It is the purpose and intent to establish a vacant/abandoned property program as a mechanism to protect residential neighborhoods and commercial/industrial properties from becoming blighted through the lack of adequate maintenance and security of vacant/abandoned properties.
(Ord. 08-284 § 1; Ord. 24-455, 2/12/2024)
"Abandoned"
means a property that is not being maintained while vacant or under a current notice of default and/or notice of trustee's sale, pending tax assessors 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.
"Accessible property"
means a property that is accessible through a compromised/breached gate, fence, wall etc.
"Accessible structure"
means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
"Agreement"
means any agreement or written instrument, which provides that title to residential and commercial/industrial properties, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
"Assignment of rents"
means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
"Beneficiary"
means a lender under a note secured by a deed of trust.
"Buyer"
means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.
"Commercial/industrial property"
means any improved real property or portion thereof, situated in the city, designed or permitted to be used for commercial or industrial purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "commercial or industrial" whether or not it is legally permitted and/or zoned for such use.
"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 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.: 2nd trust deed, 3rd trust deed, etc.).
"Default"
means the failure to fulfill a contractual obligation, monetary or conditional.
"Distressed"
means a property that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a 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 and commercial/industrial use, statements 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 auction to satisfy the debt if the trustor (borrower) defaults.
"Local"
means within 40 road/driving miles distance of the subject property.
"Maintained"
means kept up to neighborhood standards.
"Neighborhood standard"
means those conditions that are present on a simple majority of properties within a 900 foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 900 foot radius, shall not be counted toward the simple majority.
"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.
"Notice of trustee's sale"
means 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 of the unpaid dept on the deed of trust secured by the property.
"Owner"
means any person, co-partnership, association, corporation, 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 San Joaquin 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 condition.
"Residential property"
means any improved real property or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures 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 and/or zoned for such use.
"Securing"
means such measures as may be directed by the community development director or the city manager's designee that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, and the repair or boarding of doors, windows and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards and the requirements set by the city at the time the boarding is completed or required.
"Trustee"
means the person, firm or corporation holding a deed of trust on a property.
"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 or occupied by unauthorized persons whether or not it is secured or boarded.
(Ord. 08-284 § 1; Ord. 10-298 § 1; Ord. 24-455, 2/12/2024)
Within 10 days of the purchase and/or transfer of a loan or deed of trust secured by property in the city, the new beneficiary or trustee shall record, with the office of the recorder of San Joaquin County, an assignment of rents, or similar document that lists the name (whether a corporation, individual, or other entity), the mailing address, and the contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust.
(Ord. 08-284 § 1)
No beneficiary/trustee/owner shall allow a building designed for human use or occupancy to be a vacant/abandoned building for more than 30 days, unless one of the following applies:
A. 
The building is the subject of an active building permit for the repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;
B. 
The building meets all codes, does not contribute to blight, is ready for occupancy, and is:
1. 
Actively being offered for sale, lease or rent, or
2. 
Is a vacant building and is actively being maintained and monitored by the beneficiary/trustee/owner, as defined in Section 8.26.060.
(Ord. 08-284 § 1)
A. 
Any beneficiary or trustee who holds a deed of trust on a distressed vacant/abandoned property located within the city shall perform an inspection of the property that is the security for the deed of trust upon default by the trustor prior to recording a notice of default. In addition, the owner of real property that:
1. 
Was the subject of a foreclosure sale where the title was retained by the beneficiary, or trustee of a deed of trust, involved in the foreclosure who is the current owner of the property; or
2. 
Was transferred to the current owner under a deed in lieu of foreclosure/sale; or
3. 
The property is vacant and in violation of Section 8.26.040, shall perform an inspection of the property within 10 days of the effective date of the ordinance codified in this chapter.
B. 
If a property that is the security for a deed of trust in default is not vacant/abandoned, but the deed of trust remains in default, the beneficiary or trustee shall inspect the property monthly until:
1. 
The trustor or other party remedies the default; or
2. 
The property is found to be vacant/abandoned, at which time the beneficiary or trustee shall then, within 10 days of that inspection, meet all requirements set forth in this chapter.
