Stanton Municipal Code Art. 3 Vacant and Foreclosed Property Registration

The purpose of this article is to ensure all vacant and foreclosed properties comply with minimum property maintenance requirements, to encourage proactive and preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the city of Stanton.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

For the purposes of carrying out the intent of this article, unless the content clearly indicates to the contrary, the following words, phrases, and terms shall have the following meanings:

"Director"

means the director of the community and economic development department, or designee.

"Owner"

means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are courtappointed administrators, conservators, guardians, receivers, and any beneficiary and trustee who holds a deed of trust on a property in the city.

"Person"

means any natural person or legal entity.

"Unoccupied"

means not legally occupied. Factors that may be used, either alone or in combination, to determine whether a property is unoccupied include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is unoccupied.

"Vacant property"

means any unimproved or improved real property in the city of Stanton regardless of how that property is zoned that is: (1) unoccupied and unsecured; (2) unoccupied and secured by boarding or other similar means; (3) unoccupied and has multiple code violations; (4) has been unoccupied for more than thirty days; (5) unoccupied and subject to a current notice of default, notice of trustee's sale, or pending tax assessors lien sale; or (6) unoccupied and conveyed by a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust or conveyed via a deed in lieu of foreclosure.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

The director is authorized to administer and enforce this article. The director may adopt supplemental regulations or policies to implement and interpret this article. These regulations or policies must conform with the purpose of this article.

(Ord. 1111 § 3, 2021)

A. Applicability. The provisions of this article apply to all unimproved and improved real property throughout the city of Stanton where any of the conditions specified in this article are found to exist.

B. Regulations Cumulative. The regulations provided by this article are cumulative to each other and to any other regulations under city, state, or federal law.

(Ord. 1111 § 3, 2021)

Any notice required to be served on an applicant or registrant under this article must be completed by either personal delivery or first-class mail. Service by mail is deemed complete at the time of deposit in the mail. Any notice issued to a registrant may be sent to the mailing address as listed on the application submitted to the city. Failure of any registrant to receive a properly addressed notice by mail does not invalidate any action, decision, determination, or proceeding under this article.

(Ord. 1111 § 3, 2021)

A. Registration Required. An owner of a vacant property must register their property with the director within thirty days of the property becoming vacant, in accordance with the requirements of this article. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property in question prior to recording a notice of default or similar instrument with the Orange County Recorder's Office. If any property shows evidence of vacancy, it is hereby deemed a vacant property.

B. Exemptions. The provisions of this article do not apply to the following vacant properties:

1. Active Construction. There is a valid building permit for repair, rehabilitation, or construction of structures on the property and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit.

2. Active Marketing. The property complies with all codes, is ready for occupancy, and is actively being offered for sale, lease, or rent.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

A. Application Required. Any person seeking to register a vacant property must submit a complete, written application to the city using a form adopted by the city for that purpose.

B. Application Contents. The city will not deem an application complete until all information, documents, and fees required under this article has been provided to the city. At minimum, any applicant requesting registration of a vacant property pursuant to this article must submit the following information and documentation:

1. The name and address of each owner and any property management company responsible for the security, maintenance, and marketing of the property in question.

2. A maintenance plan describing and documenting how the maintenance requirements of this article will be complied with.

3. The methods by which the owner has secured the property against unauthorized entry.

4. A statement regarding any future plans for the property.

5. Proof of fire and liability insurance coverage.

6. Such other information or documentation as the director may require.

C. Registration Fee. Each applicant must pay the nonrefundable registration fee, as established by resolution of the city council, at the time of registration and annually thereafter.

D. Annual Registration. The registration pursuant to this section must be renewed annually. A registration is valid upon issuance and continues in effect for one year from date of issue. It expires automatically one year following the date of its issuance, unless suspended, revoked, or renewed in accordance with this article.

