HomeMy WebLinkAboutNS-2993 - Amending Chapter 8, Article X of Santa Ana Municipal Code Relating to Registration and Maintenance of Abandoned, Vacant, or Defaulted Mortgage Properties ORDINANCE NO. NS-2993
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 8, ARTICLE X OF THE SANTA
ANA MUNICIPAL CODE RELATING TO REGISTRATION
AND MAINTENANCE OF ABANDONED, VACANT
AND/OR DEFAULTED MORTGAGE PROPERTIES;
ADDING HISTORIC PROPERTIES; PROVIDING FOR
ADDITIONAL PROPERTY OWNER
RESPONSIBILITIES, AS WELL AS ADDITIONAL
ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING
FOR MONITORING PROGRAM BY CITY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. The City Council desires to protect the public health, safety and welfare of the
citizens of the City of Santa Ana and maintain a high quality of life for the
citizens of the City through the maintenance of structures and properties in the
City; and
B. Vacant and abandoned residential, commercial, industrial, and historic
properties are a significant problem and can depreciate property values,
reduce property tax revenue, attract crime, create the potential for a permanent
loss of a historical resource, degrade the quality of life within the community
and foster an unsafe and unhealthy environment for residents; and
C. Property owners are often located outside of the area or state and do not
provide regular monitoring or securing of their properties, leading to increased
dereliction, trespassing, squatting, arson, and other crimes; and
D. A number of historically significant properties have been abandoned or
allowed to remain vacant without proper monitoring or security, leading to
vandalism, squatting, arson, and destruction; and
E. The Council has a vested interest in protecting neighborhoods against various
dangers caused by vacant and abandoned properties and concludes that it is
in the best interests of the health, safety, and welfare of its citizens and
residents to ensure that all properties within the City are held to reasonable
standards of maintenance and security; and
F. The City Council desires to amend the City's Code in order to provide additional
Ordinance No. NS-2993
Page 1 of 17
tools for staff to aggressively enforce the City's registration and maintenance
program, requiring the posting of bonds by property owners and installation of
fencing on all vacant properties; and
G. The City Council finds that the implementation of the following changes and
additions will assist the City in protecting neighborhoods from the negative
impacts and conditions that occur as a result of vacancy, absentee ownership
and lack of compliance with City regulations and laws.
SECTION 2. The adoption of this ordinance is exempt from the California
Environmental Quality Act and a Notice of Exemption will be filed after this ordinance is
adopted.
SECTION 3. Division 3, Article X, of Chapter 8 of the Santa Ana Municipal
Code is hereby amended and restated such that it reads as follows:
DIVISION 3. - REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT
AND/OR DEFAULTED MORTGAGE PROPERTIES
Sec. 8-1982. Purpose.
It is the intent of the city council, through the adoption of this division, to establish
a mechanism to protect neighborhoods from becoming blighted through the lack of
maintenance and security of abandoned, defaulted and/or vacant properties; to establish
a property registration program for such properties, and to set forth guidelines for the
maintenance of such properties.
Sec. 8-1983. Definitions.
For the purpose of this division the following terms, phrases and words, shall
have the meaning set forth below:
"Abandoned" means any real property that is: (1 ) vacant or shows evidence of
vacancy, (2) is subject to a current notice of default and/or notice of trustee's sale,
pending tax assessors lien sale and/or(3) is the subject of a foreclosure sale resulting
in the acquisition of title by an interested beneficiary of a deed of trust, and/or(4) was
conveyed to the current owner under a deed in lieu of foreclosure/sale.
"Abatement order" means a notice of violation, notice and order, or
administrative citation. As used in this chapter, the terms "abate" and "abatement"
means action to repair, replace, remove, destroy, terminate, or otherwise remedy the
condition or activity in question by such means and in such manner as is necessary
in the interests of the health, safety or welfare of the public. (Section 17-4)
"Accessible property" means real property that is accessible to the public,
either, in general or through an open and unsecured door, window, gate fence, wall,
Ordinance No. NS-2993
Page 2 of 17
etc.
"Accessible structure" means a building or structure that is not secured or is
open in such a way as to allow public or unauthorized access to the interior.
"Administrative penalty payment due date" means the date that is the 10th day
after the issuance of an abatement order, a notice of violation issued pursuant to
section 1-21.7(1).
"Agreement" means any written instrument that transfers or conveys title to
residential or commercial 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 Code
or applicable specific plan.
"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.
