This Article shall be known as the "Vacant Property Registration
Ordinance" and may be so cited.
(Ord. 10-17 11-30-10)
It is the purpose and intent of the Inglewood City Council,
through the adoption of this Article, to establish an abandoned and/or
vacant property registration program as a mechanism to protect residential
neighborhoods and commercial areas from becoming blighted through
the lack of adequate maintenance and/or security of abandoned and
vacant properties.
(Ord. 10-17 11-30-10)
For the purposes of this Article, the following words shall
have the meanings indicated in this Section:
means real property that is vacant and meets any of the following
conditions: (a) is under a current notice of default; (b) is under
a current notice of trustee's sale; (c) is pending a tax assessor's
lien sale; (d) 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 (e) has been transferred under a deed in lieu
of foreclosure.
means any property that is accessible through a gate, fence,
wall, or other barrier that is broken, unlocked, unsecured, or otherwise
missing or lacking.
means a building or structure (as defined by the Building
Code) that is unsecured in any manner that could allow access to the
interior of the building or structure by unauthorized persons.
means any agreement or written instrument which provides
that title to real property shall be transferred or conveyed from
one owner to another in any manner (whether by sale, gift, exchange,
transfer, partition, assignation, placement in a trust, or any other
method).
means an instrument that transfers the beneficial interest
under a deed of trust from one lender or entity to another.
means a lender or holder of a note secured by a deed of trust.
means the City of Inglewood.
means an instrument by which an interest in title to real
estate is transferred to a third party trustee as security for a real
estate loan (and often used in California instead of a mortgage).
This definition applies to any and all subsequent deeds of trust (e.g.,
second deed of trust, third deed of trust).
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 property that meets any of the following conditions:
(a) is under a current notice of default; (b) is under a current notice
of trustee's sale; (c) is pending a tax assessor's lien sale; (d)
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 (e) has been transferred under a deed in lieu of foreclosure.
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 shall include, but shall not
be 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 other debris; the absence
of window coverings such as curtains, blinds, and/or shutters; the
absence of furnishings and/or personal items and/or commercial furnishings
consistent with the permitted residential or commercial uses permitted
within the zone of the real property; statements by neighbors, passersby,
delivery agents, government employees that the property is vacant.
means the process by which real property is sold at auction
to satisfy a debt.
means within fifteen driving miles distance of the subject
property.
means a recorded notice that a default has occurred under
deed of trust and that the beneficiary intends to proceed with a trustee's
sale and/or other foreclosure proceeding.
means not within fifteen driving miles distance of the subject
property.
means any person having legal or equitable title or any interest
in any real property.
means the person having title to the property at any given
point in time as recorded with the Los Angeles County Recorder's Office.
means and includes any individual, partnership of any kind,
corporation, limited liability company, association, joint venture
or other organization, however formed, as well as trustees, heirs,
executors, administrators, or assigns, or any combination of such
persons. "Person" also includes any public entity or agency that acts
as an owner in the City.
means property that is not real property, and includes, without
limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
means any improved or unimproved real property owned by any
person and/or any building, structure, or other improvement thereon,
or any portions thereof.
means any person that has title to or control over real property.
"Responsible party" includes, but is not limited to, owners, owners
of record, beneficiaries, lien holders, trustees, servicing companies,
real estate agents, and property management companies, as well as
any person acting on behalf of another responsible party.
means and includes such measures as may be directed by City
Administrator (or designee thereof) that assist in rendering real
property inaccessible to unauthorized persons, including, but not
limited to, the repair of fences, walls, and other barriers, chaining
or pad locking of gates, and/or the repair or boarding of doors, windows,
and/or other openings. The boarding of any window, door, or other
opening 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 be consistent
with the requirements of this Article.
means the person holding a deed of trust on real property.
means a borrower under a deed of trust, who deeds property
to a trustee as security for the payment of a debt.
means real property and any building or structure thereon
that is not legally occupied.
(Ord. 10-17 11-30-10)
Within ten calendar days following the purchase or transfer
of a loan or deed of trust secured by real property, the new beneficiary
and trustee shall record with the Los Angeles County Recorder's Office
an assignment of rents or similar document that lists the name of
the person purchasing or acquiring the loan or deed of trust and the
mailing address and contact number of the new beneficiary and trustee
responsible for receiving payment associated with the loan or deed
of trust. This requirement shall not apply to the sale or transfer
of a property when such sale or transfer does not include the sale
or transfer of any loan or deed of trust associated with such property.
