It is the purpose and intent of the Santee City Council, through
the adoption of the ordinance codified in this chapter, to establish
an abandoned residential property registration program as a mechanism
to protect residential neighborhoods from becoming blighted through
the lack of adequate maintenance and security of abandoned residential
properties.
(Ord. 564 § 3, 2019)
For the purposes of this chapter, certain words and phrases
are defined as follows:
means any residential property in the City that is vacant
or shows evidence of vacancy and: (1) is under a current notice of
default and/or notice of trustee's sale, pending tax assessor's
lien sale; and/or (2) was the subject of a foreclosure sale where
the title was retained by the beneficiary or trustee of a deed of
trust involved in the foreclosure who is the current owner of the
property; and/or (3) was transferred to the current owner under a
deed in lieu of foreclosure/sale.
means an instrument that transfers the beneficial interest
under a deed of trust from one lender/entity to another.
means a lender under a note secured by a deed of trust.
means any building structure that is in violation of any condition referenced in Santee Municipal Code Chapter 11.04.
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, used
in California instead of a mortgage. This definition applies to any
and all subsequent deeds of trust (i.e., second trust deed, third
trust deed, etc.).
means the failure to fulfill a contractual obligation, monetary
or conditional.
means any condition that on its own or combined with other
conditions present leads any person authorized to enforce this code,
in his or her reasonable discretion, or would lead any other 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 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 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 a document prepared and recorded by the trustee that
sets forth the day, date and time of the trustee's sale, describes
the property to be sold, and gives an estimate of the unpaid debt
on the deed of trust secured by the property.
means in excess of 40 road/driving miles distance of the
subject property.
means any person, co-partnership, association, corporation,
or fiduciary having legal or equitable title or any interest in any
real property subject to this chapter.
means the person having recorded title to a parcel of property
at the time the record is provided by the San Diego County Recorder's
office.
means any improved real property, or portion thereof, situated
in the City, designed or permitted to be used for dwelling purposes,
and includes 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 and/or zoned for such use.
means the sale, conducted by the assessor of the County in
which real property is located, of tax liens for delinquent taxes
on the property.
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 building/structure that is not legally occupied.
(Ord. 564 § 3, 2019)
Within 10 days after the purchase and/or transfer of a loan
or deed of trust secured by residential property in the City, the
new beneficiary or trustee must record, with the office of the Recorder
of San Diego County, an assignment of rents, or similar document that
lists the name (whether a corporation, individual, or other entity),
the mailing address, and the contact phone number of the new beneficiary
or trustee responsible for receiving payments associated with the
loan or deed of trust.
(Ord. 564 § 3, 2019)
A.
If
a property that is the security for a deed of trust in default is
not abandoned, but the deed of trust remains in default, the beneficiary
or trustee must inspect the property monthly until: (1) the trustor
or other party remedies the default; or (2) the property is found
to be abandoned, at which time the beneficiary or trustee must, within
10 days of that inspection, register the property with the Director
on forms provided by the City.
B.
The
registration form must contain the name of the owner, beneficiary
or trustee (whether a corporation, individual, or other entity), the
direct street/office mailing address of the owner, beneficiary, or
trustee (no P.O. boxes), and a direct contact name and phone number
for the owner, beneficiary, or trustee or its designee. If the owner,
beneficiary or trustee is a corporation or is located out of area,
the registration must also identify the local property management
company responsible for the security, maintenance and/or marketing
of the property.
C.
The
registration fee must accompany the registration form. The fee and
registration will be valid for the calendar year, or remaining portion
of the calendar year, in which the registration was initially required.
Registration fees will not be prorated. The beneficiary or trustee
must register an abandoned residential property annually for so long
as the property continues to be abandoned and the registered owner,
beneficiary or trustee either: (1) continues to hold a deed of trust
which is secured by the property and remains in default; or (2) is
the owner of record of such property. Subsequent registrations and
fees are due January 1st of each year and must be received no later
than January 31st of the year due.
D.
Any
corporation, individual, or other entity that has registered a property
under this chapter must report any change of information contained
in the registration within 10 days of the change.
(Ord. 564 § 3, 2019)
The beneficiary or trustee of a registered abandoned residential
property must maintain the property as follows:
A.
Any
condition causing the property to constitute a dangerous building
must be immediately remedied.
B.
Excessive
trash accumulation and/or accumulation of materials constituting a
fire hazard must be cleared from the property.
C.
The
property must 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.
D.
Visible
front and side yards must be mowed or otherwise maintained to the
satisfaction of the Director.
E.
Pools
and spas must be kept in working order so the water remains clear
and free of pollutants and debris, or must be drained and kept dry.
(Ord. 564 § 3, 2019)
The beneficiary or trustee of a registered abandoned residential
property must secure the property as follows:
A.
All
windows, doors (walk-through, sliding and garage) gates and any other
opening of such size that it may allow a child to access the interior
of the property and or structure(s) must be secured so as to prevent
access by any unauthorized person. In the case of broken windows,
securing means the re-glazing or boarding of the window.
B.
Pools
and spas must be fenced or otherwise secured to prevent access or
use by any unauthorized person.
C.
The
property must be posted with name and 24-hour contact phone number
of the local property management company. The posting must be visible
from the centerline of the street on which the property is located,
or a distance of 45 feet, whichever is less, and must contain the
words "THIS PROPERTY MANAGED BY" and "TO REPORT
PROBLEMS OR CONCERNS CALL."
(Ord. 564 § 3, 2019)
The owner, trustee, beneficiary or local property management
company must inspect the property on a monthly basis, or more frequently
if required by the Director, to ensure that the property is in compliance
with the requirements of this chapter.
(Ord. 564 § 3, 2019)
The Director is authorized but not required to require the beneficiary/trustee/owner
and/or owner of record of any registered abandoned residential property
to implement additional maintenance and/or security measures, including,
but not limited to: securing any/all door, window 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
and prevent the maintenance of an attractive nuisance. In addition,
nothing in this chapter prevents the application of provisions of
the Santee Municipal Code, including, but not limited to, chapter
providing for the abatement of nuisances by the City at the expense
of the owner, trustee, or beneficiary.
(Ord. 564 § 3, 2019)
The annual fee for registering an abandoned residential property
is the amount established by resolution of the City Council.
(Ord. 564 § 3, 2019)
Violations of this chapter may be enforced in any means provided in Title 1.
(Ord. 564 § 3, 2019)
Any person aggrieved by any of the requirements of this chapter may file a written appeal with the City Manager pursuant to Chapter 1.14.
(Ord. 564 § 3, 2019)
Violations of this chapter are strict liability offenses regardless
of intent. Any person, firm, or corporation that violates any portion
of this section may be subject to prosecution or administrative enforcement.
(Ord. 564 § 3, 2019)