"Chief Building Official" or "building official" means Building Safety Manager,
Code Enforcement Manager, or their designees.
"Commercial Property" means any improved real property, or portion thereof,
designed or permitted to be used for commercial non-residential purposes, including
buildings and structures located on such improved real property. This includes any
real property being offered under any circumstances for sale, trade, transfer, or
exchange as "commercial," whether or not said property is legally permitted and
zoned for such use.
"Dangerous building" means any building or structure reasonably deemed by
authorized city staff to represent a violation of any provision specified in the Uniform
Code for the Abatement of Dangerous Buildings, International Property Maintenance
Code, or California Health and Safety Code section 17920.3.
"Days" means calendar days.
Ordinance No. NS-2993
Page 3 of 17
"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, as security for 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, 3rd
trust deed, etc.
"Deed in lieu of foreclosure" means a recorded instrument that transfers
ownership of 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 material breach of, or failure to fulfill, a legal or contractual
duty arising from or relating to a deed of trust.
"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.
"Enforcement official" means the city manager, the building official, and/or any
employee or agent of the city designated and/or charged with enforcing this Code,
including but not limited to applicable codes adopted by reference therein.
"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 legal process by which a mortgagee, or other lien
holder, terminates a property owner's equitable right of redemption to obtain legal
and equitable title to the real property pledged as security for a debt or the real
property subject to the lien. This definition shall include, but is not limited to, public
notice of default, a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions, by whatever name,
associated with the described process. The process is not concluded until the
property obtained by the mortgagee, lien holder, or their designee, by certificate of
title, or any other means, is sold to a non-related bona fide purchaser in an arm's
length transaction to satisfy the debt or lien.
Ordinance No. NS-2993
Page 4 of 17
"Historical/historic Building" means any structure, including, but not limited to,
any residential, commercial, industrial, or assembly structure designated as having
historical or architectural importance by inclusion in the city register of historical
properties pursuant to Chapter 30 of the Santa Ana Municipal Code.
"Industrial Property" means any improved real property, or portion thereof,
designed or permitted to be used for industrial non-residential purposes, including
buildings and structures located on such improved real property. This includes any
real property being offered under any circumstances for sale, trade, transfer, or
exchange as "industrial," whether or not said property is legally permitted and zoned
for such use.
"Local" means within forty (40) driving miles of the subject building, structure
or real property.
"Neighborhood standard" means the condition of real property that prevails in
and through the neighborhood where an abandoned building, structure or real
property is located. When determining the neighborhood standard no abandoned or
distressed building, structure or real property shall be considered.
"Notice of default" means a recorded instrument that reflects and provides
notice that a default has occurred under a deed of trust, and that the beneficiary
intends to proceed with a trustee's sale.
"Notice of trustee's sale" means a document prepared and recorded by the
trustee that sets forth the day, date and time of the trustee's sale, describes the
property to be sold, and gives an estimate for the unpaid debt on the deed of trust
secured by the property.
"Out of area" means in excess of forty (40) road or driving miles of the subject
building, structure or real 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 any person shown as the owner of land on the last
equalized assessment roll produced by the Orange County Recorder's Office.
"Property" means any unimproved or improved real property designed or
permitted to be used for commercial, industrial, residential or dwelling purposes, or
portion thereof, including but not limited to building or structures located on said real
property, regardless of condition.
"Registrable property" means any real property located in the city, whether
Ordinance No. NS-2993
Page 5 of 17
vacant or occupied, that is encumbered by a mortgage in default, is subject to an
ongoing foreclosure action by the mortgagee or trustee, is subject to an application
for a tax deed or pending tax assessor's lien sale, or has been the subject of a
foreclosure sale where the title was transferred to the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a deed in lieu of
foreclosure/sale. "Registrable property" shall also refer to vacant property, whether
residential, commercial, industrial or historic, subject to the property registration
guidelines discussed below.
The designation of a "default/foreclosure" property as "registrable" shall remain in
place until such time as the property is sold to a non-related bona fide purchaser in
an arm's length transaction or the foreclosure action has been dismissed and any
default on the mortgage has been cured.
"Residential building" means any improved real property, or portion thereof,
designed or permitted to be used for dwelling purposes, including buildings and
structures located on such improved real property. This includes any real property
being offered under any circumstances for sale, trade, transfer, or exchange as
"residential,"whether or not said property is legally permitted and zoned for such use.
