Yucca Valley Municipal Code Ch. 6.08 Maintenance of Abandoned Properties

It is the intent of the town council, through the adoption of this chapter, to establish a mechanism to protect residential and commercial neighborhoods from becoming blighted through the lack of maintenance and security of abandoned properties; and to set forth guidelines for the maintenance of abandoned properties. This chapter is only applicable to abandoned property (as hereinafter defined), whether such abandoned property is improved for residential or commercial use. (Ord. 219, 1-18-2011)

Certain words and phrases in this chapter are defined, when used herein, as follows:

ABANDONED: Any building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale. Evidence of "abandonment" for purposes of this chapter means any condition upon real property that independently, or in the context of the totality of circumstances relevant to that real property, would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, fliers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

ABATEMENT ORDER: A hearing officer's "order to abate" issued pursuant to chapter 6.04 of this title or a nuisance abatement appeals board's written final order decision issued pursuant to section 1.04.060 of this code, if any.

ACCESSIBLE PROPERTY: Real property that is accessible to the public, either, in general or through an open and unsecured door, window, gate, fence, wall, etc.

ACCESSIBLE STRUCTURE: A building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior.

ADMINISTRATIVE PENALTY PAYMENT DUE DATE: The date that is the eleventh day after the issuance of a hearing officer's issuance of a written "order to abate" pursuant to chapter 6.04 of this title, or the nuisance abatement appeals board's issuance of a final order decision pursuant to section 1.04.060 of this code, if any.

AGREEMENT: Any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange.

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

BENEFICIARY: A lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust.

BUILDING: Any improved real property, or portion thereof, designed or permitted to be used for any purpose, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "any real property", whether or not said property is legally permitted and zoned for such use.

BUYER: Any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an "agreement" as that term is defined in this section.

DANGEROUS BUILDING: Any building or structure reasonably deemed by qualified town staff to represent a violation of any provision specified in this code.

DAYS: Calendar days.

DEED IN LIEU OF TRANSFER/FORECLOSURE: A recorded instrument that transfers ownership of real property between parties to a particular deed of trust as follows: From the trustor, i.e., borrower, to the trustee upon consent of the beneficiary, i.e., lender.

DEED OF TRUST: An instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust, i.e., second trust deed, third trust deed, etc.

DEFAULT: The material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make a payment when due.

DISTRESSED: Any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.

ENFORCEMENT OFFICIAL: The town manager, the building official, and/or employee or agent of the town designated and/or charged with enforcing this code including, but not limited to, applicable codes adopted by reference therein.

FORECLOSURE: The process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor, i.e., borrower.

LENDER: A beneficiary or any entity holding a deed of trust.

LOCAL: Within forty (40) driving miles of the building, structure or real property in question.

NEIGHBORHOOD STANDARD: The condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. Neighborhood standards must comply with chapter 6.04, "Abatement Of Public Nuisances", of this title. When determining the neighborhood standard, no abandoned or distressed building, structure or real property shall be considered.

NOTICE OF DEFAULT: A recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee's sale.

OUT OF AREA: In excess of forty (40) road or driving miles of the subject property.

OWNER: Any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.

OWNER OF RECORD: The person holding recorded title to the real property in question at any point in time when official records are produced by the San Bernardino County recorder's office.

PENALTY DUE DATE: The date given in a formal notice issued by the town of Yucca Valley stating a specific date a penalty will apply to the cited property or person.

PROPERTY: Any unimproved or improved real property, or portion thereof, including, but not limited to, buildings or structures located on said real property, regardless of condition.

SECURING: Such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, repairing fences and walls, chaining/padlocking gates, the repairing or boarding of doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States department of housing and urban development.

TRUSTEE: Any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.

TRUSTOR: Any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/trustor.

VACANT: Any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy. (Ord. 219, 1-18-2011)

Within ten (10) days of a property transaction involving a change in the identity of an owner or the owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by residential or commercial property, each beneficiary and trustee engaged in said transaction or transfer/assignment shall record, via the San Bernardino County recorder's office, an assignment of rents or similar instrument. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents. (Ord. 219, 1-18-2011)

It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property to cause, permit, or maintain any property condition contrary to any provision of this chapter.

