Rialto Municipal Code Ch. 15.62 Vacant Property Registration

It is the purpose and intent of the Rialto city council, through the adoption of this chapter, to establish a vacant, abandoned property registration program as a mechanism to protect Rialto's neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. 1421 § 2 (part), 2008)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Abandoned" means a property that is vacant and is under a current notice of default or notice of trustee's sale, pending tax assessor's lien sale, or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.

"Agreement" means any agreement or written instrument, which provides that title to property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.

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

"Beneficiary" means a lender under a note secured by a deed of trust.

"City administrator" means the city administrator of the City of Rialto, or the city administrator's designee.

"Days" means consecutive calendar days.

"Deed in lieu of foreclosure or sale" means 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" means 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 i.e.: second trust deed, third trust deed, etc.

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

"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.

"Foreclosure" means 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.

"Hearing officer" means a committee comprised of any combination of city employees or members of the public, with technical expertise, as designated by the city administrator, or any hearing officer designated by the city administrator. The hearing officer shall have the authority to establish rules of procedure, provided that such rules are not inconsistent with this chapter. All decisions of the hearing officer shall constitute the final administrative decision of the city; provided however, that following the imposition of a lien or special assessment against a property, the city council shall, without the need for further notice or hearing, ratify such lien or assessment.

"Local" means within fifty driving miles distance of the subject property.

"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred 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 foot radius, shall not be counted toward the simple majority.

"Notice of default" means 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.

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

"Owner of record" means 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" means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.

"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.

"Securing" means such measures as may be directed by the city administrator 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, the repair or boarding of doors, windows or other openings. Boarding shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and consistent with the requirements of Section 15.62.060(B).

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

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

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

(Ord. 1421 § 2 (part), 2008)

Within ten days following the purchase or transfer of a loan or deed of trust secured by residential 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 purchasing or acquiring corporation or individual and the mailing address and contact phone 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. 1421 § 2 (part), 2008)

A. Any beneficiary and trustee, who holds a deed of trust on a property located within the City of Rialto, shall, prior to recording a notice of default, perform an inspection of the property. If the property is found to be abandoned or shows evidence of vacancy, the beneficiary and trustee shall within ten days following the inspection, register the property with the city.

B. If the property is occupied but remains in default, it shall be inspected by the beneficiary and trustee monthly until: (1) the trustee or other party remedies the default; or (2) it is found to be abandoned, at which time the beneficiary and trustee shall register the property with the city. Any property that has been foreclosed and determined to be abandoned after the foreclosure, the new owner on title, including if it is the beneficiary and trustee, shall register the property within ten days of taking owner of title to the property.

C. The registration shall contain the name of the responsible party (corporation or individual), street address and P.O. Box (if applicable), phone number, facsimile number, contact person's emergency phone number, the local property management company responsible for the security, maintenance, and marketing of the property, and the local property management company's contact information, including street address, phone number, and facsimile number.

D. The registration fee shall be valid for the calendar year, or the remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due. Registration fees will not be prorated. The registration fee effective date shall be based on the date the trustee sale occurs or the date that the city has determined the building to be abandoned and subject to this chapter, whichever is earlier. The amount of the registration fee shall be set by resolution of the city council.

E. Anytime after the property is determined to be abandoned and if there are any changes to ownership, whether recorded or not, or if the loan is transferred to another responsible party, the responsible party shall re-register the property with the city. The re-registration must occur within ten 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.

F. As part of registering or re-registering the property, the responsible party shall also file a statement of intent. The statement of intent shall include the following information: (1) the expected period of vacancy; (2) a plan for regular maintenance during the period of vacancy; and (3) a plan time line for the lawful occupancy, rehabilitation or demolition of the abandoned property. The statement of intent will be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. A new statement of intent is required to be filed for each time the property remains vacant by January 1st of each year and must be received no later than January 31st of the year due.

G. The registration requirement and fee may be waived by the city administrator if the responsible party complies with all requirements in this chapter, the municipal code, including, without limitation, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, or the California Building Code, while the property remains abandoned.

(Ord. 1421 § 2 (part), 2008)

Properties that are either vacant or abandoned, or both, shall be maintained free of graffiti; visible front and side yards shall be landscaped and maintained to the neighborhood standard; maintenance includes irrigation, curing, pruning, and mowing; pools and spas shall be kept in working order or drained, and must be secured behind a locked and screened fence or gate, of at least six feet height, so as not to become an attractive nuisance; properties shall be kept free of weeds, dead vegetation, trash, junk, debris, newspapers, flyers, personal items, furniture, appliances, vehicles, etc.

