The purpose and intent of this chapter is to establish a property
registration program for residential properties in foreclosure to
protect residential neighborhoods from becoming blighted as a result
of inadequate maintenance and security of abandoned properties.
(Ord. 1913 § 1, 2008)
For the purpose of this chapter, certain words and phrases used
in this chapter are defined as follows:
"Abandoned"
means a real property that is vacant and is under a current
notice of default or notice of trustee's sale, pending tax assessor's
lien sale, a real property that has been subject to a foreclosure
sale where the title in the real property was retained by the beneficiary
of a deed of trust involved in the foreclosure sale and a real property
transferred under a deed in lieu of foreclosure or sale.
"Beneficiary"
means a lender under a note secured by a deed of trust.
"Days"
means consecutive calendar days.
"Deed in lieu of foreclosure or sale"
means a recorded document that transfers ownership of a property
from the trustor to the holder of a deed of trust upon the consent
of the beneficiary of the deed of trust.
"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. This
definition applies to any and all deeds of trust, i.e., second trust
deed, third trust deed, etc., regardless of their relative recording
dates.
"Default"
means the failure to fulfill a contractual obligation, whether
monetary or conditional.
"Evidence of vacancy"
means any condition or conditions present on real property
which 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 mail, past due and disconnect utility notices, accumulation of
trash, junk and debris, the absence of window coverings such as curtains,
blinds and/or shutters, the absence of furnishings and personal items
consistent with residential habitation, and statements based on observations
by neighbors, passersby, delivery agents or government employees that
the property is vacant.
"Foreclosure"
means the process by which a property, placed as security
for a loan, is sold at a sale, trustee's sale, auction or other means
to satisfy the secured debt if the trustor (borrower) defaults.
"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.
"Owner"
means any person, partnership, co-partnership, association,
corporation, fiduciary or any other legal entity having a legal or
equitable title or any interest in any real property.
"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.
"Trustee"
means the person, partnership, co-partnership, association,
corporation, or fiduciary 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 or structure that is not legally occupied.
(Ord. 1913 § 1, 2008)
Within ten days of the purchase or transfer of a note, loan
or deed of trust secured by residential property situated in the city,
a new beneficiary or trustee shall record, with the Los Angeles County
recorder's office, an assignment of rents, or similar document, that
lists the name (whether a corporation, individual or other legal entity),
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. 1913 § 1, 2008)
All properties subject to the requirements of this chapter shall comply at all times with all applicable state and local laws, including without limitation, the provisions of Chapter
9.36, "Abatement of Nuisances—Premises" of the Glendora Municipal Code, the
California Building Code and the California Fire Code.
(Ord. 1913 § 1, 2008)
Every person who violates any provision of this chapter is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Ord. 1913 § 1, 2008)