E. Notice City of Changes to Registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this article must notify the director in writing of any change of information contained in the registration within ten days of the change.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

Whenever the director has cause to believe, based upon an inspection, complaint, or report from another agency, that a property is vacant and it has not been registered as required by this article, then the director may serve the owner of record as shown on the assessor's records with a written notice requiring the owner to register the property with the department as vacant and pay the registration fee within the period of time specified in the notice, which may be no greater than thirty days.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

A. Maintenance Required. Each vacant property must be maintained in compliance with the following maintenance and security requirements. The director may modify of waive these requirements in writing, in his or her discretion, in the case of a property that has been damaged by fire, a natural disaster, or other calamity, or that is partially vacant.

B. Exterior Maintenance. The owner must actively maintain and monitor the exterior of the property grounds so that they remain in continuing compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight. Active maintenance and monitoring shall include, but not be limited to:

1. Maintenance of landscaping and plant materials in good condition.

2. Regular removal of all exterior trash, debris, and graffiti.

3. Maintenance of the exterior of any building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks.

4. Prevention of criminal activity on the premises and trespass by unauthorized persons.

5. Turning off all utilities that are not necessary for the upkeep and maintenance of any building.

6. Any swimming pool, spa, or pond must be emptied and kept dry.

C. Interior Maintenance. The owner must preserve the interior of any vacant building from damage by the elements or plumbing leaks and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests.

D. Security. Each vacant property must be secured against unauthorized entry. The methods of security must be approved by the director, who must take into consideration whether the property has been cited for nuisance activities or criminal conduct by another department of the city or another government agency.

E. Insurance. The owner must maintain fire and liability insurance coverage as determined necessary by the director. Any insurance policy must require advanced, written notice to the director in the event of cancellation of insurance or a reduction in coverage.

F. Sign Posting. The owner of the vacant property is required to post a sign at the front of the property or building, in a conspicuous location, protected from the weather, if possible, that provides the current name, address, and phone number of the owner of record or property manager. If a notice of default or foreclosure has been recorded for the property, the lender's name, address, and telephone number must also be provided. The sign may be no smaller than eight and one-half inches by eleven inches.

G. Additional Requirements for Commercial Buildings. Any vacant commercial building must be maintained in accordance with the following requirements:

1. Buildings with fire sprinkler systems must be maintained in working order.

2. Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order.

3. Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security agency operating in the city of Stanton and providing regular surveillance of the vacant building as part of the agency's security route.

4. Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security agency operating in the city of Stanton and providing regular surveillance of the vacant building as part of the agency's security route.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)

The city council may establish by resolution, and from time to time may amend, a registration fee to defray the administration of this article, including, but not limited to, the registration process, monitoring vacant properties, and enforcing this article. The fee required under this article is in addition to any other license, permit, or fee required by any other portion of this code. The amount of any fee, cost or charge imposed pursuant to this article is a debt to the city of Stanton that may be recovered by any means authorized by law.

(Ord. 1111 § 3, 2021)

A. Violations Unlawful. It is unlawful and declared a public nuisance for any person to operate, conduct, or maintain a vacant property contrary to the provisions of this article.

B. Criminal Penalties. Any person who violates any provision of this article is guilty of a misdemeanor punishable by a fine of up to one thousand dollars, or by imprisonment in the County Jail not exceeding six months, or by both; except the city attorney, in his or her discretion, may prosecute a violation of this article as an infraction subject to the penalties in Chapter 1.10 of this code.

C. Administrative Citations. Administrative citations may be issued for violations of the provisions of this article, as set forth in Chapter 1.12 of this code.

D. Civil or Equitable Enforcement. The city attorney may bring a civil or equitable action to seek the abatement of any violation of this article.

E. Aiding, Abetting, and Omissions. Whenever in this article any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

F. Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

G. Remedies Cumulative. The remedies, procedures, and penalties provided by this article are cumulative to each other and to any other remedies, procedures, and penalties available under city, state, or federal law.

(Ord. 1005 § 1, 2012; Ord. 1111 § 3, 2021)