Temple City Municipal Code Art. I Aerosol Spray Paint and Marking Pen Regulations

As used in this article, the following terms shall be defined as set forth herein:

AEROSOL PAINT CONTAINER: Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

ETCHER: Any device which is adapted or made for the purpose of applying a mark or scar on any surface.

FELT TIP MARKER: Any indelible marker or similar implement with a tip which, at its broadest width is at least one-eighth inch (1/8") in width.

GRAFFITI PARAPHERNALIA: Any aerosol paint container, felt tip marker, paint stick, graffiti stick or etching tool capable of applying a one-eighth inch (1/8") mark or scar on any surface.

PAINT STICK OR GRAFFITI STICK: Any device containing a solid paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface, and upon application, leaving a mark at least one-eighth inch (1/8") in width. (Ord. 93-755)

It shall be considered a misdemeanor for any person to sell, exchange, give, loan or cause or permit to be sold, exchanged, given or loaned, any aerosol paint container, felt tip marker, paint stick, graffiti stick or etcher to anyone under the age of eighteen (18) years. It shall be considered an infraction for anyone under the age of eighteen (18) years to purchase or otherwise obtain or possess any aerosol paint container, felt tip marker, paint stick, graffiti stick or etcher in a public place unless such juvenile is in the presence of a parent or guardian. (Ord. 93-746; amd. Ord. 93-755)

A. Any business or establishment offering for sale to the public any aerosol paint container, felt tip marker, paint stick, graffiti stick or etcher shall post and maintain a sign which contains the provisions of section 4-2I-1 of this article in letters at least one-half inch (1/2") in height and such sign shall be plainly visible to customers.

B. Any business or establishment offering for sale to the public any aerosol paint container, felt tip marker, paint stick, graffiti stick or etcher shall keep, store and maintain such materials in a place that is locked and secured or otherwise inaccessible to the public. (Ord. 93-746; amd. Ord. 93-755)

ARTICLE J. VACANT AND ABANDONED PROPERTY

SECTION:

It is the purpose and intent of the city council, through the adoption of this article, to establish a registration program for abandoned and vacant property as a mechanism to protect residential neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and/or security of abandoned and vacant properties.

(Ord. 11-949)

As used in this article, the following definitions shall apply and, for purposes of this article, shall supersede any other definitions of the same terms in this code.

ABANDONED: Real property that is vacant and that meets any of the following conditions:

A. Is under a current notice of default.

B. Is under a current notice of trustee's sale.

C. Is pending a tax assessor's lien sale.

D. 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.

E. Has been transferred under a deed in lieu of foreclosure.

ACCESSIBLE PROPERTY: Any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.

ACCESSIBLE STRUCTURE: A building or structure (as defined by the building code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

AGREEMENT: Any agreement or written instrument which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).

ASSIGNMENT OF RENTS: An instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

BENEFICIAL INTEREST: The interest held in a deed of trust by a beneficiary.

BENEFICIARY: The person or persons who own or hold a promissory note that is secured by a deed of trust and who is/are named in that document. Beneficiary shall include, but shall not be limited to, the assignees, successors, or transferees of a holder of such a promissory note.

CITY: The city of Temple City.

CODE: The Temple City municipal code and all laws and regulations incorporated therein, as well as all uncodified and adopted ordinances.

DEED IN LIEU OF FORECLOSURE/SALE: A deed to real property accepted by a lender/beneficiary from a defaulting trustor/borrower to avoid the necessity of foreclosure proceedings by the lender.

DEED OF TRUST: An instrument by which an interest in title to real estate is transferred to a third party trustee as security for a real estate loan (and often used in California instead of a mortgage). This definition applies to any and all subsequent deeds of trust (e.g., second deed of trust, third deed of trust).

DEFAULT: The failure to fulfill a contractual obligation, monetary or otherwise, under a promissory note and/or deed of trust.

DISTRESSED PROPERTY: A property that meets any of the following conditions:

A. Is under a current notice of default that has been recorded with the Los Angeles County recorder's office.

B. Is under a current notice of trustee's sale that has been recorded with the Los Angeles County recorder's office.

C. Is pending a tax assessor's lien sale.

D. Has been the subject of a foreclosure sale where legal title was retained or acquired by the beneficiary of a deed of trust involved in the foreclosure.

