or posting of additional signage at the subject property.

  1. In making any decision to impose additional requirements, the Directors of Community Development and/or Public Safety may rely upon reports from any City division or department that, in its current condition, the property constitutes a danger to the public health, safety, and welfare or that the property has become an attractive nuisance or public nuisance, and that the current maintenance and security requirements are insufficient to terminate the nuisance or other illegal activity.

     • a. Additional requirements shall be considered for any vacant property where there has been confirmed more than five instances of graffiti, unauthorized entry, or other violations of this chapter in any 30 day period.

• C. Appeal. Any responsible party may request a hearing before the 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, in accordance with the requirements, procedures, and provisions of Chapter 1.18 of this Code. Responsible parties shall not have any right to appeal the application of the maintenance or security requirements otherwise

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.050

§ 8.56.070

set forth in this chapter (including those set forth in Sections 8.56.030 and 8.56.040). (Ord. 22-1731 § 1)

• A. 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 Los Angeles 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 contact 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.

• B. Within 10 calendar days following the change of a trustee in a deed of trust secured by real property, the beneficiary shall record with the Los Angeles County Recorder's office a Substitution of Trustee or similar document that lists the name of all new trustees, as well as the mailing address and contact telephone number of all new trustees.

• (Ord. 22-1731 § 1)

• A. Any beneficiary or trustee who holds, or has an interest in, a deed of trust on a property in foreclosure (as these terms are defined by this chapter), located within the City of Norwalk shall register the real property with the City on City-approved forms and shall pay an initial registration fee and annual monitoring fee as set by resolution of the City Council. If the beneficiary or trustee issues a Notice of Default after the effective date of this ordinance, they shall perform an inspection and register the real property, and otherwise adhere to all restrictions and requirements set forth in subsections B through I of this section. If the beneficiary or trustee issues a Notice of Default prior to the effective date of the ordinance codified in this chapter, and such Notice of Default has not been rescinded as of the effective date of the ordinance codified in this chapter, the beneficiary or trustee shall inspect such property within 30 days after the effective date of the ordinance codified in this chapter, and shall register said property as set forth in subsection B and otherwise adhere to all restrictions and requirements set forth in subsections B through I.

The registration requirement described in this section shall also apply to property that has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure and/or sale.

• B. Any beneficiary or trustee who holds a deed of trust on real property located within the City of Norwalk shall, within 10 calendar days of recordation of a Notice of Default with the Los Angeles County Recorder's office, perform an inspection of said real property. If the real 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 10 calendar days of the inspection and shall pay an initial registration fee and annual monitoring fee as set by resolution of the City Council.

• C. If the property is occupied at the time of the initial inspection but a Notice of Default or Notice of Trustee's Sale remains current in connection therewith, it shall be inspected by

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City of Norwalk, CA § 8.56.070

NORWALK CODE

§ 8.56.070

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 now to a new owner who is not the former beneficiary or trustee; or

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.

The beneficiary or trustee shall submit to the City, on a City-approved form, proof of inspection within 10 calendar days of the first day of the subsequent calendar month.

• D. The beneficiary and trustee shall register with the City any real property which is currently undeveloped or 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 which 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.

• E. The registration forms, as established by the City Manager (or designee thereof) shall contain, at a minimum, the following information:

  1. Name and street/office address (not a P.O. box) and, if different, the mailing address of each beneficiary and trustee;

  2. A direct contact name, telephone number, and e-mail address for the person handling the deed of trust and/or foreclosure;

  3. The name, street address, telephone, email and facsimile numbers of a local property management service provider responsible for the security and maintenance of the real property, as well as identical information for all realtors who have been engaged to market 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 and security of the real property during the period of vacancy,

     • c. A time-table for the lawful re-occupancy of the real property, or for the rehabilitation or demolition of the structures thereon;

  5. Address and Assessor Parcel Number of the subject property;

  6. Authorization and consent for City officials to enter onto the vacant property subject to the registration requirement to remove all unauthorized persons thereon, and to otherwise ensure compliance with the provisions of this chapter or any other applicable law; and

  7. Any other information as the City Manager (or designee thereof) may require and as

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.070

§ 8.56.100

set forth on the registration form.

• F. 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 (as well as other provisions of this Code) for the entire time such property is subject to this chapter. Persons required to register real property pursuant to this chapter shall also report in writing to the City any change of information contained in the registration within 10 calendar days of the change.

