For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
means a property that is vacant and is under a current notice
of default and/or notice of trustee's sale, pending tax assessor's
lien sale and/or properties that have been the subject of a foreclosure
sale where the title was retained by the beneficiary of a deed of
trust involved in the foreclosure and any properties transferred under
a deed in lieu of foreclosure/sale.
means an instrument that transfers the beneficial interest
under a deed of trust from one lender/entity to another.
means a lender under a note secured by a deed of trust.
means consecutive calendar days.
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 an instrument by which title to real estate is transferred
to a third party trustee as security for a real estate loan. Used
in California instead of a mortgage. This definition applies to any
and all subsequent deeds of trust, i.e., second trust deed, third
trust deed, etc.
means the failure to fulfill a contractual obligation, monetary
or conditional.
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 or commercial/industrial occupancy as applicable, statements
by neighbors, passersby, delivery agents, government employees that
the property is vacant.
means property, or the process by which property, is placed
as security for a real estate loan, is sold at auction to satisfy
the debt if the trustor (borrower) defaults.
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.
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 condition.
means the person, firm or corporation holding a deed of trust
on a property.
means a borrower under a deed of trust, who deeds property
to a trustee as security for the payment of a debt.
means a building/structure that is not legally occupied.
(Ord. 1768 § 2, 2008; Ord. 1881 § 3, 2020)
A.
Any
beneficiary/trustee who holds a deed of trust secured by property
located within the city of San Bruno shall register with the community
development department when any of the following events occur:
1.
Within
thirty days of the purchase and/or transfer of a loan/deed of trust
secured by property in San Bruno;
2.
Within
thirty days upon default by the trustor if the property is abandoned.
The beneficiary/trustee shall perform an inspection of the property
that is the security for the deed of trust, within thirty days upon
default by the trustor to determine whether the property is abandoned.
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 comply with the registration requirement set forth herein. If
the property is occupied but remains in default, it shall be inspected
by the beneficiary/trustee, or designee, monthly until the trustor
or other party remedies the default or it is found to be vacant or
shows evidence of vacancy at which time it is deemed abandoned.
B.
The
following registration information shall be provided to the city:
1.
The
name of the beneficiary/trustee (corporation or individual);
2.
The
direct street/office mailing address and contact information (phone,
fax, and electronic address) of the beneficiary/trustee (no P.O. boxes)
responsible for receiving payments;
3.
The
direct street/office mailing address and contact information (phone,
fax, and electronic address) for the person or party designated by
the beneficiary/trustee as responsible for maintenance of the property.
C.
Registration
of the required information may be accomplished by any of the following
methods:
1.
By
completing and returning to the community development department a
city-provided registration form; or
2.
By
registering with a city-approved national data base that contains
the information set forth herein and which service the city may access
at no cost. From time to time, the city manager may approve acceptable
national data bases which shall be identified in writing and which
shall be posted in the community development department and on the
city's website.
D.
Registration
Fee.
1.
A
registration fee to reimburse the city for the cost incurred as a
result of administering this program shall accompany the registration
form and the fee shall be set from time to time by the city council
by resolution.
2.
The
registration fee shall be waived if the property is registered within
the time frame and methods required by this chapter.
E.
This
chapter 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/sale.
F.
Any
person, firm or corporation that has registered a property under this
chapter must report any change of information contained in the registration
within ten days of the change.
(Ord. 1768 § 2, 2008; Ord. 1881 § 3, 2020)
A.
Failure to comply with the requirements of this chapter shall constitute a misdemeanor violation punishable at law in accordance with Chapter 1.28 of this code by a fine of not less than five hundred dollars or by imprisonment in County Jail of not more than six months, or both.
B.
The
city may also seek enforcement through any administrative, civil,
or criminal remedy available to it at law, which remedies are cumulative
and nonexclusive. The city may exercise one or any combination of
remedies in its sole discretion at any time.
(Ord. 1768 § 2, 2008; Ord. 1881 § 3, 2020)