C. 
Any corporation, individual, or other entity that has obtained a property under the conditions set forth in this chapter must report to the city any change of information in the ownership of the property within 10 days of the change.
D. 
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/sale.
(Ord. 08-284 § 1)
Vacant/abandoned properties that have evidence of vacancy shall be subject to the following maintenance requirements and neighborhood standards:
A. 
Any condition causing the property to constitute a dangerous building shall be immediately remedied.
B. 
All properties within the city must be kept free of tall 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.
C. 
All properties within the city shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the existing exterior of the structure.
D. 
Visible front and side yards shall be mowed, landscaped and otherwise, to the satisfaction of the community development director or the city manager's designee. Landscaping includes, but is not limited to, grass, ground covers, trees, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf or sod. Weeds, gravel, broken concrete, asphalt, deComposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. Water service must be provided through the water main located at the property. Electrical service may need to be provided for automatic irrigation systems to work properly.
E. 
Rear yard vegetation shall be mowed and all garbage and debris shall be removed to the satisfaction of the community development director or the city manager's designee.
F. 
Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris, or shall be drained and kept dry.
G. 
The exterior of the building, including, but not limited to, paint and finishes, must be maintained in good condition.
H. 
The building must be maintained in continuing compliance with all applicable codes and regulations.
I. 
All properties within the city shall be maintained in such a manner so as not to constitute a public nuisance pursuant to Section 8.24.060 of the Lathrop Municipal Code.
(Ord. 08-284 § 1; Ord. 10-298 § 1; Ord. 24-455, 2/12/2024)
Vacant/abandoned properties within the city shall be secured as follows:
A. 
All windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or accessible structure(s) shall be secured so as to prevent access by any unauthorized person. In the case of broken windows, securing means the reglazing or boarding of the window. All boards shall be fitted to the entire opening, secured by screws (no more than six to eight inches apart from each other) and painted to match the exterior of the dwelling.
B. 
Pools and spas shall be fenced or otherwise secured to prevent access or use by any unauthorized person.
C. 
The property shall be posted with the name and a 24 hour contact phone number of the local property management company. The posting shall be visible from the centerline of the street on which the property is located, or a distance of 45 feet, whichever is less, and shall at least contain the words: "THIS PROPERTY MANAGED BY ______ and TO REPORT PROBLEMS OR CONCERNS CALL ______." The posting shall be placed on the first or lower floor of the structure 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 to the front of the property so it is visible from the street or, 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 weatherresistant materials.
(Ord. 08-284 § 1; Ord. 24-455, 2/12/2024)
The owner, trustee, beneficiary or local property management company shall inspect the property on a monthly basis, or more frequently if required by the community development director or the city manager's designee or if re-occurring problems exist, to ensure that the property is in compliance with the requirements of this chapter.
(Ord. 08-284 § 1; Ord. 10-298 § 1)
The community development director or the city manager's designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any vacant/abandoned property to implement additional maintenance and/or security measures, including, but not limited to: securing any/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 and prevent the ongoing condition(s) of an attractive nuisance. In addition, nothing in this chapter shall prevent the application of provisions of the Lathrop Municipal Code, including, but not limited to, Chapter 1.12, for the abatement of nuisances by the city at the expense of the owner, trustee, or beneficiary.
(Ord. 08-284 § 1; Ord. 10-298 § 1; Ord. 24-455, 2/12/2024)
Violations of this chapter may be enforced in any combination as allowed in Chapter 1.12 of the Lathrop Municipal Code. Some of the enforcement methods that will be used are notices of violation, administrative citations, notices and orders, civil penalties and/or abatements.
(Ord. 08-284 § 1)
Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under any applicable provision of this code.
(Ord. 08-284 § 1)
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 and/or administrative enforcement under Chapter 1.12.
(Ord. 08-284 § 1; Ord. 24-455, 2/12/2024)
The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies, and the provisions of this chapter may be enforced by any remedies provided for in this code or otherwise available by law.
(Ord. 08-284 § 1)
Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect.
(Ord. 08-284 § 1)