Loading...
HomeMy WebLinkAbout2009 08 27 Florida Association of Code Enforcement Topics in the Legal ArenaHHT T[lPICS IN THE LEGAL ARENA I. FEDERAL CASE ~-APPELLATE Gulf Comet Recove Inc. v. Ci a Treasure Island 21 Fla. L. 'Weekly Fed. 01134 ~11~ Cir., October S, 240$x. In this case, the City's Code Enforcement Beard upheld a citation of $234 per day against Plaintiff~Gulf Coast far a violation of the city's occupancy turnover rule. Plaintiff claimed that enforcement of the ordinance against its halfway house amounted to violations of the federal Fair Housing and American with Disabilities Acts and the Equal Protection Clauses of the federal and Florida Constitutions. The district (trials court granted summary judgment in favor of the city on all claims. The 11t~ Circuit agreed except for plaintiff's accammodatian~ claims. The appellate court ~1 t r~ Cir.}held that a "geauine issue of material fact "may exist about whether living ~ a halfway house is necessary to afford recovering 9ubstaace abusers an "equal opportunity to use and enjoy" halfway houses. The case was reversed as to this claim and remanded to the trial court. • II. FEDERAL CASE -TRIAL First Va abondd Church of God et al. v. Ci f rl 0 21 Fla. L. Weekly Fed. D433 ~M.D. Fla., September 26, 20083. In this case, Plaintiffs challenged the city's "large group feeding" ordinance which required a permit if an event was Ukely to attract 2S or mare people to a park within the Greater Downtown Park District (and which also limited the number of permits aay one group can receive to 1 per park within a lZ~manth period}. The Middle District atrial}court held that the ordinance violated plaintiffs' rights of free speech and free exercise of religion. [It. FLORIDA CASES _ APPELLATE A, Ci of Miami v. Cartes and Sabina 33 Fla. L. Weekly D ~b91 Fla. 3d DCA, November ~8, ~oDB}. fn this case, the property owner pied guilty to a code violation for performing work on a residential structure without a final permit. After failing to correct, mare #han $loo,ooo in fees were assessed which were later reduced to $1o,04U at a mitigation hearing}. The property owner appealed, and the circuit court din its appellate capacity} reversed both the original enforcement and the mitigation orders. The District Court of Appeal reversed and held ~l~ that the enforcement order was outside the scope of the circuit court's jurisdiction because the time for appeal had lapsed and ~~}that the mitigation order was improperly vacated because the property owner had failed to tamely object to any evidence given by the code enforcement oB"ieer and had never requested to cross examine the offiicer. B. His, v. Warrick,, 33 Fla. L. Weekly D1G44 Fla. 3d DCA, November 12, ZooB}. In this case, a homeowner created a trust using his home as r,,,res for corpus of the trust} and then transferred the trust to his heir in exchange fora 99-year lease of the home. The property appraiser denied his homestead exemption even though he continued to reside in the house. The homeowner then petitioned the Value Adjustment Board ~VAB}which granted the homestead exemption. The property appraiser challenged this determination iQ circuit court, Bath the circuit court and the District Court of Appeal armed the VAB decision, holding that a 9&years plus lease of a residential parcel permanently occupies as a residence qualifies for homestead exemption under FIa. Stat.196,o3t and 19.041. C. Hen v. McDonald, 971 So.Zd 998 ~"la. 4~ DCA X048}. This case involved a dispute over a home sale when a code enforcement action was brought while the property was under contract. The court found that the existence of the code enforcement action against the property constituted a cloud on the title. r~ u D. Lozman v. City o~ Riviera Beach, 33 Fla. L. 'Weekly D Z53o Fla. 4~ DCA, [Ictaber 29, ZooB}, In this case, the city compiled documents requested by the plaintiff and then advised plaintiff that the duplication costs were in excess of S1oo. Plaintiff refused to pay, and the city refused to give him the documents. Plaintiff applied for a writ of mandamus, which was denied. The District Court of Appeal held that the city was sot required to do any more than it had already done. IV. FLI7RIDA ATTURNEY GENERAL QPINI[JNS A. AGa X001-09 A code enforcement lien is not assignable. B AGQ ZOOZ•78 A code enforcement special magistrate who contracts with a municipality to perform hislher duties is an "off leer" for purposes of Article fI, Section ~a}, Florida Constitution. Article II, Section 5~a}prohibits "dual o~ceholding"; hence, a special magistrate cannot hold such once for Z or more municipalities for countiies, for that matter) at the same time. C. AGQ 2008-~9 A property appraiser who maintains a list of the names of individual, whose home addressee and telephone numbers are exempt from