E. Has been transferred under a deed in lieu of foreclosure.

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 shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, fliers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

FORECLOSURE: The process by which real property pledged as security for a debt is sold to satisfy the debt in event of default in payments or terms. Said process may include recordation of a notice of default and/or notice of trustee's sale against the property that is the subject of a default.

LOCAL: Within forty (40) driving miles' distance of the subject property.

NOTICE OF DEFAULT: A recorded notice indicating that a default has occurred under a deed of trust and that the beneficiary/trustee named therein, or a successor trustee, intends to proceed with a trustee's sale and/or other foreclosure proceeding. This notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.

NOTICE OF TRUSTEE'S SALE: A recorded notice that follows a notice of default to announce the date, time, and place that a sale of real property may occur as a result of a default under a deed of trust. This notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.

OUT OF AREA: Not within forty (40) driving miles' distance of the subject property.

OWNER: Any person having legal or equitable title or any interest in any real property, including the right to possess and use that property.

OWNER OF RECORD: The person having title to the property at any given point in time as recorded with the Los Angeles County recorder's office.

PERSON: Shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

PERSONAL PROPERTY: Shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

REAL PROPERTY: Any improved or unimproved real property owned by any person and/or any building, structure, or other improvement thereon, or any portions thereof.

RESPONSIBLE PARTY: Any person or persons who has/have equitable or legal title to or control over real property. "Responsible party" includes, but is not limited to, every owner, owner of record, beneficiary, lienholder, trustee, servicing company, real estate agent, and property management company, as well as any person acting on behalf of another responsible party.

SECURING: Shall mean and include such measures as may be directed by the city manager (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers; chaining or padlocking of gates; and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening 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 shall be consistent with the requirements of this chapter.

SUBSTITUTION OF TRUSTEE: A document executed by a beneficiary that replaces a trustee under a deed of trust with another.

TRUSTEE: The person holding a deed of trust on real property, and who has the power to sell the property if the trustor does not fulfill the obligations as recited in the instrument.

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

VACANT: Real property and any building or structure thereon that is not legally occupied, or that otherwise shows evidence of vacancy.

(Ord. 11-949)

A. Within ten (10) calendar days following the purchase or transfer of a loan or deed of trust secured by real property, the new beneficiary and trustee shall record with the Los Angeles County recorder's office an assignment of rents or similar document that lists the name of the person purchasing or acquiring the loan or deed of trust and the mailing address and contact telephone 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.

B. Within ten (10) calendar days following the change of a trustee in a deed of trust secured by real property, the beneficiary shall record with the Los Angeles County recorder's office a substitution of trustee or similar document that lists the name of all new trustees, as well as the mailing address and contact telephone number of all new trustees. (Ord. 11-949)

A. Any beneficiary and trustee who holds a deed of trust on real property located within the city of Temple City shall, prior to recording a notice of default with the Los Angeles County recorder's office, perform an inspection of said real property. If the real property is found to be "abandoned" or shows "evidence of vacancy" (as these terms are defined by this article), the beneficiary and trustee shall register the real property with the city, on city approved forms, within ten (10) calendar days of the inspection and shall pay an annual registration fee as set by resolution of the city council. The registration (including the statement of intent as referenced hereinbelow) and accompanying fee shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. The registration fee shall not be prorated. Subsequent registrations and fees shall be due January 1 of each year and must be received by the city no later than January 31 of the year due.

B. If the property is occupied at the time of the initial inspection but a notice of default or notice of trustee's sale remains current in connection therewith, it shall be inspected by the beneficiary and trustee every subsequent calendar month until:

1. The trustor or other party remedies the default;

2. The foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee; or

3. The real property is found to be vacant or shows signs of vacancy, at which time the beneficiary and trustee shall register the real property with the city within ten (10) calendar days of said inspection.

C. The beneficiary and trustee shall register with the city any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale. Registration shall be filed on city approved forms within ten (10) calendar days of the inspection demonstrating the vacancy or the evidence of vacancy.

