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HomeMy WebLinkAbout1746 - ORDINANCES - 9/17/2008 ORDINANCE NO. 1746 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES. City Attorney's Summary This Ordinance amends and restates Chapter 8.80 of the City's Municipal Code relating to vacant buildings and the establishment of non-maintained vacant and boarded buildings as public nuisances. The Ordinance also provides for the requirement to register all boarded and vacant buildings with the City and obtain local property management to manage each such property. The Ordinance also provides for an administrative program to monitor all boarded and vacant buildings, the imposition of fees and civil penalties in furtherance of the program, and an opportunity for administrative review and appeal. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 8.80 of the Palm Springs Munici al Code is amended and pP restated to read: Chapter 8.80 Maintenance of Long-Term Boarded and Vacated Buildings Sections 8.80.010 Purposes 8.80.020 Definitions 8.80.030 Owner Responsibilities. 8.80.040 Registration Requirement for Vacant Properties 8.80.050 Registration Fees 8.80.060 Monitoring Program - Purpose. 8.80.070 Monitoring Program -- Departmental Responsibility and Fees. 8.08.080 Local Property Management Requirement 8.80.090 Civil Penalty Ordinance No. 1746 Page 2 8180,010 Purpose A. Vacant buildings are a major cause and source of blight in both residential and non-residential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings (whether or not those buildings are boarded), substandard, or unkempt buildings, and long-term vacancies discourage economic development and retard appreciation of property values. Vacant buildings are potential fire hazards and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant building which is not actively and well maintained and managed can be the core and cause of spreading blight. 8.80.020 Definitions In construing the provisions of this Chapter 8.80 of the Code, the following definitions shall apply: "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. "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. "Boarded building" means a vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the vacant building by persons or animals. "Building" means any structure including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the City's Zoning Ordinance. "Building Official" means the Director of the Department of Building and Safety for the City, or the designee of the Director of Building and Safety. "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". "Deed of Trust" means an instrument whereby an owner of real property, as trustor, transfers a secured 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 property transaction. This definition applies to any and all subordinate deeds of trust i.e., 2"d trust deed, 3`d trust deed, etc. Ordinance No. 1746 Page 3 "Deed in Lieu of Foreclosure" 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 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, regardless of vacancy or occupancy by a person with no legal right of occupancy. "Evidence of Vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or 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. "Local" means within forty (40) driving miles of the building, structure or real property in question. "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. "Trustee" means any person, partnership, association, corporation, fiduciary or other legal entity holding a Deed of Trust securing an interest in real property. Ordinance No. 1746 Page 4 "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/borrower. "Vacant building" means a building where at least thirty-five percent (35%) of the total floor area within the building is not occupied. 8.80.030 Owner Responsibilities. A. No person, corporation or other entity shall allow a building designed for human use or occupancy to stand vacant for more than ninety days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the Building Official that one of the following applies: 1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; 2. The building meets all applicable codes, is actively maintained, and is ready for occupancy, and is actively being offered for sale, lease, or rent; 3. The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include: i. Maintenance of landscaping and plant materials in good condition, ii. Maintenance of the exterior of the building including, but not limited to, paint and finishes, in good condition, iii. Regular removal of all exterior trash, debris and graffiti, iv. Maintenance of the building in continuing compliance with all applicable codes and regulations, V. Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity, vi. Windows screened with opaque material that prevents interior space of the building from being visible from public rights of way or public property. vii. Securing the property in a manner so as not to be accessible to unauthorized persons. 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 of broken windows, securing means replacing the window. B. The owner of any boarded building, whether boarded by voluntary action of the owner, or as a result of enforcement activity by the City, shall cause the boarded building to be rehabilitated for occupancy within ninety (90) days after the building is boarded and shall comply with the provisions of Subsection A of this Section. Ordinance No. 1746 Page 5 8.80.040 Registration Requirement for Vacant Properties. A. Each beneficiary and trustee, who holds a Deed of Trust on a property located within the City of Palms Springs, shall perform an inspection of the property in question prior to recording a Notice of Default or similar instrument with the Riverside County Recorders 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 vacant- B. Within ten (10) days of identification of any vacant property, the beneficiary and trustee must register the property with the Building Director. 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, and is rendered subject to section 8.80.040(B). D. The registration pursuant to section 8.80.040(B) 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 8.80.040(B) shall be renewed annually. F. An annual registration fee, adopted in conformance with Section 8.80.050, 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. & 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 involved in the Foreclosure, and to any properties transferred under a Deed in Lieu of Foreclosure or sale. K 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 Palms Springs Police Department of any change of information contained in the registration within ten (10) days of the change. Ordinance No. 1746 Page 6 J. The duties/obligations specified in this section 8.80.040 shall be joint and several among and between all trustees and beneficiaries and their respective agents. 8.80.050 Registration Fees The fee for registering and re-registering a vacant property shall be set, from time to time, by resolution of the City Council. The amount of the fee charges shall not exceed the reasonable estimated cost of administering the provisions of this chapter. 