public records disclosure under Fla. Stat.119.07'1 ~4}~d} must provide such list far inspection and copying under the Florida Public Records Law. D. AGQ Zo118-34 A counfiy may impose existing~zoning and land use regulations upon the siting of a proposed sports shooting range. However, na newhy created or amended zoning or sand use regulations may be enforced against existing ranges. n u E. AG(l X048-65 The opinion dealt with the use of anon-line bulletin board for workshop meetings of municipal advisory boards and whether such would violate the Florida Government~in the Sunshine Law, With a number of caveats, the Attorney General stated that such meetings would not violate the Sunshine Law if proper notice is given, interactive access to members of the public is provided, and if wri#ten minutes are prepared and promptly recorded, *** NfITE: ~1}What follows is a copy of a proposed federal law X5.974}introduced i~n the U.S. Senate by Sen. Mel Martinez (Florida} and Sen. Mary Landrieu ~Louisi~aa}which would establish a grant program oaf $~o million annually Pram ~Olo-2414} to assist local governments with bgilding code enforcement, property maintenance, and Security. ~Z} Aho following are various articles which describe the canditians which occur ae a result of mortgage foreclosures and local governments' reaction to them. ~3} Finally, a copy of a Chula Vista, Calif. ordinance is included which provides for registration of vacantlabandaned residential property and maintaining of same. Note especially the "WHEREAS" clauses which form the legislative intent for the ordinance, From: Mcleod, Chad (Mart~nez~ [maitto:Chad_MCLeod@mardnez.senate.gov] Sen#: Tuesday, May o5, 204912:31 PM To: Frank Cassidy Cc: Hines, Sarah ~Ma~inez}; James Burch; Terrance Stewart; Carl Schwing Sub~ec~: MARTINEZ: M4UlvTING CASTS OF F~RECL~SURE CRISIS CONTINUE TQ IMPACT COMMUNITIES Frank, Thank you very much for the information yesterday. As you'll See below, Sen. Martinez continues to look far ways to help communities that are struggling to keep up with foreclosure costs, The information you provided was helpful in giving the Senator a better picture of how cities Such as Cape Coral are trying to deal with these issues. let me know if you have any questions. Thanks again. Chad Mc~evd Southwest Florida Regional Director U.S. Senator Mel Martinez 2~2D Main Street, Suite 2aU Fart Myers, FL 33901 239.332.3898 239.332.3447 fax ,.,, ~~~ , ~~~l~f ~- w .( MEL MARTINEZ ~Jnited States Senator, Florida Ft3R IMMEDIATE RELEASE Tuesday, May o5, 2009 i .~.~- .... ,_ ..~ MARTINEZ: MOUNTING COSTS OF FORECLOSURE CRISIS CONTINUE TO IMPACT COMMUNITTES Mar~ieez and Sea Landrier ojjer Community Grnnt progmm ro help defray climbing costs WASHINGTON -- United States Senators Mel Martinez ~R-FL} and Mary Landrieu, ~D-LAS, today introduced the Community Building Code Administration Grant Act, which establishes a competitive grant program within the U.S. Departrment of Housing and Urban Development THUD} to help local governments with building code enforcement, property maintenance, and security. "When people walk away from their properties, communities suffer. The nation's massive foreclosure problem has hit many communities with the added costs of neighborhood upkeep and code compliance," sand Senator Martinez, former Secretary of the U.S. Department of Housing and Urban Development. "One small community in southwest Florida had to double their budget for mowing unattended yards, boarding up abandoned homes, and added security. This is yet another fallout of the foreclosure crisis and this grant program will help." "In the a#~ermath of Hurricanes Katrina, Rata, Gustav and lke, we have had a construction boom in Louisiana," Sen. Landrieu said. "As we rebuild our region, our local governments need help enforcing building codes that will protect us against future disasters. Lax enforcement of these rules threatens public safety and drives up inswrance premiums. This bill solves the problem by helping ensure new construction complies with safety rules that will protect our community infrastructure." The legislation authorizes $24 million annually from 201o to 2014 for the grant program. For every $1 the federal government spends on enforcement of federal standards on mitigation and flood elevations, taxpayers save $4 in disaster assistance costs, Sens. Tim Johnson, D-S.D., and Joe Lieberman, I-Conn., are cosponsors of the bill. A companion House bill was introduced by Congressman Dennis Moore, D-Kansas. The same legislation passed the House last July. The measure is supported by trade associations, such as the American Institute of Architects, the American Society of Civil Engineers, the International Code Council, the international Fire Code Council, the Alliance to Save Energy and the National Institute of Building Sciences. Search Results - 'f I-t~M11-5 Library of Congress} Nage t of .