HomeMy WebLinkAbout2010/01/26 Item 9
CITY COUNCIL
AGENDA STATEMENT
~!!~ CITY OF
.~ (HUlA VISTA
JANUARY 26,2010 Item '1
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION
15.60 REQUIRING THE REGISTRATION OF ABANDONED
RESIDENTIAL PROPERTIES
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A NEW CITY COUNCIL
POLICY GOVERNING ENFORCEMENT OF CHULA VISTA
MUNICIPAL CODE SECTION 15.60
SUBMITTED BY: DEPUTY CITY MANAGEBBEVELOPMENT SERVICES
DIRECTOR ~
REVIEWED BY: CITY MANAGE V
4/STHS VOTE: YES D NO I X I
SUMMARY
The Development Services Department has prepared amendments to CVMC Section 15.60
Abandoned Residential Property Registration Program and a new Council Policy governing
the enforcement of CVMC Section 15.60. These proposed modifications were prepared in
response to concerns raised by members of the local real estate sales industry. These
amendments and new Council Policy address several of the concerns which were brought to
the Department and City COLillcil's attention over the last year.
ENVIRONMENTAL REVIEW
The Environmental Coordinator has reviewed the proposed activity (amendment to the
existing Registration of Abandoned Residential Properties Ordinance) for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to
Section 15060(C)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDATION
Council conduct the public hearing, place the following ordinance on first reading and
adopt the resolution.
9-1
Item No: ~
Meeting Date: 1-26-10
Page 2 of 6
BOARDS/COMMISSION RECOMMENDATION
None
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DISCUSSION
The Code Enforcement Division drafted the Abandoned Residential Properties Registration
Ordinance in June of2007, both in response to an increased number of complaints involving
vacant abandoned homes and in anticipation of an unprecedented increase in residential
foreclosures.
The City Council adopted the ordinance in July 2007 and it became effective October of that
same year. Since that time much attention has been given to the Residential Abandoned
Property Program (RAPP). Over 400 jurisdictions from across the nation have contacted the
City's Code Enforcement Division to discuss the ordinance and corresponding program.
Many of these jurisdictions have used it as a template for implementing similar programs
within their communities. The program has been noted and featured in newspaper and
magazine articles across the country. It has been recognized by the League of California
Cities and received a Helen Putnam Award for Excellence in Internal Administration and by
Harvard University as an outstanding program and was a finalist in the Kennedy School -
Ash Institute - Innovations in American Government Award competition. Additionally it
was featured in Congressional Hearings involving the foreclosure crisis.
Vacant financially distressed - abandoned - properties have a negative impact on
surrounding neighborhoods. According to reports form the US Conference of Mayors,
HUD, V A and others; these abandoned unmaintained properties can reduce property values
and marketability for up to a quarter mile. Numerous communities have been severely
impacted by this crisis. The impact in Chula Vista has been lessened by the implementation
of this proactive program. When compared to other fast-growth, high-foreclosure cities that
did not take a proactive approach Chula Vista has seen much less blight and crime resulting
from abandoned properties.
Although a successful model for addressing, as well as preventing, the problems and blight
that are prevalent with abandoned financially distressed properties, there have also been
concerns raised by members of the local real estate industry.
Staff has had numerous meetings with the real estate, lending, foreclosure and field
servicing industries regarding the implementation of the RAP Program and possible
enhancements that are intended to improve the program. These enhancements should make
registration easier and less costly, communication with all parties more readily accessible
and compliance more attainable without weakening staffs ability to enforce the provisions
of the ordinance.
Staff believes that the majority of the concerns listed have been addressed through the
proposed amendments and Council Policy.
9-2
Item No: 3_
Meeting Date: 1-26-10
Page 3 of 6
In addition staff has made non-substantive changes for clarification and correction of
typographical errors.
The following is a list of the concerns raised with the RAP Program along with staff
responses to those concerns. It is not an exhaustive list, but a summary of the significant
issues staff is aware of:
Not all vacant properties are abandoned. In some instances they are being marketed
during the foreclosure process. Staff response: The proposed ordinance amendments
include a revision to the definition of "abandonment" that will exempt properties "currently
being offered for sale, rent or lease" during the foreclosure process.
Although there is a definition for vacant property there is no definition for occupied
property. Staff response: The proposed ordinance amendments include a definition of
"Evidence of Occupancy."
The ordinance requires that the property be inspected but does not define what an
inspection is. Staff response: The proposed ordinance amendments include a definition of
"Inspection. "
The registration requirement of $70..00 per calendar year is not prorated so a property
registered ill December must be reregistered in January at an additional cost of $70.00.
Staff response: The proposed amendments remove the registration renewal requirement and
allow the initial registration to remain valid on a property as long as it is subject to the
ordinance. There was an additional requirement placed on the responsible party to update
City records whenever information required on the registration changes. The update is
required within ten (10) days of the change in information.
In addition stalT is proposing the use of a national electronic registration database as an
alternative to hard copy registration with the City. An electronic database would remove the
requirement to complete a City of ChuIa Vista registration form and submit the $70.00
registration fee. Staff has been recognizing this system as a beta test for the last six months
and is finding it is a successful alternative.
The ordinance requires that the property be kept free of discarded personal items such as
furniture, clothing, appliances etc., but the landlord/tenant law requires that the lender
notifY the borrower alld hold these items for a period of time prior to disposal. Staff
response: The ordinance does not require the lender to dispose of such items. These types of
items may be stored in the interior of the garage or house without being in violation. In
addition, such items may be stored offsite at a mini-storage or similar facility. The proposed
anlendments would add "the exterior" to the section to clarification. "The exterior of
properties subject to this section" must be kept free of such items.
9-3
Item No: L
Meeting Date: 1-26-10
Page 4 of6
The ordinance requires that the landscaping be brought up to a higher standard than the
rest of the neighborhood. StatI response: The existing ordinance requires that properties
subject to the ordinance be maintained to the neighborhood standard, and since the standard
may vary from neighborhood to neighborhood the "Neighborhood Standard" is defined
within the ordinance.
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ilIaintaining to the neighborhood standard is too subjective. What if there is no
landscaping to maintain? Staff response: Although the ordinance defines neighborhood
standard, the proposed amendments would add the caveat, "Insofar as there is existing or
previously existing landscaping. . ." front and visible side yards must be maintained and, "If
no landscaping previously existed at the property in the front and visible side yards,
installation is not required under this ordinance."
Some properties do not have automatic irrigation systems. And, We are in a drought and
need to conserve water. Staff response: The proposed amendments allow the use of "turf
stain," which is an environmentally safe stain/dye that colors dead/dormant vegetation
green. This stain/dye is used on a commercial basis by golf courses and sports teams as well
homeowners and lasts approximately three months. The amendment includes the
requirement to "re-stain" if washed off or faded.
The ordinance requires that gates be secured but fines have been issued even after the
gates were closed and latched. Staff response: Although the ordinance states, "Secure
manner includes but is not limited to the closure and locking of. . . gates .. .", the proposed
amendments would provide the clarification that "Locking includes measures that require a
key, keycard, tool or special knowledge to open or gain access."
Posting a sign with the property manager's name and contact number is only advertising
that the property is a vacant and invites vandals and thieves. Staff response: Unmaintained
vacant properties are attractive to children, vandals and thieves without any signage. The
conditions of unmaintained properties are advertisement enough to identify these properties
for them. Many real estate agents place 6" X 24" red lettered banner signs of
"FORECLOSURE" or "BAt'JK OWNED" atop six foot high tee-signs advertising the
property for sale. Various Internet sites, including those of local real estate
companies/agents, have web pages dedicated to foreclosures and bank owned properties.
Information on the location of these vacant properties is readily available. What isn't readily
accessible to neighbors is the contact information for the party responsible for the property.
In response to the concerns raised, the proposed amendments would reduce the size of the
posting from 18" X 24" to 8 Y," x II," consistent with that required by HOD, V A and other
federal insurers.
