HomeMy WebLinkAbout810 - OrdinancesORDINANCE NO. 810
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA ADOPTING REGULATIONS
PERTAINING TO THE MAINTENANCE AND SECURITY
OF VACANT AND ABANDONED RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL PROPERTIES, AND
AMENDING TITLE 8 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS
FOLLOWS:
SECTION 1. A new Chapter 8.42 is hereby added to Title 8 of the Rancho Cucamonga
Municipal Code to read as follows:
Chapter 8.42
MAINTENANCE OF FORECLOSED AND ABANDONED RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL PROPERTIES
Sections:
8 .42.010 Findings, purpose and intent.
8.42.020 Definitions.
8.42.030 Recordation of transfer of loan or deed of trust;
assignment of rents.
8.42.040 Registration.
8 .42.050 Maintenance requirements.
8 .42.060 Security requirements.
8 .42.070 Additional authority.
8.42.080 Enforcement.
8 .42.010 Findings, purpose and intent.
The City Council finds, determines and declares that:
A. The presence of vacant or abandoned residential, commercial or industrial
properties can lead to neighborhood decline.
B. The presence of vacant or abandoned residential, commercial or industrial
properties can create an attractive public nuisance.
C. The presence of vacant or abandoned residential, commercial or industrial
properties can contribute to lower property values.
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D. The presence of vacant or abandoned residential, commercial or industrial
properties can discourage potential buyers from purchasing property adjacent to or in
neighborhoods with such vacant, abandoned properties.
E. In many instances, the lenders and trustees in foreclosures fail to
adequately maintain and secure these vacant residential, commercial or industrial
properties.
F. It is the purpose and intent of the City Council in enacting this Chapter, to
protect the public health, safety and welfare of the City and its citizens by protecting its
residential, commercial and industrial neighborhoods from decline and depreciation,
and preventing unsafe conditions.
G. It is the further purpose and intent of the City Council in enacting this
Chapter, to establish a registration program for properties that are vacant or
abandoned, due to foreclosure or otherwise, as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and security of
abandoned properties.
8.42.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are
defined as follows:
"Abandoned" means a condition in which a property is vacant or distressed
"Accessible" means capable of being accessed through a compromised or
insecure gate, fence, wall, or entrance, or unsecured or capable of being
breached so as to allow access to the interior space of a structure 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 of said property.
"Assignment of Rents" means an instrument that transfers the beneficial interest
under a deed of trust from one lender or entity to another.
"Beneficiary" means a lender party of a note secured by a deed of trust.
"Buyer„ means any person or entity who agrees to transfer anything of value in
consideration for property described in an agreement for sale of said property.
"Days„ means consecutive calendar days
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"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. In the State of California,
the term "deed of trust" is used instead of the term "mortgage." This definition
applies to any and all subsequent deeds of trust (i.e., 2nd trust deed, 3rd trust
deed, etc.).
"Deed in lieu of foreclosure or 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, monetary or
conditional.
"Distressed" means a condition in which a property: (a) is in receipt of a current
Notice of Default or Notice of Trustee's Sale; (b) is the subject of a pending Tax
Assessor's Lien Sale; (c) is the subject of a foreclosure sale where the title was
retained by the beneficiary of a deed of trust involved in the foreclosure; or (d) is
transferred under a deed in lieu of foreclosure or 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, conditions
violating property maintenance standards set forth in this Code, any unsecured
entrances, broken windows, overgrown or dead vegetation, accumulation of
newspapers, circulars, flyers 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
at a residence, consistent with residential habitation, statements by neighbors,
passersby, delivery agents, government employees, utility employees, or others
who regularly observe the property, that the property is vacant.
"Foreclosure" means the process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the trustor defaults.