~ ilie Lir~r~uy nt I_pngrr~s a fll()D1A5 Ho[t~e -• l~ill5. Rr~yirlitFi~~nS ~ .`~er~i~ll Nr'SuNS T'HI$ SE]IRCg Next Hit Prev Hit Hit List TAIS DOCUi~NT GO fiD Faraatd Herr Hill~._5ea~ch Ba~cJt HomePag~ Best Sections Halp Contents pisplay s.9~o Community Building Code Administration Grant Act ai' 7009 =Introduced In Senate) S 97D IS 11 ith CONGRbSS 1st Session s. ~~o To promote and enhance the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program. IN THE SENATE ~F THE UNITES STATES e May 5, Iao9 Ms, IANDaIEU for herself, Mr. MARTINEZ, Mr. ]DHNSGN, and Mr. L1EB~RMAN) introduced the fallowing bail; which was read twice and referred to the Committee an Banking, Housing, and Urban Affairs A BILL To promote and enhance the operation of Iocal building code enforcement administration across the country by establishing a competitive Federal matching grant program. Be it enacted by cne Senate acrd House of Representatives of the United States of America In Congress assembled, SECTION 1. SHIRT TITLE. This Act may be cited as the ' Community Building Code Administration Grant Act of 2flD9'. SEC. 2. GRANT PROGRAM AUTHORIZED. . ~a}Grant Authorization- The Secretary of Housing and Urban Development shall to the extent amounts are made available far grants under this Act provide grants to local building code enforcement departments. fib) Competitive Awards- The Secretary shall award grants under subsection ~a) on a competitive basis pursuant to the criteria set forth in Section 6, but also taking into consideration the following; (i) The financial need of each building code enforcement department. (2}The benefit to the jurisdiction of having an adequately funded building code enforcement department. ~3) The demonstrated ability of each building code enforcement department to work cooperatively with ether local code enforcement offices, health departments, and local prosecutorial agencies. ~c) Maximum Amount- The maximum amount of any grant awarded under this section shall not exceed $1,QQQ,Q40, SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. In order to be eligible far a grant under section 2, a building code enforcement department of a jurisdiction shall submit to the Secretary the fallowing; (1) A demonstration of the jurisdiction's needs in executing building cede enforcement administration. ~2} A plan for the use of any funds received from a grant under this Act that addresses the needs discussed in paragraph ~1}and that is consistent with the authorized uses established in section ~. ~3} A plan for local governmental actions to be taken to establish and sustain local building code enforcement administration functions, without continuing Federal support, at a level at least equivalent to that proposed in the grant application, (4) A plan to create and maintain a program of public outreach that includes a regularly updated and readily accessible means of public communication, interaction, and reporting regarding the services and work of the building Cade enforcement department to be supported by the grant, (5) A plan for ensuring the timely and effective administrative enforcement of building safety and fire prevention violations. http:llwww.thomas.govl~gi~binlquerylD?c 111:1:.Itempl~c I ~ 1 fxFplg:b0: 5/11/2409 Search Results - '1'H~MAS (Library of Congress) rage ,~ of .s SEC. 4. USE ~F FUND5; MATCHING FUNDS. (a) Authorized Uses- Amounts from grants awarded under section 2 may be used by the grant recipient to supplement existing State or local funding for administration of building code enfarcement. Such amounts may be used to increase staffing, provide staff training, increase staff competence and professional qualifications, ar support individual certification or departmental accreditation, ar for capital expenditures Specifically dedicated to the administration of the building code enforcement department. (b) Additional Requirement- Each building code enforcement department receiving a grant under section 2 shall empanel a code administration and enforcement team consisting of at least 1 full-time building code enforcement officer, a city planner, and a health planner ar similar affrcer. (c) Matching Funds Required- (1} IN GENERAL- To be eligible to receive a grant under this Act, a building code enforcement department shall provide matching, non- Federal funds in the fallowing amount: (A) In the case of a building code enforcement department serving an area with a population of mare than 50,000, an amount equal to not less than 54 percent of the total amount of any grant to be awarded under this Act. (B) In the case of a building code enforcement department serving an area with a population of between 24,001 and 54,004, an amount equal to not less than ~S percent of