It is the purpose and intent of the city council through the
adoption of this article, to establish an abandoned and distressed
residential property registration program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack
of adequate maintenance and security of abandoned properties and to
establish uniform and reasonable regulations to prevent immediate
risk and detrimental effects associated with abandoned and distressed
properties.
The city council finds that:
(a)
Abandoned
and distressed residential properties pose risk to the public peace,
health and safety of citizens in that the detrimental effects from
the lack of security and maintenance of abandoned and distressed residential
properties endanger children unprotected from unsecured pools and
other attractive nuisances, lead to neighborhood decline, contribute
to lower property values, discourage potential buyers from purchasing
a home adjacent to or in the neighborhoods with abandoned and distressed
residences, and further endanger neighborhoods affected by the resulting
squatting, vandalism, burglaries and other crimes.
(b)
The
city will incur additional costs in administering and implementing
the abandoned and distressed residential properties registration program
and that it is in the best interests of the public for the city to
recover said costs through imposition of a registration fee.
(Ord. 1402 § 1, 2008)
The following terms and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means a residential property that is vacant and is under
a current notice of default and/or notice of trustee’s sale,
pending tax assessor’s lien sale, or a residential property
that 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 a residential property transferred under a deed in lieu of foreclosure/sale.
means an abandoned property, and any structure or building
on the abandoned property, that is accessible through a compromised,
breached or broken gate, fence, wall, window, door, and similar entry
points and/or is unsecured in such way as to allow access to interior
space by unauthorized person or trespasser.
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.
means a lender under a note secured by a deed of trust. Beneficiary
shall also include lender’s authorized agent, property management
company or property manager.
means any person, partnership, copartnership, association,
corporation, fiduciary or any entity that agrees to transfer anything
of value in consideration for property described in the agreement
of sale, as defined in this article.
means consecutive calendar days.
means an instrument, describing the real property and by
which title to real property is transferred to a third party trustee
as security for repayment of a real property loan or an obligation.
(This type of instrument is used in California instead of mortgage.)
This definition applies to any and all subsequent deeds of trust,
including but not limited to second trust deed, third 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, whether
monetary or conditional.
means a residential property that is occupied by a person(s)
having the right to use or having right of possession of the property
and under a current notice of default and/or notice of trustee’s
sale or pending tax assessor’s lien sale or has been foreclosed
upon by the trustee or has been conveyed to the beneficiary or trustee
via deed in lieu of foreclosure/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, 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, statements, based on observations, by neighbors, passersby,
delivery agents, 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 an auction to satisfy the debt
if the trustor (borrower) defaults.
means and includes, but is not limited to, grass, ground
covers, bushes, shrubs, hedges or similar paintings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Landscape does not include weeds, gravel, broken concrete,
asphalt, decomposed granite, plastics sheeting, mulch, indoor-outdoor
carpet or any similar material.
includes, but is not limited to, regular watering, irrigation,
cutting, pruning, mowing and removal of all trimmings of required
landscape.
means within forty road/driving miles distance of the abandoned
or distressed property.
means those conditions that are present on a simple majority
of properties within a three hundred foot radius of a distressed or
abandoned property. The abandoned or distressed property that is the
subject of a neighborhood standard comparison, or any other abandoned
property within the three hundred 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 forty road/driving miles distance of the
subject property.
means any person, partnership, copartnership, association,
corporation, fiduciary or any other legal entity having a legal or
equitable title or any interest in the property.
means the person, partnership, copartnership, association,
corporation, fiduciary or any other legal entity having recorded title
to real property at any given point in time the record is provided
by the San Mateo County recorder’s office.
means any improved real property, or portion thereof, situated
in the city, designed, built or permitted to be used for dwelling
purposes, specifically including 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 treated with such measures as may be directed by the
fire chief or designee that assist in rendering the abandoned property
inaccessible to unauthorized persons, squatters, trespassers, including,
but not limited to, the closure, locking, pad-locking, chaining, repair
and/or boarding of fence(s), wall(s), gate(s), window(s), door(s)
(walk-through, sliding and/or garage), and/or other openings of such
size that may allow a child access to the interior of the accessible
property. In case of broken windows, secured requires replacement
of the window using a clear material such as glass or plexiglass.
