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