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HomeMy Public PortalAboutOrd. 1610ORDINANCE NO. 1610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SUBSECTIONS 3 -32 TO CHAPTER 3 OF THE LYNWOOD MUNICIPAL CODE REQUIRING THE REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES WHEREAS, the presence of vacant, abandoned real property leads to unauthorized entry, occupation of and destruction of real property, creating an immediate danger to public health and safety; and WHEREAS, the presence of vacant, abandoned real property can lead to decline in the neighborhood, creates a public nuisance, lower property values, and discourages potential buyers from purchasing a home adjacent to or in neighborhoods with vacant, abandoned residences: and WHEREAS, many vacant, abandoned real properties are the responsibility of out of area or out of state lenders or trustees, and it is the responsibility of entities holding equitable title or other interest in property to prevent such property from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare; and WHEREAS, the City has the intent of protecting its residential neighborhoods and other areas within the City from decline and devaluation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That a new subsection 3 -32 is added to Chapter 3 of the Lynwood Municipal Code to read as follows: 3 -32 REGISTRATION AND MANITENANCE OF ABANDONED PROPERTIES. 3 -32.1 Purpose and Intent 3 -32.2 Definitions 3 -32.3 Registrations 3 -32.4 Maintenance Requirements 3 -32.5 Security Requirements 3 -32.6 Additional Authority 3 -32.7 Enforcement 3 -32.1 Purpose and Intent The purpose and intent of this Chapter is to establish an abandoned real property registration program as a mechanism to: 1) Protect the community from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties; and 2) Help eliminate the danger to persons and property created by vacant properties which are not properly secured and maintained. 3 -32.1 Definitions For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and 1) is under a current notice of default and /or notice of trustee's sale; 2) is the subject of a pending tax assessor's lien sale; 3) 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; or 4) has been transferred under a deed in lieu of foreclosure /sale. "Accessible" means a property that is accessible through a compromised /breached gate, fence, wall or similar condition or a structure/ building that is unsecured and /or breached in such a way as to allow access to the interior space by unauthorized persons. "Beneficiary" means a lender or holder of a note secured by a deed of trust. "Beneficiary/Trustee" means both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this chapter, both are responsible for performing such act and may be charged with a violation of this Code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, then both must provide such information. "Days" means consecutive calendar days "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 and often used in California instead of a mortgage. This definition applies to any and all subsequent needs of trust i.e. second trust deed or third trust deed. "Deed in lieu of foreclosure /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. "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 and not occupied by authorized persons. Such conditions include, but are not 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 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 and statements by neighbors, passerby, delivery agents, or government employees 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 (borrower) defaults. "Local" means within forty (40) road /driving miles distance of the subject property. "Neighborhood standards" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the simple majority. "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 forty (40) road /driving miles distance of the subject property. Owner" see "Responsible Person ". "Property" means any unimproved or improved real property, or portion thereof, situated in the City and includes the buildings or structures located on the property regardless of condition. "Responsible person" means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including, but not limited to, trustees and beneficiaries of a deed of trust on the property and other lien holder on the property. "Securing" or "Secure" means such measures as may be directed by the Director of Development Services, or his or her designee, that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining /padlocking of gates, and the repair, replacement or boarding of doors, windows and /or other openings. Boarding shall be completed pursuant to the requirements set forth in subsection 3 -35.1 of this chapter. "Trustee" means the person, partnership, firm, corporation or other entity 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 building /structure that is not occupied by authorized persons. 3 -32.3 Registration A. Any beneficiary/trustee, who hold holds a deed of trust on a property located within the City of Lynwood shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of default with the Los Angeles 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/trustee shall, within ten (10) days of the inspection, register the property with the Director of Development Services, or his or her designee, on forms provided by the City. B. Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Lynwood, and which property on the effective date of this chapter: 1. is under a current notice of default; 2. is under a current notice of trustee's sale; 3. is the subject of a pending tax assessor's lien sale; 4. has been, within eighteen (18) months preceding the effective date of this ordinance, the subject of a foreclosure where the title was retained by the beneficiary of the deed of trust involved in the foreclosure; or 5. was, within eighteen (18) months preceding the effective date of this ordinance, transferred under a deed in lieu of foreclosure /sale; Shall, on or before twenty (20) days following the effective date of this chapter, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the Director of Development Services or his or her designee, on forms provided by the City. C. If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or an agent/designee of the beneficiary/trustee, monthly until 1) the trustor or other party remedies the default; or 2) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee; or 3) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the beneficiary/trustee shall, within ten (10) days of that inspection, register the property with the Director of Development Services, or his or her designee, on forms provided by the City. D. The beneficiary/trustee shall also register any property that becomes vacant after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property, which becomes vacant after, being transferred under a deed in lieu of foreclosure /sale. E. Each registration shall contain the following information for both the beneficiary and trustee: name (corporation or individual); the street/office address (not a post office box) and, if different, the mailing address; a direct contact name (corporation or individual); a direct contact name and phone number for the person handling the deed of trust; and /or foreclosure; and, in the case of a corporation or out of area beneficiary or trustee, the local property manager /management company responsible for the security and maintenance of the property. F. The annual registration fee, established by City Council resolution, shall accompany the registration form. The fee and registration shall be valid for one calendar year following the date on which registration is initially due to the City. Subsequent registrations and fees are required and due each year thereafter on the anniversary of the due date of the initial registration, until such time as the property is transferred or becomes legally occupied. G. Pursuant to the registration of the property within the City of Lynwood, the beneficiary/trustee shall inspect the property and obtain a presale inspection verifying that the property is in habitable condition and that all work has a permit with "final' signatures. If it is found that the dwelling has illegal modifications, the beneficiary/trustee shall schedule an inspection and, if applicable, cause the correct of any and all violations. H. Persons or entities required to register properties pursuant to this chapter shall keep such properties registered and all required information updated and comply with all the security and maintenance requirements of this chapter for the entire time such properties remain vacant. When such properties become occupied or title is transferred, the beneficiary/trustee or responsible person shall immediately so notify the Director of Development Services, or his or her designee in writing. I.When properties required to be registered become occupied or title is transferred, the prior beneficiary, trustee and /or owner shall notify the Director of Development Services, or his or her designee, in writing within ten (10) days of the occupancy or transfer. J. Any person, partnership, firm, corporation or other entity required to register a property pursuant to this chapter shall report any change of information contained in the registration within ten (10) days of the change. 3 -32.4 Maintenance Requirements The Director of Development Services or his /her designee may order that specific measures be taken to prevent buildings and /or properties from becoming from becoming a public nuisance. A.Responsible persons, including beneficiaries /trustees, shall maintain properties subject to inspection and /or registration pursuant to this chapter, and any other applicable provisions of federal, state or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash, junk, debris building materials, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to prevent giving the appearance that the property is abandoned, including but not limited to the following: 1. 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. 2. Visible front and side yards shall be landscaped and maintained in accordance with city requirements and neighborhood standards. 3. Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings designed for residential installation. 4. Permitted landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, indoor - outdoor carpet or any similar material. 5. Required maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. 6. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or 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. B. If the building is severely damaged, dilapidated or partially demolished as to prevent the ability to safely board the building, the property may be fenced. If site conditions 2) Framing material shall be nominal 2 inch by 4 inch solid sawn lumber. 3) Fasteners shall be a 3/8 inch diameter carriage or lag bolts of such a length as required to penetrate the assembly to appropriately secure the wood panel. 4) Vent holes shall be cut into the structural wood panels and screened. 5) Structural wood panels shall be painted a neutral color. d) Fencing materials: 1) Fencing shall consist of a metal chain link fence 6 feet in height. The fence shall be installed to withstand a 50 pound lateral force applied to the top of the fence. 2) The fence shall completely encircle the property and not be directly attached to the structure as to provide a climbable surface for accessing the structures upper floor or roof. 3) A permit shall be required for a fence in all zoning districts. 