Boarding of doors or other areas 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 additionally require painting the boards with
an exterior grade paint that matches the color of the accessible property.
means the person, partnership, copartnership, association,
corporation, or fiduciary holding a deed of trust on a property. Trustee
shall include any authorized agent, property management company or
property manager of a trustee.
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 legally occupied.
(Ord. 1402 § 1, 2008)
(a)
Inspection
and Registration. Any beneficiary or 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 and prior to recording a notice of default with the
San Mateo County recorder’s office.
(1)
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 ten days of the inspection or the date of vacancy, whichever
is earliest, register the property with the code enforcement division
of the fire department on forms provided by the city.
(2)
If the property is occupied but remains in default, it shall be deemed
distressed, and it shall be inspected by the beneficiary or trustee,
on monthly basis until either (A) the trustor or another party remedies
the default; or (B) it is found to be vacant or shows evidence of
vacancy, at which time it is deemed abandoned, and the trustee shall,
within ten days of that inspection or the date of vacancy, register
the property with the code enforcement department on forms provided
by the city.
(b)
Contents
of Registration. The registration required under this chapter shall
contain: (1) the name of the beneficiary/trustee (copartnership, partnership,
association, fiduciary, corporation, any legal entity or an individual);
(2) the direct street/office mailing address of the beneficiary/trustee,
excluding post office boxes; (3) a direct contact name and phone number
for the beneficiary/trustee; and (4) in the case of a corporation
or out-of-area beneficiary/trustee, the local property management
company responsible for the security, maintenance and marketing of
the property. Any change of the information in the registration required
under this paragraph shall be reported within ten days of the change.
(c)
Registration
Fee. The fee for registering an abandoned residential property shall
be set by resolution of the city council. An annual registration fee
shall accompany the registration form. The abandoned residential properties
registration fee will be used to finance the cost of inspection, administering
and enforcement under this chapter. The fee and registration shall
be valid for the calendar year, or remaining portion of the calendar
year, in which the registration was initially required. Subsequent
registrations are due January 1st of each year and must be received
no later than January 31st of the year due. Properties subject to
this chapter shall remain under the annual registration requirement,
security and maintenance standards of this chapter as long as the
properties remain vacant.
(d)
Out-of-area
Trustee/Beneficiary. An out-of-area beneficiary or trustee shall retain
a local management property, which shall inspect the property as required
by this chapter to determine whether the abandoned property is in
compliance with the requirements of this chapter.
(e)
If
any beneficiary or trustee fails to register the residential property,
as required by this article, the city may register the residential
property and impose the annual registration fee. Notice shall be served
either personally or by first class mail as follows: (1) to beneficiary
or trustee, prior to completion of foreclosure or deed in lieu of
foreclosure/sale transaction or (2) to owner or owner of record after
completion of foreclosure or deed in lieu of foreclosure sale transaction,
as the address appears on the last equalized assessment roll or as
known to the code enforcement department. The notice shall provide
the amount due for the registration fee, shall state that the property
has not been registered as required by this chapter and shall constitute
enrollment in the city’s abandoned residences registration program.
The city may collect any unpaid registration fee by use of any method
authorized by law.
(Ord. 1402 § 1, 2008)
Abandoned property shall be maintained in a manner comparable
to the neighborhood standard. At minimum:
(a)
Abandoned
property shall be maintained so as to be kept free of evidence of
vacancy;
(b)
Abandoned
property shall be maintained free of weeds, dry brush, dead vegetation,
trash, junk, debris and excessive foliage growth that diminishes the
value of surrounding properties;
(c)
Abandoned
property shall be maintained free of mosquito larvae from growing
in standing water;
(d)
Abandoned
property shall be maintained free of any 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,
printed material or any other items that give appearance that the
property is abandoned;
(e)
Abandoned property shall be maintained 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, following a notice from the city pursuant to Section 8.54.100 of this chapter or California Civil Code Section 2929.3, whichever appropriate;
(f)
Pools
and spas shall either (1) be kept in working order so the water remains
clear and free of pollutants and debris; or (2) 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;
(g)
All
plumbing fixture traps in an abandoned property shall be filled with
vegetable oil to prevent sewer gases from entering;
(h)
All
doorways, windows and other openings into abandoned property shall
be secured from public access. Abandoned property may not be boarded
up or have broken windows or broken windows secured with wood or other
materials which are left in a state of partial construction.
