It is the purpose and intent of the City Council of the City of Desert Hot Springs, through the adoption of this chapter, to establish an abandoned and distressed residential and nonresidential building registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned buildings and to establish uniform and reasonable regulations, including minimum property maintenance, preventative maintenance, monitoring, and boarding requirements, to prevent immediate risk and detrimental effects associated with abandoned and distressed buildings.
The City Council of the City of Desert Hot Springs finds that abandoned and distressed residential and nonresidential buildings pose a risk to the public peace, health and safety of citizens in that the detrimental effects from the lack of security and maintenance of abandoned and distressed buildings endangers children unprotected from unsecured pools and other attractive nuisances, lead to neighborhood decline, contribute to lower property values, discourage potential buyers from purchasing a home or business adjacent to or in the neighborhoods with abandoned and distressed buildings, and further endangers neighborhoods affected by the resulting squatting, vandalism, burglaries and other crimes.
The City Council of the City of Desert Hot Springs further finds that the City will incur additional costs in administering and implementing the abandoned and distressed building registration program and that it is in the best interests of the public for the City to recover the said costs through imposition of a registration fee.
(Prior code § 100.01; Ord. 743 11-2-21)
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Abandoned”
means a residential or nonresidential property that contains a vacant building, or under a current notice of default and/or notice of trustee’s sale, pending Tax Assessor’s lien sale, or the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or a property transferred under a deed in lieu of foreclosure/sale.
“Beneficiary”
means a lender under a note secured by a deed of trust. Beneficiary shall also include beneficiary’s authorized agent, property management company or property manager.
“Building”
means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project.
“Buyer”
means any person, partnership, co-partnership, association, corporation, fiduciary or any entity that agrees to transfer anything of value in consideration for property described in the agreement of sale, as defined in this chapter.
“Days”
means consecutive calendar days.
“Deed in lieu of foreclosure/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 deed of trust.
“Deed of trust”
means an instrument, describing the real property and by which title to real property is transferred to a third party trustee as security for repayment of a real property loan or an obligation. This definition applies to any and all subsequent deeds of trust, including, but not limited to, second trust deed, third trust deed, etc.
“Default”
means the failure to fulfill a contractual obligation, whether monetary or conditional.
“Distressed”
means any property that is occupied by a person(s) having the right to use or having right of possession of the property and under a current notice of default and/or notice of trustee’s sale or pending Tax Assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee via deed in lieu of foreclosure/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 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 debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements, based on observations, by neighbors, passersby, delivery agents, government 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 an auction to satisfy the debt if the trustor (borrower) defaults.
“Landscape”
includes, but is not limited to, grass, groundcovers, bushes, shrubs, hedges or similar paintings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastics sheeting, mulch, indoor-outdoor carpet or any similar material.
“Landscape maintenance”
includes, but is not limited to, regular watering, irrigation, cutting, pruning, mowing and removal of all trimmings of required landscape.
“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 35 road/driving miles distance of the subject property.
“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 the property. When more than one owner exists, the singular shall also mean the plural.
“Property”
means any improved real property, or portion thereof, including, but not limited to, buildings or structures located on said real property, regardless of condition. This definition shall exclude unimproved real property.
“Trustee”
means the person, partnership, co-partnership, association, corporation, or fiduciary holding a deed of trust on a property. Trustee shall include any authorized agent, property management company or property manager of a trustee.
“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/structure that is not legally occupied, which shall be determined by “evidence of vacancy” as defined, or for a period of 30 consecutive days.
(Prior code § 100.02; Ord. 743 11-2-21)
A. 
Registration Required. An owner of a vacant building must register his or her property with the City within 10 days of the building becoming vacant or deemed vacant by the City. If any building shows evidence of vacancy, it shall be deemed vacant and abandoned.
B. 
Contents of Registration. The registration required under this chapter shall contain: (1) the name of the owner or beneficiary/trustee (co-partnership, partnership, association, fiduciary, corporation, any legal entity or an individual); (2) the direct street/office mailing address of the owner or beneficiary/trustee, excluding P.O. boxes; (3) a direct contact name and phone number for the owner or beneficiary/trustee; and (4) in the case of a corporation or out-of-area owner or beneficiary/trustee, the property management company responsible for the security, maintenance and marketing of the property. Any change of the information in the registration required under this subsection shall be reported within 10 days of the change.
C. 
Registration Fee. The fee for registering an abandoned or distressed property under this chapter shall be as set by resolution of the City Council. An annual registration fee shall accompany the registration form. The registration fee will be used to finance the cost of inspection, administering and enforcement under this chapter. 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 registrations are due January 1st of each year and must be received no later than January 31st of the year due. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this chapter as long as the properties remain vacant.
