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It is the purpose and intent of this chapter to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods within the city limits of the City of Murrieta from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
(Ord. 404 § 1, 2008)
The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:
"Abandoned" means a property that is vacant and is under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale or that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or that is transferred under a deed in lieu of foreclosure or sale.
"Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall or other similar feature.
"Accessible structure" means a structure or building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
"Beneficiary" means a lender under a note secured by a deed of trust.
"Buyer" means any person, co-partnership, association, corporation, entity, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.
"Dangerous building" means any building or structure that would constitute a "dangerous building" as defined in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings or as prepared by the International Conference of Building Officials and adopted in force within the city.
"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. This definition applies to any and all subsequent deeds of trust, including second trust deed, third trust deed, etc.
"Deed in lieu of foreclosure or sale" means a recorded document that transfers ownership of a 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, or notice of trustee's sale, or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee via a deed in lieu of foreclosure or sale.
"Evidence of vacancy" means any condition 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 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 statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
"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.
"Local" means responsible party is able to respond to the property within 24 hours from any location to the subject property.
"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual 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.
"Out-of-area" means in excess of forty (40) road/driving miles distance of the subject property.
"Owner" means any person, co-partnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in any real property.
"Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the Riverside County Recorder's Office.
"Property" means any unimproved or improved residential real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.
"Residential building" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned for such use.
"Securing" means such measures as may be directed by the chief of police or his or her designee that assist in rendering the property inaccessible to unauthorized persons including, but not limited to, the repairing of fences and walls, chaining or pad locking of gates, the repair or boarding of door, window or other openings. Boarding shall be completed to a minimum of the current Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required.
"Trustee" means the person, firm, corporation, or entity holding a deed of trust on a property.
"Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant" means a building or structure that is not legally occupied.
(Ord. 551 § 6, 2019; Ord. 404 § 1, 2008)
Within ten (10) days of the purchase or transfer of a loan or deed of trust secured by residential property, the new beneficiary/trustee shall record with the Riverside County Recorder's Office an Assignment of Rents or similar document that lists the name of the corporation, entity, or individual and the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust.
(Ord. 404 § 1, 2008)
A. Any beneficiary/trustee who holds a deed of trust on a property located within the City of Murrieta shall perform an inspection of the property that is the security for the deed of trust upon default by the trustor and prior to recording a notice of default with the Riverside County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the chief of police or his or her designee on forms provided by the city.
B. If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee or his or her designee monthly until:
1. The trustor or other party remedies the default, or
2. It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned and the trustee shall, within ten (10) days of that inspection, register the property with the chief of police or his or her designee on forms provided by the city.
C. The registration is required by either (A) or (B) for the property whether vacant or occupied at the time of default and shall contain the name of the beneficiary/trustee (corporation, entity, or individual), the direct street office mailing address of the beneficiary/trustee (no P.O. Boxes), a direct contact name and phone number for the beneficiary/trustee, and, in the case of a corporation, entity, or out-of-area beneficiary/trustee, the local property management company responsible for the security, maintenance, and marketing of the property.
D. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for a period of (12) twelve consecutive months; renewal shall be due and payable on the first day of the following month from the date the registration was initially required. Subsequent registrations must be received no later than the 31st day of the registration month due.
E. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
F. Properties subject to this chapter shall remain under the annual registration requirement and the security and maintenance standards of this chapter as long as they remain vacant.
G. Any person, firm, corporation, or entity that has registered a property under this chapter must report any change of information contained in the registration within ten (10) days of the change.
H. Any individual or entity who fails to comply with any of the requirements of this section shall be subject to enforcement pursuant to Chapter 1.32 of this code.
(Ord. 551§ 7, 2019; Ord. 404 § 1, 2008)
In addition to the requirements of Chapter 8.20 of this code, properties subject to registration under Section 8.44.050 shall comply with the following:
A. In comparison to the neighborhood standard, the property shall be 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.
B. The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
C. All yards visible from the public right-of-way shall be landscaped and maintained to the neighborhood standard at the time registration was required.
1. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf or sod designed specifically for residential installation.
2. Landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.
3. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all trimmings.
D. Pools and spas shall either be kept in working order and treated so the water remains clear and free of pollutants, debris, and any kind of larvae that would cause a health danger to the surrounding vicinity, or drained and kept dry. In either case, properties with pools or spas must comply with the minimum security fencing requirements of the State of California.
(Ord. 557 § 4, 2020; Ord. 404 § 1, 2008)
In addition to the requirements of Chapter 8.20 of this code, properties subject to registration under Section 8.44.050 shall comply with the following:
A. The property 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 opening of such size that may allow a child to access the interior of the property and or structure(s). In the case of broken windows, securing means the reglazing or boarding of the window.
B. If the property is owned by a corporation, entity, or out-of-area beneficiary/trustee/owner:
1. A local property management company shall be contracted to perform, at a minimum, monthly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
2. The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be an 8 ½ X 11 inch notification and shall be posted in the most primary front window of the dwelling, visible from an walkway, sidewalk, landing, porch, entry to the front door and readily visible to a public official, law enforcement officer, or code enforcement officer of the city. The posting shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. The exterior posting must be constructed of and printed with weather resistant materials.
3. The local property management company shall inspect the property no less than on a monthly basis to determine if the property is in compliance with the requirements of this chapter.
(Ord. 551 § 8, 2019; Ord. 404 § 1, 2008)
In addition to the enforcement remedies established in Chapter 1.32, the chief of police or his or her designee and the fire chief or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any/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.
(Ord. 404 § 1, 2008)
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