It is the intent of the City Council, through the adoption of
this chapter, to establish a mechanism to protect residential neighborhoods
from becoming blighted through the lack of maintenance and security
of abandoned properties; to establish an abandoned property registration
program and to set forth guidelines for the maintenance of abandoned
properties.
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Certain words and phrases in this chapter are defined, when
used herein, as follows:
Abandoned.
Any residential building, structure or real property that
is vacant or shows evidence of vacancy, and (1) is subject to a current
notice of default and/or notice of trustee's sale, pending tax assessors
lien sale and/or (2) is the subject of a foreclosure sale resulting
in the acquisition of title by an interested beneficiary of a deed
of trust, and/or (3) was conveyed to the current owner under a deed
in lieu of foreclosure/sale.
Abatement Order.
A "notice of violation and order to abate" issued pursuant to Section
8.16.030 and/or a hearing officer's "order to abate" issued pursuant to Section
8.16.110.
Accessible Property.
Real property that is accessible to the public, either, in
general or through an open and unsecured door, window, gate fence,
wall, etc.
Accessible Structure.
A building or structure that is not secured or is open in
such a way as to allow public or unauthorized access to the interior.
Agreement.
Any written instrument that transfers or conveys title to
residential real property from one owner to another after a sale,
trade, transfer or exchange.
Beneficiary.
A lender participating in a real property transaction that
holds a secured interest in the real property in question identified
in a deed of trust.
Buyer.
Any person, partnership, association, corporation, fiduciary
or other legal entity that agrees to transfer anything of value in
consideration for real property via an agreement.
Dangerous Building.
Any building or structure reasonably deemed by authorized City staff to represent a violation of any provision specified in the Claremont Municipal Code Chapter
15.05.
Deed of Trust.
An instrument whereby an owner of real property, as trustor,
transfers a secured interest in the real property in question to a
third party trustee, as security for a loan issued in the context
of a real property transaction. This definition applies to any and
all subordinate deeds of trust; i.e., 2nd trust deed, 3rd trust deed,
etc.
Deed in Lieu of Foreclosure.
A recorded instrument that transfers ownership of property
from the trustor to the holder of a deed of trust upon consent of
the beneficiary of the deed of trust.
Default.
The material breach of, or failure to fulfill, a legal or
contractual duty arising from or relating to a deed of trust.
Distressed.
Any building, structure or real property that is subject
to a current notice of default and/or notice of trustee's sale, pending
tax assessors lien sale and/or any real property conveyed via a foreclosure
sale resulting in the acquisition of title by an interested beneficiary
of a deed of trust, and/or any real property conveyed via a deed in
lieu of foreclosure/sale, regardless of vacancy.
Enforcement Official.
The City Manager, the Building Official, and/or any employee
or agent of the City of Claremont designated and/or charged with enforcing
this Code, including but not limited to applicable codes adopted by
reference therein.
Evidence of Vacancy.
Any real property condition that independently, or in the
context of the totality of circumstances relevant to that real property
would lead a reasonable enforcement official to believe that a property
is vacant or occupied by a person without a legal right of occupancy.
Such real property conditions include but are not limited to: overgrown
or dead vegetation; accumulation of newspapers, circulars, flyers
or mail; past due utility notices or disconnected utilities; accumulation
of trash, junk or debris; the absence of window coverings such as
curtains, blinds or shutters; the absence of furnishings or personal
items consistent with residential habitation; and/or statements by
neighbors, passersby, delivery agents, government employees that the
property is vacant.
Foreclosure.
The process by which real property subject to a deed of trust
is sold to satisfy the debt of a defaulting trustor, i.e., borrower.
Local.
Within 40 driving miles of the subject building, structure
or real property.
Neighborhood Standard.
The condition of real property that prevails in and through
the neighborhood where an abandoned building, structure or real property
is located. When determining the neighborhood standard no abandoned
or distressed building, structure or real property shall be considered.
Notice of Default.
A recorded instrument that reflects and provides notice that
a default has taken place with respect to a deed of trust, and that
a beneficiary intends to proceed with a trustee's sale.
Notice of Trustee's Sale.
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 for the unpaid debt on
the deed of trust secured by the property.
Out of Area.
In excess of 40 road or driving miles of the subject building,
structure or real property.
Owner.
Any person, partnership, association, corporation, fiduciary
or other legal entity having a legal or equitable title or any interest
in real property.