Issues voiced by the local real estate industry not amended/addressed III the attached
amendments include:
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Item No: -t!L-
Meeting Date: 1-26-10
Page 5 of6
Requiring a bank to im]Ject and/or take action on property they do not yet own require
that they trespass. Staff response: Trespassing, otherwise referred to as unauthorized entry
of a dwelling unit, requires that a person enter or remain in a dwelling unit without consent
or remain after being advised to leave. The lenders mortgage contract provides them consent
(authorization), from the borrower, to enter, secure, maintain and remedy issues, including
code violations, that could otherwise jeopardize the lenders collateral i.e.: the property. As
such no amendments to these scctions are proposed. In addition, "owners" may not be able
to legally claim trespass on properties they have abandoned.
Fines are too higll and e;'(cessive given the lack of severity of the violations. Staff response:
All propertics subject to this section are issued a Notice of Violation, which includes
advisement of the potential actions and fines if compliance is not obtained within thirty (30)
days. No fines are assessed if compliance is obtained. Many of the properties that have
received fines were later brought into compliance and improved beyond what the ordinance
requires. In these and other cases the fines have been reduced, and even waived based on
timcly compliance, the condition of other properties under the control of the lender/owner
and overall improvements made. In all, nearly 33% of the total of the fines issued under the
program have been reduced/waived.
The cost to appeal City action is too high and should be lowered or removed altogether.
Staff response: The cost (deposit) for filing an appeal is set by CVMC 140.020(C) and is not
exclusive to the RAP Program. Any changes to that section could negatively impact other
departments/divisions that must use the process. It should be noted that the deposit is
returned if the appellant prevails. The deposit is retained by the City to cover additional
costs associated with appeal hearing, if the appeal is denied.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and determined that it is not
site specific and consequently the 500-foot rule found in California Code of Regulations
section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
No impact.
ONGOING FISCAL IMPACT
There could be a slight to moderate reduction in revenue generated from the loss of the
$70 registration fee if lenders avail themselves to the on-line electronic registration
option proposed in the amendments. If 100% of the lenders use the electronic system, the
reduction would be approximately $126,000. Any reduction in revenue will be offset by a
reduction of hourly staff needed to receive and process registration forms and payments.
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ATTACHMENTS
Proposed amendments to CYMC 15.60
Proposed Council Policy governing enforcement of CYMC 15.60
Item No: ~
Meeting Date: 1-26-10
Page 6 01'6
Prepared by: Doug Leeper, Code Enforcement Division !vlanager, Development Services Department
9-6
Ordinance No.
Page 1
ORDINANCE NO. 15.60
,^>MENDMENTS TO THE ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA AMENDING SECTION 15.60 OF
THE MUNICIPAL CODE REQUIRING THE REGISTRATION OF
ABANDONED RESIDENTIAL PROPERTIES
I. Recitals.
WHEREAS, the presence of vacant, abandoned residences can lead to
neighborhood decline; and
WHEREAS, the presence of vacant, abandoned residences can create an
attractive public nuisance; and
WHEREAS, the presence of vacant abandoned residences can contribute
to lower property values; and
WHEREAS, the presence of vacant abandoned residences can
discourage potential buyers from purchasing a home adjacent to or in
neighborhoods with vacant abandoned residences; and
WHEREAS, many vacant abandoned residences are the responsibility of
out of area, out of state lenders and beneficial interests; and,
WHEREAS, in many instances the lenders and beneficial interests fail to
adequately maintain and secure these vacant residences; and
WHEREAS, the city has an obligation to protect its residential
neighborhoods from decline and devaluation; and.
WHEREAS, on July 17, 2007 the City Council met, reviewed and
discussed the proposed ordinance; and,
and
WHEREAS, at that same meeting the City Council passed the ordinance;
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
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Ordinance No.
Page 2
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Section I. That the proposed amendments to the Abandoned Residential
Properly Registration ordinance be enacted as follows:
15.60.010 PURPOSE/SCOPE
It is the purpose and intent of the Chula Vista City Council, through the adoption
of this Chapter, to establish an abandoned residential properly registration
program as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of abandoned
properlies.
Nothinq in this ordinance shall be interpreted to allow or encouraqe
circumvention of the Foreclosure statutes of the Sate of California.
15.60.020 DEFINITIONS
For the purposes of this chapter, cerlain words and phrases used in this chapter
are defined as follows:
"Abandoned" means a properly that is vacant and is under a current Notice of
Default aOOIor Notice of Trustee's Sale, pending T3x I'.sseccors lien 831e and is
not currentlv beinq offered for sale, rent or lease bv the Owner subiect to such
action(s). (Currentlv beinq offered for sale, rent or lease is evidenced bv a siqn
posted on the subiect properly adverlisinq the properly for sale, rent or lease with
contact information and current phone number.) and/or j:}Propertyies that
J:\a.vehas been the subject of a fEoreclosure sale where the title was retained by
the bBeneficiary of 3 deed of trust involved in the fEoreclosure and any
j:}Properlyies transferred under a eDeed in 11ieu of fEoreclosuretsale, whether or
not it the Properly is beinq marketed for sale, rent or lease.
"Accessible properlv" means a j:}Properly or structure that unauthorized persons
may qain access or entry to is 3ccessible through a compromised/breached
/unsecured gate, door, fence, wall, window, or other point of entry etG,.
"Accessible structure" me3ns 3 structure/building th3t is unsecured and/or
breached in (;UGh 3 W3Y as to 3110'.'1 3ccese to the interior space by un3uthorized
persons.
"Aqreement" means any agreement or written instrument, which provides that
title to residential j:}Properly, shall be transferred or conveyed from one eOwner
to another eOwner after the sale, trade, transfer or exchange.
"/\ssiqnment of Rents" means an instrument that tr3nsfers the benefioial interest
under 3 deed of trust from one lender/entity to another.
"Beneficiary" means a lender or other entity under a note secured by a eDeed of
tIrust.
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Ordinance No.
Page 3
"Buyer" means any person, co-partnership, association, corporation, or fiduciary
wRe- that agrees to transfer anything of value in consideration for ",Eroperty
described in an a6greement of sale, ae defined in thie eubeection.
"DanQeroue buildinq" meanc any building/structure that ie violation of any
condition referenced in CVMC Chapter 15.18.
"Days" means consecutive calendar days.
"Deed of Trust" means an instrument by which title to real estate is transferred to
a third party tlrustee as security for a real estate loan. Used in California instead
of a mortgage. This definition applies to any and all subsequent ElDeeds of tlrust
i.e.: 2nd tIrust ElDeed, 3rd tlrust ElDeed, etc.
"Deed in ILieu of fForeclosurefsaie" means a recorded document that transfers
ownerehip of-a.-t:lProperty from the tlrustor to the holder of a ElDeed of tIrust
upon consent of the e~eneficiary of the ElDeed of tlrust.
"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 J\seessor'e Lien Sale or there has
beenj! forecloseGure HflBfl-by the tlrustee or has been conveyed to the
eBeneficiary/tlrustee via a Deed in 11ieu of Foreclosurefsaie.
"Evidence of vVacancy" means any condition visible from the exterior 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 by neighbors, passersby,
delivery agents, government employees that the property is vacant.
"Evidence of Occupancy" means any condition visible from the exterior that on its
own, or combined with other conditions present would lead a reasonable person
to believe that the property is leqallv occupied. Such conditions include but are.
not limited to securedllocked structures, active utilitv services, the absence of
overqrown and/or dead veqetation, the absence of an accumulation of
newspapers, circulars, flyers and/or mail, the absence of an accumulation of
trash, junk and/or debris, the presence of window coverinqs such as curtains,
blinds and/or shutters, the presence of furnishinqs and/or personal items
consistent with residential habitation, statements by neiQhbors. passersby,
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Ordinance No.
Page 4
deliverv aGents, Government employees that the property is leqally occupied or
actual contact with occupants.
"Field Service Provider" means an individual. entity or department that is
responsible for inspectinG, securinG, and maintaininG V3c::mt fin3nci311v
distret:t:ed or Abandoned Property.
"Foreclosure" means the process by which a f'Property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the tlrustor (borrower)
eDefaults.
"Inspection" means a physical investiGation at a Property to obtain Evidence of
Occupancy or Vacancy and/or to verify compliance with this ordinance and any
other applicable code or law. AlthoUGh interior inspections may be allowed under
a Deed of Trust they are not reGuired by this ordinance.
"1Qg!" moans within forty (~O) ro;)d/driving milea distance of tho subject
property.