"Secure" means such measures as may be directed by an enforcement official
that assist in rendering real property inaccessible to unauthorized persons, including
but not limited to repairing fences and walls, chaining/pad locking gates, the repairing
or boarding of doors, windows or other openings. Such measures shall be
implemented in conformance with all applicable standards of the United States
Department of Housing and Urban Development.
"Tax assessor's lien sale" means the sale, conducted by the Assessor of
Orange County, of tax liens for delinquent taxes on the property.
"Trustee" means any person, partnership, association, corporation, fiduciary
or other legal entity holding a deed of trust securing an interest in real property for
the benefit of the beneficiary.
"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.
"Vacancy/vacant" means any building, structure or real property that is
unoccupied or occupied by a person without a legal right of occupancy.
"Vacant building" means a building where at least thirty-five (35%) percent of
the total floor area within the building is not occupied.
"Vacant shopping center/industrial complex" means a shopping center or
Ordinance No. NS-2993
Page 6 of 17
industrial complex on a single property containing one or more buildings where fifty
(50%) percent of the gross leasable area is not occupied.
Sec. 8-1984. - Duty to record instrument for property transfer.
In order to ensure proper noticing regarding registration of abandoned, defaulted
and/or vacant properties pursuant to this Article, within ten (10) days of a property
transaction involving a change in the identity of an owner or the owner of record, or
alternatively a transfer/assignment of a loan or deed of trust secured by such residential,
industrial or commercial property, each beneficiary and trustee engaged in said
transaction or transfer/assignment shall record, with the Orange County Recorder's
Office, an instrument evidencing such transaction, transfer or assignment. This
instrument shall reflect the identity, mailing address and telephone number of the trustee
and beneficiary responsible for receiving payments associated with the loan or deed of
trust in question. This duty/obligation shall be joint and several among and between all
trustees and beneficiaries and their respective agents.
Sec. 8-1985. - Registration.
A. Each beneficiary and trustee, who holds a deed of trust on a property located
within the city, shall perform an inspection of the property that is security for
the deed of trust upon default by the trustor prior to recording a notice of default
or similar instrument with the Orange County Recorder's Office, and must
comply with Civil Code section 2923.5, as amended from time to time.
B. If such inspection shows that the property is vacant or abandoned, the owner,
beneficiary or trustee shall, within ten (10) days of the inspection, register the
property with the city's code enforcement division on forms provided by the city.
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, deemed abandoned and registered subject to
subsection B.
D. The registration required pursuant to subsection B. shall contain the identity of
the beneficiary and trustee, the direct mailing address (no postal box address),
email address and phone number 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 subsection B. shall be renewed annually.
F. This section shall also apply to properties that have been the subject of a
Ordinance No. NS-2993
Page 7 of 17
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.
G. Properties subject to this chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this division as long as
they remain vacant and/or abandoned.
H. 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 city's code enforcement division of any change of information contained in
the registration within ten (10) days of the change.
I. If the mortgage on a registrable property is sold or transferred, the new
mortgagee is subject to all the terms of this article and within five (5) days of
the transfer must register the property and pay a registration fee in accordance
with this article. Any previous unpaid annual registration fees are the
responsibility of the new mortgagee or trustee and are due and payable with
their initial registration.
J. If the mortgagee owner of a foreclosed real property sells or transfers the
property to a non-arm's length related person or entity, the transferee is subject
to all the terms of this article and within five(5)days of the transfer must register
the property and pay a registration fee in accordance with this article. Any
previous unpaid annual registration fees are the responsibility of the new
registrable property owner and are due and payable with their initial
registration.
K. As long as the property is registrable it shall be inspected by the mortgagee,
or designee, monthly. If an inspection shows a change in the property's
occupancy status the mortgagee shall, within ten (10) days of that inspection,
update the occupancy status of the property registration.
L. Mortgagees who have existing registerable property on the effective date of
the ordinance from which this section is derived have thirty (30) calendar days
from the effective date to register the property with the City, or its designee, on
forms or other manner as directed, and indicate whether the property is vacant
or occupied.
Sec. 8-1986. Maintenance Requirements.
It is declared a public nuisance for any person, partnership, association, corporation,
fiduciary or other legal entity, that owns, leases, occupies, controls or manages any
vacant or abandoned property to cause, permit, or maintain any property condition
contrary to any provision of this chapter. The following maintenance standards shall apply
to any registrable property, including vacant or abandoned properties subject to
Ordinance No. NS-2993
Page 8 of 17
registration under this Division:
A. Any registrable property shall be maintained in compliance with the
requirements of this chapter and Code Chapters 16, Chapter 41 , the Uniform
Code for the Abatement of Dangerous Buildings, International Property
Maintenance Code and California Health and Safety Code section 17920.3.