(Ord. 1421 § 2 (part), 2008)

A. Properties that are either vacant or abandoned, or both, shall, within seventy-two hours of becoming vacant or abandoned, be maintained in a secured manner so as not to be accessible to unauthorized persons. Secure property includes locked windows, doors and gates, or windows, doors, and openings boarded to the standards below or better. The preference is to secure the property without using the board-up standards below, unless the circumstances dictate that the property should be boarded.

B. The following shall be the specification and requirements to board a vacant structure: (1) remove all waste, rubbish or debris from the interior of the structure; (2) barricade all unsecured doorways, windows, or exterior openings with minimum one-half inch thickness exterior grade plywood which shall extend to the molding stops or studs; (3) mount at least two wood stocks of minimum two by four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bots mated with nuts and two flat washers; (4) extend the stock a minimum of eight inches on each side of the interior wall; (5) cause all hardware to be galvanized or cadmium plated; (6) paint all exterior barricade material the predominant color of the building; (7) at the request of the city, post the premises with a sign that state "DO NOT ENTER" or a separate sign with the responsible party contact number; (8) the city administrator may waive or change these standards if the responsible party proposes other means to secure the property in a manner that it adequately prevents unauthorized entry or vandalism.

(Ord. 1421 § 2 (part), 2008)

A local property management company shall be retained by the responsible party to inspect the abandoned or vacant property on a weekly basis to determine if the property is in compliance. If any maintenance violations exist, the property management company shall abate the violation within twenty-four hours of finding the violation or being notified by the city of the violation. The management company shall contact adjoining neighbors and provide the management contact number in case of emergency or any other issues that may arise. The city may also implement additional remedies on a case by case basis requiring the responsible party of record to implement additional property maintenance or security measures, including installing additional security lighting, posting no trespassing notices, increasing on-site inspection frequency, or employment of an on-site security guard, etc.

(Ord. 1421 § 2 (part), 2008)

A. Issuance of Notice of Violation. Whenever the city determines that a violation of one or more provisions of the municipal code, including, without limitation, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the California Building Code, or any applicable state codes exist: (1) a civil penalty may be issued in conjunction with a notice of violation; (2) the notice of violation shall refer to all code sections violated, including a description of the violation; (3) the notice of violation shall refer to the dates and locations of the violations; (4) the notice of violation shall establish a daily amount of civil penalties and the date that the civil penalties begin to accrue, and in case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate; (5) if the violations are continuing, the notice of violation shall demand that the responsible party cease and desist from further action causing the violation, or to take affirmative action to cease from maintaining or permitting the violation to exist, and commence and complete all action to correct the outstanding violations; (6) the notice of violation shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines prescribed; (7) an administrative notice of pendency may be recorded against the property to inform that continued violations exist at the property or to recover costs or penalties per this chapter related to a code violation.

B. Administrative Abatement Procedures for Nonemergency. In the event that the responsible party fails to comply with a notice of violation to conform with maintenance and security issues as outlined above within the required time period, the city may: (1) clean and board the unsecured vacant property; (2) remove all litter, waste, rubbish, solid waste, excessive vegetation; (3) remove all vehicles and items stored on the property; (4) conduct any repairs or engage in any remedies on the property if any hazard or blight conditions exist; and (5) recover all costs related to such abatement, including city staff time, city contractor's costs, and any attorney's fees and costs related to such abatement. Failure to pay costs related to abatement action will cause the city to take all necessary legal actions, including, without limitation, bringing an action for collection, filing a lien against the property or collecting the abatement cost as an assessment against the subject property, or any combination thereof. Interest shall be assessed against any abatement cost left unpaid following thirty days' notice to the responsible party, at a rate of ten percent per annum or the maximum rate permitted by law.

C. Continuous Public Abatement Authority. If a vacant building previously abated by the responsible party or by the city through the administrative abatement procedures again becomes unsecured and open to unauthorized entry or again contains debris, rubbish, waste or excessive vegetation, or other health and safety issues, the city may proceed to abate the nuisance and recover costs, after providing seventy-two-hour notice to the local property management company or responsible party via facsimile at the facsimile number provided with the registration. The abatement shall be at the expense of the responsible party as permitted in Section 15.62.080(B).

D. Summary Abatement for Immediate or Emergency Need. Summary abatement may be executed when the city determines that the public nuisance constitutes an immediate or imminent threat to the public health, safety or general welfare. Summary abatement is the abatement of the nuisance by the city by removal, demolition, repair or other acts with or without notice to the responsible party of the property, as the immediacy requires. A post-abatement hearing shall be provided within seventy-two hours following any summary abatement, and the owner shall be provided notice of said hearing as soon as practical following the abatement but before the hearing. The abatement shall be at the expense of the responsible party as permitted in Section 15.62.080(B).