"NeiGhborhood sStandard" means those conditions that are present on a simple
majority of properties within a three hundred (300) foot radius of an individu;)1 the
subiect f'Property. A f'Property that is the subject of a neighborhood standard
comparison, or any other aAbandoned f'Eroperty within the three hundred (300)
foot radius, shall not be counted toward the simple majority.
"Notice of Default" means a recorded notice that a eDefault has occurred,under a
eDeed of tIrust and that the eBeneficiary intends to proceed with a tIrustee's
sSale.
"Out of :Ire;)" meant: in exceas of forty (40) ro;)d/<lriving miles distance of the
subject property.
"Owner" means any person, co-partnership, association, corporation, or fiduciary
having a legal or equitable title or any interest in any real property.
"Ownor of record" meana the pcrt:on having recorded title to tho property at any
givon point in time the record it: provided by the San Diego County Recorders
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.
"Property Preservation/Real Estate Owned (REO) section/department" means
entity. Group, section, department or the desiGnee of a Beneficiarv that is
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Ordinance No.
Page 5
responsible for inspectinq, securinq and maintaininq Abandoned and REO
Property.
"Residential buildinq" means any improvod re31 pProperty, or portion thereof,
situated in the city, designed or permitted to be used for dwelling purposes, and
shall include tRe-~buildings and structures located on such ~
~Property. This includes any ~Property being offered for sale, trade, transfer,
or exchange as "residential" whether or not it is legally permitted and/or zoned for
such use.
"Responsible Party" means the Beneficiary interest that is pursuinq Foreclosure
of a Property subiect to this ordinance secured by a mortqaqe, Deed of Trust or
similar instrument or a Property that +5 has been acquired by the Beneficial
interest at Trustee's Sale.
"Securinq" means such measures as may be directed by the Director of Pkmning
3nd Building Development Seryices or his or her designee so that the Property is
not assist in rendering the property inaAccessible to unauthorized persons,
including but not limited to the repairing of fences and walls, chaining/pad locking
of gates, the repair or boarding of door, window and/or other openings. Boarding
shall be completed to a minimum of the current HUD securing standards at the
time the boarding is completed or required. Lockinq includes measures that
require a key, keycard, tool or special knowledqe to open or qain access.
"Substitution of Beneficiary of Deed of Trust" means an instrument that transfers
the beneficial interest under a Deed of Trust from one lender/entity Beneficiary to
another.
"Trustee" means is the person, firm. entity, or corporation holding a Deed of
Trust secured by the Doed of Trust on a !Q..Q..property. secured pursu3nt to Deed
of Trust.
"Trustor" means is a borrower under a dDeed of tlrust, who deeds property to a
tlrustee as security for the payment of a debt.
"Turf Stain" means the application of an environmentally safe stain or dye that
colors dead/dormant veqetation qreen.
"Vacant" means a building/structure that is not legally occupied.
15.60.030 RECORDATION OF TRANSFER OF LOAN/DEED OF
TRUST/M3SIGNMENT OF RENTS SUBSTITUTION OF BENEFICIARY OF
DEED OF TRUST
Within ten (10) days of the purchase and/or transfer of a 10an/dDeed of tlrust
secured by residential ~Property the new eBeneficiary/trustee shall record, with
the San Diego County Recorders Office, an /\ssignment of Rents Substitution of
Beneficiary of Deed of Trust, or similar document, that lists the name of the
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Ordinance No.
Page 6
corporation, entity and/or individual, the mailing address and contact phone
number of the new eBeneficiary/truetoo responsible for receiving payments
associated with the 10an/eDeed of tlrust.
15.60.040 REGISTRATION
Any Responsible Partyte!2.eneficiary/truetoo, '.vho holde a dood of truet on a
proporty locatod within tho City of Chula Vieta or their desiqnee, shall perform an
inspection of the f3Property that is the security for the ElDeed of tlrust, upon
default by the tlrustor, prior to within ten (10) days of recording a Notice of
Default with the San Diego County Recorders Office. If the property is found to
be vacant or shows evidence of vacancy, it is, by this chapter, deemed
abandoned and the Responsible Partyte!2.eneficiary/truetoo shall, within ten (10)
days of the inspection, register the f3Property~ with tho Diroctor of Pl3nning and
Building or his or hor dosignoo on forms providod by tho City.
Reqistration may be accomplished by either of the followinq methods:
1. By completinq and returninq to the Director of Development Services
Department or his/her desiqnee a City provided reqistration form with
required fee or
2. By reqisterinq with a City-approved national database that contains the
information set out below and which service the City may access at no
cost.
Nothinq in this section shall prohibit the use of both methods of reqistration.
From time to time, the City Manaqer may approve an acceptable national
database(s) which shall be identified in writinq and which shall be posted in the
Development Services Department and on the City's web-site.
If the f3Property is occupied but remains in eDefault it shall be inspected by the
responsible party/e!2.eneficiary/trustoe, or His- their designee, monthly until 1)
+!he trustor or another ef-party remedies the eDefault or 2) tjt is found to bo
"C1cant or chows evidonco of "acancy at which timo it ie deemed aAbandoned,
aREl-the Responsible Party/Beneficiary or their desiqnee trustoo shall, within ten
(10) days of that inspection, register the f3Eroperty with tho Diroctor of Pl3nning
and Building or hie dosignoo on f-orme providod by tho City. as described above.
In oithor caso tlhe registration shall contain the name of the
e!2.eneficiary/Responsible Partvtrustoo (corporation, ontit" or indi'liduClI), the
direct streeUoffice mailing address of the Responsible Party/e!2.eneficiaryl trustoo
(no P. O. Boxes), a direct contact name and phone number for the Responsible
Partv/eBeneficiary/trustoo and, in tho caw of a corporation or out of aroCl
roeponsiblo party/ bonoficiClry/trustoo, tho local proporty managomont company
and the name address and phone number of the property manaqement
companv, Field Service Provider, Property Preservation or Real Estate Owned
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Ordinance No.
Page 7
(REO) section/department responsible for the inspectinq. securillilfy,
maintaininqenance and markoting-ef-the j:lProperty. Rogistratien foos will not bo
pror:Jtod.
In the case of hard copy reqistration under 15.60.040 (1) (option one (1) Iistod
abovo) Agn annual initial registration fee shall accompany the registration form.
The feo and rogistration shall be valid f{)r tho calond:Jr yoar, or rom:Jining portion
of tho c:Jlondar YO:Jr, in which tho rogistration was initblly requirod. Subsoquont
rogistmtions and fees :Jro duo J::muary 151 of o:Jch year :md must be rocoived no
btor than January 31 of tho YO:Jr duo. The reqistration shall be valid for as lonq
as the reqistered Property remains subject to this ordinance. Any chanqes to the
information required on the reqistration shall be reported to Director of
Development Services Department or his/her desiqnee in writinq within ten (10)
days of the chanqe. The City is not responsible to verify the accuracy of the
information provided.
This section shall also apply to j:lPropertyies that ha~ve been the subject of a
fEoreclosure sale--where the title was transferred to the sBeneficiary of a dDeed
of tIrust involved in the fEoreclosure and any j:lPropertyies transferred under a
dDeed in 11ieu of fEoreclosurelsale.
Propertyies subject to this chapter shall remain under the :Jnnual registration
requirement, security and maintenance standards of this section as long as they
remain~ v3cantAbandoned. .
I\ny porson, firm or corpomtion th3t has rogistorod 3 proporty undor this chapter
must report 3ny ch3nge of inf{)rmation cont3inod in tho rogistmtion within ton (10)
days of tho ch3ngo.
It is the obliqation of the Responsible Party/Beneficiary/Owner to inform the City
of any pendinq action. such as a bankruptcy. other court or administrative action
that would prohibit the Responsible Party/Beneficiary/Owner from takinq any of
the actions required in this ordinance.
15.60.050 MAINTENANCE REQUIREMENTS
The exterior of the p.Propertyies subjoct to this soction shall be, in comparison to
the flNeighborhood sStandard, kept free of weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers, circulars,
flyers, notices, 3ccopt 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 j:lProperty is aAbandonedo
The j:lProperty shall be maintained free of graffiti, tagging or similar markings by
removal or painting over with an exterior grade paint that closely matches the
color of the exterior of the structure.
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In so far as there is existinq or previously existinq landscapinq all Vyisible front
and side yards shall be bndecaped and maintained to the flNeighborhood
s9.tandard at the time registration was required. If no landscapinq previously
existed at the property in front and visible side yards, installation is not required
under this ordinance.
