The city council finds, determines and declares that:
A.
The
presence of vacant, abandoned residences can lead to neighborhood
decline; and
B.
The
presence of vacant, abandoned residences can create an attractive
public nuisance; and
C.
The
presence of vacant, abandoned residences can contribute to lower property
values; and
D.
The
presence of vacant, abandoned residences can discourage potential
buyers from purchasing a home adjacent to or in neighborhoods with
vacant abandoned residences; and
E.
In many
instances, the lenders and trustees fail to adequately maintain and
secure these vacant residences; and
F.
It is
the intent of the city council of the city of Temecula, in enacting
this chapter, to protect the public health, safety and welfare of
the city and its citizens by protecting its residential neighborhoods
from decline and depreciation.
G.
It is
the purpose and intent of the city council of the city of Temecula
through the adoption of this chapter, to establish an abandoned residential
property registration program as a mechanism to protect residential
neighborhoods from becoming blighted due to the lack of adequate maintenance
and the lack of security of abandoned properties.
(Ord. 08-04 § 1)
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
means a condition in which a property is: (1) vacant; or
(2) distressed.
means a property that is accessible through a compromised
or breached gate, fence, wall, or entrance.
means a structure or a building that is unsecured or breached
in such a way as to allow access to the interior space by unauthorized
persons.
means any agreement or written instrument which provides
that title to residential property shall be transferred or conveyed
from one owner to another owner after the sale, trade, transfer or
exchange of said property.
means an instrument that transfers the beneficial interest
under a deed of trust from one lender or entity to another.
means a lender party of a note secured by a deed of trust.
means any person or entity who agrees to transfer anything
of value in consideration for property described in an agreement for
sale of said property.
mean consecutive calendar days.
means an instrument by which title to real estate is transferred
to a third party trustee as security for a real estate loan. In the
state of California, the term "deed of trust" is used instead of the
term "mortgage." This definition applies to any and all subsequent
deeds of trust (i.e., 2nd trust deed, 3rd trust deed, etc.).
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 the failure to fulfill a contractual obligation, monetary
or conditional.
means a condition in which a property: (1) is in receipt
of a current notice of default or notice of trustee's sale; (2) is
the subject of a pending tax assessor's lien sale; (3) is 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) is transferred
under a deed in lieu of foreclosure or sale.
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. Such conditions include, but are not limited to, conditions violating Section 8.12.020 of the Temecula Municipal Code, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, or the like, 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 defaults.
means within eighty miles of the subject property.
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 eighty miles of the subject property.
means any person or entity having a legal or equitable title
or any interest in any real property.
means the person currently having record title to the property
at the Riverside County recorder's office.
means any unimproved or improved residential real property,
or portion thereof, situated in the city and includes the buildings
or structures located on the real property regardless of condition.
means any improved real property, or portion thereof, situated
in the city, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchange as "residential" whether or not it is
legally permitted or zoned for such use.
means such measures as may be directed by the director of
building and safety or his or her designee that render the property
inaccessible to unauthorized persons, including but not limited to
the repairing of fences and walls, chaining or padlocking of gates,
the repairing of doors, windows or other openings.
means the person, firm or corporation 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 condition in which a building or structure is not
legally occupied.
(Ord. 08-04 § 1)
Within thirty days of the purchase or transfer of a loan or
deed of trust secured by residential property located in the city
of Temecula, the new beneficiary or trustee shall record, with the
Riverside County recorder's office, an assignment of rents, or similar
document, that lists the name of the corporation or individual, the
mailing address and contact phone number of the new beneficiary or
trustee responsible for receiving payments associated with the loan
or deed of trust.
(Ord. 08-04 § 1)
A.
Upon
default by the trustor, any beneficiary or trustee who holds a deed
of trust on a property located within the city of Temecula shall perform
an inspection of the property that is the security for the deed of
trust, prior to recording a notice of default with the Riverside 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 or trustee shall, within thirty days of the inspection,
register the property with the director of building and safety or
his or her designee on forms provided by the city.
B.
The
registration form shall contain the name of the beneficiary or trustee,
whether a corporation or an individual, the direct street or office
mailing address of the beneficiary or trustee (no P.O. boxes), a direct
contact name and phone number for the beneficiary or trustee, and
in the case of a corporation or out-of-area beneficiary or trustee,
the local property management company responsible for the security,
maintenance and marketing of the property.
C.
A registration
shall be valid for one year from the date the registration form is
received by the city. Subsequent registrations are due annually for
as long as the property is abandoned.
D.
This
chapter shall also apply to properties that have 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 transferred under
a deed in lieu of foreclosure or sale.
E.
Properties
shall be subject to this chapter's requirements as long as such properties
remain vacant.
F.
Any
person, firm or corporation that has registered a property under this
chapter must report, in writing, any change of information contained
in the registration within thirty days of the change to the director
of building and safety.
(Ord. 08-04 § 1)
A.
All
properties within the city shall be kept free of weeds, dry brush,
dead vegetation, trash, junk, debris, building materials, any accumulation
of papers or documents, except those required by federal, state or
local law, and discarded personal items, including but not limited
to, furniture, clothing, appliances, printed materials or any other
items that contribute to the appearance that the property is abandoned.
B.
All
properties within the city shall be maintained free of graffiti, tagging
or similar markings by removing or painting over the graffiti with
an exterior grade paint that matches the color of the exterior of
the structure.
C.
Visible
front and side yards shall be landscaped and maintained according
to the standards set forth in the Temecula Municipal Code and applicable
land use approvals for the property in question. Maintenance required
for visible front and side yards also includes, but is not limited
to, regular watering, cutting, pruning and mowing of landscape and
removal of all yard trimmings.
D.
Pools
and spas shall be secured with approved fences and devices as required
by the California Building Code. Pools and spas shall be drained and
kept dry or kept in working order so that the water remains clear
and free of pollutants and debris.
(Ord. 08-04 § 1)
A.
All
properties within the city shall be maintained and secured in such
a manner so as not to be accessible to unauthorized persons. Sufficient
security includes, but is not limited to, the closure and locking
of windows, doors, gates and any other opening of such size that it
may allow a child to access the interior of the property, its buildings
or its structures, and when necessary, the replacement or reglazing
of windows.
B.
If the
property is owned by a corporation or out-of-area beneficiary, trustee
or owner, such out-of-area beneficiary, trustee or owner shall hire
a local property management company to manage the property.
C.
The
property shall include a posting with the name and twenty-four-hour
contact phone number of the local property management company in a
manner sufficient to allow an individual to contact and notify the
local property management company of any problems or concerns regarding
the property. The posting shall be placed on the interior of a first
floor window facing the street to the front of the property so that
it is visible from the street, or secured to the exterior of the building
or structure facing the street to the front of the property so that
it is visible from the street.
(Ord. 08-04 § 1)
In addition to the enforcement remedies established in Chapters 1.20, 1.21 and 1.24, the director of building and safety or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this section to implement additional maintenance or security measures, including but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the property.
(Ord. 08-04 § 1)
A.
The
city manager or his or her designee, including but not limited to
police officers, code enforcement officers, or other enforcement officials
shall have the authority to enforce the provisions of this chapter.
B.
Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code.
D.
Nothing
in this chapter shall be intended to limit any of the civil or criminal
remedies available to the city, nor shall it be intended to limit
the city from engaging in efforts to obtain voluntary compliance by
means of warnings, notices, administrative citations or educational
programs.
(Ord. 08-04 § 1)
Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under Chapter 1.21.
(Ord. 08-04 § 1)
