Loading...
HomeMy WebLinkAboutOrd. 1184 & 1185 - Registration & Maint. of Abandoned Properties ORDINANCE NO. 1184 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 REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES AND DECLARING URGENCY 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: RMBUS\DERWI N\307478.1 ORDINANCE NO. 1184 "Chapter 8.21 Registration and Maintenance of Abandoned Properties 8.21.010 Purpose. 8.21.020 Definitions. 8.21.030 Registration. 8.21.040 Maintenance Requirements. 8.21.050 Security Requirements. 8.21.060 Additional Authority. 8.21.070 Fees. 8.21.080 Enforcement. 8.21.090 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; to establish an abandoned property registration program 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 forec�osure/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. - 2 - RM BUS\DE RW I N\307478.1 ORDINANCE NO. 1184 "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. "Assignment of Deed of TrusY' 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., 2" 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 - 3 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 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 statements by neighbors, passersby, delivery agents, government 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 - 4 - R M B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 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. "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. 8.21.040 Registration. A. Each beneficiary and trustee, who holds a deed of trust on a property located within the City of Palm Desert, shall perForm an inspection of the property in question prior to recording a Notice of Default or similar instrument with the Riverside County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, as defined by the chapter, it is hereby deemed to be abandoned. B. Within ten (10) days of identification of any abandoned property, the beneficiary and trustee must register the property with the City of Palm Desert Building Department on specified forms. C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until: 1. The trustor or another party remedies the default; or 2. The property is found to be vacant or shows evidence of vacancy, deemed abandoned and rendered subject to section 8.21.040B. D. The registration pursuant to section 8.21.040B shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question. E. The registration pursuant to section 8.21.040B shall be renewed annually. F. An annual registration fee, adopted in conformance with Section 8.21.070, shall accompany the submission of each registration form. The fee and registration shall be valid for one (1) year from the date of registration. Registration fees will not be prorated. G. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust - 5 - RMBUS\DERWI N\307478.1 ORDINANCE NO. 1184 involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale. H. Properties subject to this Chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant. I. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the Palm Desert Police Department of any change of information contained in the registration within ten (10) days of the change. J. The duties/obligations specified in this section 8.21.030 shall be joint and several among and befinreen all trustees and beneficiaries and their respective agents. 8.21.040 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 subject to the registration requirement contained in section 8.21.030, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the to the registration requirement contained in section 8.21.030 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. - 6 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 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. I. The duties and obligations specified in this section 8.21.040 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 subject to the registration requirement contained in section 8.21.030 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. 8.21.050 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 - 7 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 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 8.21.050 shall be joint and several among and befinreen all trustees and beneficiaries and their respective agents. 8.21.060 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. 8.21.070 Fees. The fee for registering and re-registering an abandoned property shall be set, from time to time, by resolution of the City Council. The amount of the fee charges shall not exceed the cost of administering the provisions of this chanter. 8.60.080 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 subject to the registration requirement contained in section 8.21.030, 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 8.21.080 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 in Chapter 8.21. - 8 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 D. In the event the City takes administrative action to abate the condition of a property subject to the to the registration requirement contained in section 8.21.103, 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 reasonable satisfaction of a duly authorized enforcement official by the sixtieth (60rn� 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. 8.21.090 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 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 - 9 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1184 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. SECTION 3. Urgency — Effective Date. The Council declares that there is an immediate need for the establishment of the regulations of this Ordinance because of the climatic conditions in the Coachella Valley. The delay in upkeep and maintenance has extremely quick effects upon landscaping and plant materials if not maintained continuously. Because of such conditions this Ordinance shall take effect immediately upon passage. 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 - 10 - RM B U S\D E RW I N\307478.1 ORDINANCE NO. 1185 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 REGISTRATION AND 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 fol lows: RMBUS\DERW I N\307459.1 ORDINANCE NO. 1185 "Chapter 8.21 Registration and Maintenance of Abandoned Properties 8.21.010 Purpose. 8.21.020 Definitions. 8.21.030 Registration. 8.21.040 Maintenance Requirements. 8.21.050 Security Requirements. 8.21.060 Additional Authority. 8.21.070 Fees. 8.21.080 Enforcement. 8.21.090 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; to establish an abandoned property registration program 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 fol lows: "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. - 2 - RM B U S\D E RW I N\307459.1 ORDINANCE NO. 1185 "AgreemenY' 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. "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., 2" 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 - 3 - RM B U S\D E RW I N\307459.1 ORDINANCE NO. 1185 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 statements by neighbors, passersby, delivery agents, government 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 - 4 - R M B U S\D E RW I N\307459.1 ORDINANCE NO. 1185 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. "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. 8.21.040 Registration. A. Each beneficiary and trustee, who holds a deed of trust on a property located within the City of Palm Desert, shall perForm an inspection of the property in question prior to recording a Notice of Default or similar instrument with the Riverside County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, as defined by the chapter, it is hereby deemed to be abandoned. B. Within ten (10) days of identification of any abandoned property, the beneficiary and trustee must register the property with the City of Palm Desert Building Department on specified forms. C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until: 1. The trustor or another party remedies the default; or 2. The property is found to be vacant or shows evidence of vacancy, deemed abandoned and rendered subject to section 8.21.040B. D. The registration pursuant to section 8.21.040B shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question. E. The registration pursuant to section 8.21.040B shall be renewed annually. F. An annual registration fee, adopted in conformance with Section 8.21.070, shall accompany the submission of each registration form. The fee and registration shall be valid for one (1) year from the date of registration. Registration fees will not be prorated. G. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust - 5 - RM B U S\D E RW I N\307459.1 ORDINANCE NO. 1185 involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale. H. Properties subject to this Chapter shall remain subject to the annual registration requirement, security and maintenance standards of this chapter as long as they remain vacant. I. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the Palm Desert Police Department of any change of information contained in the registration within ten (10) days of the change. J. The duties/obligations specified in this section 8.21.030 shall be joint and several among and befinreen all trustees and beneficiaries and their respective agents. 8.21.040 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 subject to the registration requirement contained in section 8.21.030, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the to the registration requirement contained in section 8.21.030 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. - 6 - RM BUS\DE RW I N\307459.1 ORDINANCE NO. 1185 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. I. The duties and obligations specified in this section 8.21.040 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 subject to the registration requirement contained in section 8.21.030 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. 8.21.050 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 - 7 - RMBUS\DERWIN\307459.1 ORDINANCE NO. 1185 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 8.21.050 shall be joint and several among and befinreen all trustees and beneficiaries and their respective agents. 8.21.060 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. 8.21.070 Fees. The fee for registering and re-registering an abandoned property shall be set, from time to time, by resolution of the City Council. The amount of the fee charges shall not exceed the cost of administering the provisions of this chanter. 8.60.080 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 subject to the registration requirement contained in section 8.21.030, 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 8.21.080 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 in Chapter 8.21. - 8 - RM BUS\DE RW I N\307459.1 ORDINANCE NO. 1185 D. In the event the City takes administrative action to abate the condition of a property subject to the to the registration requirement contained in section 8.21.103, 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 reasonable satisfaction of a duly authorized enforcement official by the sixtieth (60tn) 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. 8.21.090 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 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 - 9 - RMBUS\DERWI N\307459.1 ORDINANCE NO. 1185 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. SECTION 3. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shatl cause a summary thereof to be published 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 - 10 - RM BUS\DE RW I N\307459.1