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2008-075 - Assess Civil Fines and Penalties for the Failure to Maintain Vacant Residential Property
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2008-075 - Assess Civil Fines and Penalties for the Failure to Maintain Vacant Residential Property
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Last modified
1/3/2012 12:26:53 PM
Creation date
11/18/2008 4:56:07 PM
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City Clerk
Doc Type
Resolution
Doc #
2008-075
Date
11/17/2008
Destruction Year
Perm
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<br />bk: 11/1 0/08 <br /> <br />RESOLUTION NO. 2008-075 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ESTABLISHING A PROCEDURE TO ASSESS <br />CIVIL FINES AND PENALTIES FOR THE FAILURE TO <br />MAINTAIN VACANT RESIDENTIAL PROPERTY AFTER <br />FORECLOSURE <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. SB 1137, an emergency bill signed into law earlier this year, is designed to <br />address concerns relating to the increase of foreclosures of single family <br />homes throughout California. <br /> <br />B. One concern addressed by the Legislature in SB 1137 is the failure to <br />maintain vacant residential property by out-of-town financial institutions <br />who acquire title to homes through foreclosure. <br /> <br />C. In adopting SB 1137, legislative reports quoted findings that orphaned <br />homes quickly fall into disrepair, their deterioration sometimes hastened <br />by vandals who trash the interiors, lighting fires and ripping out wiring and <br />pipes to sell for scrap. In some communities, the Legislature found that <br />squatters or drug dealers may move in to these orphaned homes. <br /> <br />D. The Legislature also found that the impact of foreclosed homes goes far <br />beyond the defaulting homeowner, as neighbors and entire communities <br />confront a potential spreading blight. The Legislature found that vacant <br />residences deprive cities of tax revenue and can cost them thousands to <br />maintain. The Legislature quoted from a 2001 Temple University study <br />which found that in Philadelphia simply being within 150 feet of an <br />abandoned property knocked $7,600 off a home's value. <br /> <br />E. SB 1137 requires financial institutions who acquire homes through <br />foreclosure to maintain the vacant foreclosed residential properties in <br />conformance with City codes. <br /> <br />F. SB 1137, by adding section 2929.3 to the California Civil Code, gives <br />cities the power to impose civil fines and penalties of up to $1,000 per day <br />if the new owner, who acquired a home through foreclosure, fails to <br />maintain the home. Prior to imposing fines or penalties, SB 1137 requires <br /> <br />Resolution No. 2008-075 <br />Page 1 of 3 <br />
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