the total amount of any grant to be awarded under this Act. (C) In the case of a building code enforcement department serving an area with a population of less than 20,004, an amount equal to not less than 12.5 percent of khe total amount of any grant to be awarded under this Act, (2) EC~N~MIC DISTRESS- (A) IN GENERAL- The Secretary may waive the matching fund requirements under paragraph (i}, and institute, by regulation, new matching fund requirements based upon khe level of economic distress of the jurisdiction in which the local building code enfarcement department seeking such grant is located. (B) CGNTENT QF REGULATIONS- Any regulations Instituted under subparagraph 4A) shall include-- (I) a method that allows for a comparison of the degree of economic distress among the local jurisdictions of grant applicants, as measured by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in such jurisdiction; and (ii) any other factor determined to be relevant by the Secretary in assessing the comparative degree of economic distress among such jurisdictions. (d} In-Kind Contributions- In determining the non-Federal share required to be provided under subsection (c}, the Secretary shall consider in- kind contributions, not to exceed 54 percent of the amount that the department contributes in non-Federal funds, (e) Waive- of Matching Requirement- The Secretary shall waive the matching fund requirements under subsection (c} for any recipient jurisdiction that has dedicated all building code permitting Fees to the conduct of local building code enforcement. SEC. 5. RATING AND RANKING OF APPLICATIQNS. Eligible applications will be rated and ranked according to the criteria under section fi. All complete applications shall be compared to one another and points shall be assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. SEC. 6. CRITERIA. The criteria under this section are a5 follows: (1) NEED AND CGMMUN[TY BENEFIT FRGM CGDE ENFORCEMENT GRANT' FUND5- The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between local building code enforcement officials and other local agencies, as well as acommunity-oriented approach to building code enforcement, with paints awarded as follows; Tha if~int h?nefirs prc~vtded by the prtaposeci axpenriiture fer the follvwinq groups ar activities. PravidA a brief expianati~an of tl' (~) CURRENT CODE ENFORCEMENT AND HQUSING CONSERVATIQN PLAN- Whether the loaf legislative body in which the applicant resides has adopted a plan that addresses residential structure conservation and building code enfarcement, Points shall be awarded, based on which of the descriptions from the fallowing list best reflects such jurisdiction's plan far building code enforcement activities, as follows: http:llwww.thomas. goo/cgi-bir~lquerylD?c l l l :1:.Itempl~ l 11 fxFpig:b0: 5/1112009 Search Results - "1'HUMAS ~L~brary ut~ Congress} ~lage .~ o~ s Tr~c ta1,:En E~tc,vi,~F~s 1~~r t?~~-~art.ivN ~•~,de ~nt~,r~:~~m~nt In~~t_ ius[ ru~,pc~nciiny rr~ ~~cmpl~iirrt.s}, ~~i 'i'hF~ E:~~,+n r~nly I,t~rvl~3Fr~; tier t,r~~,,r~;t~v~, .~i.;~.le ,anr~-,~-,:~~•ntNnt inUt just rN~;~~r,nciitiq to ~~rxnplaint::~J .an~~ r_a.ll:> tcrr an invert The plan provide:s tc~i :game ty~~e r:rk ptr~rtctive i.•r:cir' ?nt~~r~~ernent lather than just. respatrciinq to ~_r~rrrplt~.iirt::? hut, ~:~a?5n't ~rcldr?ss ~_~,u! 'i'he E~1;3n c~n~ y refers tee a rkPf.'( (3~ CDMMUNITY-DRIENTED 0R INTERDISC1PLiNARY CODE ENFORCEMENT-'The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between building code enforcement officials and other local agencies, as well as acommunity-oriented approach to code enforcement, with points awarded as fpllnws; I~~enti,fy ~.:urrerat r~r prc~pwsec~ inr.ercSisci,plirrary code enforcpmrnt programs ~~r dctivitips and the team members (f7rample: c~c~de entari Identify ~~urrent cr prr;posed t (4y PROACTIVE CDDE ENFORCEMENT ACT~V1TiES- The effectiveness of the prgposed or existing proactive activities and programs operated by any existing building code enforcement program, which shall include points awarded as fellows for any such activities or programs; ~ls s~xcx ors Docv~~rr co ma Haxt Hit Farrrard Herr Hills search Prev Hit Hack HamiwPaq~ Hit List Best Sections Help Contents Dis4lay TH(1~~kAS Ffome i Contact 1 Accessrbdity i l.eyal ~ USA.guv http:llwww.thornas.govlcg~-binlquerylD?c 1 ~ 1: ~ :.Itempl~c l 11 fxFplg:bo: 511 ~IZOO9 rd~c Same cities have passed ordinance requiring that tide holders of forecbsed properkies maintain the property. Other cities are attempting to educate mortgage lenders and servicers about their n~ponsibilities for maintaining property, Other cities have filed suits in recent months under varbus legal theories in both state and federal courts. No rulings have been issued yet. The Problems of Yacant Property Cities argue that they are bs~g tax