It is the purpose and intent of the chapter to establish a vacant and abandoned residential property registration program as a mechanism to protect residential neighborhoods within city limits of the city of Hanford from becoming blighted through the lack of adequate maintenance and security.
(Ord. 08-15, 2008)
The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:
"Abandoned"
means a property that is vacant and is under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale or that has been the subject of a foreclosure sale where the title was acquired by the beneficiary of a deed of trust through foreclosure by a private party purchaser through a foreclosure sale, or that is acquired under a deed in lieu of foreclosure or sale.
"Accessible property"
means a property that is accessible through a compromised or breached gate, fence, wall, or other similar feature.
"Accessible structure"
means a structure or building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
"Assignment of deed of trust"
means an instrument that transfers the beneficial interest under a deed of trust from the one lender or entity to another.
"Beneficiary"
means a lender under a note secured by a deed of trust.
"Buyer"
means any person, co-partnership, association, corporation, entity, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
"Dangerous building"
means any building or structure which has any of the conditions as listed in California Health and Safety Code, Division 13, Part 1.5, State Housing Law, Chapter 2, Section 17920.3 provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
"Days"
means consecutive calendar days.
"Deed of trust"
means an instrument by which title of real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, including second trust deed, third trust deed, etc.
"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 consent of the beneficiary of the trust deed.
"Default"
means the failure to fulfill a contractual obligation, monetary or conditional.
"Distressed"
means a property that is under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale, has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee via a deed in lieu of foreclosure or sale.
"Evidence of vacancy"
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 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 statements by neighbors, passerby, delivery agenda, or governmental employees that the property is vacant.
"Foreclosure"
means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults.
"Immediately dangerous building"
means any building or structure which has been so damaged by fire, infestation, seismic disturbance or by any other cause to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat to life, health or safety of the public or its occupants.
"Inspection requested"
means when a request is made to the code enforcement section, either verbally or in writing, by a citizen to perform an inspection of a particular building, structure or property with understanding that they believe some violation exists. The citizen must provide information as to what violation they believe exists at the said building, structure or property.
"Local"
means within 40 road-driving miles distance from the subject property.
"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 40 road-driving miles distance of the subject property.
"Owner"
means any person, co-partnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in any real property.
"Owner of record"
means the person having recorded title to the property at any given point in time the record is provided by the Kings County Recorder's Office.
"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 conditions.
"Residential building"
means any improved real property or position thereof, situated in the city, designed or permitted to be used for dwelling purpose, and shall include the buildings and structure located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned for such use.
"Securing"
means such measures that assist in rendering the property inaccessible to unauthorized persons including, but not limited to, the repairing of fences and walls, changing or pad locking of gates, the repair of doors, windows or other openings and locks.
"Substandard building"
means any building, or portion thereof including any dwelling unit, guest room or suite or rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be substandard building.
"Trustee"
means the person, firm, corporation, or entity holding a deed of trust on a property.
"Trustor"
means a borrower under a deed of trust, who deeds property to a trustee as a security for the payment of debt.
"Unsafe building"
means any building or structure which has any of the conditions as listed in California Health and Safety Code, Division 13, Part 1.5, State Housing Law, Chapter 2, Section 17920.
"Vacant building"
means any building or structure that is unoccupied or occupied by unauthorized persons and is unsecured or boarded.
(Ord. 08-15, 2008)
Within 10 days of the purchase or transfer of a loan or deed of trust secured by residential property, the beneficiary/trustee shall record with the Kings County Recorder's Office an assignment of deed of trust or similar document that lists the name of the corporation, entity, or individual and 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. 08-15, 2008)
A. 
Any beneficiary/trustee who holds a deed of trust on a property located within the city of Hanford 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 Kings 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/trustee shall, within 10 days of the inspection, register the property with the code enforcement, or his or her designee, on forms available from the city.
B. 
If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee or his or her designee monthly until:
1. 
The trustor or other party remedies the default, or
2. 
It is found to be vacant or shows evidence of vacancy, at which time is deemed abandoned and the trustee shall, within 10 days of that inspection, register the property with the code enforcement, or his or her designee, on forms provided by the city.
C. 
The registration required by A and B above shall contain the name of the beneficiary/trustee, and, in the case of corporation, entity, or out-of-area beneficiary/trustee or owner, the local property management company responsible for the security, maintenance, and marketing of the property.
D. 
An annual registration fee shall be established by separate council resolution. The registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registration and fees are due January 1 of each year and must be received no later than January 31 of the year due. Registration fees will be prorated for any partial year that a property remains subject to Chapter 8.20 of this code.
E. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
F. 
Properties subject to this chapter shall remain under the annual registration requirement and the security and maintenance standards of this chapter as long as they remain vacant.
G. 
Any person, firm, corporation, or entity that has registered a property under this chapter must report any change of information contained in the registration within 10 days of the change.
H. 
Any individual or entity who fails to comply with any of the requirements of this section shall also be subject to the penalties contained in Chapter 1.20 of this code.
(Ord. 08-15, 2008)
In addition to the requirements of Chapter 8.20 of this code, properties subject to registration under Section 8.20.050 shall, prior to and following foreclosure or the recording of a deed in lieu of foreclosure, comply with the following:
A. 
The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, 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.
B. 
The property shall be maintained free of graffiti, tagging, and similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior of the structures.
C. 
All yards visible from the public right-of-way shall be landscaped and maintained.
1. 
Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf or sod designed specifically for residential installation.
2. 
Acceptable landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.
3. 
Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all trimmings.
D. 
All yards not visible from the public right-of-way shall be kept free from the accumulation of dry, overgrown grass, weeds, brush, debris or similar items that would constitute a fire or health hazard.
E. 
Pools and spas shall either be kept in working order, treated so the water remains clear and free of material, pollutants, debris, and any kind of larvae that would cause a health danger to the surrounding vicinity, or drained and kept dry. In either case, properties with pools or spas must comply with the minimum security fencing requirements of the State of California.
F. 
Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions, and restriction, homeowner's association rules and regulations, or any other rules or regulations which may apply to the property.
(Ord. 08-15, 2008)
In addition to the requirements of Chapter 8.20 of Title 8 of this code, properties subject to registration under Section 8.20.050 shall, prior to and following foreclosure or the recording of a deed in lieu of foreclosure, comply with the following:
A. 
Property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. "Secure manner" includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening of such size that may allow people, including children, to access the interior of the property and or structure(s). In the case of broken windows, securing means the reglazing of the window.
B. 
If the property is owned by an out-of-area beneficiary/trustee/owner:
1. 
A local property management company may be contracted to perform, at a minimum, monthly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
2. 
The property shall be posted with the name and 24-hour contact phone number of the beneficiary's/trustee's/owner's local contact person, and if the beneficiary/trustee/owner does not have a local contact person, the beneficiary/trustee/owner's property management company. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour contact phone number, the words "this property managed by" and "to report problems or concerns call". The posting shall be placed on the interior or a window facing the street to the front of the property so it is visible to the street; if no such area exists, on a stake of sufficient size to support the posting location that is visible from the street to the front of the property but not readily accessible to vandals. The exterior posting must be construed of and printed with weather resistant materials.
3. 
The beneficiary/trustee/owner or its local property management company shall inspect the property no less than on a monthly basis to determine if the property is in compliance with the requirements of this chapter.
(Ord. 08-15, 2008)
In addition to the enforcement remedies established by other provisions of this code, the chief of police, or his or her designee, the fire chief, or his or her designee, or code enforcement officers, shall have the authority to require the beneficiary/trustee/owner and 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 door, window 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 arrest the decline of the property.
(Ord. 08-15, 2008)
A. 
If any individual or entity covered by this chapter fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of the chapter, then the city manager shall cause the property to be maintained or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by the direction of the city manager, the city manager shall cause a statement of the costs thereof to be prepared. Chapter 17.68 of this code shall apply to the city's and the public's rights and obligations regarding maintenance costs incurred by the city and the procedures applicable to the city's collection of such costs.
B. 
In addition to maintenance and securing of properties, any individual or entity covered by this chapter who fails to maintain and secure the property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter shall be deemed to have authorized the city to remove trespassers from the property.
C. 
In addition to the city remedies described in this chapter and this title, the city reserves the right to impose fines and penalties under the provisions of Section 2929.3 of the California Civil Code.
(Ord. 08-15, 2008)
The fee for registering an abandoned residential property shall be set by resolution of the city council.
(Ord. 08-15, 2008)
Every violation of this chapter is declared a nuisance and may be enforced in any manner allowed in Chapter 17.68 of this code.
(Ord. 08-15, 2008)
A. 
Violations of this chapter shall be treated as a strict liability offense regardless of intent.
B. 
Any individual or entity that violates any portion of this Chapter 8.20 shall be subject to civil penalties as provided in Chapter 17.68 of this code and other remedies available under law.
(Ord. 08-15, 2008)