"Landscape Maintenance Requirements" means any and all landscape
requirements and standards applicable to the property pursuant to the Rancho
Cucamonga Municipal Code. In addition to acceptable types of live or artificial
lawn grass landscaping authorized by said Code, and with the prior written
approval of the City Planning Director, any person or entity responsible for
maintaining property pursuant to this Chapter may utilize a non-toxic,
biodegradable, grass-colored green spray paint or substance specifically
designed and manufactured to be used to simulate lawn grass, which shall be
applied to existing dead grass or other plant material by a professional contractor
having any and all permits and licenses required by law to perform such service.
Such authorized green spray paint or other substance may be used for a
maximum of six (6) months from the date of first application, unless the property
remains unoccupied and a written extension, not to exceed three (3) months per
extension, is obtained from the Planning Director.
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The authorized green spray paint or other substance shall be applied during the
initial six (6) month period, and any periods of extension, as needed, to maintain
the original color and color intensity.
"Local" means within eighty (80) miles of 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 in excess of eighty (80) miles of the subject property.
"Owner" means any person or entity having a legal or equitable title or any
interest in any property.
"Owner of record" means the person currently having record title to the property
at the San Bernardino County Recorder's Office.
"Property" means any real property, or portion thereof, upon which any structure
is located, situated in the city, designed or permitted to be used for residential,
commercial or industrial purposes, and shall include all buildings and structures
located on such property. This includes any real property being offered for sale,
trade, transfer, or exchange as "residential" whether or not it is legally permitted
or zoned as such.
"Securing" means such measures as may be directed by the Building Official or
his or her designee that render the property inaccessible to unauthorized
persons, including but not limited to the repairing of fences and walls, chaining or
padlocking of gates, the repairing of doors, windows or other openings.
"Trustee" means the person, firm or corporation 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 condition of property in which any building or structure thereon
is not legally occupied.
8 .42.030 Recordation of transfer of loan or deed of trust; assignment of
rents.
Within thirty (30) days of the purchase or transfer of a loan or deed of trust secured by
property located in the City of Rancho Cucamonga, the new beneficiary or trustee shall
record, with the San Bernardino County Recorder's Office, an Assignment of Rents, or
similar document, that lists the name of the corporation or individual, the mailing
address and contact phone number of the new beneficiary or trustee responsible for
receiving payments associated with the loan or deed of trust.
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8.42.040 Registration.
A. Upon default by the trustor, any beneficiary or trustee who holds a deed of
trust on a property located within the City of Rancho Cucamonga shall pertorm an
inspection of the property that is the security for the deed of trust, prior to recording a
Notice of Default with the San Bernardino 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 or trustee shall, within thirty (30) days of the inspection,
register the property with the Building Official or his or her designee on forms provided
by the City.
B. The registration form shall contain the name of the beneficiary or trustee,
whether a corporation or an individual, the direct street or office mailing address of the
beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the
beneficiary or trustee, and in the case of a corporation or out-of-area beneficiary or
trustee, the local property management company responsible for the security,
maintenance and marketing of the property.
C. A registration shall be valid for one (1) year from the date the registration
form is received by the City. Subsequent registrations are due annually for as long as
the property is abandoned.
D. This chapter shall also apply to properties that have been the subject of a
foreclosure sale where the title was retained by the beneficiary of a deed of trust
involved in the foreclosure or transferred under a deed in lieu of foreclosure or sale.
E. Property shall be subject to this chapter's requirements as long as any
such property remains vacant.
F. Any person, firm or corporation that has registered a property under this
chapter must report, in writing, any change of information contained in the registration
within thirty (30) days of the change to the Building Official.
8 .42.050 Maintenance requirements.
A. All vacant properties within the City shall be kept free of weeds, dry brush,
dead vegetation, trash, junk, debris, building materials, any accumulation of papers or
documents, except those required by federal, state or local law, and discarded personal
property, including but not limited to, furniture, equipment, machinery, inoperable
vehicles, clothing, appliances, printed materials or any other items that contribute to the
appearance that the property is abandoned or that constitute evidence of vacancy.
B. All vacant properties shall be maintained free of graffiti, tagging or similar
markings by removing or painting over the graffiti with an exterior grade paint that
matches the color of the exterior of the structure.