B. Registrable property shall be kept free of weeds, dry brush, dead vegetation,
excessive foliage growth, trash, junk, debris, building materials, any
accumulation of newspaper, circular 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.
C. Registrable property shall be maintained free of graffiti, tagging or similar
marking in accordance with Article IV of Chapter 10 of this Code. Any removal
or painting over of graffiti shall be with an exterior grade paint that matches the
color of the exterior of the structure.
D. Visible yards shall be landscaped and continuously maintained by proper
pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of
plants and decorative materials when necessary, and the regular watering of
plants. Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential installation and standards listed in
section 41-609 "Landscape," and abide by the planning and public works
division landscape standards. Landscaping does not include weeds, gravel,
broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any
similar material.
E. Pools and spas shall be kept in working order so that water remains clear and
free of pollutants, mosquito larvae, and debris, or alternatively shall be drained
and kept dry. In either case, properties with pools and/or spas must comply
with the minimum security fencing requirements set forth in Article XIII of this
chapter and minimum state standards, whichever is more restrictive.
F. Adherence to this section does not relieve the beneficiary/trustee or property
owner of obligations set forth in any covenants, conditions and restrictions
and/or homeowner's association rules and regulations which may apply to the
property.
G. An enforcement official may allow exceptions to the maintenance standards
set forth in this section for registrable property that has submitted a
development application with the City and is undergoing the approval process
or is under construction and/or repair, that is diligently pursued for at least three
(3) business days per week, and is undertaken in compliance with all applicable
laws including but not limited to city permitting requirements.
H. No person, firm, partnership, corporation or other entity shall allow a
residential, commercial, historical, or industrial building designed for human
Ordinance No. NS-2993
Page 9 of 17
use or occupancy to stand vacant for more than forty-five (45) days, unless
the owner establishes by substantial evidence to the reasonable satisfaction
of the chief 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 in
accordance with all city ordinances, is ready for occupancy, and is
actively being offered for sale, lease, or rent.
I. 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 subsections A
through H of this section, as well as all other provisions of the City Code.
J. It is declared a public nuisance for 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 to cause, permit,
or maintain such building or property in violation of subsections A through I of
this section.
K. Within thirty (30) days after a property becomes a vacant building as defined
herein, the owner of a vacant residential, commercial, historical, or industrial
building shall cause said building to be registered as a vacant building pursuant
to the provisions of section 8-1985 of this chapter and shall pay the registration
fee required per section 8-1989. Further, the owner of said vacant building shall
comply with all applicable provisions of this Code with respect to property
maintenance, nuisance abatement, local property management requirements
and monitoring.
Sec. 8-1987. Security Requirements.
A. Abandoned and vacant properties shall be secured so as not to be accessible
to unauthorized persons.
B. Securing of vacant or abandoned property 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 re-glazing or
boarding the window. If deemed necessary by the Code Enforcement
Manager, securing of vacant or abandoned property may require the provision
of on-site security guard services. Such services shall be of sufficient duration
and frequency to ensure that the property remains secure and no unauthorized
persons may gain entry.
C. If the vacant or abandoned property is owned by a corporation and/or out of
area beneficiary/trustee/owner, a local property management company shall
Ordinance No. NS-2993
Page 10 of 17
be contracted to perform weekly inspections to verify that the abandoned
property is maintained in accordance with the requirements of this section, and
any other applicable laws.
D. The property shall be posted with the name and 24-hour contact phone number
of the local property management company. The posting shall be no less than
18" x 24", shall be of a font that is legible from a distance of forty-five (45)feet,
and shall contain the following verbiage: "THIS PROPERTY MANAGED BY
," and "TO REPORT PROBLEMS OR CONCERNS CALL (name
and phone number)."
E. The posting shall be placed on the interior of a window facing the street to the
front of the property so it is visible from the street, or secured to the exterior of
the building/structure facing the street of the front of the property so it is visible
from the street. If no such area exists, the posting shall be 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, and to the extent possible, not readily subject to
potential vandalism. Exterior posting must be constructed of, and printed with
weather resistant materials.
F. The local property management company shall inspect the property on a
weekly basis, or more frequently, to determine if the property is in compliance
with the requirements of this division. If it is determined that the property is not
in compliance, it is the company's responsibility to bring the property into
compliance.
