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ORDINANCE NO. 118 �q����i� ��y, � ; ��� �i M��� (�
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 8.21 TO THE CODE OF
THE CITY OF PALM DESERT, CALIFORNIA REGARDING
MAINTENANCE OF ABANDONED PROPERTIES
WHEREAS, the presence of vacant, abandoned real property can lead to
neighborhood decline; and
WHEREAS, the presence of vacant, abandoned real property can create an
unattractive public nuisance; and
WHEREAS, the presence of vacant abandoned real property can contribute to
lower property values; and
WHEREAS, the presence of vacant abandoned real property can discourage
potential buyers from purchasing a home adjacent to or in neighborhoods with vacant
abandoned residences; and
WHEREAS, many vacant abandoned real properties are the responsibility of out of
area, out of state lenders and trustees; and
WHEREAS, in many instances the lender and trustees fail to adequately maintain
and secure these vacant residences; and
WHEREAS, the City has an obligation to preserve the health, safety and welfare of
residents and the community, and to the extent possible, protect neighborhoods from
declining property values, aesthetic decay, and loss of character.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter Adopted.
Chapter 8.21 of the Code of the City of Palm Desert, California is hereby adopted as
follows:
CITY COUNCILA,2TION
APPROVED '� DENtED
RECE VED QTI�ER ,.,_„_,,.,�
. �p. �S
MEETING DATE - � '
AYES: ' � ' �
NOES:
ABSENT:
ABSTAtN:
VERIFIED BY: C n
Original on File wIth City erk's Office
R M B U S\D E RW I N\307459.1
"Chapter 8.21
Maintenance of Abandoned Properties
8.21.010 Purpose.
8.21.020 Definitions.
8.21.030 Maintenance Requirements.
8.21.040 Security Requirements.
8.21.050 Additional Authority.
8.21.060 Enforcement.
8.21.070 Appeals.
8.21.010 Purpose.
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 and to set forth guidelines
for the maintenance of abandoned properties. This Chapter is a supplement to Chapter
8.20.
8.60.020 Definitions.
Certain words and phrases in this chapter are defined, when used herein, as
follows:
"Abandoned" means any building, structure or real property that is vacant or
occupied by a person without a legal right of occupancy, and 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.
"Accessible Property" means 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" means 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.
"Agreement" means any written instrument that transfers or conveys title to
residential real property from one owner to another after a sale, trade, transfer or
exchange.
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"Assignment of Deed of Trust" means an instrument that transfers the beneficial
interest under a deed of trust for one lender or entity to another.
"Beneficiary" means 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" means 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" as that term is defined in this Section 8.21.020.
"Dangerous Building" means any building or structure reasonably deemed by
qualified City staff to represent a violation of any provision specified in Code of Palm
Desert.
"Days" means calendar days.
"Deed of Trust" means an instrument whereby an owner of real property, as
trustor, transfers an interest in the real property in question to a third party
trustee, said instrument relating to a loan issued in the context of a real pro�erty
transaction. This definition applies to any and all subordinate deeds of trust i.e., 2n trust
deed, 3�d trust deed, etc.
"Deed in Lieu of Transfer" means a recorded instrument that transfers ownership
of real property between parties to a particular deed of trust as follows - from the
trustor, i.e., borrower, to the trustee upon consent of the beneficiary, i.e., lender.
"Default" means the material breach of a legal or contractual duty arising
from or relating to a deed of trust, such as a trustor's failure to make a payment
when due.
"Distressed" means any building, structure or real property that is subject to a
current Notice of Default, 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 or occupancy by a
person with no legal right of occupancy.
"Enforcement Official" means the City Manager, or his designee, charged with
enforcing the Code of Palm Desert including but not limited to applicable codes adopted
by reference therein.
"Evidence of Vacancy" means 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
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statements by neighbors, passersby, delivery agents, govemment employees that the
property is vacant.
"Foreclosure" means 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.
"Lender" means a beneficiary or any entity holding a Deed of Trust.
"Local" means within forty (40) driving miles of the building, structure or
real property in question.
"Neighborhood Standard" means 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" means 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.
"Out of Area" means in excess of forty (40) road or driving miles of the subject
property.
"Owner" means 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" means the person holding recorded title to the real property in
question at any point in time when Official Records are produced by the Riverside
County Recorder's Office.
"Property" means any unimproved or improved real property, or portion
thereof, including but not limited to buildings or structures located on said real property,
regardless of condition.
"Residential Building" means 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.
"Securing" means 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 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.
"Trustee" means any person, partnership, association, corporation, fiduciary
or other legal entity holding a Deed of Trust securing an interest in real property.
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"Trustor" means 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/trustor.
