HomeMy Public PortalAboutOrdinance 11-9491
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CITY OF TEMPLE CITY
ORDINANCE NO. 11 -949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING ARTICLE I
( "ABANDONED AND VACANT PROPERTY REGISTRATION, MAINTENANCE, AND SECURITY
REQUIREMENTS ") TO CHAPTER 2 ( "NUISANCES ") OF TITLE 4 ( "LAW ENFORCEMENT ") OF THE
TEMPLE CITY MUNICIPAL CODE
WHEREAS, Section VII of Article XI of the California Constitution provides that a city may make
and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict
with general laws; and
WHEREAS, California Government Code section 38771 provides that legislative bodies of cities
may declare what constitutes a nuisance; and,
WHEREAS, California Government Code section 38772 et seq. further provides that legislative
bodies of cities may also provide for the summary abatement of any nuisance at the expense of the
persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of
abatement of nuisances a lien against the property on which the nuisance is maintained and a personal
obligation against the property owner; and,
WHEREAS, the City of Temple City has determined that the presence of vacant, abandoned
properties and buildings have detrimental effects upon the health, safety, and welfare of the City's
residents, businesses, visitors, and the general public, including, but not limited to, creating an attractive
public nuisance; contributing to lower property values; creation of hazards resulting from mosquito,
vermin, and vector; contributing to increased criminal activities; discouraging potential buyers from
purchasing property or conducting business activities adjacent to or within the vicinity of vacant,
abandoned real property; and,
WHEREAS, many vacant, abandoned properties and buildings are the responsibility of out -of-
area or out -of -state lenders and trustees, who, in many instances, fail to adequately maintain and secure
these vacant residences; and,
WHEREAS, the Legislature of the State of California, in adopting section 2929.3 of the California
Civil Code (requiring owners of vacant residential property acquired at a foreclosure sale or by
foreclosure under a mortgage or deed of trust to adequately maintain the property and to abate any
violations thereat) specifically provided that said section does not preempt any local ordinance; and,
WHEREAS, the City Council of the City of Temple City has an obligation to take action to
preserve the health, safety, and welfare of its residents, businesses, and the general public.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2 ( "Nuisances ") of Title 4 ( "Law Enforcement ") of the Temple City
Municipal Code is hereby amended by adding Article I ( "Vacant and Abandoned Property, Registration,
and Security Requirements ") to read as follows:
ARTICLE I
VACANT AND ABANDONED PROPERTY
REGISTRATION, MAINTENANCE, AND SECURITY REQUIREMENTS
4290 Purpose and Scope
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It is the purpose and intent of the City Council, through the adoption of this Chapter, 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.
4291 Definitions
As used in this Article, the following definitions shall apply and, for purposes of this Chapter, shall
supersede any other definitions of the same terms in this Code.
Abandoned shall mean real property that is vacant and that meets any of the following
conditions:
1. Is under a current Notice of Default.
2. Is under a current Notice of Trustee's Sale.
3. Is pending a tax assessor's lien sale.
4. 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.
5. Has been transferred under a deed in lieu of foreclosure.
Accessible property shall mean 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 shall mean 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 shall mean 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 shall mean an instrument that transfers the beneficial interest under a deed
of trust from one lender or entity to another.
Beneficial interest shall mean the interest held in a deed of trust by a beneficiary.
Beneficiary shall the person of 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 shall mean the City of Temple City.
Code shall mean the Temple City Municipal Code and all laws and regulations incorporated
therein, as well as all uncodified and adopted ordinances.
Deed in lieu of foreclosurelsale shall mean a deed to real property accepted by a
lender /beneficiary from a defaulting trustor /borrower to avoid
Deed of trust shall mean 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).
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Default shall mean the failure to fulfill a contractual obligation, monetary or otherwise, under a
promissory note and /or deed of trust.
Distressed property shall mean a property that meets any of the following conditions:
1. Is under a current Notice of Default that has been recorded with the Los Angeles
County Recorder's Office.
2. Is under a current notice of trustee's sale that has been recorded with the Los Angeles
County Recorder's Office.
3. Is pending a tax assessor's lien sale.
4. 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.
5. Has been transferred under a deed in lieu of foreclosure.
Evidence of vacancy shall mean 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, flyers, 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 shall mean 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 shall mean within forty (40) driving miles distance of the subject property.
Notice of Default shall mean 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 shall mean 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 shall mean not within forty (40) driving miles distance of the subject property.
Owner shall mean 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 shall mean 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,
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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 shall mean 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 shall mean 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, lien holder, 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 shall mean a document executed by a beneficiary that replaces a
trustee under a Deed of Trust with another.
Trustee shall mean 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 shall mean a borrower under a deed of trust, who deeds property to a trustee as security
for the payment of a debt.
Vacant shall mean real property and any building or structure thereon that is not legally occupied,
or that otherwise shows evidence of vacancy.
4292 Recordation of Transfer of Loan /Deed of Trust.
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.
4293 Registration; Fees
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
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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 time -table for the lawful re- occupancy 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.
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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 re- register the real property with the City on City- approved forms within
ten (10) calendar days of the transfer. Re- registration forms shall contain, at a minimum, all of the
information required by Section 4293(D). A re- registration fee as set by Council resolution shall
accompany the re- registration 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
Homeowner's Association rules and regulations or with any other provision of this Code.
4294 Inspection and Registration of Previously Abandoned Property
Any beneficiary and trustee who holds a deed of trust on real property located with 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 the Ordinance establishing this Article as part of the Code,
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 4293.
4294 Property Maintenance Requirements
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, flyers, 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 vector, 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 an cover thereon; and,
F. Accessible property or accessible structures not secured as required by this Code.
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4295 Security Requirements
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 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 Chapter
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.
4296 Local Property Management Service Provider Required
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 (10th) 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
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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.
4297 Additional Requirements; Appeal
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
Title 4, Chapter 2, Article C of this Code.
4298 Re- occupancy of Abandoned or Vacant Property; Certificate of Code Compliance.
No person shall cause, permit, or suffer the re- occupancy of any real property (or building or
structure thereon) that has been subject to registration pursuant to this Article in excess of 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 onsite inspection of the real property (including all
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.
4299 Violations and Penalties
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
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remedies and penalties authorized by this Code, or by the laws of the State of California or of the United
States.
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Article is
declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision
shall 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.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk,
or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance
to be posted as required by law.
PASSED, APPROVED, AND ADOPTED this 6th day of December 2011.
MAYOR
ATTEST:
►� ga4Lk
City Clerk
I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 11 -949 was introduced
at the regular meeting of the City Council of the City of Temple City held on the 15th day of November 2011,
and was duly passed, approved and adopted by said Council at the regular meeting held on the 6th day of
December 2011 by the following vote:
AYES: Councilmember -Blum, Sternquist, Vizcarra, Yu, Chavez
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
inq
City Clerk
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