revenue from foreclosed homes and have been forced to incr~se spending to deal with vacant properties. titles' foreclosure rns~ are straining tax bases and services, like poike and fire departments. , metal theft, drug dealing and prostitutlon, k Ong to Vacant propefies become beacons for rodents and pests, illegal dumping cycles of blightr Situations have cripple-effect and bwer the propel value of surrounding homes, making neighbort~oads less stable and less attractive tv buyers, Especially hard hit are cities in Cafifomia, Rorida, Nevada and Arizona, whkh combine to make up 25 percent of U.S. bans outstandbg and 42 percent of U.S. foreclosure starts in the first quarter of 2008. The next highest states were Texas, Mkhigan and Ohio. The Host of demol~hing a home in Kansas City, lHo., costs at least $8,000. According to Nathan Pare, manager of Kansas City's dangerous buildings department, the city ~ tearing down three homes each week, far exceeding the $900,004 that ~ budgeted yearly for such demolition. The oast for such demolition is higher in attar cities. Qutroach tv Mortgage Landers The City of St. Paul, Minn., has, to date, stopped short of litigation and initiated contact wibt lenders about what it views as (heir legal duties. On April 8, the cityr sent fetter's demanding that lenders articulate a plan for facing up and reoccupying the abandoned homes they own or control. The City said that only a small group of large lenders is responsible for neglecting abandoned properties and leaving them tQ deteriorate. City DrdinanCes Other does are passing city ordinances requiring the upkeep of foreclosed properties regardless of why owns or holds trtb to the property Chin Vita, Calif., passed an ordinance that holds lenders respansirble for the eondidon of abandoned properties or financially disttressed homes. Vroiators who fail to maintain properties can be fined up to $1,000 for each day the property r~emalrts unkempt, leading eventually to a lien on the properly. Boston has passed an ordinance requiring companies to register foreclosed properties with the city, identify who is responsible for maintenance, post their contact information on the properly, and pay a $14D annual fee on each vacant home. Lawsuit Baltimore was the first city to fib suit in federal court. It is seeking to recover tost$ for injuries allegedly caused by racially discriminatory lending pracriaes, under the Federal Fair Housing Act. Most recently, cities have been filing suits in state courts, understate publk nuance laws and bcal property ordinances, These suits assert that lenders have a legal duty in the foreclosure process to either sell the property or bring it up to code. These suits target the spedfk acfions of lenders after foreclosure and their legal duties as land owners, as opposed to the Baltimore suit that focuses mare broadly on the acdor~s of lenders during the lef~ding process. Cleveland had more than 7,500 foreclosures last year. In February, the city filed suit to recover damages far bst property tax revenue, as well as the cost of demolishing abandoned horses and polidng neighborhoods plagued by foreclosure. Buffab, N.Y.'s suit relies on dty and state nuisance laws, as welt as the state properly maintenance code. The suit, whkh had its first hearing in May, seeks damages to paver the demolfion costs of 57 specific foreclosed lam, at $26,000 each. 8uffab estimates it has 10,000 abandoned properties. While Cleveland's suit names 21 defendants and Buffab's 39, Minneapolis targets just one devebper, respor~ible for 14D properties. Hawthorne, a municipality within Minneapolis, has f led suit against one lender, for one property. The suit, filed in January, clairr~ improper lending and publk nuisance. fn both Minneapdis and Hawthorne, the sty seeks the appointment of an adminis#rator to manage and clean up the properties, as well as damages. Part of a Larger Response Cities, however, are not relying solely on litk,~bon to address this problem. For example, St. Paul's plan includes providing forecbsure ovunsebrs to homeowners and using $l7 million ~ ~ Sales Tax Rewitalir~ion program money to address neighborhoods' foretbsure issues. ~i~gi2oos t'age .S of .