G. The duties and obligations specified in this section shall be joint and several
among and between all trustees and beneficiaries and their respective agents.
H. Bonding and Fencing Requirements for Vacant Buildings.
(1) Whenever a building remains vacant for a period of ninety (90) days or
more, in addition to the other requirements of this chapter the owner,
beneficiary or trustee, shall post with the city a bond or similar security in
an amount equal to three (3) months estimated costs of blight prevention
and security activities, as estimated by the Chief Building Official or Code
Enforcement Manager.
(2) Whenever a building remains vacant for a period of ninety (90) days or
more, in addition to the other requirements of this chapter, the owner,
beneficiary or trustee shall cause to be installed a minimum six foot(6') high
chain-link fence adjacent to the property boundaries, or other alternative
fencing acceptable to the Chief Building Official or Code Enforcement
Manager that is adequate to protect the public health, safety and welfare,
unless the City officials determine that the installation of such fencing will
Ordinance No. NS-2993
Page 11 of 17
be detrimental to the public safety and welfare. Any fencing required under
this section may additionally require screening if deemed necessary in
order to protect the safety, streetscape and overall appearance of the site.
The Chief Building Official and Code Enforcement Manager may
promulgate additional fencing standards for vacant properties consistent
with this section.
Sec. 8-1988. Additional authority; Monitoring Program.
A. In addition to the enforcement remedies established in this division, the city
shall have the authority to require the beneficiary, trustee, owner 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 and all doors, windows 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 secure and
reduce the visual decline of the property.
B. Property Monitoring Program and Procedures.
(1) Purpose. Vacant buildings are a major cause and source of blight in
residential and non-residential neighborhoods, especially when the owner
of the building fails to maintain and manage the building. Vacant buildings
often attract squatters and criminals, including drug users. Use of vacant
buildings by squatters and criminals 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 and other long-term
vacancies discourage economic development and retard appreciation of
property values.
In order to combat these issues, the focus of the monitoring program shall
be: (a) To identify buildings that become vacant; (b) To order vacant
buildings that are open and accessible to be secured against unlawful entry
pursuant to City codes, including the building code, or other applicable law;
(c) To initiate proceedings against the owner of any vacant building found
to be substandard as defined in this chapter or a nuisance under any other
provision of this code; and (d) To maintain surveillance over vacant
buildings so that timely enforcement proceedings are commenced in the
event a building becomes substandard or a nuisance.
(2) Authority. The Chief 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.
Ordinance No. NS-2993
Page 12 of 17
(3) 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 non-residential, which:
(a) Is boarded up by voluntary action of the owner or as the result of
enforcement activities by the city; or
(b) Is vacant for more than ninety (90) days for any reason.
(4) Fee Waiver. The vacant building monitoring fee shall be waived upon a
showing by the owner that:
(a) The owner has obtained a building permit and is progressing
diligently to repair the premises for occupancy; or
(b) The building meets all applicable codes and is actively being
offered for sale, lease, or rent; or
(c) Imposition of the fee would impose a substantial economic
hardship on the owner or would hinder the rehabilitation of the
building.
(5) 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 Orange County Assessor. Any owner
billed may apply for a waiver on the grounds set forth in subsection (4) of
this section by submitting a written statement of the grounds for the waiver
to the Chief 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 Chief Building Official
shall review the written statement and all related evidence and may contact
the owner to discuss the application for waiver. The Chief Building Official
shall prepare a written decision which shall be mailed to the owner and shall
set forth the reasons for the decision.
(6) Appeal. Any owner aggrieved by the decision of the Chief Building
Official relating to an application for waiver may appeal the decision
pursuant to section 8-1991 within fifteen (15) days of the mailing of the
decision.
(7) Non-payment of fees—special assessment. If the fee is not paid within
Ordinance No. NS-2993
Page 13 of 17
sixty (60) days after billing, or within sixty (60) days after the decision of the
Chief Building Official or appellate hearing officer, they may then be
declared a special assessment against that parcel as provided in California
Government Code section 28773.5. Such special assessment shall be
collected at the same time and in the same manner as ordinary city taxes
are collected and shall be subject to the same penalties and the same
procedures and sale in case of delinquency as provided for ordinary city
taxes. The city shall retain the additional and independent right to recover
its costs by way of civil action against the owner and person in possession
or control, jointly or severally.
(8) Non-payment of fees — lien. Alternatively, if the fee is not paid within
sixty (60) days, the city manager 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.