D. The registration forms, as established by the city manager (or designee thereof) shall contain, at a minimum, the following information:

1. Name and street/office address (not a P.O. box) and, if different, the mailing address of each beneficiary and trustee;

2. A direct contact name, telephone number, and e-mail address for the person handling the deed of trust and/or foreclosure;

3. The name, street address, telephone and facsimile numbers of a local property management service provider responsible for the security and maintenance of the real property, as well as identical information for all realtors who have been engaged to market the real property;

4. A statement of intent that provides the following information:

a. The expected period of vacancy;

b. A detailed plan for the regular maintenance of the real property during the period of vacancy;

c. A timetable for the lawful reoccupancy of the real property, or for the rehabilitation or demolition of the structures thereon.

E. Persons required to register real property pursuant to this article shall keep such property registered and shall comply with all security and maintenance requirements of this article (as well as all other provisions of this code) for the entire time such property remains vacant or shows evidence of vacancy. Persons required to register real property pursuant to this article shall also report in writing to the city any change of information contained in the registration within ten (10) calendar days of the change.

F. When real property subject to registration pursuant to this article becomes occupied or title is transferred to another responsible party, the beneficiary, trustee and/or prior responsible party shall notify the city in writing within ten (10) calendar days of the property's occupancy or the transfer of title.

G. In such instance where title to an abandoned or vacant real property that was subject to registration pursuant to the provisions of this article has been transferred to another responsible party, the new responsible party shall reregister the real property with the city on city approved forms within ten (10) calendar days of the transfer. Reregistration forms shall contain, at a minimum, all of the information required by subsection D of this section. A reregistration fee as set by council resolution shall accompany the reregistration form.

H. Nothing contained within this chapter relieves a responsible party from complying with any other obligation set forth in any applicable "conditions, covenants, and restrictions" and/or homeowners' association rules and regulations or with any other provision of this code. (Ord. 11-949)

Any beneficiary and trustee who holds a deed of trust on real property located within the city of Temple City, which property is distressed (as defined by this article) on the effective date of this article, shall, within sixty (60) days of adoption of this article, perform an inspection of the real property that is the security of the deed of trust. If the real property is found to be vacant or shows evidence of vacancy, the beneficiary and trustee shall register the real property with the city, on city approved forms, within ten (10) calendar days of the inspection, and shall otherwise comply with the requirements of section 4-2J-3 of this article. (Ord. 11-949)

Real property subject to the registration requirements of this article shall be maintained in a neat, clean, healthful, and sanitary condition at all times. The following conditions do not constitute a neat, clean, healthful, and sanitary condition and shall be explicitly prohibited:

A. Buildings or structures with graffiti, tagging, or other markings, or graffiti, tagging, or other markings that have not been completely removed or painted over with a color matching the exterior of the remaining portion of the building or structure;

B. Accumulations of lumber, junk, trash, debris, construction material, household furniture, appliances, clothing, or discarded, unused, or abandoned personal property on exterior portions of the real property;

C. Accumulations of newspapers, circulars, fliers, notices, or other printed material that give the appearance that the property is vacant (except those required by federal, state, or local law);

D. Vegetation that is overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced;

E. Swimming pools, spas, or other bodies of water that are not maintained in such a manner as to be free and clear of pollutants or debris, or that are maintained in such a manner as to be likely to harbor mosquitoes, insects, or vectors, including, but not limited to, water that is clouded or green, water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or swimming pools that are not covered, secured and/or maintained in such a manner that water cannot collect or accumulate therein or on top of a cover thereon; and

F. Accessible property or accessible structures not secured as required by this code.

(Ord. 11-949)

A. Real properties subject to registration pursuant to this article (and buildings or structures thereon) shall be secured within seventy two (72) hours of becoming abandoned, vacant, or showing evidence of vacancy, in a manner to prevent access by unauthorized persons, including, but not limited to, the closure, locking, and/or boarding of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property and/or buildings or structures located thereon (including garage structures or detached accessory structures).