Landscape includes, but is not limited to, grass, turf stain, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential installation.
Landscape does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, mulch, unless applied in coniunction with
reseedinq of turf areas, indoor-outdoor carpet or any similar material.
Maintenance includes, but is not limited to regular watering, irrigation, staininq,
re-staininq, cutting, pruning and mowing of required landscaped and removal of
all trimmings.
Pools and spas shall be kept in working order so the water remains clear and
free of pollutants and debris or drained and kept dry. In either case flPropertyie&
with pools and/or spas must comply with the minimum security fencing
requirements of the Slate of California.
Adherence to this section does not relieve the bBeneficiary/Responsible Party
trustee or property owner of any obligations set forth in any Covenants
Conditions and Restrictions and/or Home Owners Association rules and
regulations which that may apply to the-flProperty.
15.60.060 SECURITY REQUIREMENTS
Propert'Lie& subject to this section shall be maintained in a secure manner so as
not to be aAccessible to unauthorized persons.
Secure manner includes but is not limited to the closure and locking of windows,
doors (walk-through, sliding and garage) gates and any other opening~ of such
size that leave it may allow a child to accees the interior of the property and or
etructure(e)Accessible. In the case of broken windows securing means the
reglazing or boarding of the window. Lockinq includes measures that require a
key. keycard, tool or special knowledqe to open or qain access.
If the property is owned by a corporLItion and!or out of area beneficiary/trustee!
owner, a local property management company shall be contrLIcted to perf-orm
weekly inspections to verify that the requirements of this section, and any other
applicable b'NS, are being met.
9-14
Ordinance No.
Page 9
The Property Precer/3tion/Re31 Ect3te Owned cection/dep3rtment of the
Responsible Party/Beneficiary or their desiqnee shall perform month Iv
inspections to verify that the requirements of this ordinance seetion, and anv
other applicable Iawc, are beinq met.
If the Responsible Party/Beneficiary does not have a Property reservation or
Real Estate Owned section/department a Field Service Provider or property
manaqer shall be contracted to perform the inspection to verify that the
requirements of this section, and any other applicable laws, are beinq met.
The property shall be posted with name and 24-hour toll free contact phone
number of the local property m:lnagement comp:my Beneficiary or Property
Preservation, Real Estate Owned section/department. Field Service Provider or
property manaqer. The posting shall be no less than 18" X 21" 8 )1," X 11" aM
sh311 be of a font th3t ie legible from 3 dist3nce of fDrty five (15) feet and shall
contain, along with the name and 24-hour toll free contact number, the words
"THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR
CONCERNS CALL" or similar. The posting shall be placed in a window adiacent
to the entry door or attached to the exterior of the entry door. on the interior of a
window being the street to the front of the property so it is visible from the ctreet,
or secured to the exterior of the building/structure bcing the street to the front of
the property so it is ',isible from the street or if no !':Uch area existc, on 3 ctake of
sufficient size to support the posting in 3 loc3tion th3t is ViSU31 from the street to
the front of the property but not rC3dily 3ccessible to v3ndals. Exterior posting
must be constructed of and printed with, or contained in weather resistant
materials.
The loc31 property m3nagement comp3nyPropertv Preservation/Real Estate
Owned section/department, Field Service' Provider, property manaqer or their
desiqnee shall inspect the property on a weekly monthlv basis to determine if the
property is in compliance with the requirements of this ch3pter ordinance.
15.60.070 ADDITIONAL AUTHORITY
In addition to the enforcement remedies established in Chapters 1.20, 1.30 and
1.41, the Director of PI3nning 3nd Building Development Services or his or her
designee shall have the authority to require the Responsible Partv/sBeneficiaryl
trustee/owner 3nd/or owner of record of 3ny j:}Property affected by this section, 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 j:}Property.
15.60.080 FEES
The fee for registering an Abandoned Residential Property shall be set by
resolution of the City Council.
9-,15
Ordinance No.
Page 10
15.60.90 ENFORCEMENT
Violations of this chapter may bJL be enforced in any combination as allowed in
Chapters 1.20, 1.30 and 1.41.
15.60.100 APPEALS
Any person aggrieved by any of the requirements of this section my- ...!TIillL.appeal
insofar as such appeal is allowed under Chapter 1.40.
15.60.11 0 VIOLATION/PENALTY
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 section
shall be subject to prosecution and/or administrative enforcement under
Chapters 1.20 and 1.41.
-15.60.120 SEVERABILITY
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, sentencesor words of this chapter shall remain in full force
and effect. .
Section II. Effective Date
This ordinance shall take effect and be in full force on the 30th day from
and after its second reading.
Presented by
Approved as to form by
Gary Halbert
Director of Development Services
Bart Miesfeld
City Attorney
9-16
SUBJECT:
Enforcement of Chula Vista Municipal
Code Section 15.60
COUNCIL POLICY
CITY OF CHULA VlST A
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
10F4
ADOPTED BY: Resolution 2009-
AMENDED BY:
BACKGROUND
I DATED:
This policy is part of the City's overall enforcement program for addressing and eliminating blight and
stabilizing neighborhood decline. Enforcement of CVMC 15.60, addressing the visual blight and
negative impact caused by vacant financially distressed properties, is an important part of the City's
overall program.
PURPOSE
The purpose of this policy is to set a standard of enforcement that meets both the needs of the
community that is negatively impacted by these unmaintained properties and the mortgage/real estate
industry that is charged with maintaining, marketing and financing them.
POLICY
T PRIORITY
Code enforcement staff shall be responsive to complaints received regarding properties that fall under
the authority of CVMC 15.60. Complaints should be triaged and responded to based on their severity
and risk to health and safety or visual blight vs. administrative violations. The following are suggested
levels of response:
T "V,,] ]
H""lth end S"f'"ty
Examples: Open and accessible structures. Unmaintained pools/spas. Unsecured pools/spas.
Abandoned appliances that create an attractive nuisance to children. High dry weeds and/or
dead vegetation (trees, shrubs etc.) and/or excessive combustible materials that may create a
fire hazard or readily increase the spread of fire. Discarded/abandoned chemicals, hazardous
materials and/or any substance that may present a risk to the environment. Any other
condition that on its own or combined with other conditions may cause a threat to health and
safety.
["V,,] 7
VislI:ll Rliaht
~
Examples: Overgrown/dead/missing landscape that does not meet the neighborhood
standard. Trash, junk and debris. Discarded/abandoned items such as clothing, furniture,
builJing materials etc. Inoperable and/or abandoned vehicles and vehicle parts. Grafftti.
Accessible rear yards. Any other condition that on its own or combined with other
conditions creates visual blight and/or an attractive nuisance.
9-17
SUBJECT:
Enforcement of Chula Vista Municipal
Code Section 15.60
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
2 OF 4
ADOPTED BY: Resolution 2009-
I DATED:
AMENDED BY:
T eve 1 1
Anmlnlstr:1tlvp. Vinht;nns
Examples: Lack of or improper registration. Lack of or improper posting.
IT TNSPFf:TTONS
Inspections should be thorough, and care shall be taken to verify that the property falls under the
authority of CVMC 15.60 - vacant and under recorded Notice of Default. Officers and staff shall
attempt to make contact at the subject property and gather evidence that supports vacancy or legal
occupancy as stated in CVMC 15.60. Once it has been determined that the property is vacant, officers
shall perform an inspection to determine not only violations of CVMC 15.60, but any other violation
of law that may create a hazard to life and safety, an attractive nuisance and/or visual blight.
While in the area of the subject property, officers should be alert to other properties that exhibit signs
of violations ofCVMC 15.60, which may require similar investigation.
TTT NOTTFWATTON FTNFS AND PFNAT TTFS
.
Code enforcement officers and staff shall research pertinent records to determine ownership and
foreclosure status of the subject property as well as the names and addresses of all recorded interests
and responsible parties.
Notice of violations observed at the property shall be provided in writing to all recorded interests via
I st_class and certified mail to the address or addresses provided on registration forms, both hard copy
and electronic, and title documents recorded with the San Diego County Recorders Office.
