Vallejo Municipal Code Ch. 7.63 Maintenance of Foreclosed Residential Property

This chapter shall remain in effect until January 1, 2013, and as of that date is repealed, unless the state of California enacts a statute before January 1, 2013, that either deletes or extends Civil Code Section 2929.3. This chapter is intended to incorporate and implement the provisions of California Civil Code Section 2929.3. Nothing in this chapter shall be interpreted or implemented in a manner that is inconsistent with state law. In the event there is a conflict between the provisions of state law and this chapter, state law shall control.

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

The provisions of this chapter shall apply to the legal owner of vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. (Civ. Code § 2929.3(a)(1))

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. (Civ. Code Section 2929.3(a)(1))

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A violation of this chapter occurs when the legal owner of vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust, fails to maintain that property. For purposes of this chapter, "fails to maintain" means the failure to care for the exterior of the property, including, but not limited to, permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance. (Civ. Code Section 2929.3(a)(1), Civ. Code Section 2929.3(b))

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A. If the city imposes a fine pursuant to this section, the city shall first give notice of the alleged violation, including a description of the conditions that gave rise to the allegation, and notice of the city's intent to assess a civil fine if action to correct the violation is not completed within a period of not less than thirty days. (Civ. Code Section 2929.3(a)(1); 2929.4)

B. The city may provide less than thirty days' notice to remedy a condition, if the city determines that a specific condition of the property threatens public health or safety and provided that the notice of violation states that there is a threat to public health and safety, and time for compliance is given. (Civ. Code Section 2929.3(c); 2929.4)

C. Subject to the provisions of this chapter, the city may establish different compliance periods for different conditions on the same property in the notice of violation mailed to the legal owner. (Civ. Code Section 2929.3(a)(3))

D. Notice pursuant to this chapter shall be mailed to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the Government Code, or, if none, to the return address provided on the deed or other instrument. (Civ. Code Section 2929.3(a)(1))

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A. The city may impose a civil fine of up to one thousand dollars per day for each day that the owner fails to maintain the property, commencing on the day following the expiration of the period to remedy the violation. (Civ. Code Sections 2929.3(a)(1), 2929.3(a)(2))

B. In determining the amount of the fine, the city shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation. (Civ. Code Section 2929.3(a)(2))

C. Fines and penalties collected pursuant to this section shall be directed to local nuisance abatement programs. (Civ. Code Section 2929.3(d))

D. The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. The city, however, may not impose fines on a legal owner under both Civil Code Section 2929.3 as incorporated in this chapter and another chapter of the Vallejo Municipal Code. (Civ. Code Section 2929.3(e); Civ. Code Section 2929.3(h))

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A. The legal owner may contest the fine imposed on his/her property pursuant to this chapter. A request for a hearing must be filed in writing with the code enforcement manager no later than ten days after the imposition of the fine. The request must state the grounds for the appeal and include an appeal processing fee as set by council resolution. Failure to timely request a hearing or to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

B. Hearing Procedure.

1. The beautification advisory and code enforcement commission shall hear the appeal.

2. The hearing shall be held not less than fifteen days and not more than sixty days from the date that the request for hearing is filed. The hearing may be continued from time to time as deemed necessary by the hearing officer. Notice of the time, date and location of the hearing shall be provided to the legal owner no later than ten days before the hearing.

3. At the hearing, the party contesting the fine shall be given the opportunity to testify and to present evidence or witnesses concerning the violation.

4. The failure of the person contesting the violation to appear at the hearing shall constitute a waiver of the hearing, a failure to exhaust administrative remedies and agreement by the person contesting the fine to pay the administrative fine.

5. The notice of violation, fine and any additional report submitted by the person issuing the citation shall constitute prima facie evidence of the respective facts contained in those documents. The burden of proof shall then be on the person contesting the fine to refute such evidence.

6. Administrative hearings are informal and neither the rules of evidence and discovery as provided by California state law, nor the provisions of the Administrative Procedures Act apply to hearings under this chapter.

C. Decision of the Beautification Advisory and Code Enforcement Commission. After considering all of the testimony and evidence submitted at the hearing, the beautification advisory and code enforcement commission shall uphold, reduce, conditionally reduce or cancel the fine and shall state in a final written decision the reasons for that decision and advising the party contesting the fine of the right to judicial review. The decision of the beautification advisory and code enforcement commission shall be final.

D. Payment of Fine after Final Decision. If the final decision of the beautification advisory and code enforcement commission affirms the issuance of the fine, the legal owner shall pay the fine to the city within thirty days after service of the decision.

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

In addition to any fines associated with this chapter, a late fee shall be added when fines are not paid within the time limit specified on the citation, or after affirmance of an appeal, to recover the administrative costs associated with the collection of the fines. The amount of the late fee shall be established by city council resolution based on an analysis of the city's direct and indirect personnel costs, including, but not limited to, expenditures for personnel, materials and overhead required to collect unpaid fines.

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)

A. The amount of any unpaid fine and/or associated administrative charge may be recovered with a lien or assessment against the property. However, the lien or assessment may not be imposed unless the costs that constitute the assessment or lien have been adopted by the city council at a public hearing.

B. Liens. The lien shall attach when the code enforcement manager records a lien listing unpaid fines and/or associated administrative charges with the county recorder's office. The lien shall specify the amount of the lien, street address, legal description and assessor's parcel number of the property on which the lien is imposed, and the name and address of the property owner. In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the director. The lien may be foreclosed by an action brought by the city for a money judgment.

C. Special Assessments. The code enforcement manager may initiate proceedings to make unpaid fines and/or administrative charges a special assessment against the property where the violation occurred. A report of unpaid fines and/or administrative charges shall be transmitted to the city clerk to schedule a date for council to consider during a public hearing. Upon receipt of the report, the city clerk shall fix a schedule for hearing the report and to confirm the amount of unpaid fines and/or associated charges contained in the report as follows:

1. The code enforcement manager shall send notice of the hearing to the responsible person liable to be assessed by first class mail and certified mail, return receipt requested, at least fifteen days prior to the date of the hearing. The notice shall be mailed to the responsible person's address shown on the last Solano County Equalized Property Tax Assessment Roll or to any other address known for the responsible person. The effective date of the notice is the date of the first class mailing. The notice shall set the date and time by which objections or protests shall be filed with the code enforcement manager. No objection or protest received after that date shall be considered by the council.

2. At the time fixed for the public hearing, the council shall hear the report containing the assessment(s) together with any objections or protests of the responsible persons liable to be assessed. The council shall limit the scope of review to the code enforcement manager's report detailing the unpaid fines and/or administrative charges together with any objections to its accuracy. The council shall not consider evidence regarding the merit of any previous administrative hearings or the validity of the underlying citation. The council may modify the report as it deems just. After hearing all objections and making any modifications to the report, the council shall confirm the report. The code enforcement manager shall notify any responsible person making an objection or protest of the council's regarding his or her objection within ten days of the date of the hearing. The council's decision is final.

3. Upon confirmation of the report by the council, the unpaid fines and/or administrative charges shall constitute a special assessment against the property where the violation occurred. The code enforcement manager shall file a certified copy of the confirmed report with the Solano County Auditor/Controller's office and the amount of the special assessment shall be entered on the assessment roll against the parcels listed in the report. Thereafter, such assessments may be collected at the same time and in the same manner as ordinary secured property taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent ordinary secured property taxes. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except for those for state, county and municipal taxes [with] which there shall be parity. All laws applicable to the levy, collection and enforcement of secured property taxes shall be applicable to such special assessments.

(Ord. No. 1663 N.C.(2d), § 1, 3-27-2012)