Redlands Municipal Code Ch. 8.10 Abandoned Residential Property Registration

This chapter shall be known as the ABANDONED RESIDENTIAL PROPERTY REGISTRATION ORDINANCE. (Ord. 2709 § 1, 2009)

It is the purpose and intent of this chapter to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods within the city from becoming blighted through the lack of adequate maintenance and security of abandoned properties. (Ord. 2709 § 1, 2009)

The terms 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: 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: A property that is accessible through a compromised or breached gate, fence, wall or other similar feature.

ACCESSIBLE STRUCTURE: 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: A lender under a note secured by a deed of trust.

BUYER: Any person, copartnership, 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 subsection.

DANGEROUS BUILDING: Any building or structure that would constitute a "dangerous building" as defined in section 302 of the uniform code for the abatement of dangerous buildings or as prepared by the International Conference of Building Officials and adopted in force within the city.

DAYS: Consecutive calendar days.

DEED IN LIEU OF FORECLOSURE OR SALE: 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: 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 deeds, third trust deeds, and the like.

DEFAULT: The failure to fulfill a contractual obligation, monetary or conditional.

DISTRESSED: 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: 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 furnishing or personal items consistent with residential habitation, and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

FORECLOSURE: 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: Within forty (40) road/driving miles distance of the subject property.

NOTICE OF DEFAULT: A recorded notice that a default has occurred under a deed of trust and the beneficiary intends to proceed with a trustee's sale.

OUT OF AREA: In excess of forty (40) road/driving miles distance of the subject property.

OWNER: Any person, copartnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in any real property.

OWNER OF RECORD: The person having recorded title to the property at any given point in time the record is provided by the San Bernardino County recorder's office.

PROPERTY: 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: Any improved real property, or portion thereof, situated in the city, designated 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: Such measures as may be directed by the city's chief building official, or the official's 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 door(s), window(s) or other openings. 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: The person, firm, corporation, or entity holding a deed of trust on a property.

TRUSTOR: A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.

VACANT: A building or structure that is not legally occupied. (Ord. 2709 § 1, 2009)

Within ten (10) 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 San Bernardino 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. (Ord. 2709 § 1, 2009)

A. Any beneficiary/trustee who holds a deed of trust on a property located within the city 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 San Bernardino 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 (10) days of the inspection, register the property with the city's quality of life director (the "director") or the director's 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 (10) days of that inspection, register the property with the director or his or her designee on forms provided by the city.

C. The registration required by this section shall contain the name of the beneficiary/trustee (corporation, entity, or individual), the direct street office mailing address of the beneficiary/trustee (no P.O. 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, as established by resolution of the city council, 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 to the beneficiary of a deed of trust involved in the foreclosure and any properties 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 (10) days of the change. (Ord. 2709 § 1, 2009)

In addition to the requirements of chapter 8.08 of this title, properties subject to registration under section 8.10.050 of this chapter shall comply with the following:

A. The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, and 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.

1. 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.

2. Landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.

3. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all trimmings.

D. Pools and/or spas shall both 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. (Ord. 2709 § 1, 2009)

In addition to the requirements of chapter 8.08 of this title, properties subject to registration under section 8.10.050 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 reglazing 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 inches by twenty four inches (18" x 24") and shall be of a font that is legible from a distance of forty five feet (45') 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 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. 2709 § 1, 2009)

The chief of police and the fire chief, and their respective designees, shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any/all door(s), window(s) 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. 2709 § 1, 2009)

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any individual or entity that violates any of the provisions of this chapter shall be guilty of a misdemeanor. Any person or entity convicted of a misdemeanor under the provisions of this chapter shall be punished by imprisonment in the county jail not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00) or both. Except as otherwise provided in this chapter, each person or entity shall be guilty of a separate offense for each and every day during or on which any violation of any provision of this chapter is committed, continued or permitted by such person or entity. (Ord. 2709 § 1, 2009)