§ 5-30

The purpose of this section is to establish an abandoned property registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. (§ 1, Ord. 2904, eff. June 5, 2009)

The following definitions apply in this section: (a) “Abandoned property” means real property that is vacant and either: (1) the subject of a current Notice of Default; (2) the subject of a current notice of trustee’s sale; (3) the subject of a tax assessors lien sale; (4) 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; or (6) the property has been surrendered or deserted in contemplation or threat of foreclosure. (b) “Accessible property” means any real property that is freely accessible, including any property that is accessible through a compromised or breached gate, fence, wall or similar structure. (c) “Accessible structure” means a structure or building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. (d) “Agreement for sale” means any agreement or written instrument that provides that title to property shall be transferred or conveyed from one person to another person. (e) “Assignment of rents” means a written instrument that transfers the beneficial interest under a deed of trust from one person to another person. (f) “Beneficiary” means the beneficiary (either original beneficiary or the assignee) under a note secured by a deed of trust. (g) “Buyer” means any person who agrees to transfer anything of value in consideration for property described in an agreement for sale, as defined in this section.

(h) “Code Enforcement Director” shall mean any individual or his/her designee responsible for the day to day management of the Code Enforcement Department. (i) “Dangerous building” means any building or structure that is in violation of any condition referenced in the Uniform Code for Abatement of Dangerous Building, as adopted by § 8-11.01. (j) “Day” means a calendar day. (k) “Deed of trust” means any instrument, including any deed of trust or mortgage, by which legal title to real property, or any interest therein, is transferred to a trustee as security for a real estate loan, including, without limitation, any and all subsequent deeds of trust, i.e. 2nd trust deed, 3rd trust deed, and the like. (l) “Deed in lieu of foreclosure” means a document that transfers legal title to a property from the trustor to the trustee, upon consent of the beneficiary of the deed of trust. (m) “Default” means the failure to fulfill a contractual obligation, whether monetary or otherwise. (n) “Distressed” means real 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 by way of a deed in lieu of foreclosure, but which is lawfully occupied. (o) “Enforcement Officer” shall mean any individual employed, or otherwise charged, by the City of Ontario to enforce codes, ordinances, mandates, regulations, or laws adopted by City Council or other regulatory bodies. (p) “Evidence of vacancy” means 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 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, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. (q) “Foreclosure” means the process by which a property, placed as security for a loan, is sold to satisfy the debt if the trustor defaults. (r) “Local” means the area within forty (40) miles of the subject property. (s) “Neighborhood standard” means those conditions that are present on a simple majority of other properties within a three hundred (300) foot radius of the subject 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. (t) “Notice of default” or “notice of trustee’s sale” means a notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale or other similar remedies authorized by law. (u) “Out of area” means the area in excess of forty (40) miles from the subject property. (v) “Owner” means any person having a legal title in any real property. (w) “Owner of record” means the person having recorded title to the property as shown in the San Bernardino County Recorder’s Office. (x) “Person” shall have the meaning set forth in § 1-3.13. (y) “Property” means any unimproved or improved real property, or portion thereof, situated in the City and includes the buildings or structures located on the property. (z) “Responsible party” means the person having actual control of the property at any given time, including the owner of record, the beneficiary, the trustee, the servicing company, or real estate agent acting, or any other party acting on behalf of the owner of record, beneficiary, or trustee. (aa) “Securing” or its variants means such measures as may be directed by the Code Enforcement Director or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to,

the repairing of fences and walls, chaining or pad-locking of gates, and the repair or boarding of door, window or other openings to a minimum of the current HUD securing standards at the time the boarding is completed or required. (ab) “Trustee” means the person holding a deed of trust on a property. (ac) “Trustor” means a borrower under a deed of trust, who deeds the legal title to a property over to a trustee as security for the payment of a debt. (ad) “Vacant” means a building or structure that is not legally occupied. (§ 1, Ord. 2904, eff. June 5, 2009)

Within ten (10) days following the purchase or transfer of a loan or any deed of trust secured by abandoned property, the new beneficiary and trustee shall both record, with the San Bernardino County Recorder’s Office, an assignment of rents that lists the names of the beneficiary and trustee, and the mailing address and contact phone number of the new beneficiary and trustee responsible for receiving payments associated with the deed of trust. (§ 1, Ord. 2904, eff. June 5, 2009)

