Soledad Municipal Code Ch. 9.07 Abandoned Residential Property Maintenance and Registration

It is the purpose and intent of the city, through the adoption of this chapter, to establish an abandoned residential property maintenance and registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned residential buildings or structures and to establish uniform and reasonable regulations to prevent immediate risk and detrimental effects associated with abandoned and distressed properties.

The city council finds that abandoned and distressed residential properties pose risk to the public peace, health and safety of citizens in that the detrimental effects from the lack of security and maintenance of abandoned and distressed residential properties endangers children unprotected from unsecured pools and other attractive nuisances, lead to neighborhood decline, contribute to lower property values, discourage potential buyers from purchasing a home adjacent to or in the neighborhoods with abandoned and distressed residences, and further endangers neighborhoods affected by the resulting squatting, vandalism, burglaries and other crimes.

The city council further finds that the city will incur additional costs in administering and implementing the abandoned and distressed residential properties registration program and that it is in the best interests of the public for the city to recover the said costs through imposition of a registration fee.

(Ord. 661, § 1, 2009)

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

"Abandoned property" means a property that is vacant and is under a current notice of default and/or notice of trustee's sale, pending tax assessor's lien sale and/or property 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 and any property transferred under a deed in lieu of foreclosure/sale.

"Accessible property" means a rear or side yard property that is accessible through a compromised/breached gate, fence, wall, or other access.

"Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

"Agreement" means any agreement or written instrument which provides that title to residential 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/entity to another.

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

"Buyer" means any person, partnership, co-partnership, association, corporation, fiduciary or any legal entity that agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.

"Dangerous building" means any building/structure that is in violation of any condition(s), standards and/or regulations referenced in the 1997 Uniform Code for the Abatement of Dangerous Buildings.

"Days" means consecutive calendar days.

"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, often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.

"Deed in lieu of foreclosure/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.

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

"Distressed" means a property that is occupied by a person(s) having the right to use or having the right of possession of the property and that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.

"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 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 debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, and observation-based statements by neighbors, delivery agents, government employees, etc. that the property is vacant.

"Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at an auction to satisfy the debt if the trustor (borrower) defaults.

"Local property manager" means a real property management company, real estate firm or realtor which maintains an office or place of business no more than fifty miles from the subject property.

"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.

"Out-of-area" means outside Monterey County.

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

"Owner of record" means the person, partnership, firm, corporation, fiduciary or any other legal entity having recorded title to the property at any given point in time as provided by the 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.

"Residential building" means any improved real property, or portion thereof, situated in the city, designed 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 and/or zoned for such use.

"Securing" means such measures as may be directed by the city manager 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/padlocking of gates, the repair or boarding of door, window and/or other openings.

"Trustee" means the person, fiduciary, firm, corporation, or other legal entity 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/structure that is not legally occupied.

(Ord. 661, § 1, 2009)

Within ten days of the purchase and/or transfer of a loan/deed of trust secured by residential property, the new beneficiary/trustee shall record, with the county recorder's office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust.

(Ord. 661, § 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 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 days of the inspection, register the property with the city manager or his or her designee on forms provided by the city.

B. If the property is occupied but remains in default, it shall be deemed distressed and 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 days of that inspection, register the property with the city manager or his or her designee on forms provided by the city.

C. The registration required by either subsection (A) or (B) shall contain the name of the beneficiary/trustee (corporation, legal 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. Any change in the information in the registration required under this paragraph shall be reported within ten days of the change.

D. An annual registration fee shall accompany the registration form. The fee for registering an abandoned residential property shall be set by resolution of the city council. The fee and registration shall be valid for the fiscal year, or remaining portion of the fiscal year, in which the registration was initially required. Subsequent registrations and fees are due July 1 of each year and must be received no later than June 30 of the year due. Registration fees will not be prorated.

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 days of the change.

H. At the time of registration, the beneficiary or trustee shall cause the water utility service to be registered in their name and shall maintain such utility in their name until the property is no longer vacant.

I. If any beneficiary or trustee fails to register a residential property, as required by this chapter, the city may register the residential property, impose a registration fee and assess the same against the property.

(Ord. 661, § 1, 2009)

In addition to the requirements of Chapter 15.10 of this code, properties subject to registration under Section 9.07.040 of this chapter shall comply with the following:

A. The vacant property shall be kept free of weeds, dry brush, dead vegetation, trash, 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 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. Front and side yards visible from the fronting street shall be landscaped and maintained at the time registration was required in accordance with landscape provisions of Section 15.10.040 of this code and the requirements as set forth below:

1. Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

2. Permitted landscaping does not include weeds, uncontained amount of debris, dirt or rocks, 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 landscaping and removal of all trimmings.

D. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the city and state of California.

E. Adherence to this section does not relieve the beneficiary or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property.

(Ord. 661, § 1, 2009)

A. Properties subject to this chapter shall be maintained by the beneficiary/trustee/owner and/or owner of record in a secure manner so as not to be accessible to any 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 or doors securing means the prompt re-glazing or boarding of the window or door.

1. There shall be at least one operable door into the building or structure. If an existing door is operable, it may be secured with a suitable lock. All other operable doors may be closed from the interior by toe nailing them to the door frame or by securing with a suitable lock.

2. Boarding of doors and windows shall only be utilized as a security measure upon repeated breach of the building or structure. Boards shall be cut to fit the openings. Boarding shall be completed to a minimum of the current International Property Maintenance Code standards at the time the boarding is completed or required.

B. If the property is owned by a corporation, firm or out-of-area beneficiary/trustee/owner:

1. A local property management company shall be contracted to perform, at a minimum, bi-monthly inspections to verify that the property is in compliance with the requirements of this chapter, and any other applicable laws, are being met.

2. If the property is found to be non-compliant by the city, and upon notification of such non-compliance to the local property manager or responsible beneficiary/trustee/owner, the local property manager or responsible person or entity shall bring the property back into compliance within three days of notice thereof. At the discretion of the city manager or designee, an extension of time, not to exceed an additional two days, may be provided.

(Ord. 661, § 1, 2009)

Pursuant to the city's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under this code and other provisions of state law, including but not limited to, California Government Code Section 38771, the city council hereby declares that violation of this chapter, including but not limited to the maintenance and security requirements of this chapter, shall constitute a public nuisance.

(Ord. 661, § 1, 2009)

In addition to lawful remedies provided in this code or otherwise, the city manager or his or her designee 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 doors, windows 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 or preserve the public health and safety.

(Ord. 661, § 1, 2009)

A. If any person or entity fails to maintain and secure their property as required by this chapter within the time specified by written notice of violation, the city manager shall cause the property to be maintained and/or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by direction of the city manager, the city manager shall cause a statement of the costs thereof to be prepared for submission to the city council. The city manager shall set a time and place for the city council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the city council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as provided in this code and shall be accompanied by a copy of this chapter.

B. In addition to maintenance and securing of properties, any individual or entity covered by this chapter, who fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter, shall be deemed to have authorized the city to remove trespassers from the property.

(Ord. 661, § 1, 2009)

Violations of this chapter may be enforced in any combination as provided in this title and any other enforcement and lawful remedies available to the city under the law.

(Ord. 661, § 1, 2009)

Any person aggrieved by any of the requirements of this chapter may appeal in accordance with the process and procedures established under Section 9.04.090, "Appeal of notice and order," of this code.

(Ord. 661, § 1, 2009)

A. Pursuant to California Civil Code Section 2929.3, the city may impose a civil penalty in the amount not to exceed one thousand dollars per day for failure to maintain and secure abandoned property, as required by this chapter, subject to the following requirements:

1. Notice. Prior to imposing a civil penalty pursuant to this section, the city shall first give notice of the violations of the maintenance and security requirements of this chapter. The notice shall include a description of the conditions that gave rise to the violation(s), and advise the owner of the city's intent to assess a civil fine if an action to correct the violation(s) is not commenced within a period of not less than fourteen days and completed within a period of not less than thirty days. The notice shall be mailed to the address provided in the deed of trust or other instrument specified in California Government Code Section 27321/5(a), or if none, to the return address provided on the deed or other instrument.

2. The city shall impose the civil penalty pursuant to this section if actions necessary to address the violation(s) at the abandoned property are not commenced within a period of not less than fourteen days and completed within a period of not less than thirty days from the date of mailing of the notice required by this section. Notwithstanding the aforesaid, the city shall not impose a civil penalty pursuant to this section along with other administrative citations or fines authorized by other sections of this code.

3. The civil penalty imposed by this subsection shall stay in effect until January 1, 2013, the expiration date of Section 2929.3 of the California Civil Code, unless extended by the state legislation.

B. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, corporation, and/or firm or entity that violates any portion of this chapter is guilty of an infraction and subject to prosecution and/or administrative enforcement and penalty fees as provided in Title 1 of this code.

C. As set forth in Chapter 1.04 of this code, it shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this chapter is committed, continued or permitted by any person, firm, corporation and/or entity, and shall be punished accordingly.

D. Fines collected resulting from enforcement of this chapter will be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the city.

(Ord. 661, § 1, 2009)