~ Baltimore and Cleveland have both started land banks that have the authority to acquire and sell abandoned properhl. MinneapoNs ~s investing in a new public relations campaign, aiming to avoid more vacant homes by attratfing buyers to the area. Page 2 of 4 Taya Gray for The Wal! Street Journal India Chief of Police Brad Ramos examined a foreclosed, bank-owned home on Indio's Ozark Court on Monday. IN~IG, Calif. -- gfficials at a Citi rout Inc, office in St. Louis placed a cal! to this desert town recently. The bank had caught word that Indio was coming after the lending giant with fines and threwts of criminal charges. The offense: an algae-infested swimming pool at 19760 Eagle Bend Court. Citigroup wound up in charge of the foreclosed home, one of thousands of such properties it was managing across the country. But last year, Indio passed a law that allowed it to charge banks with a criminal misdemeanor if they allowed a home to fall into disrepair. "If I need to do it, I'll say, 'Mr. Bank President, if you don't come and take care of your property, we're going to come arrest you and take you to court in California,"'says Brad Ramos, Indio'stong-serving police chief. The hard-line approach is part of this town's attempt to gain leverage over some of the nation's largest lenders. A couple of years ago, Indio was areal-estate bonanza. old date farms were closing down, sprouting subdivisions in their places. Today i#'s a different scene with one in ~6 houses either in default or foreclosure. The upshot is that faraway banks have become the de facto landlords of India, and people here say the absentee lenders are letting the whale valley fail apart. Houses "look like dus# bowls," says Gene Gilbert, the mayor pro tem, who thinks a glut of run-dawn homes may depress his hometown's local market Tong after the recession ends. Criminalizing things like algae in a pool has given Mr. Ramos a stick to make lenders snap to attention. Vvithout that threat, the police chief says, "far-off banks, billion-dollar corporations, they could simply ignore us." A Citigroup spokesman says the bank never meant to ignore Indio and all al ong had "tried to maintain the property in good condition." After the letters from Indio, Citigroup paid a $3,456 fine to Indio and sen# a cleaning crew to fix the pool at Eagle Bend Court where Citigroup had managed the foreclosure process. Mr. Ramos has organized his department to focus on this new type of crime. Uniformed officers make weekly sweeps through subdivisions, casting about for infractions like dead landscaping .Financial institutions from Seattle to New York are finding themselves providing new services that include pruning bushes and watering cactuses. Qn Austin Drive, J.P. Moran Chase & Co.'s Vvashington Mutual bank had areal-estate agent wa#er some dead grass after receiving a warning from Indio. 4n Palm View Street, Fannie Mae spent $7,004 to remove a fallen tree and took care of a few broken windows. Indio says it's still pursuing Bank of New Yark Mellon Corp., the trustee of a property on Avenida Linda Vista w here weeds were "four to five feet tall." It`s a tale of two cities. In Coachella, Caiif., foreclosed homes are left to deteriorate and drag down housing SI412~09 Page 3 of ~ prices. But in neighboring fndio, city officials have threatened banks with legal action if foreclosed houses aren't maintained. Nicholas Casey reports. Lenders say that such repairs and upkeep are part of the normal course of business, and that Indio's ordinance hasn'# prompted any special actions. A Washington Mutual spokesman said local real-estate agents send in photos of bank-awned properties so the fender can watch for disrepair from afar. A Fannie Mae spokeswoman said the lender's first goal is to "stabilize neighborhoods." New York Mellon said its role as trustee didn't merit citations from India. Even before the mortgage crisis erupted in full, big cities like Cleveland and Buffalo had fashioned laws of their own to browbeat banks into taking care of urban blight. Now some small towns are also taking matters into their own hands. Indio's neighbors Palm Springs, Desert Hot Springs and Cathedral City each pushed ahead with laws much like Indio's. The town's own ordinance was fashioned off a 200? law from Chula Vista, a city south of San Diego which began fining lenders up to $1,000 a day for unsightly or dangerous code violations such as broken windows. "These lenders speak one language --money," says Doug Leeper, the Chula Vista code-enforcement manager, who says he has issued around $1.4 million in fines against lenders. So far, he's collected half the fines and has plans to wrangle the rest through tax liens when the homes are eventually resold. Indio's gruff Mr. Ramos, however, is pushing it beyond tax liens, equating the matter to "arresting the guy that robs a bank." Any softer approach would put the city's home prices in further free fall, he says. A former railroad pit stop, India was founded a century ago deep in the Mojave Desert's Coachella Valley. Far decades, it scraped by as the "Date Capital of the World." But about 1 ~ years ago, life began to change. The booming Los Angeles housing market --centered more than 100 miles away -- expanded to claim the Coachella Valley as its eastern frontier. Indio's population, about 49,000 in the 2000 census, swelled to an estimated 81,040 today. A new land rush was on. Longtime residents worried