Owner of Record.
Any person shown as the owner of land on the last equalized
assessment roll produced by the Los Angeles County Recorders Office.
Property.
Any unimproved or improved real property designed or permitted
to be used for residential or dwelling purposes, or portion thereof,
including but not limited to building or structures located on said
real property, regardless of condition.
Residential Building.
Any improved real property, or portion thereof, designed
or permitted to be used for dwelling purposes, including buildings
and structures located on such improved real property. This includes
any real property being offered under any circumstances for sale,
trade, transfer, or exchange as "residential," whether or not said
property is legally permitted and zoned for such use.
Secure.
Such measures as may be directed by an enforcement official
that assist in rendering real property inaccessible to unauthorized
persons, including but not limited to repairing fences and walls,
chaining/pad locking gates, the repairing or boarding of doors, windows
or other openings. Such measures shall be implemented in conformance
with all applicable standards of the United States Department of Housing
and Urban Development.
Tax Assessor's Lien Sale.
The sale, conducted by the Assessor of Los Angeles County
of tax liens for delinquent taxes on the property.
Trustee.
Any person, partnership, association, corporation, fiduciary
or other legal entity holding a deed of trust securing an interest
in real property for the benefit of the beneficiary.
Trustor.
Any owner/borrower identified in a deed of trust, who transfers
an interest in real property to a trustee as security for payment
of a debt by that owner/borrower.
Vacancy.
Any building, structure or real property that is unoccupied
or occupied by a person without a legal right of occupancy.
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Within 10 days of a property transaction involving a change
in the identity of an owner or the owner of record, or alternatively
a transfer/assignment of a loan or deed of trust secured by residential
property, each beneficiary and trustee engaged in said transaction
or transfer/assignment shall record, with the Los Angeles County Recorder's
Office, an instrument evidencing such transaction, transfer or assignment.
This instrument shall reflect the identity, mailing address and telephone
number of the trustee and beneficiary responsible for receiving payments
associated with the loan or deed of trust in question. This duty/obligation
shall be joint and several among and between all trustees and beneficiaries
and their respective agents.
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It is declared a public nuisance for any person, partnership,
association, corporation, fiduciary or other legal entity, that owns,
leases, occupies, controls or manages any abandoned property to cause,
permit, or maintain any property condition contrary to any provision
of this chapter. The following maintenance standards shall apply to
any abandoned property.
A. Any abandoned property shall be maintained in compliance with the requirements of this chapter and Chapter
8.16.
B. Abandoned
property shall be kept free of weeds, dry brush, dead vegetation,
excessive foliage growth, trash, junk, debris, building materials,
any accumulation of newspaper, circular 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 the appearance
that the property is abandoned.
C. Abandoned
property shall be maintained free of graffiti, tagging or similar
marking. Any removal or painting over of graffiti shall be with an
exterior grade paint that matches the color of the exterior of the
structure.
D. Visible front and side yards shall be landscaped and maintained to the neighborhood standard. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation and standards listed in the Claremont Municipal Code Section
16.130.030. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.
E. Pools
and spas shall be kept in working order so that water remains clear
and free of pollutants, mosquito larvae, and debris, or alternatively
shall be drained and kept dry. In either case, properties with pools
and/or spas must comply with the minimum security fencing requirements
set forth in Title 15.
F. Adherence
to this section does not relieve the beneficiary/trustee or property
owner of obligations set forth in any covenants conditions and restrictions
and/or home owners association rules and regulations which may apply
to the property.
An enforcement official may allow exceptions to the maintenance
standards set forth in this section for abandoned property, that is
under construction and/or repair, that is diligently pursued for at
least three business days per week, and is undertaken in compliance
with all applicable laws including but not limited to City permitting
requirements.
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In addition to the enforcement remedies established in this
chapter, the City shall have the authority to require the beneficiary,
trustee, owner 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 doors, windows
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 secure and reduce
the visual decline of the property.
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The fee for registering and re-registering an abandoned property
shall be set, from time to time, by resolution of the City Council.
The amount of the fee charges shall not exceed the cost of administering
the provisions of this chapter.
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Any person aggrieved by any of the requirements of this chapter may appeal a determination made hereunder in the manner specified with respect to appeals under Section
8.16.210 of this Code.
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The duties/obligations specified in this chapter shall be joint
and several among and between all trustees and beneficiaries and their
respective agents.
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