1. No window, door, or other opening shall be boarded without prior written approval of the city manager (or designee thereof) and when such approval has been granted, the boarding of any window, door, or other opening 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 shall be consistent with the requirements of this chapter. The factors that shall be considered in determining whether the boarding of windows, doors, or other openings is required include, but are not limited to:

a. Whether the window, door, or other opening is visible from a public vantage;

b. The difficulty of adequately securing the window, door, or other opening in another manner so as to prevent unauthorized entry;

c. The length of time the real property has been abandoned or vacant; and

d. The length of time the real property is expected to remain abandoned or vacant (as indicated in any statement of intent on file with the city).

B. Responsible parties for any real property subject to registration pursuant to this article shall submit a "letter of agency" (or other similarly entitled authorization) to the Los Angeles County sheriff's department (Temple Station) every thirty (30) calendar days and post "No Trespassing" signs as required and approved by the city so that the sheriff's department is authorized to remove and/or arrest all unauthorized persons from the property. (Ord. 11-949)

A. Responsible parties for any real property subject to registration pursuant to this article shall retain the services of a local property management service provider that shall be responsible for the maintenance and security of the real property. Responsible parties shall provide in writing the name and telephone number of the local property management service provider to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property. Use of out of area property management service providers is prohibited. The retention of a local property management service provider shall not relieve other responsible parties of their obligations, duties, or responsibilities for the maintenance and security of the real property.

B. Responsible parties shall cause the on site inspection of any real property subject to registration pursuant to this article to be inspected on a weekly basis and shall submit a written inspection report to the city manager (or designee thereof) on or before the tenth day of each calendar month for which the real property remains vacant or shows evidence of vacancy. The written report shall consist of, at a minimum, the following:

• 1. The address of the real property being inspected;
• 2. The dates of inspection;
• 3. A description of any unlawful conditions observed; and

4. The actions taken or proposed to be taken by the responsible party to abate the unlawful conditions.

C. Responsible parties shall cause the abatement of any unlawful condition existing on real property subject to registration pursuant to this article within forty eight (48) hours of observing or of being notified of the unlawful condition. Nothing in this article relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by this code.

(Ord. 11-949)

A. In addition to the specific maintenance and security requirements provided in this article, the community development director, sheriff's department, and/or fire department (or designees thereof) shall have the authority to require responsible parties for real property subject to registration pursuant to this article to implement additional maintenance and security measures in order to effectuate the purpose of this article, including, but not limited to, the installation of security lighting, increasing the frequency of on site inspections, employment of an on site security guard, and/or posting of additional signage at the subject property.

B. Any responsible party may request a hearing before the city manager (or designee thereof) in order to challenge or appeal the imposition of any additional maintenance and/or security requirements pursuant to this section in accordance with the requirements, procedures, and provisions of article C of this chapter.

(Ord. 11-949)

No person shall cause, permit, or suffer the reoccupancy of any real property (or building or structure thereon) that has been subject to registration pursuant to this article in excess of one hundred eighty (180) calendar days without having first obtained a "certificate of code compliance" as issued by the city manager (or designee thereof). A "certificate of code compliance" shall not be issued until such time as the following conditions have been met:

A. All charges, fees, and/or costs imposed pursuant to this article or other applicable provisions of this code have been tendered in full to the city;

B. City officials have conducted an on site inspection of the real property (including all buildings or structures located thereon) to confirm they are in compliance with applicable provisions of this code; and

C. All unlawful conditions existing at the subject property have been fully corrected and abated with all requisite approvals, permits, and/or inspections.

(Ord. 11-949)

A. Notwithstanding any other provision of this article to the contrary, any person who causes, permits, or suffers a violation of any provision of this article, or who fails to comply with any obligation or requirement of this article, is guilty of a misdemeanor punishable in accordance with title 1, chapter 2 of this code and is also subject to administrative citations in accordance with title 1, chapter 4 of this code.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this article, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, permitted or suffered by such person, and shall be punishable accordingly.

C. This article does not exclusively regulate the use, maintenance, and security of real and/or personal property within the city, and the remedies provided in this article are in addition to other remedies and penalties authorized by this code, or by the laws of the state of California or of the United States. (Ord. 11-949)

ARTICLE K. POOL MAINTENANCE FOR THE REDUCTION OF MOSQUITO BREEDING

SECTION:

The following definitions govern construction of this chapter unless the context clearly requires otherwise:

A. The City Manager is hereby authorized and directed to enforce the provisions of this chapter.

B. The City Manager is authorized to designate certain City personnel to assist in the enforcement of this chapter. The designees will have such enforcement powers as are delegated by the City Manager.

