HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 2.G. �OF 7 A�M SA4
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4</PORN, CITY COUNCIL STAFF REPORT
DATE: September 17, 2008 Consent
SUBJECT: PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED
BUILDINGS.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Council will consider the adoption of an amended and restated ordinance that
amends the City's existing vacant building ordinance to address additional and
expanded enforcement techniques, as well as establishing requirements for persons
who foreclose on and assume ownership of property in the City.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. "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."
STAFF ANALYSIS:
At its meeting on September 3, 2008, the City Council introduced an ordinance that
amended and restated its previously adopted vacant and boarded buildings ordinance.
The most significant revision to the City's existing vacant building ordinance is the
requirement for a vacant building registration program. This program consists of
essentially three parts:
1) At the point the first notice of default is issued, the lender is required to
ascertain whether the property is vacant. If vacant, the lender must: (a) hire a
property management firm to address current property maintenance issues and
to prevent further disrepair from appearing; and (2) register the property as a
vacant building with the City.
5945891 ITEM EM NO.
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City Council Staff Report
September 17, 2008
Vacant Building Ordinance
2) The local property management company is required to inspect the
property on a weekly basis to determine if the property is in compliance with the
requirements of the ordinance. If the property is found to be in noncompliance,
or if notification of noncompliance is reported, the local management company is
required to bring the property into compliance within 72 hours.
3) The property must be posted with the name and 24-hour contact
information of the property management company responsible for the weekly
inspection, maintenance, and security of the property. This ensures that
neighbors to the vacant building can have direct communication with a
responsible party.
The amended and restated ordinance provides the Council the ability to review the
entire vacant and boarded building ordinance in its entirety so the Council can consider
the full context and emphasis of the ordinance as amended. We would also point out
that the ordinance increases the administrative penalties so that the initial penalty would
be $1,000; if the penalty is not abated within thirty (30) days, a new penalty of $2,500
would be assessed, and if the nuisance is not abated within sixty (60) days of the first
assessment, the penalty would be increased to $5,000 per month until the nuisance is
abated.
A provision that required the posting of contact information related to the vacant
property was removed from the ordinance at the time the ordinance was introduced and
is not a part of the ordinance presented to the Council for adoption.
FISCAL IMPACT
The Ordinance contemplates the imposition of a fee and cost recovery program that
should make the implementation of the ordinance cost neutral. Existing City resources
will be sufficient to cover any start up costs which we anticipate will be reimbursed
through th and cost recovery components of the ordinance.
Dougl7/Hblland, City At Forney
David H. �eadfr
Attachment. Amended and Restated Vacant Building Ordinance.
591589.1
ORDINANCE NO.
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 Municipal Code is amended and
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
594595.1 a
8.80.010 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, 3rd trust deed, etc.
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"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.
5945651 3 -
"Trustee" means any person, partnership, association, corporation, fiduciary or
other legal entity holding a Deed of Trust securing an interest in real property.
"Trustor" means any owner/borrower identified in a Deed of Trust, who
transfers an interest in real property to a trustee as security for payment of a debt by
that owner/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
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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.
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.
G. This section shall also apply to properties that have been the subject of a
Foreclosure sale wherein title has been transferred to the beneficiary of a Deed of
Trust involved in the Foreclosure, and to any properties transferred under a Deed in
Lieu of Foreclosure or sale.
H. Properties subject to this Chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this chapter as long as they
remain vacant.
I. Any person, partnership, association, corporation, fiduciary or other legal entity
that has registered a property under this chapter must make a written report to the
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Palms Springs Police Department of any change of information contained in the
registration within ten (10) days of the change.
J. The duties/obligations specified in this section 8.80.040 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;
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594585 1
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;
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.
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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
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 (301h) 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).
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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 (60rh) 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
Hearing Officer finds that imposition of the penalty would work a substantial economic
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.
5945851
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 AND ADOPTED THIS DAY OF 12008,
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
James Thompson, City Clerk Douglas Holland, City Attorney
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594585.1 ... 12
ORDINANCE NO,
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 Municipal Code is amended and
restated to read:
Chapter 8.80
Maintenance of Long-Term Boarded and Vacated Buildinas
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
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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., 2nd
trust deed, 3`d trust deed, etc-
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59A585I i 72" P
"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.
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594595 1
"Trustee" means any person, partnership, association, corporation, fiduciary or
other legal entity holding a Deed of Trust securing an interest in real property.