(a) Any beneficiary and trustee under a deed of trust, or their designee, on abandoned property located within the City of Ontario shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of default with the San Bernardino County Recorder’s Office. If the property is found to be vacant or shows evidence of vacancy, the beneficiary and trustee shall, within ten (10) days following the inspection, register the property with the Code Enforcement Director on forms provided by the City. (b) Any distressed property shall be inspected by the beneficiary and trustee, or their designee, at least monthly until either: 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 (10) days following the required inspection, register the property with the Code Enforcement Director on forms provided by the City. (c) The registration shall contain the names of the beneficiary and trustee, the street address of the beneficiary and trustee (no P.O. boxes), a direct contact name, facsimile and phone numbers for the beneficiary and trustee and, in the case of an out of area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the subject property. (d) At the time of registration, the beneficiary and trustee shall concurrently file a statement of intent which will include: 1) the expected period of vacancy; 2) a plan for regular maintenance during the period of vacancy; and 3) a timeline for the lawful occupancy, rehabilitation or demolition of the subject property. (e) An annual registration fee for the beneficiary and trustee shall accompany the registration form. Registration fees will not be prorated. 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 by the Code Enforcement Director no later than January 31 of the year due. The amount of the registration fee shall be set by resolution of the City Council. (f) Anytime after the property is determined to be vacant and if there are any changes to ownership, whether recorded or not, or if the loan is transferred to another beneficiary, trustee or owner (“responsible party”); the responsible party shall re-register the property with the City. The re-registration must occur within ten (10) days of the change. A re-registration fee will be assessed. The amount of the re-registration fee shall be set by resolution of the City Council.

(g) Properties shall remain under the annual registration requirement and the security and maintenance standards of this section as long as they remain abandoned or distressed. (h) Any person that has registered a property under this chapter must report in writing any change of information contained in the registration within ten (10) days following the change. (§ 1, Ord. 2904, eff. June 5, 2009)

(a) The beneficiary and trustee of the subject property shall obtain a local property management company to inspect the property on a weekly basis to monitor the property for compliance with this chapter. (b) Abandoned or distressed properties shall be, in comparison to the neighborhood standard, 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, inoperable or abandoned vehicles, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned or distressed. (c) The abandoned or distressed 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. (d) Visible front and side yards shall be landscaped and maintained to the neighborhood standard existing at the time registration was required. (1) Required landscaping 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 designed for residential installation. (2) Required landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar material. (3) Required maintenance includes, but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. (e) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris to prevent pools and spas from becoming a breeding ground for mosquitoes and other vectors, 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. (f) Adherence to this section does not relieve the beneficiary, trustee and owner of any obligations set forth in any other code or law, covenants conditions and restrictions, or any home owners association rules and regulations that may apply to the property. (§ 1, Ord. 2904, eff. June 5, 2009)

(a) Abandoned or distressed properties 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 it may allow a child to access the interior of the property and or structure(s). In the case of broken windows, securing means the reglazing or boarding of the window. Any boards used must be painted to match the existing color of the building. (b) If any abandoned property is owned by a corporation or out of area beneficiary, trustee or owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this chapter, and any other applicable laws, are being met.

(c) The abandoned property shall be posted with the name and a twenty-four (24) hour contact phone number of the local property management company. The posting shall be no less than 18" x 24" 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 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 it is visible from the street, or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of, and printed with, weather resistant materials. (§ 1, Ord. 2904, eff. June 5, 2009)

In addition to the enforcement remedies established in Chapters 1-2 and 5-22, the Code Enforcement Director shall have the authority to require the beneficiary, trustee or owner, or any combination thereof, to implement additional maintenance and security measures, including but not limited to, securing any and all door, window 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 abandoned or distressed property. (§ 1, Ord. 2904, eff. June 5, 2009)

The fee for registering or re-registering a property subject to this chapter shall be set from time to time by resolution of the City Council. (§ 1, Ord. 2904, eff. June 5, 2009)

Violations of this chapter may by enforced as allowed in Chapters 1-2 and 5-22, or State law, including, but not limited to, the appointment of a receiver or an injunction in order to ensure compliance with this chapter. (§ 1, Ord. 2904, eff. June 5, 2009)

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person that violates any portion of this chapter shall be subject to enforcement and fines as provided in Chapter 1.2 or as provided by State law. (§ 1, Ord. 2904, eff. June 5, 2009)

The rights and remedies provided in this chapter are cumulative and in addition to any other rights and remedies provided by law. (§ 1, Ord. 2904, eff. June 5, 2009)

CHAPTER 31: SIDEWALK VENDING

CHAPTER 31: SIDEWALK VENDING

5-31.01 Purpose; findings 5-31.02 Definitions 5-31.03 Permit required 5-31.04 Stationary sidewalk vending locations and standards 5-31.05 Sidewalk vending in parks 5-31.06 Roaming sidewalk vending 5-31.07 Penalties