It is the purpose and intent of the Garden Grove City Council,
through the adoption of this chapter, to establish an abandoned real
property registration program as a mechanism (1) to protect the community
from becoming blighted through the lack of adequate maintenance and
security of abandoned and vacated properties; and (2) to help eliminate
the danger to persons and property created by vacant properties that
are not properly secured and maintained.
(2737 § 1, 2008; 2802 § 1, 2011)
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
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.
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.
means a lender or holder of a note secured by a deed of trust.
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.
means consecutive calendar days.
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.
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 deeds of trust; i.e., second trust deed
or third trust deed.
means the failure to fulfill a contractual obligation, monetary,
or conditional.
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, passersby, delivery agents, or government employees
that the property is vacant.
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.
means within 40 road/driving miles distance of the subject
property.
means those conditions that are present on a simple majority
of properties within a 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 300-foot radius, shall
not be counted toward the simple majority.
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.
means in excess of 40 road/driving miles distance of the
subject 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.
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 any other lien holder on the
property.
means such measures as may be directed by the Police Chief
or his or her designee, or the City Manager 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 to a minimum of the current HUD securing standards at
the time the boarding is completed or required.
means the person, partnership, firm, corporation, or other
entity holding a deed of trust on a property.
means a borrower under a deed of trust, who deeds property
to a trustee as security for the payment of a debt.
means a building/structure that is not occupied by authorized
persons.
(2737 § 1, 2008; 2802 § 1, 2011)
A.
Any
beneficiary/trustee who holds a deed of trust on a property located
within the City 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 Orange County Recorder's
Office. This inspection shall be to determine whether the property
is vacant. 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 10 days of the inspection, register the property
with the Police Chief 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, 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 18 months preceding the effective
date of the ordinance codified in this chapter, 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 18 months preceding
the effective date of said ordinance, transferred under a deed in
lieu of foreclosure/sale, shall, on or before 20 days following the
effective date of this chapter, perform an inspection of the property
that is the security for the deed of trust to determine whether the
property is vacant. 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 10 days of the inspection, register
the property with the Police Chief 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 to determine whether the property is vacant 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 10 days of that inspection,
register the property with the Police Chief 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 that 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.
Inspections
conducted pursuant to this chapter are intended only for the purposes
set forth in this chapter and not for purposes of triggering disclosure
obligations to potential real property purchasers. Such obligations
are set forth in and controlled pursuant to state law.
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.
I.
When
properties required to be registered become occupied or title is transferred,
the prior beneficiary, trustee, responsible person, and/or owner shall
notify the Police Chief or his or her designee in writing within 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 10 days of the
change.
(2737 § 1, 2008; 2802 § 1, 2011)
Responsible persons, including beneficiaries/trustees, shall maintain properties subject to registration pursuant to this chapter as required by Chapter 9.24 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:
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 landscaped and maintained in accordance
with City requirements and neighborhood standards.
C.
Permitted
landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges, or similar plantings designed for residential
installation.
D.
Permitted
landscaping does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, indoor-outdoor carpet, or any
similar material.
E.
Required
maintenance includes, but is not limited to, regular watering, irrigation,
cutting, pruning, and mowing of required landscape and removal of
all trimmings.
F.
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.
(2737 § 1, 2008; 2802 § 1, 2011)
Responsible persons, including beneficiaries/trustees, shall
secure properties subject to 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 30 days. Prior to
the expiration of 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 no 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 a
24-hour contact number, the words ''THIS PROPERTY MANAGED BY [insert
name]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert local telephone
number]." The posting shall be placed on the interior of a window
facing the street to the front of 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.
(2737 § 1, 2008; 2802 § 1, 2011)
In addition to the enforcement remedies established in Chapter 9.32, the Police Chief or his or her designee or the City Manager, or his or her designee, shall have the authority to require any responsible person of any abandoned property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any/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.
(2737 § 1, 2008; 2802 § 1, 2011)
The fee for registering and re-registering an abandoned property
shall be set, from time to time, by City Council resolution.
(2737 § 1, 2008; 2802 § 1, 2011)
Violations of this chapter constitute a public nuisance, and may by enforced in any combination as allowed in Title 9, Chapter 32, Section 210, and/or any other provision of this Code or applicable law.
(2737 § 1, 2008; 2802 § 1, 2011)
A.
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 pursuant to Title 1, Chapter 4, subject to enforcement pursuant to Title 9, Chapter 32, Section 210, and/or subject to enforcement pursuant to any other provision of this Code or applicable law, as appropriate. Violators of this chapter may be issued administrative citations and be liable for administrative fines in accordance with Title 1, Chapter 22. 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, partnership, association, firm corporation, fiduciary, or other entity.
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 treble
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, as provided in Section 9.32.180 of this Code. Any attorney's fees expended in any action to abate a public nuisance may be recovered by the prevailing party in actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees.
(2737 § 1, 2008; 2802 § 1, 2011)
