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.
Administrative Penalty Payment Due Date.
The date that is the 10th day after the issuance of an abatement order, a notice of violation issued pursuant to Section 8.16.030 or a final order by the City Council pursuant to Section 8.16.210, if any.
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.
Days.
Calendar days.
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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A. 
Each beneficiary and trustee, who holds a deed of trust on a property located within the City of Claremont, shall perform an inspection of the property that is security for the deed of trust upon default by the trustor prior to recording a Notice of Default or similar instrument with the Los Angeles County Recorders Office.
B. 
If such inspection shows that the property is abandoned, the owner, beneficiary or trustee shall, within 10 days of the inspection register the property with the City's Community Improvement Office on forms provided by the City.
C. 
If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until:
1. 
The trustor or another party remedies the default; or
2. 
The property is found to be vacant or shows evidence of vacancy, deemed abandoned and registered subject to subsection B of this section.
D. 
The registration required pursuant to subsection B of this section shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.
E. 
The registration pursuant to subsection B of this section shall be renewed annually.
F. 
This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure.
G. 
Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant and/or abandoned.
H. 
Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the City's Community Improvement Division of any change of information contained in the registration within 10 days of the change.
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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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A. 
Abandoned properties shall be secured so as not to be accessible to unauthorized persons.
B. 
Securing of abandoned property includes but is not limited to closing and locking of windows, doors (walk-through, sliding and garage) gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.
C. 
If the abandoned property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the abandoned property is maintained in accordance with the requirements of this section, and any other applicable laws.
D. 
The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than 18″ x 24″, shall be of a font that is legible from a distance of 45 feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY _____," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."
E. 
The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily subject to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
F. 
The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.
G. 
The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.
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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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A. 
Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent.
B. 
Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any abandoned property and causes, permits, or maintains a violation of the chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, may be punished as provided in Chapter 1.12 of this Code.
C. 
This section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code. As an alternative to the violation and penalty specified in this section, the City Attorney or enforcement official may pursue any other right or remedy permitted by this Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to Chapter 8.16.
D. 
If an enforcement officer determines that the owner of abandoned property has failed to maintain that property as obligated under California Civil Code Section 2929.3 and in accordance with this chapter, the City may impose a civil fine against the owner of up to $1,000 per day for each day that the owner fails to maintain the property commencing on the day following the expiration of the period to remedy the violation as set forth in the notice provided pursuant to subsection E. The City shall not impose fines on an owner under this subsection where it has already done so pursuant to any other provision of this Code.
E. 
If the City chooses to impose a fine pursuant to subsection D of this section, it shall give notice of the alleged violation to the owner. The notice shall include a description of the conditions that gave rise to the violation, and notice of the City's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed to the name and address provided in the deed or other instrument for mailing future tax statements, or, if none, to the return address provided on the deed or other instrument.
F. 
The City shall provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the City may provide less than 30 days' notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given.
G. 
The City shall provide an owner who wishes to contest any fines imposed pursuant to subsection D a hearing and opportunity to be heard in accordance with the procedures for administrative citations contained in Chapter 1.14 of this Code.
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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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