(Ord. 10-17 11-30-10)
(1)
Any
beneficiary and trustee who hold a deed of trust on real property
located within the City of Inglewood shall, prior to recording a notice
of default, perform an inspection of said real property. If the property
is found to be abandoned or shows evidence of vacancy (as these terms
are defined by this Article), the beneficiary and trustee shall register
the real property with the City, on City-approved forms, within ten
calendar days of the inspection.
(2)
If
the property is occupied at the time of the initial inspection but
remains in default, it shall be inspected by the beneficiary and trustee
every subsequent calendar month until: (a) the trustor or other party
remedies the default; or (b) the foreclosure is completed and ownership
is transferred to a new owner who is not the former beneficiary or
trustee; or (c) the real property is found to be vacant or shows signs
of vacancy, at which time the beneficiary and trustee shall register
the real property with the City within ten calendar days of said inspection.
(3)
The
beneficiary and trustee shall register with the City any real property
which becomes vacant or shows evidence of vacancy after a foreclosure
where the title was transferred to the beneficiary of a deed of trust
involved in the foreclosure and any property which becomes vacant
or shows evidence of vacancy after being transferred under a deed
in lieu of foreclosure/sale. Registration shall be filed on City-approved
forms within ten calendar days of the inspection demonstrating the
vacancy or the evidence of vacancy.
(4)
The
registration forms shall contain data deemed necessary by the City
Administrator (or designee thereof). At a minimum, the following information
is required:
(a)
Name and street/office address (not a P.O. box) and, if different,
the mailing address of the beneficiary and trustee;
(b)
A direct contact name and telephone number for the person handling
the deed of trust and/or foreclosure;
(c)
The name, street address, telephone and facsimile number of a local
property management company responsible for the security, maintenance,
and marketing of the real property;
(d)
A statement of intent which provides the following information:
(5)
The
registration (including the statement of intent) and accompanying
fee shall be valid for the calendar year, or remaining portion of
the calendar year, in which the registration was initially required.
The registration fee shall not be prorated. Subsequent registrations
and fees shall be due January 1st of each year and must be received
by the City no later than January 31st of the year due.
(6)
The
registration forms shall be accompanied by an annual registration
fee. The registration fee is due and payable upon registration; and
no later than thirty days after real property becomes abandoned, distressed
and/or vacant; or no later than thirty days after being notified by
the City of Inglewood of the requirement to register. The registration
fee for abandoned, distressed and/or vacant lots shall be:
(7)
The
registration fees as set forth in this Article are to be delivered,
by mail or in person, to the Finance Department, City of Inglewood,
One Manchester Blvd, P.O. Box 6500, Inglewood, CA 90301. A late charge
of ten percent per month or any part hereof, will be assessed on any
invoice which is unpaid after thirty days from the date of the demand
for payment or an invoice. A twenty-five dollar ($25.00) processing
fee will be charged for each check returned by the bank due to insufficient
funds or other reason. A replacement payment must be made in cash,
money order, bank or certified check, and must include the twenty-five
dollar ($25.00) fee and any applicable late charges. Invoices and
any additional fees that remain unpaid will be added to the property
owner's tax bill, and will include an additional penalty of $200.
(8)
The
City may revise the registration fee by resolution.
(9)
The
City Administrator or designee may waive the annual vacant lot or
building fee where the owner has agreed to maintain the lot in a park
like setting without any structure or building with a decorative iron
wrought fence installed in the front setback of the property. In order
to obtain the waiver, the City Administrator or designee must approve
a landscape design plan submitted by the owner.
(10)
Persons
required to register real property pursuant to this Article shall
keep such property registered and shall comply with all security and
maintenance requirements of this Article and the whole of the Inglewood
Municipal Code for the entire time such property remains vacant or
shows evidence of vacancy. Persons required to register real property
pursuant to this Article shall also report any change of information
contained in the registration within ten calendar days of the change.
(11)
When
real property subject to registration pursuant to this Article becomes
occupied or title is transferred to another responsible party, the
beneficiary and trustee or prior responsible party shall notify the
City Administrator (or designee thereof) in writing within ten calendar
days of the property's occupancy or the transfer of title.
(12)
In such instance where title to an abandoned or vacant real property has been transferred to another responsible party, the responsible party shall re-register the real property with the City on City-approved forms within ten calendar days of the transfer. Re-registration forms shall contain, at a minimum, all of the information required by subsection (4). A re-registration fee as set by Council resolution shall accompany the re-registration form.