Sec. 8-1989. - Fees.
An annual non-refundable foreclosed, vacant and/or abandoned property
registration fee shall be paid to city at the time of registration, annually thereafter on
January 1st each year and must be received no later than January 31 of the year due. If
the foreclosed, vacant and/or abandoned property is sold or transferred within a calendar
year to a new bank/owner it will need to register the foreclosed, vacant and/or abandoned
property; the annual fee is not transferrable. The fee for registering and re-registering a
foreclosed, vacant and/or abandoned property shall be set, from time to time, by
resolution of the city council. The amount of the fee shall not exceed the cost of
administering the provisions of this chapter.
Additional hourly inspection fees as set forth in the city's miscellaneous fee
resolution may be levied on a property for staff time to inspect and enforce the provision
of this Code when a complaint has been filed on a property subject to this article.
Sec. 8-1990. - Enforcement.
A. Any violation of this division shall be treated as a strict liability offense; a
violation shall be deemed to have occurred regardless of a violator's intent.
B. Any person, partnership, association, corporation, fiduciary or other legal
entity, that owns, leases, occupies, controls or manages any abandoned
property and causes, permits, or maintains a violation of the chapter as to that
property, shall be guilty of a misdemeanor, and upon conviction thereof, may
be punished as provided in section 1-8.
Ordinance No. NS-2993
Page 14 of 17
C. This section is intended to be cumulative to, and not in place of, other rights
and remedies available to the city pursuant to this Code. As an alternative to
the violation and penalty specified in this section, the city attorney or
enforcement official may pursue any other right or remedy permitted by this
Code, including, but not limited to, commencement of any civil action, or
administrative action to abate the condition of a property as a public nuisance
pursuant to sections 1-21 through 1-21.9.
D. If an enforcement officer determines that the owner of abandoned property has
failed to maintain that property as obligated under California Civil Code Section
2929.3 and in accordance with this chapter, the city may impose a civil fine
against the owner of up to one thousand dollars ($1,000.00) per day, or an
amount set by the city's miscellaneous fee schedule as amended from time to
time, for each day that the owner fails to maintain the property commencing on
the day following the expiration of the period to remedy the violation as set forth
in the notice provided pursuant to subsection E.
E. If the city chooses to impose a fine pursuant to subsection D., it shall give notice
of the alleged violation to the owner. The notice shall include a description of
the conditions that gave rise to the violation, and notice of the city's intent to
assess a civil fine if action to correct the violation is not commenced within a
period of not less than fourteen (14) days and completed within a period of not
less than thirty (30) days. The notice shall be mailed to the name and address
provided in the deed or other instrument for mailing future tax statements, or,
if none, to the return address provided on the deed or other instrument.
F. The city shall provide a period of not less than thirty (30) days for the legal
owner to remedy the violation prior to imposing a civil fine. Notwithstanding the
foregoing, the city may provide less than thirty (30) days' notice to remedy a
condition before imposing a civil fine if the entity determines that a specific
condition of the property threatens public health or safety and provided that
notice of that determination and time for compliance is given.
G. The city shall provide an owner who wishes to contest any fines imposed
pursuant to subsection D. a hearing and opportunity to be heard in accordance
with the procedures for administrative citations contained in chapter 1.14.
H. Payment of the administrative and civil penalties shall not excuse the failure to
correct the violation nor shall it bar further enforcement action.
Sec. 8-1991. - Appeals.
Any person aggrieved by any of the requirements of this division may appeal a
determination made hereunder in the manner specified with respect to appeals under
section 1-21.8 through 1-21.9 or chapter 3.
Ordinance No. NS-2993
Page 15 of 17
Sec. 8-1992. - Joint and several liability.
The duties/obligations specified in this division shall be joint and several among
and between all trustees and beneficiaries and their respective agents.
Secs. 8-1993-8-1999. - Reserved.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The city council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall become effective thirty(30)days
after its adoption.
ADOPTED this 1st day of September, 2020.
417
_ fe"._
Mi•,,��a-�A. Puligo
M or
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Z , I
By: / /1-4 �CC�. Nellesen
Assistant City Attorney
Ordinance No. NS-2993
Page 16 of 17
AYES: Council members Bacerra, Mendoza, Penaloza, Pulido,
Sarmiento, Solorio, Villegas (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2993 to be the original ordinance adopted by the City
Council of the City of Santa Ana on, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: 9 3 -off 0a cV 7`
x2eA(b
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2993
Page 17 of 17