that the boom times wouldn't last. Mr. Ramos recalls looking at a map of developments pouring across old date fields and thinking: "I know our median income. Who is keeping up with the payments?" By last year, some of the city's new developments were turning into pockets of decay and neglect. Million-dollar homes were being stripped of metal. New houses in gated communities became the domain of squatters. In March of last year, Mr. Gilbert penned a new law requiring banks to register homes the moment they went into foreclosure so the city could monitor if they were being maintained. Fines c ould pile up past $25,OOD if the properties were found to be in disrepair. In a bold move that took its measures beyond mere civil offense, failure to comply was deemed a criminal misdemeanor that could lead to an acres#. City officials say they ginned up a campaign to notify the banks about the new law, but few took action. "The banks were trying to test us to see if we were serious about this," says Jason Anderson, acode-enforcement officer in Indio. Countrywide, one of the biggest fenders in the area, initially just tried tv make the problem go away by writing checks, say city officials. Instead of attending to the upkeep on the properties, they'd ask, "How big was the fine?" Mr. Anderson recalls. Ci#y officials say Countrywide has since become one of the most proactive fenders, contracting local real-es#ate agents to monitor properties and paying for gardeners to handle the upkeep, "There's considerable financial incentive for the bank" to maintain properties, a Countrywide spokesman said. Write to Nicholas Casey at nicholas.caseyQwsj.com • 5/4/2009 THE WALL STREET JQURNAL. ~ v.S. NE'~S . ~ ,~.Y ~~ .Area CA:IiFORf~IA ~^ I. of detail . } ~., •' ~y ~ BarstDw ~. ~, . . t` \ ~ ` r A ~ .... ~.- ~' ~~. ...a •~ ~ ~ ' ~ ~ 1 L ~~ 1 . .~ • . ~ ~ ; ~~, , ~e~aard~~ta~~ ~iV,1 1 ~ .~` / ~' Q ~'~ y. ~ V i~~.~ G ~~ ~ ., ~6r ~.i ... ... ............. ~..... O _. ~ k~~, . At left, Image Pram a video of a backhoe knocking dawn homes in Victorville, Calif., posted an YouTube by the founder of a Web site called Vision Victory Manifesto Above right: artist's rendering of a home that was marketed at the housing development. No Sale: Bank Wrecks New Houses Demolition Costs I;ess Than Finishing, Selling Southern California .Properties BY MICHAEL CoRKERY A Texas bank is about done de- molishing lfi new and partially built houses acc;uired in Southern California through foreclosure, f~- uring itwas better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to pro- vide a "safe environment" for neighbors of the abandoned hous- ing tract in Victorville, a high- desert city about 85 miles north- east ofLosAngeles, abank spokes- mansaid, Victorville city officials said the bank told them the cost offin- ishingthe development would ex- ceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took ever the sprawling housing project, leaving behind graffiti and drug paraphernalia, city affi- cialssaid. "it's unfortunate," said George Duran, the city's code-enforce- meat manager. "We would have hoped for these houses to be fin- ished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is lo- cated, have fallen fi09~ from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price inVictor- ville is $265,990, according to Han- ley Wood Market Intelligence, a housing-research firm. Homes in the Victarville development were paced at a range of $280,00 tv $350,000 in early 2008, according to Hanley Wood. Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in ance- booming suburbs. The houses were built by a California devel- oper less than two years ago, ac- cording to city records, Guaranty Bank has significant exposure to construction loans to home builders. Last month, its par- eat company, Guaranty Financial Group, was issued a "cease and de- sist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound bank- ing practices:' Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But find- ing buyers is difficult, as home val- uesremain under pressure. Guaranty spokesman John Wessman said only four of the 16 structures slated for demolition were "substantially complete," while the others were less than half finished and "exposed to the elements." Guaranty obtained the property through foreclosure in December 2048. The builder, Mat- thews Homes, couldn't be reached A Guarantyoff~cial based in Cal- iforniatoldthe llictarville newspa- per, the Daily Press, that it would cost more than $1 million to finish developing the property sa it could be occupied. Mr. Wessman said that official wasn't autho- rized to speak to reporters. He said he didn't know how much it would cost to finish the job. A demolition job of this size would likely cost more than $104,000, according to a person fa- miliarwith the matter. A