Code enforcement officers and staff shall identify and list all violations observed at the property,
provide the corrective action required, advise of the consequences and penalties for non-compliance
and, in non-emergency situations, allow a minimum of thirty (30) calendar days for compliance.
As allowed in CVMC 1.41.110 (E), fines and penalties for non-compliance should be assessed based
on their severity and negative impact on the surrounding neighborhood. Code enforcement officers
and staff should also take into consideration the duration of the violation(s), frequency of the
violation(s), history of the violation(s), the financial ability of the responsible party to correct the
violation(s) in a timely manner and any good or bad faith efforts to resolve violations. The following
civil penalties are suggested:
9-18
SUBJECT:
Enforcement of Chula Vista Municipal
Code Section 15.60
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
3 OF 4
ADOPTED BY: Resolution 2009-
AMENDED BY:
I DATED:
T f'Vf'll
Hf'"lth "no S"fety $500 per day
Examples: Open and accessible structures. Unmaintained pools/spas. Unsecured pools/spas.
Abandoned appliances that creatc an attractive nuisance to children. High dry weeds and/or
dead vegetation (trees, shrubs etc.) and/or excessive combustible materials that may create a
fire hazard or readily increase the spread of fire. Discarded/abandoned chemicals, hazardous
materials and/or any substance that may present a risk to the environment. Any other
condition that on its own or combined with other conditions may cause a threat to health and
safety.
T f'vf'l?
Vi","! Rlie:ht $250 per day
Examples: Overgrown/dead/missing landscape that does not meet the neighborhood
standard. Trash, junk and debris. Discarded/abandoned items such as clothing, furniture,
building materials etc. Inoperable and/or abandoned vehicles and vehicle parts. Graffiti.
Accessible rear yards. Any other condition that on its own or combined with other
conditions creates visual blight and/or an attractive nuisance. Note: Small amounts of litter,
windblown trash or door-to-door delivered periodicals or advertisements do not, on their
own, qualify as trash, junk and debris.
T evp.l1
AoministrMivf' Vioht;ons $100 per day
Examples: Lack of or improper registration. Lack of or improper posting.
The potential of fines and penalties is intended to motivate compliance, which in turn helps to
stabilize the surrounding neighborhood, increasing marketability and property values. Under CYMC
15.60, once issued, the Code Enforcement Manager or his/her designee may reduce fines and
penalties. The amount of reduction shall be based on good faith efforts of the responsible party to
bring the subject property into ,compliance and any additional open cases involving the same
responsible party and the condition of other properties under the authority of the same responsible
party and any other information that may be known to the Code Enforcement Manager or his/her
designee.
Fines and penalties issued under the authority of CYMC 15.60 during the recorded default prior to
foreclosure (Trustee's) sale may be reduced up to 33% provided all violations are corrected within
thirty (30) days of the foreclosure (Trustee's) sale. Documentation of sale date and completed
correction within thirty (30) days shall be the responsibility of the entity requesting the reduction
9-19
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Enforcement of Chula Vista Municipal POLICY EFFECTIVE
Code Section 15.60 NUMBER DATE PAGE
40F4
ADOPTED BY: Resolution 2009- I DATED:
AMENDED BY:
.
In the case of a "short sale" where the borrower in default has received approval from the lender to
sell the property for less the amount owed and the borrower has entered into a valid sales contract the
Code Enforcement Manager or his/her designee shall waive all Civil Penalties assessed against the
property under CVMC 15.60 to allow for completion of the sale without additional penalty to the
borrower. Full cost recovery shall be charged and collected as instructed in Section IV.
TV FTJT T C'OST RFC'OVFRY
Code enforcement officers and staff shall track all staff time expended at each property in violation.
Those properties that are not brought into compliance within the thirty (30) day time frame allowed in
the Notice of Violation (or any extension that has been granted) shall be issued a Full Cost Recovery
Notice and Invoice. Full Cost Recovery shall not be subject to reduction or waiver.
V C'OMPT TANC'F AGRFFMFNTS
Illegal construction, conversions and additional dwelling units should not, in most cases, be assessed
fines and penalties for non-compliance. In the alternative, the Notice of Violation addressing these
violations shall be recorded with the San Diego County Recorders Oftice as soon as possible to
provide the responsible party relief from correction and reasonable notice to all potential subsequent
interests. The responsibility for correcting illegal construction, conversions and additional dwelling
units may be transferred to the purchaser upon entering into a Compliance Agreement. Such
agreements shall provide the purchaser not more than one hundred eighty (180) days from the close of
escrow to remedy the illegal construction, conversion and/or additional dwelling unites). Restrictions
for use may be written into such agreements as may be necessary to protect potential inhabitants.
VI AOnTTTONAT ATITHORTTY
Nothing in this policy shall restrict or inhibit code enforcement ofticers and staff from exercising the
City's summary abatement powers as stated in CVMC 1.30.030.
9-20
ORDINANCE NO. 15.60
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTION 15.60 OF
THE MUNICIPAL CODE REQUIRING THE
REGISTRATION OF ABANDONED RESIDENTIAL
PROPERTIES
I. Recitals.
WHEREAS, the presence of vacant, abandoned residences can lead to
neighborhood decline; and
WHEREAS, the presence of vacant, abandoned residences can create an
attractive public nuisance; and
WHEREAS, the presence of vacant abandoned residences can contribute
to lower property values; and
WHEREAS, the presence of vacant abandoned residences can
discourage potential buyers from purchasing a home adjacent to or in
neighborhoods with vacant abandoned residences; and
WHEREAS, many vacant abandoned residences are the responsibility of
out of area, out of state lenders and beneficial interests; and,
WHEREAS, in many instances the lenders and beneficial interests fail to
adequately maintain and secure these vacant residences; and
WHEREAS, the city has an obligation to protect its residential
neighborhoods from decline and devaluation; and.
WHEREAS, on July 17, 2007 the City Council met, reviewed and
discussed the proposed ordinance; and,
and
WHEREAS, at that same meeting the City Council passed the ordinance;
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does
hereby ordain as follows:
Section I. That the proposed amendments to the Abandoned Residential
Property Registration ordinance be enacted as follows:
9-21
Ordinance No.
Page 2
15.60.010 PURPOSE/SCOPE
It is the purpose and intent of the Chula Vista City Council, through the adoption
of this Chapter, to establish an abandoned residential property registration
program as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of abandoned
properties.
Nothing in this ordinance shall be interpreted to allow or encourage
circumvention of the Foreclosure statutes of the Sate of California.
15.60.020 DEFINITIONS
For the purposes of this chapter, certain words and phrases used in this chapter
are defined as follows:
"Abandoned" means a property that is vacant and is under a current Notice of
Default or Notice of Trustee's Sale and is not currently being offered for sale, rent
or lease by the Owner subject to such action(s), (Currently being offered for sale,
rent or lease is evidenced by a sign posted on the subject property advertising
the property for sale, rent or lease with contact information and current phone
number and/or Property that has been the subject of a Foreclosure sale where
the title was retained by the Beneficiary involved in the Foreclosure and any
Property transferred under a Deed in Lieu of Foreclosure, whether or not it the
Property is being marketed for sale, rent or lease.
"Accessible" means a Property or structure that unauthorized persons mOlY gain
access or entry to through a compromised/breached /unsecured gate, door,
fence, wall, window, or other point of entry .
"Aqreement" means any agreement or written instrument, which provides that
title to residential Property, shall be transferred or conveyed from one Owner to
another Owner after the sale, trade, transfer or exchange.
"Beneficiary" means a lender or other entity under a note secured by a Deed of
Trust.
"Buver" means any person, co-partnership, association, corporation, or fiduciary
that agrees to transfer anything of value in consideration for Property described
in an Agreement of sale.
"Davs" means consecutive calendar days.
"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.
9-22
Ordinance No
Page 3
"Deed in Lieu of Foreclosure" means a recorded document that transfers
Property from the Trustor to the holder of a Deed of Trust upon consent of the
Beneficiary of the Deed of Trust.
"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 or there has been a foreclosure by the Trustee or has
been conveyed to the Beneficiary/Trustee via a Deed in Lieu of Foreclosure.
"Evidence of Vacancy" means any condition visible from the exterior 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 by neighbors, passersby,
delivery agents, government employees that the property is vacant.