(Ord. 10-17 11-30-10)
Any beneficiary and trustee who holds a deed of trust on real
property located within the City of Inglewood, which property is distressed
(as defined by this Article) on the effective date of the ordinance
codified in this Article, shall, on or before January 1, 2011, perform
an inspection of the real property that is the security of the deed
of trust. If the real property is found to be vacant or shows evidence
of vacancy, the beneficiary and trustee shall register the real property
with the City, on City-approved forms, within ten calendar days of
the inspection.
(Ord. 10-17 11-30-10)
Real property subject to the registration requirements of this
Article shall be maintained in a neat, clean, and healthful condition
at all times. The following conditions shall be explicitly prohibited:
(1)
Buildings
or structures with graffiti, tagging, or other markings that have
not been completely removed or painted over with a color matching
the exterior of the remaining portion of the building or structure;
(2)
Accumulations
of lumber, junk, trash, debris, construction material, household furniture,
appliances, clothing, or discarded, unused, or abandoned personal
property on exterior portions of the real property;
(3)
Accumulations
of newspapers, circulars, flyers, notices, or other printed material
that give the appearance that the property is vacant (except those
required by Federal, State, or local law);
(4)
Vegetation
which is overgrown, dead, decaying, or otherwise that is not adequately
trimmed, pruned, cut, fertilized, watered, or replaced;
(5)
Swimming
pools, spas, or other bodies of water that are not maintained in such
a manner as to be free and clear of pollutants or debris, or that
are maintained in such a manner as to be likely to harbor mosquitoes,
insects, or vector, including, but not limited to, water that is clouded
or green, water containing bacterial growth, algae, insect larvae,
insect remains, or animal remains; or swimming pools that are not
secured and/or maintained in accordance with the Inglewood Municipal
Code;
(6)
Accessible
property or accessible structures not secured as required by the Inglewood
Municipal Code.
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Nothing contained within this Article relieves a responsible
party from complying with any other obligation set forth in any applicable
"Covenants, Conditions, and Restrictions" and/or Homeowners' Association
rules and regulations, or with any other provisions of the Inglewood
Municipal Code.
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(Ord. 10-17 11-30-10)
(1)
Real
properties that are subject to registration pursuant to this Article
(and buildings or structures thereon) shall be secured within seventy-two
hours of becoming abandoned, vacant, or showing evidence of vacancy,
in a manner to prevent access by unauthorized persons, including,
but not limited to, the closure, locking, and/or boarding of windows,
doors, gates, or other openings of such a size that it may allow a
child to access the interior of the real property and/or buildings
or structures located thereon (including garage structures or detached
accessory structures).
(a)
No window, door, or other opening shall be boarded without prior
written approval of the City Administrator (or designee thereof) and
when such approval has been granted, the boarding of any window, door,
or other opening 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
be consistent with the requirements of this Article.
(i)
The factors that shall be considered in determining whether the boarding
of windows, doors, or other openings include, but are not limited
to:
(A)
Whether the window, door, or other opening is visible to the public
vantage,
(B)
The difficulty of adequately securing the window, door, or other
opening in another manner so as to prevent unauthorized entry,
(C)
The length of time the real property has been abandoned or vacant,
and
(D)
The length of time the real property is expected to remain abandoned
or vacant (as indicated in any statement of intent on file with the
City).
(2)
Responsible
parties for any real property subject to registration pursuant to
this Article shall submit a "letter of agency" (or other similarly
entitled authorization) to the Inglewood Police Department every thirty
calendar days and post "No Trespassing" signs as required and approved
by the City so that the Inglewood Police Department is authorized
to remove and/or arrest all unauthorized persons from the property.
(Ord. 10-17 11-30-10)
(1)
Responsible
parties for any property subject to registration pursuant to this
Article shall retain the services of a local property management company
that shall be responsible for the security, maintenance, and marketing
of the real property. The retention of a local property management
company shall not relieve other responsible parties of their obligations,
duties, or responsibilities. Responsible parties shall provide in
writing the name and telephone number of the local property management
company to adjoining neighbors in case of emergency or other issues
that arise in connection with the subject property.
(2)
Responsible
parties shall cause the on-site inspection of any real property subject
to registration pursuant to this Article to be inspected on a weekly
basis and shall submit a written inspection report to the City Administrator
(or designee thereof) on or before the tenth day of each calendar
month for which the real property remains vacant.
The written report shall consist of, at a minimum: (a) the address
of the real property being inspected; (b) the dates of inspection;
(c) a description of any unlawful conditions observed; and (d) the
actions taken or proposed to be taken by the responsible party to
abate the unlawful conditions.
(3)
Responsible
parties shall cause the abatement of any unlawful condition existing
on real property subject to registration pursuant to this Article
within forty-eight hours of observing or of being notified of the
unlawful condition. Nothing in this Article relieves any responsible
party of the need to obtain approvals, permits, and/or licenses as
otherwise required by the Inglewood Municipal Code.