D. 
Out-of-Area Owner, Trustee, or Beneficiary. An out-of-area owner, beneficiary, or trustee shall retain a property management company, which shall inspect the property as required by this chapter to determine whether the abandoned or distressed property is in compliance with the requirements of this chapter. The property management company shall maintain a business license with the City.
E. 
If any owner, beneficiary, or trustee fails to register property, as required by this chapter, the City may register the property and impose the annual registration fee. Notice shall be provided pursuant to pertinent sections of Chapter 4.20 of this Code, as they apply to violations related to real property, except that notice shall be provided to: (1) beneficiary or trustee, prior to completion of foreclosure or deed in lieu of foreclosure/sale transaction; or (2) to owner or owner of record after completion of foreclosure or deed in lieu of foreclosure sale transaction, as the address appears on the last equalized assessment roll or as known to the City Manager or designee. The notice shall provide the amount due for the registration fee, shall state that the property has not been registered as required by this chapter and shall constitute enrollment in the City’s abandoned residences registration program. Any unpaid registration fee shall be deemed a civil debt owing to the City, and shall be collected in any manner authorized by law, including, but not limited to, imposing a lien on the property pursuant to Section 4.24.420 and imposing a special assessment pursuant to Section 4.24.410 of the City’s municipal code, or as these sections may from time to time be amended.
(Prior code § 100.03; Ord. 659 4-17-18; Ord. 743 11-2-21)
A. 
Maintenance Required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this chapter and all applicable provisions of this Code. All vacant buildings shall be maintained in compliance with this chapter.
B. 
Minimum Standards. Properties subject to this chapter shall be maintained as follows:
1. 
There shall be no evidence of vacancy;
2. 
There shall be no weeds, dry brush, dead vegetation, trash, junk, debris and excessive foliage growth that diminishes the value of surrounding properties;
3. 
No mosquito larvae shall be allowed to grow in standing water;
4. 
There shall be no 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, or printed material;
5. 
There shall be no graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matched the color of the exterior of the structure;
6. 
Landscaping shall be maintained and kept free of weeds, dry brush, dead vegetation, and excessive foliage growth;
7. 
Pools and spas shall either: (a) be kept in working order so the water remains clear and free of pollutants and debris, or (b) drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California; and
8. 
All doors, windows, and other openings shall be secured or boarded in accordance with this chapter.
C. 
Adherence to this section does not relieve the beneficiary/trustee or owner of any obligations set forth in any local, state or federal laws or any covenants, conditions and restrictions and/or homeowner’s association rules and regulations which may apply to the building or property.
(Prior code § 100.04; Ord. 577 6-7-16; Ord. 743 11-2-21)
Any abandoned property shall be secured, as defined in this chapter. In addition, the abandoned property shall be secured in a manner that would prevent trespassers, squatters or unauthorized persons from entering and/or remaining on the property.
(Prior code § 100.05; Ord. 743 11-2-21)
A. 
Any abandoned property shall be posted with the name and 24-hour contact phone number of the owner or trustee/beneficiary or a property management company that must be retained by an out-of-area owner or beneficiary/trustee. 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 number the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL.” The posting shall be placed on the interior of a window facing the street to the front of the abandoned property so it is visible from the street or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street; if no such area exists, 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 but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials.
B. 
The property management company shall inspect the property on a weekly basis to determine if the property is in compliance or if notification of noncompliance is reported to the property management company, the property management company, or designee, shall bring the property back into compliance within 72 hours.
(Prior code § 100.06; Ord. 743 11-2-21)
A. 
An owner, beneficiary, trustee, or property management company may board up a vacant building located on an abandoned property for a period of up to 30 days without complying with subsection B of this section.
B. 
If an owner, beneficiary, trustee, or property management company chooses or is required to board up the windows, doors, and other openings of a vacant building on an abandoned property for more than 30 days, the owner, beneficiary, trustee, or property management company must comply with the following requirements:
1. 
All materials used to board up the vacant building shall be painted to a compatible color of the existing buildings and structures.
2. 
Exterior doors, windows, and openings must be secured with exterior-grade plywood with minimum thickness of three-fourths inch. Other materials may be used that meet City standards at the discretion of the Code Compliance Manager or designee, provided the materials are painted in a compatible color to the boarded property.
3. 
All windows, doors, and other openings shall be secured as per the board up specifications maintained by the City.
