2009-38 Foreclosed abandoned ordinance ORDINANCE NO. 2009-38
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADDING CHAPTER 5.20 TO THE MENIFEE
MUNICIPAL CODE REQUIRING FORECLOSED RESIDENTIAL
PROPERTY REGISTRATION AND INSPECTION TO ADDRESS
MAINTENANCE AND SECURITY ISSUES WITH SUCH PROPERTIES
AND SUPERSEDING RIVERSIDE COUNTY ORDINANCE NO. 881
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
A. Abandoned buildings are a cause of blight when they are not maintained or
secured and may attract vagrants, gang members and other criminals by providing prime
locations to conduct illegal criminal activities; and
B. Abandoned buildings may be misused by transients and others using the
property without authorization; and
C. Abandoned buildings that are not maintained or secured pose serious threats to
the public's health and safety and therefore are declared to be public nuisances; and
D. In many cases, foreclosed properties are abandoned by the prior owners and the
lender or other entity which acquires the property does not maintain it; and
E. Lenders and others who acquire foreclosed property must be held to the same
standards of property maintenance as other owners within the City to prevent such property
from becoming a public nuisance and a burden to the neighborhood and the City; and
F. The City's experience during the past 18 months confirms a reasonable
presumption that foreclosed residential properties are not maintained during or after the
foreclosure process; and
G. Through the adoption of this Chapter, it is the purpose of the Council to establish
a residential property registration program for foreclosed properties to identify and remedy the
lack of maintenance and security resulting from the abandonment of such properties; and
H. This Chapter must take effect immediately to protect the health, safety and
welfare of the community by putting in place a mechanism to identify and begin to remediate
foreclosed abandoned residences within the City.
SECTION 2. Chapter 5.20 is added to the Menifee Municipal Code to read as follows:
CHAPTER 5.20: FORECLOSED PROPERTY REGISTRATION
Sections:
5.20.010 Purpose and Intent
5.20.020 Definitions
5.20.025 Inspection and Registration requirements
Ordinance No. 2009-38
Distressed Property
5.20.030 Maintenance requirements
5.20.040 Security requirements
5.20.050 Enforcement
5.20.010 Purpose and Intent.
(a) The purpose of this Chapter is to establish a registration program for foreclosed
residential properties to provide contact information for lenders and others acquiring such
property, encourage them to obtain agents to deal with such property, and enforce maintained
and security standards whether such property has been neglected during the foreclosure
process or abandoned.
(b) This Chapter is not intended to and does not impose on foreclosed properties
higher maintenance standards then required of other residential properties within the City.
(c) This Chapter is not intended to change the standards for property maintenance
set out the public nuisance provisions of this Code but to establish a procedure to confirm
compliance for foreclosed properties.
5.20.020 Definitions.
The following words and phrases are defined as follows when used in this Chapter.
(a) "Abandoned" means a vacant residential property where ownership has
transferred as a result of foreclosure and which displays evidence of abandonment.
(b) "Evidence of abandonment' means any condition that alone or combined with
other conditions would lead a reasonable person to believe that the property has been
abandoned and/or is not occupied by authorized persons. Such conditions include, but are not
limited to overgrown and/or dead vegetation; unmaintained pools or spas; an accumulation of
newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; an
accumulation of trash, junk and/or debris; the absence of window coverings such as curtains,
blinds and/or shutters; the absence of furnishings and/or personal items consistent with
residential habitation, statements by neighbors, passersby, delivery agents, or government
employees that the property is vacant and/or has been abandoned; unauthorized utility
hookups; signs of camping or other unauthorized habitation.
(c) "Evidence of neglect' means any condition that alone or combined with other
conditions would lead a reasonable person to see that the property is not maintained to the
same standards as others in the vicinity. Such conditions include, but are not limited to
overgrown or dead vegetation; weeds or unmowed lawns; dirt or trash accumulation,
unmaintained pools or spas; broken windows.
(d) "Foreclosed property" means a residential property within the City where title has
transferred as the result of a foreclosure sale, deed in lieu of foreclosure or similar arrangement.
(e) "Vacant' means a building/structure that is not occupied by authorized persons,
and includes abandoned property.
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5.20.025 Inspection and Registration Requirements.
The purpose of registration is to obtain identification and location of foreclosed
properties, contact information regarding the new owner, information regarding the condition of
the property and inform owners of the maintenance and security standards applicable to such
property.
(a) Registration: By July 1, 2009, and thereafter within 15 calendar days of
acquisition of a foreclosed property (which date at the latest shall be that of recording a deed
evidencing such transfer), the new owner of the property or its agent must inspect the property
as set out in subsection (b) below and thereafter register the property with the City as set out in
this Chapter. The City shall designate a department to administer such registrations.