"Vacant" means any building, structure or real property that is unoccupied or
occupied by a person without a legal right of occupancy.
A. agents.
8.21.030 Maintenance Requirements.
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 property to cause, permit, or maintain any property condition contrary to
any provision of this chapter. Consequently, the following maintenance requirements
as to any property are adopted.
A. Any property subject to this section must comply with the requirements of
the Palm Desert Municipal Code Chapter 8.20.
B. In addition, the property shall be kept free of weeds, dry brush, dry grass,
dead vegetation, 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. The 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 or other property shall be landscaped
and maintained to the neighborhood standard including water and mowing.
E. 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.
F. Landscaping does not include weeds, gravel, broken concrete, asphalt,
plastic sheeting, mulch, indoor-outdoor carpet or any similar material.
G. Pools and spas shall be kept in working order so that water remains clear
and free of pollutants 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 of the State of California.
H. 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.
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I. The duties and obligations specified in this section 8.21.030 shall be joint
and several among and between all trustees and beneficiaries and their respective
agents.
The sole exception to these maintenance requirements shall, within the sole
reasonable discretion of a duly authorized enforcement official, apply to property that is
under construction and/or repair, not less than three (3) business days per week,
undertaken in compliance with all applicable law including but not limited to City
permitting requirements.
8.21.040 Security Requirements.
A. Properties subject to this section shall be maintained in a secure manner so
as not to be accessible to unauthorized persons.
B. Secure manner 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 broken windows
securing means re-glazing or boarding the window.
C. If the property is owned by a corporation and/or out of area beneficiary,
trustee or owner, a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section, and any other applicable
laws, are being met.
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 forty-five (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 accessible 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 8.21.040 shall be joint and
several among and befinreen all trustees and beneficiaries and their respective agents.
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8.21.050 Additional Authority.
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.
8.60.060 Enforcement.
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 property and causes,
permits, or maintains a violation of this chapter as to that property, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished as provided in the Palm
Desert Municipal Code.
C. This section 8.21.060 is intended to be cumulative to, and not in place of,
other rights and remedies available to the City pursuant to the Code of Palm Desert.
Above and beyond the violation and penalty specified in this section, the City Attorney
or a duly authorized Enforcement Official may pursue any other right or remedy
permitted by the Code of Palm Desert, 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 8.20 or Chapter 8.21.
D. In the event the City takes administrative action to abate the condition of a
property above and beyond the rights and remedies specified in Chapter 8.20, the
following administrative penalties shall apply.
1. On the administrative penalty due date, each party subject to an
abatement order shall pay an administrative penalty of one thousand dollars
($1,000.00).
2. In the event that a violation of this Chapter addressed by an
abatement order has not been abated, cured, remedied and/or eliminated to the
reasonable satisfaction of a duly authorized enforcement official by the thirtieth (30tn)
day after the administrative penalty due date, each party subject to said abatement
order shall pay a supplemental administrative penalty of five thousand dollars
($5,000.00).
3. In the event that a violation of this Chapter addressed by an
abatement order has not been abated, cured, remedied and/or eliminated to the
reasonabte satisfaction of a duly authorized enforcement official by the sixtieth (60rn�
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day after the administrative penalty due date, each party subject to said abatement
order shall pay a second supplemental administrative penalty of twenty-five thousand
dollars ($25,000.00).
E. In each instance when a party becomes subject to an administrative
penalty specified in this section, an enforcement official shall issue an order providing
written notice of that party's obligation to make payment of said administrative penalty.
Each such order shall constitute a special assessment against the property in question
having the same legal status as an order determining the cost of abatement of a public
nuisance pursuant the provisions of Chapter 8.20.
F. In each instance when a party becomes subject to an administrative
penalty specified in this section, and the order providing for said administrative penalty
issues when that party is either seeking to perfect its interest in the subject property
subsequent to the recordation of a notice of default, or is the property's owner of record,
that party is not relieved of its obligation to pay any administrative penalty based upon the
sale of the property in question to another.
8.21.070 Appeals.
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 Chapter 2.72 of the Code of Palm Desert, California."
Section 2. Severability.
If any section or provision of this chapter is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, or contravened by reason of any
preemptive legislation, the remaining sections and/or provisions of this chapter shall
remain valid. The City Council hereby declares that it would have adopted this chapter,
and each section or provision thereof, regardless of the fact that any one or more
section(s) or provision(s) may be declared invalid or unconstitutional or contravened via
legislation.
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SECTION 3. Publication.
The City Clerk shall certify as to the adoption of this Ordinance and shall cause a
summary thereof to be pubtished within fifteen (15) days of the adoption and shall post
a Certified copy of this Ordinance, including the vote for and against the same, in the
Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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