(Ord. 1421 § 2 (part), 2008)

For any structure that remains vacant for more than one hundred eighty days after the city becomes aware that it is vacant, or shows indications of deterioration, has significant code violations, or is being vandalized, the city may engage in an inspection of the entire interior and exterior of the structure and the property and note all violations of the city municipal code, including, without limitation, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the California Building Code, or any applicable state codes. The city will notify the responsible party of the need for such inspection, request consent, and, if necessary, seek an inspection warrant from the San Bernardino Superior Court to initiate such inspection. The responsible party will receive a notice of violation to correct all violations discovered. An administrative notice of pendency shall be recorded against the property.

(Ord. 1421 § 2 (part), 2008)

Civil penalties for violations of any provision of the municipal code, including this chapter, or applicable state codes, shall be assessed at a daily rate as determined by the city administrator. The maximum administrative penalty shall be one thousand dollars per day, with the maximum amount of such administrative penalties not exceeding one hundred thousand dollars per parcel or structure per year. The administrative penalties shall end when all action required by the notice of violation has been completed. In determining the amount of the administrative penalty to be assessed on a daily rate, the city may consider some or all of the following factors: (1) the duration of the violation; (2) the frequency or recurrence of the violation; (3) the seriousness of the violation; (4) the history of the violation; (5) the responsible party conduct after issuance of the notice of violation; (6) the economic impact of the penalty on the responsible person; (7) the impact of the violation on the community; and (8) any other factors that may be required. Failure to pay an administrative penalty will cause the city to take all necessary legal actions, which may include filing a lien against the property or collecting the administrative penalty as an assessment against the subject property. Interest shall be assessed against any administrative penalty left unpaid following thirty days' notice to the responsible party, at a rate of ten percent per annum, or the maximum rate permitted by law.

(Ord. 1421 § 2 (part), 2008)

The city shall assess, as a personal charge against the owner, trustee and beneficiary (jointly and severally), and against the subject property, any reasonable administrative costs related to the inspection and enforcement of this chapter, including, without limitation, the scheduling and processing of any administrative hearing and processing any liens, notices, recordings, etc., related to any violation of this chapter and those costs referenced in Section 15.62.080(B). Failure to pay any administrative cost will cause the city to take all necessary legal actions, including, without limitation, bringing an action for collection, filing a lien against the property or collecting the administrative cost as an assessment against the subject property. Interest shall be assessed against any administrative cost left unpaid following thirty days' notice to the responsible party, at a rate of ten percent per annum or the maximum rate permitted by law.

(Ord. 1421 § 2 (part), 2008)

Any vacant or abandoned structure that continues to remain or is found to be repeatedly in violation of the city municipal code, including, without limitation, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the California Building Code, or any applicable state codes, and the responsible party either refuses or ceases to take action to correct the violations within the required time period, the city may declare the property a public nuisance and follow any of the administrative abatement procedures found in the municipal code, or seek orders from the court to abate such conditions. Court action may include civil fines up to one thousand dollars per violation, per day, or an order for the appointment of a receiver to cure all violations on the property, or both. In determining the amount of the civil fines, the court shall consider those factors listed in Section 15.62.100.

(Ord. 1421 § 2 (part), 2008)

The responsible party may file an appeal with a hearing officer in regards to an administrative abatement action by the city as listed in Section 15.62.080. The responsible party after receiving a notice of violation will be required to submit an application to appeal the administrative action. Such application must be received by the city no later than the day the abatement action is required to be corrected. The responsible party may also request an appeal with a hearing officer in regards to any administrative abatement costs as specified in Section 15.62.080 and any administrative costs as related to Section 15.62.110 and any administrative penalties as related to Section 15.62.100. The responsible party will be required to submit an application to appeal the costs within thirty days of receiving a notice from the city of such costs. A hearing will be scheduled at the discretion of the hearing officer. The responsible party shall be notified of the date, time and place of the hearing meeting. A fee for a hearing will be required to be paid. The fee will be established by the city council. Failure to file a timely appeal shall constitute a waiver of the right to an administrative hearing.

(Ord. 1421 § 2 (part), 2008)

Neither the registration of a vacant building pursuant to this chapter nor any other action taken pursuant to this chapter shall preclude action by the city to demolish or to take other action against the subject property pursuant to other provisions of the city municipal code, including, without limitation, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the California Building Code, or any applicable state codes.

(Ord. 1421 § 2 (part), 2008)

A certificate of code compliance for vacant buildings issued by the city administrator and payment in full of all fees imposed pursuant to this chapter are required prior to any occupancy of a vacant building.

(Ord. 1421 § 2 (part), 2008)