"Evidence of Occupancy" means any condition visible from the exterior that on its
own, or combined with other conditions present, would lead a reasonable person
to believe that the property is legally occupied. Such conditions include but are
not limited to secured/locked structures, active utility services, the absence of
overgrown and/or dead vegetation, the absence of an accumulation of
newspapers, circulars, flyers and/or mail, the absence of an accumulation of
trash, junk and/or debris, the presence of window coverings such as curtains,
blinds and/or shutters, the presence of furnishings and/or personal items
consistent with residential habitation, statements by neighbors, passersby,
delivery agents, government employees that the property is legally occupied or
actual contact with occupants.
"Field Service Provider" means an individual, entity or department that is
responsible for inspecting, securing, and maintaining Abandoned Property.
"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.
"Inspection" means a physical investigation at a Property to obtain Evidence of
Occupancy or Vacancy and/or to verify compliance with this ordinance and any
other applicable code or law. Although interior inspections may be allowed under
a Deed of Trust they are not required by this ordinance.
9-23
Ordinance No.
Page 4
"Neiqhborhood Standard" means those conditions that are present on a simple
majority of properties within a three hundred (300) foot radius of the subject
Property. A Property that is the subject of a neighborhood standard comparison,
or any other Abandoned Property within the three hundred (300) 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.
"Owner" means any person, co-partnership, association, corporation, or fiduciary
having a legal or equitable title or any interest in any real property.
"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.
"Property Preservation/Real Estate Owned (REO) section/department" means
entity, group, section, department or the designee of a Beneficiary that is
responsible for inspecting, securing and maintaining Abandoned and REO
Property.
"Residential" means any Property, or portion thereof, situated in the city,
designed or permitted to be used for dwelling purposes, and shall include all
buildings and structures located on such Property. This includes any Property
being offered for sale, trade, transfer, or exchange as "residential" whether or not
it is legally permitted and/or zoned for such use.
"Responsible Party" means the Beneficiary that is pursuing Foreclosure of a
Property subject to this ordinance secured by a mortgage, Deed of Trust or
similar instrument or a Property that has been acquired by the Beneficial interest
at Trustee's Sale.
"Securinq" means such measures as may be directed by the Director of
Development Services or his or her designee so that the Property is not
Accessible to unauthorized persons, including but not limited to the repairing of
fences and walls, chaining/padlocking of gates, the repair or boarding of door,
window and/or other openings. Boarding shall be completed to a minimum of the
current HUD securing standards at the time the boarding is completed or
required. Locking includes measures that require a key, keycard, tool or special
knowledge to open or gain access.
"Substitution of Beneficiary of Deed of Trust" means an instrument that transfers
the beneficial interest under a Deed of Trust from one Beneficiary to another.
9-24
Ordinance No.
Page 5
"Trustee" is the person, firm, entity, or corporation holding a Deed of Trust
. secured by the Property.
"Trustor" is a borrower under a Deed of Trust, who deeds property to a Trustee
as security for the payment of a debt.
"Turf Stain" means the application of an environmentally safe stain or dye that
colors dead/dormant vegetation green.
"Vacant" means a building/structure that is not legally occupied.
15.60.030 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/
SUBSTITUTION OF BENEFICIARY OF DEED OF TRUST
Within ten (10) days of the purchase and/or transfer of a loan/Deed of Trust
secured by residential Property the new Beneficiary shall record, with the San
Diego County Recorders Office, a Substitution of Beneficiary of Deed of Trust, or
similar document, that lists the name of the corporation, entity and/or individual,
the mailing address and contact phone number of the new Beneficiary
responsible for receiving payments associated with the loan/Deed of Trust.
15.60.040 REGISTRATION
Any Responsible Party/Beneficiary or their designee shall perform an inspection
of the Property that is the security for the Deed of Trust, upon default by the
Trustor, within ten (10) days of recording a Notice of Default with the San Diego
County Recorders Office. If the property is found to be vacant or shows evidence
of vacancy, it is, by this chapter, deemed abandoned and the Responsible
Party/Beneficiary shall, within ten (10) days of the inspection, register the
Property.
Registration may be accomplished by either of the following methods:
1. By completing and returning to the Director of Development Services
Department or his/her designee a City provided registration form with
required fee or
2. By registering with a City-approved national database that contains the
information set out below and which service the City may access at no
cost.
Nothing in this section shall prohibit the use of both methods of registration.
From time to time, the City Manager may approve an acceptable national
database(s) which shall be identified in writing and which shall be posted in the
Development Services Department and on the City's web-site.
9-25
Ordinance No.
Page 6
If the Property is occupied but remains in Default it shall be inspected by the
responsible party/Beneficiary, or their designee, monthly until 1) the trustor or
another party remedies the Default; or 2) it is deemed Abandoned. The
Responsible Party/Beneficiary or their designee shall, within ten (10) days of that
inspection, register the Property as described above.
The registration shall contain the name of the Beneficiary/Responsible Party, the
direct street/office mailing address of the Responsible Party/Beneficiary (no P. O.
Boxes), a direct contact name and phone number for the Responsible
Party/Beneficiary and the name, address and phone number of the property
management company, Field Service Provider, Property Preservation or Real
Estate Owned (REO) section/department responsible for inspecting, securing,
maintaining the Property.
In the case of hard copy registration under 15.60.040 (1), initial registration fee
shall accompany the registration form. The registration shall be valid for as long
as the registered Property remains subject to this ordinance. Any changes to the
information required on the registration shall be reported to the Director of
Development Services Department or his/her designee in writing within ten (10)
days of the change. The City is not responsible to verify the accuracy of the
information provided.
This section shall also apply to Property that has been the subject of a
Foreclosure where the title was transferred to the Beneficiary of a Deed of Trust
involved in the Foreclosure and any Property transferred under a Deed in Lieu of
Foreclosure.
Property subject to this chapter shall remain under the registration requirement,
security and maintenance standards of this section as long as the Property
remains Abandoned.
It is the obligation of the Responsible Party/Beneficiary/Owner to inform the City
of any pending action, such as a bankruptcy, other court or administrative action
that would prohibit the Responsible Party/Beneficiary/Owner from taking any of
the actions required in this ordinance.
15.60.050 MAINTENANCE REQUIREMENTS
The exterior of the Property shall be, in comparison to the Neighborhood
Standard, kept free of 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.
9-26
Ordinance No.
Page 7
The Property shall be maintained free of graffiti, tagging or similar markings by
removal or painting over with an exterior grade paint that closely matches the
color of the exterior of the structure.
Insofar as there is existing or previously existing landscaping, all visible front and
side yards shall be maintained to the Neighborhood Standard at the time
registration was required. If no landscaping previously existed at the property in
front and visible side yards, installation is not required under this ordinance.
Landscape includes, but is not limited to, grass, turf stain, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential installation.
Landscape does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, mulch (unless applied in conjunction with
reseeding of turf areas), indoor-outdoor carpet or any similar material.
Maintenance includes, but is not limited to, regular watering, irrigation, staining,
re-staining, cutting, pruning and mowing of required landscaped and removal of
all trimmings.
Pools and spas shall be kept in working order so the water remains clear and
free of pollutants and debris or drained and kept dry. In either case Property with
pools and/or spas must comply with the minimum security fencing requirements
of the State of California.
Adherence to this section does not relieve the Beneficiary/Responsible Party of
any obligations set forth in any Covenants, Conditions and Restrictions and/or
Home Owners Association rules and regulations that may apply to the Property.
15.60.060 SECURITY REQUIREMENTS
Property subject to this section shall be maintained in a secure manner so as not
to be Accessible to unauthorized persons.
Secure manner includes, but is not limited to, the closure and locking of windows,
doors (walk-through, sliding and garage), gates and any other openings of such
size that leave it Accessible. In the case of broken windows securing means the
reglazing or boarding of the window. Locking includes measures that require a
key, keycard, tool or special knowledge to open or gain access.
The Responsible Party/Beneficiary or their designee shall perform monthly
inspections to verify that the requirements of this ordinance are being met.
If the Responsible Party/Beneficiary does not have a Property Preservation or
Real Estate Owned section/department a Field Service Provider or property
9-27
Ordinance No.
Page 8
manager shall be contracted to perform the inspection to verify that the
requirements of this section, and any other applicable laws, are being met.