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Adherence to this section does not relieve the beneficiary/trustee
or owner of any obligations set forth in any local, state or federal
laws or any covenants, conditions and restrictions and/or homeowners’
association rules and regulations which may apply to the property.
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(Ord. 1402 § 1, 2008)
Any abandoned property shall be secured, as defined in this
chapter. In addition, the abandoned property shall be secured in a
manner that would prevent trespassers, squatters or unauthorized persons
from entering and/or remaining on the property.
(Ord. 1402 § 1, 2008)
Any abandoned property shall be posted with the name and twenty-four
hour contact phone number of the trustee/beneficiary or a local property
management company that must be retained by an out-of-area beneficiary/trustee.
The posting shall be no less than eighteen inches by twenty-four inches
and shall be of a font that is legible from a distance of forty-five
feet and shall contain along with the name and twenty-four hour contact
number the words “This Property 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 the
abandoned 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; 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.
(Ord. 1402 § 1, 2008)
Pursuant to the city’s police powers authorized in Article
XI, Section 7 of the California Constitution, as well as under the
South San Francisco Municipal Code and other provisions of California
law, including, but not limited to, California Government Code Section
38771, the city council hereby declares that violation of this article,
including but not limited to the maintenance and security requirements
of this article, shall constitute a public nuisance.
(Ord. 1402 § 1, 2008)
In addition to any other remedies authorized by this code and/or
any other enforcement remedies permitted under the law, the code enforcement
department shall have the authority to require the beneficiary/trustee/owner
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measures including
but not limited to securing any and all door(s), window(s) or other
openings, installing additional security lighting, increasing on-site
inspection frequency, employment of an on-site security guard or other
measures as may be reasonably required to arrest the decline of the
property.
(Ord. 1402 § 1, 2008)
Pursuant to California Civil Code Section 2929.3, the city may
impose a civil penalty in the amount not to exceed one thousand dollars
per day for failure to maintain and secure the abandoned property,
as required by this chapter, subject to the following requirements:
(a)
Notice.
Prior to imposing a civil penalty pursuant to this section, the city
shall first give notice of the violations of the maintenance and security
requirements of this chapter. The notice shall include a description
of the conditions that gave rise to the violation(s), advise the owner
of city’s intent to assess a civil fine if an action to correct
the violation(s) is not commenced within a period of not less than
fourteen days and completed within a period of not less than thirty
days. The notice shall be mailed to the address provided in the deed
of trust or other instrument specified in California Government Code
Section 27321.5(a), or if none, to the return address provided on
the deed or other instrument.
(b)
The
city shall impose the civil penalty pursuant to this section if actions
necessary to address the violation(s) at the abandoned property are
not commenced within a period of not less than fourteen days and completed
within a period of not less than thirty days, from the date of mailing
of the notice required by this section. The civil penalty imposed
by this section shall stay in effect until January 1, 2013, the expiration
date of Section 2929.3 of California Civil Code, unless extended by
the state legislature.
(Ord. 1402 § 1, 2008)
Violations of this article shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Article III and Article IV of this chapter.
(Ord. 1402 § 1, 2008)
In addition to Article IV of this chapter, violations of this article may by enforced in any combination as permitted by any other enforcement and legal remedies available to the city under the law. However, in no event shall the city impose a civil fine pursuant to other sections of this chapter together with administrative citations or fines authorized by this article.
(Ord. 1402 § 1, 2008)
Any person aggrieved by any of the requirements of this article shall have an opportunity to present all relevant evidence, objections or protests, insofar as such opportunity is permitted under Sections 8.54.100 through 8.54.120 of this chapter. Any person aggrieved by the imposition of a civil penalty pursuant to this chapter, may appeal the penalty pursuant to Sections 8.54.100 through 8.54.120.
(Ord. 1402 § 1, 2008)
