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.
"Out-of-area"
means in excess of ten miles from the city limits.
"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)
(a) 
Any beneficiary or trustee who holds a deed of trust on a residential property located within the city of Glendora 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 Los Angeles 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 ten days of the inspection, register the property with the city on forms provided by the city. The beneficiary or trustee shall continue inspections of the property on a weekly basis until title to the property is sold at a trustees sale or until the property is no longer vacant. If the residential property is occupied but remains in default, the property shall be inspected by the beneficiary or trustee or his designee on a monthly basis to determine if the property is legally occupied or vacant. The findings of the monthly inspection shall be reported to the city on forms provided by the city. This inspection requirement shall continue until:
(1) 
The trustor or other party remedies the default; or
(2) 
The property is found to be vacant or show evidence of vacancy, at which time it is deemed abandoned and the trustee shall, within ten days of that inspection, register the property with the code enforcement office on forms provided by the city.
(b) 
Any new owner of residential property located within the city of Glendora that is the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure shall perform an inspection of the property within ten days of the transfer of title. 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, register the property with the code enforcement office on forms provided by the city. The owner of these properties under this subsection shall continue inspections of the property on a weekly basis until the property is legally occupied to ensure that the property remains in compliance with all applicable laws and regulations.
(c) 
Any new owner of residential property located within the city of Glendora wherein title has been transferred under a deed in lieu of foreclosure or trustees sale shall perform an inspection of said property within ten days of the transfer. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the new owner, beneficiary or trustee shall, within ten days of the inspection, register the property with the city on forms provided by the city. The owner of the properties under this subsection shall continue inspections of the property on a weekly basis until the property is legally occupied to ensure that the property remains in compliance with all applicable laws and regulations.
(d) 
The registration required by this chapter shall contain the name of the owner of legal title, beneficiary and trustee, the direct street office mailing address of the owner, beneficiary and trustee, a direct contact name and phone number for the owner, beneficiary and trustee, and, in the case of a corporation, entity, or out-of-area owner, beneficiary and trustee, the local property management company responsible for the security, maintenance, and marketing of the property.
(e) 
A registration fee shall accompany the registration form(s). The registration fee shall be set by resolution of the city council.
(f) 
Any person or legal entity that has registered a property under this chapter shall make a written report to the city of any change in information provided in the registration form within ten days of the change.
(Ord. 1913 § 1, 2008)
(a) 
If both the beneficiary and trustee of a vacant residential property upon which a notice of default has been recorded reside or are located out-of-area, the beneficiary and trustee shall at his, her or its own expense hire a property management company that will be responsible for the inspection, maintenance and security of the property. The property management company shall be licensed to do business in the city. The property management company shall inspections of the property on a weekly basis until the property is legally occupied to ensure that the property remains in compliance with all applicable laws and regulations.
(b) 
If the owner of a vacant residential property located within the city that is the subject of a foreclosure sale resides or is located out-of area, said owner shall retain, at his, her or its own expense, a property management company that will be responsible for the inspection, maintenance and security of the property. The property management company shall be licensed to do business in the city. The property management company shall conduct inspections of the property on a weekly basis until the property is legally occupied to ensure that the property remains in compliance with all applicable laws and regulations.
(c) 
If the new owner of vacant residential property located within the city wherein title has been transferred under a deed in lieu of foreclosure or sale resides or is located out-of-area, said owner shall retain, at his, her or its own expense, a property management company that will be responsible for the inspection, maintenance and security of the property. The property management company shall be licensed to do business in the city. The property management company shall conduct inspections of the property on a weekly basis until the property is legally occupied to ensure that the property remains in compliance with all applicable laws and regulations.
(d) 
Properties for which the retention of a property management company is required under this chapter shall be posted with the name and twenty-four hour contact phone number of the property management company in accordance with the standards established by the city.
(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)