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C. Visible front and side yards and setback areas shall be landscaped and
maintained according to the standards and landscape maintenance requirements, set
forth in the Rancho Cucamonga Municipal Code and applicable land use approvals for
the property. Maintenance required for visible front and side yards and setback areas
also includes, but is not limited to, regular watering, cutting, pruning and mowing of
landscape and removal of all yard trimmings.
D. Pools and spas shall be secured in a safe and lawful condition with
approved fences and devices as required by the City's Building Code. Pools and spas
shall be drained and kept dry or kept in working order so that the water remains clear
and free of pollutants and debris.
E. All properties within the City shall be maintained in such a manner so as
not to constitute a public nuisance as described and prohibited in Sections 8.23.050 of
8.23.060 of the Rancho Cucamonga Municipal Code.
F. Nothing in this chapter shall be deemed to excuse any violation of any
other provision of this Code pertaining to maintenance or security of property or
structures.
8 .42.060 Security requirements.
A. All vacant and abandoned properties within the City shall be maintained
and secured in such a manner so as not to be accessible to unauthorized persons.
Sufficient security includes, but is not limited to, the closure and locking of windows,
doors, gates and any other opening of such size that it may allow a child to access the
interior of the property, its buildings or its structures, and when necessary, the
replacement or reglazing of windows.
B. If the property is owned by a corporation or out-of-area beneficiary, trustee
or owner, such out-of-area beneficiary, trustee or owner shall hire a local property
management company or other responsible person to monitor the property for
compliance with this Chapter.
C. The property shall be posted with the name and 24-hour contact phone
number of the local property management company or other responsible .person in a
manner sufficient to allow an individual to contact and notify the local property
management company or other responsible person of any problems or concerns
regarding the property. The posting shall be placed on the interior of a first floor window
facing the street so that it is visible from the street, or secured to the exterior of the
building or structure facing the street to the front of the property so that it is visible from
the street, or otherwise as directed by the Building Official or designee.
8 .42.070 Additional authority.
Ih addition to the enforcement remedies established in this Code or otherwise by
law, the Building Official or his or her designee shall have the authority to require the
beneficiary, trustee, owner, or owner of record of any property subject to this chapter to
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implement additional maintenance or security measures,. including but not limited to,
securing any and all doors, gates, windows or other openings, installing additional
security lighting, increasing on-site inspection frequency, or other measures as may be
reasonably required to prevent the decline of the condition or appearance of the
property.
8.42.080 Enforcement.
A. The City Manager or his or her designee, including but not limited to police
officers, code enforcement officers, or other enforcement officials shall have the
authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.12 of the
Rancho Cucamonga Municipal Code.
C: ----Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies set forth in Chapter 1.12 of the Rancho Cucamonga
Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil,
administrative or criminal remedies available to the City, nor shall it be intended to limit
the City from engaging in efforts to obtain voluntary compliance by means of warnings,
notices, administrative citations or educational programs."
SECTION 2. The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption of this Ordinance, and the
regulations established hereby, may have a significant effect on the environment,
because the Ordinance will impose property maintenance obligations as to vacant and
abandoned properties in the City, and will thereby serve to reduce potential significant
adverse environmental impacts. It is therefore exempt from California Environmental
Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of
Regulations.
SECTION 3. SEVERABILITY. If .any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance.
Please see the /ollowing page
/or lormal atlopt/on, cert!/ICatlon antl signatures
Ordinance No. 810
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PASSED, APPROVED, AND ADOPTED this 18th day of March 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
~~
Donald J. Kurth, Mayor
ATTEST:
Jani . C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced
at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4th
day of March 2009, and was passed at a Regular Meeting of the City Council of the City
of Rancho Cucamonga held on the 18th day of March 2009.
Executed this 19th day of March 2009, at Rancho Cucamonga, California.
Janic .C. Reynolds, City Jerk