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

• H. In such instance where title to an abandoned or vacant real property that was subject to registration pursuant to the provisions of this chapter has been transferred to another responsible party, the new responsible party shall re-register the real property with the City on City-approved forms within 10 calendar days of the transfer. Re-registration forms shall contain, at a minimum, all of the information required by subsection E of this section. A re-registration fee as set by Council resolution shall accompany the re-registration form.

• I. 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 homeowner's association rules and regulations or with any other provision of this Code.

• (Ord. 22-1731 § 1)

Any beneficiary and trustee who holds a deed of trust on real property located with the City of Norwalk, which property is abandoned (as defined by this chapter) on the effective date of the ordinance codified in this chapter, shall, within 60 days of adoption of the ordinance establishing this chapter as part of the Code, 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, and shall otherwise comply with the requirements of Sections 8.56.030 and 8.56.040.

(Ord. 22-1731 § 1)

Real property subject to the registration requirements of this chapter (and buildings and structures thereon) shall be maintained in a neat, clean, healthful, and sanitary condition at all times – including compliance with all applicable provisions of this Code (including, but not limited to, Section 8.56.030 of this chapter, Chapter 8.36 and Chapter 15.32). (Ord. 22-1731 § 1)

• A. Real property subject to registration pursuant to this chapter (and buildings or structures thereon) shall be fenced in accordance with the provisions of Section 8.56.040(B) of this chapter.

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City of Norwalk, CA

NORWALK CODE

§ 8.56.100

§ 8.56.110

• B. Real property subject to registration pursuant to this chapter (and buildings or structures thereon) shall, within 48 hours of becoming abandoned, be secured in the same fashion as set forth in Section 8.56.040(C).

• C. 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 Los Angeles County Sheriff's Department (Norwalk Station) every 30 calendar days and post "No Trespassing" signs as required and approved by the City so that the Sheriff's Department is authorized to remove and/or arrest all unauthorized persons from the property.

• D. The property shall be posted with the name and 24 hours contact phone number of the property manager. The posting shall be eight and one-half by 11 inches or larger in size, shall be of a font that is legible from a distance of 20 feet, and shall contain the following verbiage: "THIS PROPERTY IS MANAGED BY ________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)." The posting shall be placed on the interior side 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.

• (Ord. 22-1731 § 1)

• A. If the responsible parties' place of residence or business location is not local, as defined by this chapter, then the responsible parties for any project subject to the registration pursuant to this chapter shall retain the services of a local property management service provider that shall be responsible for the maintenance and security of the real property. Responsible parties shall provide in writing the name and 24 hour contact telephone number of the local property management service provider to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property. Use of out-of-area property management service providers is prohibited. The retention of a local property management service provider shall not relieve other responsible parties of their obligations, duties, or responsibilities for the maintenance and security of the real property.

• B. Responsible parties shall cause the on-site 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 City Manager (or designee thereof) for the previous calendar month on or before the 10th day of each calendar month for which the real property remains vacant or shows evidence of vacancy. 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; and

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

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.56.110

§ 8.56.140

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. 22-1731 § 1)

No person shall reoccupy or cause, permit, or suffer the re-occupancy of any real property (or building or structure thereon) that has been subject to registration pursuant to this chapter in excess of 90 calendar days without having first met the following conditions:

• 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) to confirm they are in compliance with applicable provisions of this Code; and

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

• (Ord. 22-1731 § 1)

The Departments of Community Development and Public Safety shall manage the implementation, coordination, documentation, administration, and enforcement of this chapter. Nothing contained herein shall be construed to limit the City's authority to contract or utilize third parties in the enforcement or implementation of this chapter. (Ord. 22-1731 § 1)

• A. Notwithstanding any other provision of this chapter 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 punishable in accordance with Section 1.16.010(A) of this Code.

• B. 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 subject to an administrative fine in accordance with Chapter 1.13 of this Code.

• C. Any violation of any requirement, obligation, or other provision of this chapter shall be deemed a public nuisance, and shall be summarily abated as such pursuant to applicable law, in accordance with Section 1.16.020 of this Code.

• D. 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, permitted or suffered by such person, and shall

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City of Norwalk, CA § 8.56.140

NORWALK CODE

§ 8.56.140

be punishable accordingly.

• E. 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 civil or criminal remedies and penalties authorized by this Code, or by the laws of the State of California or of the United States. Nothing in this chapter shall be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs.

• (Ord. 22-1731 § 1)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.60.010

§ 8.60.020