(b) Inspection; Re-inspection: That owner or its agent shall perform an inspection of
the property to determine whether it meets the maintenance standards in this Chapter and the
City Code as a whole or whether it has been neglected during the foreclosure process and/or
abandoned. In the event the property has not been abandoned, the owner shall re-inspect the
property on a regular basis, but not less than monthly, to determine whether its condition
complies with this Chapter and the requirements of the City Code.
(c) Registration Information: The registration shall contain the following information:
Address and APN for the foreclosed property; name and current contact information for the
owner, including an emergency contact number; name and current contact information for the
owner's agent or local property manager, and an emergency contact number; the date of
acquisition of the property and the status of the property as of the inspection. No address may
be a post office box. Contact information shall be updated within 15 calendar days of any
change to keep it current.
(d) Registration Fee: At the time of initial registration of the property, and annually
thereafter or until the property is sold to a third party, the owner shall pay a registration fee in an
amount established by City Council resolution. The fee and registration shall be valid for the
fiscal year, or remaining portion of the fiscal year, in which the registration was initially required.
Subsequent registrations and fees are due July 1st of each year and must be received no later
than July 31st of the.year due. Late payments will be subject to a penalty determined in the fee
resolution.
(e) Termination of Registration: At such time as the owner of the foreclosed property
sells the property to a third party, the owner shall notify the City in writing of such sale in order to
terminate the registration requirement. Such notice shall include current contact information for
the purchaser.
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5.20.030 Maintenance requirements.
Foreclosed properties shall be maintained to the same standards as apply to similar
properties within the City in order to avoid creation of a public nuisance under this Code i.e.
they shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building
materials, any accumulation of newspapers, circulars, flyers, notices, discarded personal items
including but not limited to furniture, clothing, large and small appliances, or printed material.
These requirements apply regardless of whether the property has been registered or inspected.
(a) The property shall be kept free of graffiti, tagging or similar markings by removal
or painting over with an exterior grade paint that matches the color of the exterior of the
structure.
(b) Visible front and side yards shall be watered as necessary (or as allowed); grass
moved and trimmed, planting trimmed, dead plants, weeds and trimmings removed; without
broken concrete or asphalt or the use of plastic sheeting, indoor-outdoor carpet or similar
material in yards.
(c) All pool and spa areas shall be fenced and secured as required by law. Pools
and spas shall be kept in working order so the water remains clear and free of pollutants and
debris or shall be drained and kept dry and secured.
(d) Adherence to this section does not relieve the property owner of any obligations
set forth in the any covenants, conditions and restrictions and/or homeowners' association rules
and regulations which may apply to the property.
5.20.040 Security requirements.
Foreclosed properties shall be secured in a manner which presents to prevent access by
unauthorized persons including, but not limited to, the following: the closure and locking of
windows, doors (walk-through, sliding and garage), gates and any other opening of such size
that may allow a child to access the interior of the property and/or structure(s). In the case of
broken windows, securing means the re-glazing or boarding of the window. These requirements
apply regardless of whether the property has been inspected or registered. The Community
Development Director or Code Enforcement Officer may require additional security measures.
5.20.050 Enforcement.
This Chapter may be enforced by any means legally available, including but not limited
to administrative citations. Each requirement (inspection, registration, maintenance and
security) may be treated as a separate violation. Failure to maintain the property is subject to
increased fines of $1000/day as provided in the City's Administrative Fine schedule. It shall
constitute a new and separate offense for each and every day during any portion of which a
violation of, or failure to comply with, any provision or requirement of this chapter is committed,
continued, or permitted by any person.
(a) Violation of Section 5.20.030 and 5.20.040 shall constitute a public nuisance
which may be abated pursuant to the provisions of Chapter 11.20.
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SECTION 3. REPEAL OF COUNTY ORDINANCE
This ordinance supersedes County Ordinance No. 881, adopted by the City upon
incorporation.
SECTION 4. EFFECTIVE DATE AND POSTING
This ordinance shall take effect 30 days from the date of its adoption. The City Clerk
shall certify to the passage of this ordinance and cause the same to be posted as required
by law.
PASSED, APPROVED AND ADOPTED this ag 4-1 day of May, 2009, by the
following vote: I_ ,
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NOES:
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Wallace W. Edgerton, Mayor ZLZ:
ATTEST:
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Kathy Bennett, City Clerk
APPROVED AS TO FORM:
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El—izabeW Martyn, City Attorne
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