San Jacinto Municipal Code Ch. 15.20 Abandonment of Model Home Complexes

If a housing developer wishes to occupy the model home complex, whether or not sales on all lots are complete, the developer or the developer's successor in interest shall, prior to the occupancy of the last remaining model home, complete the following:

A. Remove all temporary power poles from the project site area;

B. Remove all debris and construction materials from the project site area, including temporary construction area fencing;

C. Conduct general repair and clean-up of project site area;

D. Complete all outstanding public improvements, including sidewalks, on all entry streets that lead to occupied homes, on streets in front of all homes and streets that lead from one entry to all other available entries;

E. Remove all signage advertising the development, subdivision, contractor or sale of homes;

F. Remove model home sales office complex;

G. Remove all temporary trap fencing;

H. Remove model complex parking lot;

I. Ensure the maintenance of the landscaping in the public right-of-way until such time as the project is fully annexed into the appropriate lighting and landscaping maintenance district and has been accepted by the city for the purposes of maintenance;

J. Secure site from vandalism, trespassing, and possible injury through any means considered acceptable by the city at such time;

K. Add appropriate signage to secured areas warning of trespassing;

L. Maintain best management practices.

(Ord. 09-20 § 1)

In the event the development is not complete and sales are ceased, yet the model complex is not proposed for occupancy, the developer or the developer's successor in interest shall, prior to abandoning the model complex, complete the following:

A. Remove all temporary power poles from the project site area;

B. Remove all debris and construction materials from the project site area, including temporary construction area fencing;

C. Conduct general repair and clean-up of project site area;

D. Complete all outstanding public improvements, including sidewalks, on all entry streets that lead to occupied homes, on streets in front of all homes and streets that lead from one entry to all other available entries;

E. Remove all signage advertising the development, subdivision, contractor or sale of homes;

F. Ensure the maintenance of the landscaping in the public right-of-way until such time as the project is fully annexed into the appropriate lighting and landscaping maintenance district and has been accepted by the city for the purposes of maintenance;

G. Ensure the maintenance of the model complex landscaping until such time as the model complex is reoccupied;

H. Secure site from vandalism, trespassing and possible injury through any means considered acceptable by the city at such time;

I. Add appropriate signage to secured areas warning of trespassing;

J. Maintain best management practices.

(Ord. 09-20 § 2)

The property shall be declared a public nuisance should the developer or the developer's successor in interest, upon the abandonment of the model complex, fail to comply with Sections 15.20.010 and/or 15.20.020. Upon such declaration, the building official or agents of the building official are empowered to undertake the following:

A. Initiate proceeding to call any bonds related to the development;

B. Eliminate any nuisance associated with the development not secured by bonds and initiate a lien on the property to recover all associated costs and administrative fees; and

C. Provide or construct any outstanding public landscaping and the maintenance thereof and initiate proceedings to place a lien on the property and/or annex the property into the lighting and landscaping maintenance district to recover any costs or fees related thereto.

(Ord. 983 § 3, 1993)