The property shall be posted with name and 24-hour toll-free contact phone
number of the Beneficiary or Property Preservation, Real Estate Owned
section/department, Field Service Provider or property manager. The posting
shall be no less than 8 y," X 11" and shall contain, along with the name and 24-
hour toll free contact number, the words "THIS PROPERTY MANAGED BY" and
"TO REPORT PROBLEMS OR CONCERNS CALL" or similar. The posting shall
be placed in a window adjacent to the entry door or attached to the exterior of the
entry door. Exterior posting must be constructed of and printed with, or contained
in, weather-resistant materials.
The Property Preservation/Real Estate Owned section/department, Field Service
Provider, property manager or their designee shall inspect the Property on a
monthly basis to determine if the Property is in compliance with the requirements
of this ordinance.
15.60.070 ADDITIONAL AUTHORITY
In addition to the enforcement remedies established in Chapters 1.20, 1.30 and
1.41, the Director of Development Services or his or her designee shall have the
authority to require the Responsible Party/Beneficiary of any Property affected by
this section, 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.
15.60.080 FEES
The fee for registering an Abandoned Residential Property shall be set by
resolution of the City Council.
15.60.90 ENFORCEMENT
Violations of this chapter may be enforced in any combination as allowed in
Chapters 1.20, 1.30 and 1.41.
15.60.100 APPEALS
Any person aggrieved by any of the requirements of this section may appeal
insofar as such appeal is allowed under Chapter 1.40.
15.60.110 VIOLATION/PENALTY
Violations of this chapter shall be treated as a strict liability offense regardless of
intent. Any person, firm and/or corporation that violate any portion of this section
shall be subject to prosecution and/or administrative enforcement under
Chapters 1.20 and 1.41.
9-28
Ordinance No.
Page 9
15.60.120 SEVERABILITY
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.
Section II. Effective Date
This ordinance shall take effect and be in full force on the 30th day from
and after its second reading.
Presented by
Approved as to form by
~~~
Bart Miesfeld
of City Attorney
Gary Halbert, AICP/PE
Deputy City Manager/Director
Development Services
9-29
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A NEW COUNCIL
POLlCY GOVERL'JrNG THE ENFORCEMENT OF
CHULA VISTA MUNICIPAL CODE 15.60
WHEREAS, the presence of vacant, abandoned residences can lead to
neighborhood decline: and
WHEREAS, the presence of vacant, abandoned residences can create an attractive
public nuisance; and
WHEREAS, the presence of vacant abandoned residences can contribute to lower
property values; and
WHEREAS, the presence of vacant abandoned residences can discourage
potential buyers from purchasing a home adjacent to or in neighborhoods with vacant
abandoned residences; and
WHEREAS, many vacant abandoned residences are the responsibility of out of
area, out of state lenders and beneficial interests; and,
WHEREAS, in many instances the lenders and beneficial interests fail to
adequately maintain and secure these vacant residences; and
-,---.
WHEREAS, the City has an obligation to protect its residential neighborhoods
from decline and devaluation; and.
WHEREAS, on July 17, 2007 the City Council met, reviewed and discussed the
proposed ordinance; and,
WHEREAS, at that same meeting the City Council passed the ordinance; and,
WHEREAS, CYMC 15.60 also known as Residential Abandoned Property
Program (RAPP), has been in place and enforced since its passage; and,
WHEREAS, over the last 28 months much attention has been given to the RAP
Program and it has become a model for several other jurisdictions throughout the
country; and
WHEREAS, the RAP Program has been recognized by Harvard University as an
outstanding program and is a finalist in the Ash Institute Kennedy School - Innovations
in American Government Award competition and was featured in Congressional
Hearings involving the foreclosure crisis; and,
9-30
WHEREAS, in response to the criticisms and concerns shared by the local real
estate industry the proposed Council Policy was drafted to provide direction and guidance
to staff that will address and resolve these concerns without weakening the ordinance or
the positive impact it has had in Chula Vista's neighborhoods.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt a new Council Policy governing the enforcement ofChula
Vista Municipal Code Section 15.60.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager/Development
Services Director
~~~ ~-
~~C ~0
Bart C. Miesfeld D 'i /'0-?~
City Attorney . 7
9-31
"
4dd..~on.al ((\..~r~
1~9
Ordinance No.
Page 1
ORDINANCE NO. 15.60
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING SECTION 15.60 OF THE MUNICIPAL CODE
REQUIRING THE REGISTRATION OF ABANDONED
RESIDENTIAL PROPERTIES
I. Recitals.
WHEREAS, the presence of vacant, abandoned residences can lead to
neighborhood decline; and
WHEREAS, the presence of vacant, abandoned residences can create an
attractive public nuisance; and
WHEREAS, the presence of vacant abandoned residences can contribute
to lower property values; and
WHEREAS, the presence of vacant abandoned residences can
discourage potential buyers from purchasing a home adjacent to or in
neighborhoods with vacant abandoned residences; and
WHEREAS, many vacant abandoned residences are the responsibility of
out of area, out of state lenders and beneficial interests; and,
WHEREAS, in many instances the lenders and beneficial interests fail to
adequately maintain and secure these vacant residences; and
WHEREAS, the city has an obligation to protect its residential
neighborhoods from decline and devaluation; and.
WHEREAS, on July 17, 2007 the City Council met, reviewed and
discussed the proposed ordinance; and,
WHEREAS, at that same meeting the City Council passed the ordinance;
and
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows: - -
Section I. That the proposed amendments to the Abandoned Residential
Property Registration ordinance be enacted as follows:
Ordinance No.
Page 2
15.60.010 PURPOSE/SCOPE
It is the purpose and intent of the Chula Vista City Council, through the adoption
of this Chapter, to establish an abandoned residential property registration
program as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of abandoned
properties.
Nothing in this ordinance shall be interpreted to allow or encourage
circumvention of the Foreclosure statutes of the Sate of California.
15.60.020 DEFINITIONS
For the purposes of this chapter, certain words and phrases used in this chapter
are defined as follows:
--
"Abandoned" means a property that is vacant and is under a current Notice of
Default or Notice of Trustee's Sale and is not currently being offered for sale, rent
or lease by the Owner subject to such action(s), (Currently being offered for sale,
rent or lease is evidenced by a sign posted on the subject property beinq listed
as active in the mls or beinq advertised in a commonly used medium for sale of
real estate advertising the property for sale, rent or lease with contact information
and current phone number and/or Property that has been the subject of a
Foreclosure sale where the title was retained by the Beneficiary involved in the
Foreclosure and any Property transferred under a Deed in Lieu of Foreclosure,
whether or not it the Property is being marketed for sale, rent or lease.
"Accessible" means a Property or structure that unauthorized persons may gain
access or entry to through a compromised/breached /unsecured gate, door,
fence, wall, window, or other point of entry .
"Aqreement" means any agreement or written instrument, which provides that
title to residential Property, shall be transferred or conveyed from one Owner to
another Owner after the sale, trade, transfer or exchange.
"Beneficiary" means a lender or other entity under a note secured by a Deed of
Trust.
"Buyer" means any person, co-partnership, association, corporation, or fiduciary
that agrees to transfer anything of value in consideration for Property described
in an Agreement of sale.
"Days" means consecutive calendar days.
"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
J4.dJ 1+1 (7)?eJ klVrtnClhb b
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.
COUNCIL POLICY
CITYOFCBULA VISTA
SllBJECT: Enforcement of Chula Vista Municipal POLICY EFFECTIVE
Code Section 15.60 NUMBER DATE PAGE
IOF4
ADOPTED BY: Resolution 2009- I DATED:
AMENDED BY:
BACKGROUND
This policy is part of the City's overall enforcement program for addressing and eliminating blight and
stabilizing neighborhood decline. Enforcement of CYMe 15.60, addressing the visual blight and
negative impact caused by vacant financially distressed properties, is an important part of the City's
overall program.
PURPOSE
The purpose of this policy is to set a standard of enforcement that meets both the needs of the
community that is negatively impacted by these unmaintained properties and the mortgage/real estate
industry that is charged with maintaining, marketing and financing them.
POLICY
I. PRIORITV
Code enforcement stafT shall be responsive to complaints received regarding properties that fall under
the authority of CYMe 15.60. Complaints should be triaged and responded to based on their severity
and risk to health and safety or visual blight vs. administrative violations. The following are suggested
leveJs of response:
Levell
Health and Safetv
Examples: Open and accessible structures. Unmaintained pools/spas. Unsecured pools/spas.