(Ord. 743 11-2-21)
Pursuant to the City’s police powers authorized in Article XI, Section 7 of the California Constitution, as well as under Sections 100, 101, 500 and 600 of City’s Charter and the City of Desert Hot Springs Municipal Code and other provisions of California law, including, but not limited to, California Government Code Section 38771, the City Council hereby declares that any violation of this chapter, including, but not limited to, the maintenance and security requirements of this chapter shall constitute a public nuisance.
(Prior code § 100.07; Ord. 743 11-2-21)
In addition to any other remedies authorized by the City of Desert Hot Springs Municipal Code and/or any other enforcement remedies permitted under the law, the City Manager or designee shall have the authority to require the beneficiary/trustee/owner and/or owner of any property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any and all door(s), window(s) 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.
(Prior code § 100.08; Ord. 743 11-2-21)
Whenever the City Manager or designee or Code Compliance Officer finds that a provision of this chapter has been violated, he or she may issue the responsible person a notice of violation, (“NOV”), pursuant to pertinent sections of Chapter 4.20 of this Code, as they apply to real property related violations.
(Prior code § 100.09; Ord. 743 11-2-21)
A. 
The City of Desert Hot Springs, may impose a civil penalty in the amount not to exceed $1,000 per day for failure to maintain and secure the abandoned property or vacant building, as required by this chapter, provided that notice is provided as follows:
1. 
The City first issues a notice of violation, as provided in Section 8.40.090, which also states that the City shall impose the civil penalty pursuant to this section if actions necessary to address the violation(s) at the abandoned property are not commenced within a period of not less than 14 days and completed within a period of not less than 30 days, from the date of mailing of notice of violation; and
2. 
In addition, the notice of violation shall be mailed to the address provided in the deed of trust or other instrument specified in California Government Code Section 27321.5 including deed of trust, instrument conveying title, mortgage with power of sale; or if none, to the return address provided on the deed or other instrument.
B. 
The City shall not impose a civil penalty pursuant to this section together with administrative citations or fines authorized by Chapter 4.24 of the City of Desert Hot Springs Municipal Code.
C. 
Failure to pay the civil penalty imposed pursuant to subsection A of this section shall be deemed a civil debt owing to the City, and shall be collected in any manner authorized by law, including, but not limited to, imposing a lien on the property pursuant to Section 8.24.470, and imposing a special assessment pursuant to Section 8.24.480 of the City’s municipal code, or as these sections may from time to time be amended.
(Prior code § 100.10; Ord. 743 11-2-21)
It is unlawful and a public nuisance for any person or entity to violate, or fail to comply with, any provisions or requirements of this chapter, or any regulation adopted pursuant to it. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Title 4 of the Desert Hot Springs Municipal Code or any other enforcement and legal remedies available to the City under the law.
(Prior code § 100.11; Ord. 743 11-2-21)
A. 
The City may issue an administrative citation, and/or assess an administrative fine for each violation of this chapter pursuant to the procedures set forth in Title 4. The schedule of fines under this chapter shall be $200 for the first violation, $500 for the second violation in twelve months, and $1,000 for the third and subsequent violations within twelve months. However, in no event shall the City impose a civil fine pursuant to Section 8.40.100 together with administrative citations or fines authorized by Chapter 4.24 of the City of Desert Hot Springs Municipal Code.
B. 
A separate offense occurs for each day, during any part of which, any violation of, or failure to comply with, any provision of this chapter is committed, continued, permitted, maintained, or allowed to be continued.
C. 
The prevailing party in any action, administrative proceeding, or special proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorney’s fees incurred in such action or proceeding. In no such action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of attorney’s fees incurred by the City in the action or proceeding.
D. 
The costs incurred by the City in the abatement of a violation or nuisance under this chapter may be placed against any vacant building or abandoned property as either a special assessment pursuant to Section 4.24.410 of this Code and California Government Code Section 38771 et seq. as amended from time to time, or a lien pursuant to Section 4.24.420 of this Code and California Government Code Section 54988, as amended from time to time.
E. 
Cumulative Remedies. The remedies provided herein are not exclusive, and in the event of any violation of this chapter, the City may pursue any and all administrative, civil, and criminal remedies, as provided by law or equity, including all remedies under Title 4 of this Code.
(Prior code § 100.12; Ord. 743 11-2-21)
Any person aggrieved by the imposition of a civil penalty pursuant to Section 8.40.100 of this chapter, may appeal the penalty pursuant to procedures for an appeal of administrative citations, as provided in Chapter 4.24 of the City of Desert Hot Springs Municipal Code.
(Prior code § 100.13; Ord. 743 11-2-21)