A. Any property subject to this section must comply with the requirements of chapter 6.04, "Abatement Of Public Nuisances", of this title.

B. In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, fliers, 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.

C. The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.

D. Visible front and side yards or other property shall be landscaped and maintained to the neighborhood standard in accordance with chapter 6.04, "Abatement Of Public Nuisances", of this title.

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

F. Landscaping does not include weeds, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.

G. Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively 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 state of California.

H. Adherence to this section does not relieve the owner of record or other person(s)/entity(ies) in possession, management or control of the property of the obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property.

I. The duties and obligations specified in this section shall be joint and several among and between all owners of record or other person(s)/entity(ies) in possession, management or control of the property and their respective agents.

The sole exception to these maintenance requirements shall, within the sole reasonable discretion of a duly authorized enforcement official, apply to property that is under construction and/or repair, not less than three (3) business days per week, undertaken in compliance with all applicable law including, but not limited to, town permitting requirements. (Ord. 219, 1-18-2011)

A. Abandoned properties shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows, securing means reglazing or boarding the window.

C. If the abandoned property is owned by a corporation and/or out of area beneficiary, trustee, or owner of record, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

1. The abandoned property shall be posted with the name and twenty four (24) hour contact phone number of the local property management company. The posting shall be no less than eighteen inches by twenty seven inches (18" x 27"), shall be of a font that is legible from a distance of forty five feet (45'), and shall contain the following verbiage:

THIS PROPERTY MANAGED BY , and TO REPORT PROBLEMS OR CONCERNS, CALL (name and phone number).

2. The posting shall be placed on the interior of a window facing the street to the front of the abandoned property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

3. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

D. The duties/obligations specified in this section shall be joint and several among and between all owners of record or other person(s)/entity(ies) in possession, management or control of the property and their respective agents. (Ord. 219, 1-18-2011)

In addition to the enforcement remedies established in this chapter, the town shall have the authority to require the owners of record or other person(s)/entity(ies) in actual possession, management or control of any abandoned property affected by this chapter to implement additional maintenance and/or security measures including, but not limited to, securing any and all 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 secure and reduce the visual decline of the property. (Ord. 219, 1-18-2011)

A. Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent.

B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any abandoned property and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this code.

C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the town pursuant to this code. Above and beyond the violation and penalty specified in this section, the town attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by this code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to chapter 6.04 of this title or this chapter.

D. In the event the town takes administrative action to abate the condition of an abandoned property above and beyond the rights and remedies specified in chapter 6.04 of this title, the following administrative penalties shall apply:

1. On the administrative penalty due date, each party subject to an abatement order shall pay an administrative penalty of one thousand dollars ($1,000.00).

2. In the event that a violation of this chapter addressed by an abatement order has not been abated, cured, remedied and/or eliminated to the reasonable satisfaction of a duly authorized enforcement official by the fifteenth day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of five thousand dollars ($5,000.00).

3. In the event that a violation of this chapter addressed by an abatement order has not been abated, cured, remedied and/or eliminated to the reasonable satisfaction of a duly authorized enforcement official by the thirtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a second supplemental administrative penalty of twenty five thousand dollars ($25,000.00).

E. In each instance when a party becomes subject to an administrative penalty specified in this section, an enforcement official shall issue an order providing written notice of that party's obligation to make payment of said administrative penalty. Each such order shall constitute a special assessment against the property in question having the same legal status as an order determining the cost of abatement of a public nuisance pursuant to the provisions of chapter 6.04 of this title.

F. In each instance when a party becomes subject to an administrative penalty specified in this section, and the order providing for said administrative penalty issues when that party is either seeking to perfect its interest in the abandoned property subsequent to the recordation of a notice of default, or is the property's owner of record, that party is not relieved of its obligation to pay any administrative penalty based upon the sale of the property in question to another. (Ord. 219, 1-18-2011)

Any person aggrieved by any of the requirements of this chapter may appeal a determination made hereunder in the manner specified with respect to appeals under title 1, chapter 1.04 of this code. (Ord. 219, 1-18-2011)