Abandoned appliances that create an attractive nuisance to children. High dry weeds and/or
dead vegetation (trees, shrubs etc.) and/or excessive combustible materials that may create a
fire hazard or readily increase the spread of fire. Discarded/abandoned chemicals, hazardous
materials and/or any substance that may present a risk to the cnvironment. Any other
condition that on its own or combined with other conditions may cause a threat to health and
safety.
Level 2
Visual Blight
Examples: Overgrown! dead/missi ng landscape that does not meet the neighborhood
standard. Trash, junk and debris. Discarded/abandoned items such as clothing, furniture,
building materials etc. Inoperable and/or abandoned vehicles and vehicle parts. Graffiti.
Accessible rear yards. Any other condition that on its own or combined with other
conditions creates visual blight and/or an attractive nuisance.
..__.__.__.._.._~ - - ~ --_._---_._~..~-~-~-.~-_._------~_.~- -~"----- .---~~-
-
COUNCIL POLICY
"CITY OF CHULA VISTA
,
, POLICY
SUBJECT: Enforcement of Chula Vista Municipal EFFECTIVE
Code Section 15.60 NUMBER DATE PAGE
20F4
ADOPTED BY: Resolution 2009- I DATED:
AMENDED BY:
Level 3
Administrative Violations.
Examples; Lack of or improper registration. Lack of or improper posting.
11. INSPECTIONS
Inspections should be thorough, and care shall be taken to verify that the property falls under the
authority of CYMe 15.60 - vacant and under recorded Notice of Default. Officers and staff shall
attempt to make contact at the subject property and gather evidence that supports vacancy or legal
occupancy as stated in CYMe 15.60. Once it has been detcnnincd that the property is vacant, officers
shall perform an inspection to determine not only violations of CYMe 15.60, but any other violation
oflaw that may create a hanrd to life and safety, an attractive nuisance and/or visual blight.
While in the area of the subject property, officers should be alert to other properties that exhibit signs
of violations ofCVMC 15.60, which may require similar investigation.
Ill. NOTIFICATION. FINES AND PENALTIES
Code enforcement officers and staff shall research pertinent records to detennine ownership and
foreclosure status of the subject property as well as the names and addresses of all recorded interests
and responsible parties.
Notice of violations observed at the property shall be provided in writing to all recorded interests via
I st_class and certified mail to the address or addresses provided on registration forms, both hard copy
and electronic, and title documents recorded with the San Diego County Recorders Office.
Code enforcement officers and staff shall identify and list all violations observed at the property,
provide the corrective action required, advise of the consequences and penalties for non-compliance
and, in non-emergency situations, allow a minimum of thirty (30) calendar days for compliance.
As allowed in CVMC 1.41.110 (E), fines and penalties for non-compliance should be assessed based
on their severity and negative impact on the surrounding neighborhood. Code enforcement officers
and staff should also take into consideration the duration of the violation(s), frequency of the
violation(s), history of the violation(s), the financial ability of the responsible party to correct the
violation(s} in a timely manner and any good or bad faith efforts to resolve violations. The following
civil penalties arc suggested:
---..... ..-.-.--- - ._._._._._..,--~----_..- ~~ - _.....__._-,~-~_._-_._..._.-
COUNCIL POLICY
CITY OF CBULA YISTA
SUBJECT: Enforcement of Chula Vista Municipal POLICY EFFECTIYE
Code Section 15.60 NUMBER DATE PAGE
30114
ADOPTED BY: Resolution 2009- I DATED:
AMENDED BY:
Levell
Health and Safety ~250 Pt?f day for the firs.t;39 ~~ys_?}~d _~??_tp~~A~'(~h~!_~~fl:~~_________________
Examples: Opcn and accessible structures. Unmaintaincd pools/spas. Unsecured pools/spas.
Abandoned appliances that create an attractive nuisance to children. High dry weeds and/or
dead vegetation (trees, shrubs etc.) and/or excessive combustible materials that may create a
fire hazard or readily increase the spread of fire. Discarded/abandoned chemicals, hazardous
materials and/or any substance that may present a risk to the environment. Any other
condition that on its own or combined with other conditions may cause a threat to health and
safety.
Level 2
Visual Blight $150 per day for the first 30 days and $225 per day therafter:.
Examples: Overgrown/dead/missing landscape that does not meet the neighborhood
standard. Trash, junk and debris. Discarded/abandoned items such as clothing, furniture,
building materials etc. Inoperable and/or abandoned vehicles and vehicle parts. Graffiti.
Accessible rear yards. Any other condition that on its own or combined with other
conditions creates visual blight and/or an attractive nuisance. Note: Small amounts of litter,
windblown trash or door-to-door delivered periodicals or advertisements do not on their
own, qualify as trash, junk and debris.
Level 3
Administrative Violations,$_~91?~~_~!l:y"f~~_t~~ fi"~~~ 3Q_days._and $??_ oer dav th_ereafter
Examples: Lack of or improper registration. Lack of or improper posting.
The potential of fines and penalties is intended to motivate compliance, which in turn helps to
stabilize the surrounding neighborhood, increasing marketability and property values. Under CVMC
15.60, once issued, the Code Enforcement Manager or nis/hcr designee may reduce tines and
penalties. The amount of reduction shall be based on good faitn efforts of the responsible party to
bring tne subject property into compliance and any additional open cases involving the same
responsible party and the condition of other properties under the authority of the same responsible
party and any other information that may be known to the Code Enforcement Manager or his/ner
designee.
Fines and penalties issued under tne authority of CVMe 15.60 during the recorded default prior to
foreclosure (Trustee's) sale may be reduced up to 33% provided all violations are corrected \vithin
thirty (30) days of the foreclosure (Trustee's) sale. Documentation of sale date and completed
correction within thirty (30) days shall be the responsibility of the entity requesting the reduction.
In the case of a "short sale" where the borrower in default has received approval from tne lender to
scll the oroperty for less tnc amount owed and the borrower has entered into a valid sales contract the
__---{ Deleted: $500pcrday
_----{ Deleted: $250 per day
_----{ Deleted: $]00 per day
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Enforcement of Chula Vista Municipal POLICY EFFECTIVE
Code Section 15.60 NUMBER DATE PAGE
40F4
ADOPTED BY: Resolution 2009- I DATED:
AMENDED BY:
Code Enforcement Manager or his/her designee shall waive all Civil Penalties assessed against the
property under CYMe 15.60 to allow for completion of the sale without additional penalty to the
borrower. Full cost recovery shall be charged and collected as instructed in Section IV.
IV. FULL COST RECOVERY
Code enforce.ment officers and staff shall track all staff time expended at each property in violation.
Those properties that are not brought into compliance within the thirty (30) day time frame allowed in
the Notice of Violation (or any extension that has been granted) shall be issued a Full Cost Recovery
Notice and Invoice. Full Cost Recovery shall not be subject to reduction or waiver.
V. COMPLIANCE AGREEMENTS
Illegal construction, conversions and additional dwelling units should not, in most cases, be assessed
fines and penalties for non.compliance. In the alternative, the Notice of Violation addressing these
violations shall he recorded with the San Diego County Recorders Office as soon as possible to
provide the responsible party relief from correction and reasonable notice to all potential subsequent
interests. The responsibility for correcting illegal construction, conversions and additional dwelling
units may be transferred to the purchaser upon entering into a Compliance Agreement. Such
agreements shall provide the purchaser not morc than onc hundrcd eighty (ISO) days from the close of
escrow to remedy the illegal construction, conversion and/or additional dwelling unit(s). Restrictions
for usc may be written into such agreements as may be necessary to protect potential inhabitants.
VI. ADDITIONAL AUTHORITY
Nothing in this policy shall restrict or inhibit code enforcement officcrs and staff from exercising the
City's summary abatement powers as stated in CVMC 1.30.030.
--_._---~-~_._.~~ --_._,_._-----~-~--------- - ~- ~-----_.__.__._._--_.._------
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Gail Mumma Presents.......
Before and After
1125 Corte Primavera
720 Marbella Circle
1364 Thunder Springs
1121 California Street
1096 Sunset Crossing
415 Garden Place
1210 Silverado Drive
2933 Manzanita View Road