(Ord. 10-17 11-30-10)
(1)
In
addition to the specific maintenance and security requirements provided
in this Article, the City Administrator, the Police Chief, and/or
the Fire Chief (or designees thereof) shall have the authority to
require responsible parties for real property subject to registration
pursuant to this Article to implement additional maintenance and security
measures in order to effectuate the purpose of this Article, including,
but not limited to, the installation of security lighting, increasing
the frequency of on-site inspections, employment of an on-site security
guard, and/or posting of additional signage at the subject property.
(2)
In
accordance with the requirements, procedures, and provisions of Article
11.4 of Chapter 11 of the Inglewood Municipal Code, any responsible
party may request an administrative hearing before an Administrative
Hearing Officer appointed by the City Administrator in order to challenge
or appeal the imposition of any additional maintenance and/or security
requirements pursuant to this Section. Notwithstanding the provisions
of Article 11.4 of Chapter 11 of the Inglewood Municipal Code, nothing
contained within this Article authorizes a hearing or appeal to the
Planning Commission or the City Council, and the decision of the Hearing
Officer (or designee thereof) following a timely appeal shall be final
and binding.
(Ord. 10-17 11-30-10)
(1)
Any
violation of this Article shall be treated as a strict liability offense;
a violation shall be deemed to have occurred regardless of a violator's
intent.
(2)
Each
person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this Article, or of any
law or regulation referenced herein, is allowed, committed, continued,
maintained or permitted by such person, and shall be punishable accordingly.
(3)
Any
person, partnership, association, corporation, fiduciary or other
legal entity, that owns, leases, occupies, controls or manages any
vacant and/or abandoned property and causes, permits, or maintains
a violation of the Article as to that property, shall be guilty of
a misdemeanor, and upon conviction thereof, may be punished as provided
in Article 2 of Chapter 1 of the Inglewood Municipal Code and is also
subject to administrative citations in accordance with Article 11.4
of Chapter 11 of the Inglewood Municipal Code.
(a)
Any responsible party that allows a structure to remain vacant and/or
abandoned, and does not meet any of the exceptions set forth in subsection
(3)(b), for more than thirty consecutive calendar days is subject
to a thirty-day notice of abandoned and/or vacant structure penalty
of $1,000 per structure per day, not to exceed $100,000 per property
per calendar year. The notice of abandoned and/or vacant structure
penalty shall include a description of the conditions that gave rise
to the penalty and notice of the City's intent to assess an administrative
penalty pursuant to this subsection if action to correct the violation
is not commenced within a period of not less than fourteen days from
the date the notice is mailed and completed within a period of not
less than thirty days from the date the notice is mailed.
(b)
A responsible party shall not be liable for the abandoned and/or
vacant structure penalty of $1,000 per structure per day if:
(i)
The statement of intent has been filed and approved by the City;
and
(iii)
One of the following applies:
(A)
The structure is the subject of an active building permit for
repair, rehabilitation or demolition and the owner is proceeding diligently
in good faith to complete the repair, rehabilitation or demolition,
or
(B)
The structure is maintained in compliance with this Article
and is actively being offered for sale, lease or rent, or
(C)
The responsible party can demonstrate that he or she made a
diligent and good faith effort to implement the actions set forth
in the approved statement of intent within the time line contained
within the statement of intent.
(c)
A separate thirty-day notice of abandoned and/or vacant structure
penalty shall be issued for each subsequent penalty that may be imposed
pursuant to this Article.
(4)
This
Article does not exclusively regulate the use, maintenance, and security
of real and/or personal property within the City, and the remedies
provided in this Article are in addition to other remedies and penalties
authorized by the Inglewood Municipal Code, or by the laws of the
State of California or of the United States.
(5)
The
City shall provide an owner who wishes to contest any administrative
fines imposed pursuant to this Section a hearing and opportunity to
be heard in accordance with the procedures for Administrative Citations
contained in Article 11.4 of Chapter 11 of the Inglewood Municipal
Code.
(Ord. 10-17 11-30-10)
The duties and/or obligations specified in this Article shall
be joint and several among and between all trustees and beneficiaries
and their respective agents.
(Ord. 10-17 11-30-10)
If any section, subsection, paragraph, sentence, clause or phrase
of this Article is declared by a court of competent jurisdiction to
be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining portions of this Article. The
City Council declares that it would have adopted this Article, and
each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections,
phrases, or portions be declared invalid or unconstitutional.
(Ord. 10-17 11-30-10)