"Trustor" means any owner/borrower identified in a Deed of Trust, who
transfers an interest in real property to a trustee as security for payment of a debt by
that owner/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
4
5945851 '1
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.
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-
G. This section shall also apply to properties that have been the subject of a
Foreclosure sale wherein title has been transferred to the beneficiary of a Deed of
Trust involved in the Foreclosure, and to any properties transferred under a Deed in
Lieu of Foreclosure or sale.
H. Properties subject to this Chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this chapter as long as they
remain vacant.
I. Any person, partnership, association, corporation, fiduciary or other legal entity
that has registered a property under this chapter must make a written report to the
5945851 5 1 a,
Palms Springs Police Department of any change of information contained in the
registration within ten (10) days of the change.
J. The duties/obligations specified in this section 8.80.040 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;
6
smisss i Q
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;
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.
7
5945851
r 1
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
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).
S
5g4585 I
212
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 (60ffi) 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
Hearing Officer finds that imposition of the penalty would work a substantial economic
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.
9
594585
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 AND ADOPTED THIS DAY OF 12008.
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
James Thompson, City Clerk Douglas Holland, City Attorney
10
594585 1 �'�
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
:ram^
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council
Meeting Date: September 3, 2008
Subject: Ordinance Nos. 1745, 1746, 1748, and 1749
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that summary for Ordinance Nos. 1745, 1746, 1748, and 1749, adopted by
the City Council on September 17, 2008, was published in the Desert Sun on September
30, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMG
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that the summary and a copy of Ordinance Nos. 1745, 1746, 1748, and 1749 was posted at
Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal
notice posting board and in the Office of the City Clerk on September 29, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Dolores Strickstein, Secretary~
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen ..............
------..-.----
years,and not a party to or interested in the
above-entitled matter.I am the principal cleric of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been No 3354.
adjudged a newspaper of general circulation by the CITY OF PALM SPRINGS
Superior Court of the County of Riverside,State of ORDINANCE NO.1746
California under the date of March 24,1988.Case AN ORDINANCE OF THE CITY OF PALM "
Number 191236;that the notice,of which the SPRINGS, CALIFORNIA AMENDING AND RE-
STATING CHAPrER a.90 OF THE PALM
annexed is a primed copy(set in type not smaller SPRINGS MUNICIPAL CODE, RELATING TO
THE ESTABLISHMENT OF VACANT AND
than non pariel,has been published in each regular BOARDED BUILDINGS AS PUaLIC NUISAN-
and entire issue of said newspaper and not in any CES.
supplement thereof on the following dates,to wit: ity This Ordinance amends end mrestates Chapter
8.60 of the Clty's Municipal Coda relating to va-
pt I cant buildings and the oshtbl6firbunl of non•
September 30 ,2008 maintained vacant and boarded buildings as pub-
he nuisances. The Ordinance also provides for
--""--....--------......—................-----. I the requirement to repisterell boarded and vacant
buildings with the Cdy and obtain local property
management to manapa eadr such properly The
-------------W--._,. --_---_—_—_— Ordinance also providesforanadministraavepro-
gr Ks'
to monitor all boarded and vacant buildings,
All in the year 2008 K'imposition of foes and civil penalties in further-
ance of the program and an opportunity for ad-
minutralwo rovruw uric appual.
I certify(or declare)under penalty of perjury that the Hathle Han,Chief Deputy Coy Clerg of me Gty
foregoing is true and correct. Ordinance No 47461was invaduced at a regular -
meeting of the Palm$gongs City Council on the
rtt ---- 30th day of July,200 reintroduced an the 3rd
Dated at Palm Springs,California this---30 , day day of Beptember,200a and adopted at a regular
meeting of tha CIryry CDunal.hem on the 171b day of
5oplombar,2008hy Iho Iollpwing vote'
of------ Septembelr ^�-- ------------------2008 AYES. CDuncllmembers Hutcheson, Mills,
1— weigol Mayor Pro Tom Pohl one
V Mayor PDugnet
NOES. None
ABSTAIN None
' --- ABSTAIN' None
CJ =w----"'--"---_ ---- - -------------- 1^I
Slgn a Kathie Han,CMC
Chief Deputy City Clerk
!� Published:9130100
I7,
C�DCza
N ly�I
CITY OF PALM SPRINGS
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 5ummary
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.
I, Kathie Hart, Chief Deputy City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1746 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: Councilmembers Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and
Mayor Pougnet
NOES. None
ABSENT: None
ABSTAIN: None
Kathie Hart, CMC
Chief Deputy City Clerk