8.80.060 Monitoring Program - Purpose. A. Vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract transients and criminals, including drug users. Use of vacant buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. B. Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the City needs to monitor vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the Police, Fire, Planning Services, and Building Services Departments. There is a substantial cost to the City for monitoring vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings. The fees for a monitoring program pursuant to the provisions of this Chapter shall be separate from and in addition to any registration fees or administrative citation fines required or otherwise assessed pursuant to the provisions of this Chapter. 8.80.070 Monitoring Program — Departmental Responsibility and Fees. A. Authority. The Building Official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the City. The program shall be documented and regularly updated. The program shall be available for public review- B. Purposes. The purposes of the monitoring program shall be: 1. To identify buildings which become vacant; 2. To order vacant buildings which are open and accessible to be secured against unlawful entry pursuant to Chapter 8 of this Code, including the Building Code; Ordinance No. 1746 Page 7 3. To initiate proceedings against the owner of any vacant building found to be substandard as defined in this Title or a nuisance under Title 11 of this Code; 4. To maintain surveillance over vacant buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a nuisance; and 5. To establish and enforce rules and regulations for the implementation and compliance with the provisions of Section 8.80.020. C. Fee Imposed. There is imposed upon every owner of a vacant building monitored pursuant to this Chapter, an annual vacant building monitoring fee in an initial amount as the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or nonresidential, which: 1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City; or 2. Is vacant for more than ninety (90) days for any reason- D. Fee Waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that: 1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or 2. The building meets all applicable codes and is actively being offered for sale, lease, or rent; or 3. Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building- E. Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor. Any owner billed may apply for a waiver on the grounds set forth in Subsection D of this Section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision. F. Any owner aggrieved by the decision of the Building Official relating to an application for waiver may appeal the Building Official's decision to the Administrative Appeals Board in the manner provided in Chapter 2.50 of this Code. G. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Building Official or the Hearing Officer, the City Council may Ordinance No. 1746 Page 8 thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. H. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee_ 8.08.080 Local Property Management Requirement A. If a property is determined to be vacant, and the property is owned by a corporation and/or out of area beneficiary/trustee/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. B. 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- C. The duties/obligations specified in this section 8.08.080 shall be joint and several among and between all trustees and beneficiaries and their respective agents. 8.80.090 Civil Penalty A. Penalty. Any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter, and causes, permits, or maintains a violation of this chapter as to that property, shall be liable for administrative penalties as follows: 1. On the administrative penalty due date, as determined by a Hearing Officer as described in subsection B of this Section, each party subject to an abatement order shall pay an administrative penalty of one thousand dollars ($1000.00). 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 the Building Official by the thirtieth (30th) day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of two thousand five hundred dollars ($2500.00). Ordinance No. 1746 Page 9 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 the Building Official by the sixtieth (60th) day after the administrative penalty due date, each party subject to said abatement order shall pay a second supplemental administrative penalty of five thousand dollars ($5000.00) for each calendar month, or portion thereof, the building is in violation of the provisions of this Chapter. B. Procedure. 1. The administrative penalty shall be imposed by a Hearing Officer upon the recommendation of the Building Official and after the owner shall have been afforded a hearing before the Hearing Officer. The hearing shall be conducted in accordance with the provisions of Section 11.72.220. In setting the penalty, the Hearing Officer shall consider the severity of the blighting conditions of the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the Hearing Officer shall be final; 2. The administrative penalty shall be due and payable within thirty (30) days after the decision of the Hearing Officer. If the penalty is not paid within forty five (45) days after the decision of the Hearing Officer, the City Council may thereupon order that the penalty be a personal obligation of the property owner or that it be specially assessed against the property involved. If the City Council orders that the penalty be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment; 3. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed, a description of the real property subject to the lien, and the amount of the penalty. C. Waiver. The administrative penalty shall be waived if the Building Official or Hearin Officer finds that imposition of the penalty would work a substantial economic 9 p p Y hardship on the owner or would hinder the rehabilitation of the building. D. Non-Exclusive Remedy. This Section provides a civil penalty remedy that is in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Chapter. The civil penalty imposed pursuant to the provisions of this Section shall be in lieu of the administrative citation penalties imposed pursuant to the provisions of Section 1.06.040 of this Code. Ordinance No. 1746 Page 10 SECTION 2. If any section or provision of this Ordinance 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 ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, 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. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2008. SSTEPHEN P. POUGNET, MAYOR ATTEST: L MES THOMPSON, CITY CLERK Ordinance No. 1746 Page 11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1746 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 30th day of July, 2008, reintroduced on the 3rd day of September, 2008, and adopted at a regular meeting of the City Council held on the 17th day of September, 2008 by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk p City of Palm Springs, California