3 -32.5 Security Requirements Responsible persons, including beneficiaries /trustees shall secure properties subject to inspection and /or registration pursuant to this chapter, in a manner 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 it may allow a child or any other person 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. No windows shall remain boarded for longer than thirty (30) days. Prior to the expiration of thirty (30) days, the boarded windows shall be replaced. Responsible persons shall further do the following: A. If the responsible person is a corporation and /or out of area beneficiary/trustee /owner, that responsible person shall retain a local property manager to perform weekly inspections to verify that the requirements of this chapter, and any other applicable laws, are being met. B. The property shall be posted with name and 24 -hour contact phone number of the local property manager. The posting shall be not less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain along with the name and 24 -hour contact number the words "THIS PROPERTY IS MANAGED BY " and 'TO REPORT PROBLEMS OR CONCERNS CALL The posting shall be placed on the interior of a window facing the street to the front of prohibit the ability to secure a property by fencing, the building may need to be demolished. 1. The following requirements shall be followed when securing a building and boarding the doors and windows: a) Windows: 1) Structural wood panels shall be cut to fit the window opening neatly or shall be cut to provide an equal overlap at the perimeter of the window. 2) Windows shall be opened to allow a carriage bolt to pass through the window or the window glazing shall be removed and stored. The 2 inch by 4 inch boarding framing material shall be cut 8 inches wider than the opening and shall be placed on the inside of the window opening approximately 6 inches from the top and bottom of the window opening. The framing and boarding shall be installed and secured. 3) Vent holes shall be cut into the structural wood panels and screened. b) Doors: 1) Structural wood panels shall be cut to fit the door neatly and shall be cut to provide an equal overlap at the perimeter of the door. 2) The entry door structural wood panel shall be fitted to the door casing with a minimum 1/8 inch clearance on all sides. The structural wood panel shall be double hinged from the inside with a hasp and padlock for securing. The installation shall be such that all exposed bolts cannot be removed. The installation shall be non - interfering with the building door and should open and close freely from other obstructions. Any floors above the first story that are rendered inaccessible need to be secured. All work shall be done in a neat and workman like fashion. c) Boarding materials: 1) Sheet material shall be '/2 inch nominal structural wood panels (plywood or OSB) except that one entry door into the building shall be provided with a 3/< inch nominal structural wood panel. the 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 or, if no such area exists, 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 but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. C. The responsible persons or the local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. 3 -32.6 Additional Authority In addition to the enforcement remedies established herein, the Director of Development Services or his or her designee, shall have the authority to require any responsible person of any property affected by this chapter to implement additional maintenance and /or security measures including, but not limited to, securing any or all doors, windows or other openings, installing additional security lighting, increasing on- site inspection frequency, employment of an on -site security guard, disconnecting utilities and removing meter boxes, or any other measures as may be reasonably calculated to arrest the decline of the property, prevent unauthorized entry and /or ensure maintenance of the property in accordance with this code. 3 -32.7 Enforcement A.Violations /Penalties. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, partnership, association, firm, corporation, fiduciary or other entity, that violates any provision or requirement of this chapter shall be guilty of a misdemeanor and subject to prosecution, and subject to enforcement pursuant to any other provision of the Lynwood Municipal Code or applicable law, as appropriate. Violators of this chapter may be issued administrative citations and be liable for administrative fines as prescribed in Subsection 20 -3 of the Lynwood Municipal Code. It shall constitute a new and separate offense for each day 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, partnership, association, firm, corporation, fiduciary or other entity. Penalties shall not be subject to appeal. B. Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two -year period for abatement of a public nuisance, the court may order the owner to pay triple the costs of abatement. C. Pursuant to California Government Code Sections 38773 and 38773.5, all expenses incurred by the City in connection with any action to abate a public nuisance shall be charged to and become an indebtedness to the owner of such structure or premises, and the City may place a lien or special assessment upon the affected property pursuant to Section 3 -12.20 of the Lynwood Municipal Code. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall take effect thirty (30) days after its final passage. SECTION 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the 7th day of April, 2009 and adopted and ordered published at a regular meeting of said Council held on the 21St day of April, 2009. ATTEST: Maria L. Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Maria T. Santillan, Mayor Roger C Hale'rCity Manager APPROVED AS TO CONTENT: Jo�ixathan Colin, Director Development Services Department STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 21st day of April, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: ABSTAIN: ABSENT: Ma —riiaa /Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1610 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 21st day of April, 2009. Maria Quinonez, City Clerk