C. The City Manager is authorized to promulgate rules, regulations, policies and procedures to implement the provisions of this chapter, including, but not limited to, administrative policies and procedures for the City's use, independently and/or in conjunction consultation with the San Gabriel Valley Mosquito and Vector Control District, to investigate, identify and abate pools that are not maintained in compliance with the provisions of this section.

(Ord. 20-1049)

A. The City Manager is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. Authorized inspections will be limited to exterior portions of premises.

B. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the City Manager has reasonable cause to believe that there exists on the premises a pool that is not maintained in compliance with the provisions of this chapter, the City Manager may enter the premises at reasonable times to inspect.

1. If the property is occupied, the City Manager must, before entering the premises, present proper credentials, and request entry, explaining his or her reasons for the inspection.

2. If the property is unoccupied, the City Manager must first make a reasonable effort to locate the owner or other responsible person, as defined in this chapter, and request entry, explaining his or her reasons for the inspection.

3. If consent to entry is refused or otherwise cannot be obtained, the City Manager must have recourse to every remedy provided by law to secure lawful entry and inspect the premises, including, but not limited to, securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57.

4. Notwithstanding the foregoing, if the City Manager has reasonable cause to believe that a pool is in such a condition as to pose an imminent hazard to public health and safety, the City Manager will have the right to immediately enter and inspect the premises, and may use any reasonable means required to effectuate the entry and inspection.

(Ord. 20-1049)

A. Owners, as defined in this chapter, must regularly and continuously maintain a pool in one of the following manners:

1. The pool must be filtered and treated so the water remains clear and circulating; and

2. The pool must always be fully drained and kept dry.

B. Any pool that is not maintained in conformance with subsection A. will be deemed an "unmaintained pool."

C. Notwithstanding any provision of a lease or rental agreement, or other occupancy contract or agreement, which assigns pool maintenance duties to a lessee, tenant or occupant, an owner will be deemed responsible for the regular and continuous maintenance of his or her pool in accordance with subsection A.

(Ord. 20-1049)

A. The City Council finds and declares that it is unlawful for any responsible person, as defined in this chapter, to allow, cause, create, suffer or permit the presence of an unmaintained pool on his or her property.

B. The City Council finds and declares that an unmaintained pool constitutes a public nuisance subject to abatement.

C. Any person violating the provisions of this section is subject to the penalty provisions set forth in Section 4-2K-6.

(Ord. 20-1049)

A. The City Manager may cause an unmaintained pool to be abated, in accordance with the procedures set forth in Section 4-2C-10 through 4-2C-16.

B. The City Manager may utilize the procedures set forth in Section 4-2C-17 for the emergency abatement of an unmaintained pool if it is determined that the pool creates an imminent hazard to public health, safety, or welfare. Evidence of an imminently hazardous pool includes, but is not limited to, the presence of mosquitoes, mosquito larvae, bacterial growth or algae, or water which is unclear, murky, clouded, green or discolored.

(Ord. 20-1049)

A. The City Manager may issue an administrative citation to a responsible person who causes, allows, suffers, or permits the presence of an unmaintained pool. Issuance of a citation must be in accordance with and as provided in Section 1-4-4.

B. Notwithstanding any other provisions in this code, the penalty amount of an administrative citation issued for a violation of this section must be assessed as follows:

1. For the first administrative citation, the penalty will be one hundred dollars ($100.00).

2. For the second administrative citation, the penalty will be two hundred dollars ($200.00).

3. For the third administrative citation, the penalty will be five hundred dollars ($500.00).

(Ord. 20-1049)

Any administrative citation pursuant to this section shall not prejudice or adversely affect any other civil, administrative, or criminal action that may be brought to abate an unmaintained pool or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

(Ord. 20-1049)

If any section, subsection, paragraph, sentence, clause, or phrase of this section is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision will not affect the validity of the remaining portions of this section. The City Council declares that it would have adopted this section, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. 20-1049)