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11A - 2ND READ ORD - CH 8
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11A - 2ND READ ORD - CH 8
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11/15/2018 9:04:49 PM
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11/15/2018 9:03:04 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
11/20/2018
Destruction Year
2023
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A. Each beneficiary and trustee, who holds a deed of trust on a property located within <br />the city, shall perform an inspection of the property that is security for the deed of <br />trust upon default by the trustor prior to recording a notice of default or similar <br />instrument with the Orange County Recorder's Office, and must comply with Civil <br />Code section 2923.5, as amended from time to time. <br />B. If such inspection shows that the property is abandoned, the owner, beneficiary or <br />trustee shall, within ten (10) days of the inspection, register the property with the <br />city's code enforcement division on forms provided by the city. <br />C. If the property is occupied but distressed, the trustee and beneficiary or a designee <br />shall inspect the property on a monthly basis until: <br />The trustor or another party remedies the default; or <br />2. The property is found to be vacant or shows evidence of vacancy, deemed <br />abandoned and registered subject to subsection B. <br />D. The registration required pursuant to subsection B. shall contain the identity of the <br />beneficiary and trustee, the direct mailing address (no postal box address), email <br />address and phone number of the beneficiary and trustee and, in the case of a <br />corporate or out of area beneficiary or trustee, the local property management <br />company, if any, responsible for the security, maintenance and marketing of the <br />property in question. <br />E. The registration pursuant to subsection B. shall be renewed annually. <br />F. This section shall also apply to properties that have been the subject of a foreclosure <br />sale wherein title has been transferred to the beneficiary of a deed of trust involved <br />in the foreclosure, and to any properties transferred under a deed in lieu of <br />foreclosure. <br />G. Properties subject to this chapter shall remain subject to the annual registration <br />requirement, security and maintenance standards of this division as long as they <br />remain vacant and/or abandoned. <br />H. Any person, partnership, association, corporation, fiduciary or other legal entity that <br />has registered a property under this chapter must make a written report to the city's <br />code enforcement division of any change of information contained in the registration <br />within ten (10) days of the change. <br />I. If the mortgage on a registrable property is sold or transferred, the new mortgagee <br />is subject to all the terms of this article and within five (5) days of the transfer must <br />register the property and pay a registration fee in accordance with this article. Any <br />previous unpaid annual registration fees are the responsibility of the new mortgagee <br />or trustee and are due and payable with their initial registration. <br />J. If the mortgagee owner of a foreclosed real property sells or transfers the property <br />to a non -arm's length related person or entity, the transferee is subject to all the <br />terms of this article and within five (5) days of the transfer must register the property <br />and pay a registration fee in accordance with this article. Any previous unpaid <br />Ordinance No. NS-XXXX <br />Page 4 <br />11 A-6 <br />
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