video of the houses being knocked down was pasted an YouTube by the founder of a Web site called Vision Victory Manifesto, which has been warning of economic disaster. He declined to give his full name for this story. Many of the appliances had been stripped out of the houses, ac- cording to the demolition com- pany. "I was a little surprised they couldn't come up with an alterna- tive" to demolition, said Ron Willemsen, president of Intravaia Rock & Sand Inc. of Montclair, Ca- lif., which did the demolition. Mr. Willemsen said he would grind up much of the wood into mulch for landscaping, while some of the lumber would be sent to Mexico far construction there. ~ac~,nt-Property Fees Add to Mortgage Firms' Woes 13Y RUTH SIMON As home foreclosures cun- t.inue to rise, a growing number of local governments are impos- ing stifffees onmortgage compa- nies responsible far the vacant properties. Local officials say the levies are intended to offset the cast of maintaining and policing aban- doned homes and to keep these properties Pram becoming blights an neighborhoods. The tougher rules also are adding to the financial burden on mort- gage cornpaniesgrappling with a surge in foreclosures, which some economists estimate may reach three million by the end of this year. And the new rules may raise costs and lower returns for investors who bald bonds backed by pools of mortgages. "These ordinances are p~p- ping up every single day," said Robert Klein, chief executive of Safeguard Properties in Brook- lyn Heights, Ohio, which main- tains vacant homes for mort~ gage companies nationwide. Mr. Klein said his office is tracking more than 60 local ordinances that deal with foreclosed proper- ties. Local governments taking a tougher stand span the country, from Providence, R.I.; to Cincin- ~n the House • Big banks plan bonds designed to increase mortgage financing .... C3 • For-sale signs dwindle slightly, but prices remain under pressure ........... Dl nati, Ohio; to Chula Vista, Calif, Keeping up with so many dif- ferent regulations and changes is a challenge for the mortgage industry, said Chad Neel, presi- dent of FIS Field Services Inc., a Lender Processing Services loc. unit that helps lenders man- agedefaults and foreclosures. In same cases, he added, "they farce you to maintain the prop- erty at a standard that's higher than the one for homeowners:' The Mortgage Bankers Asso- ciationsays that mortgage com- panies are committed to main- taining vacant properties. City officials complain that lo- cal taxpayers can't continue to pick up the cost of cutting lawns, draining swimming pools, board- ing upwindows and policing va- cant properties. In October alone, Louisville, Ky., spent $lOfi,000 maintaining proper- ties owned by major lenders, said Mayor Jerry Abramson, who has been talking to banks about reimbursement for prop- erty maintenance. "The cities are shouldered with the finan- cial cost when they receive a complaint from a neighbor," Mr. Abramson said. Some municipalities are re- sponding tothe challenge by dou- bIing or tripling existing fees and stepping up enforcement of existing ordinances, while oth- ers are adding fees and penal- ties. Registration fees on vacant or foreclosed properties can range from $35 to $500, said Di- ane Pendley, a managing direc- tor at ratings firm Fitch Inc., with annual fees sometimes top- ping $700 and penalties as high as $1,000 a day. In June, California Gov. Ar- nold Schwarzenegger signed a bill that lets local governments in the state impose a $I,000-a- dayfine onfinancial institutions that fail to maintain vacant prop- erties if problems aren't fixed within 14 days. The new law al- lows cities "to go in, abate the problem and tack [the cost] on to the tax bill"without having to en- act alocal ordinance, said Cali- farniastate Sen. Don Perata, the bill's sponsor. Chula Vista, Calif,, went a step further last fall by requiring that mortgage companies regis- terand take responsibility for va- cant homes even if a praperty hasn't yet been the subject of a foreclosure action. The program is designed to keep vacant homes from falling into "a black hole" between delinquency and foreclosure, said Chula Vista's code-enforcement manager, Doug Leeper, who drafted the measure, Under the program, property owners can face fines as high as $1,000 a day if a vacant home is improperly maintained; unpaid levies are tacked an to the lend- er's property-tax bill. Chula Vista already has imposed $296,004 in fines and penalties, Mr. Leeper said. He said he has fielded inquiries about the pro- gram from about 250 communi- ties inArizona, California, Colo- rado Florida, Illinois, Missouri, Oregon and Tennessee. Providence, R.I., recently en- acted a "vacant property pen- alty" that lets the city impose a Wf~(-(- STREET ~+~RNAL ~'ULy d9~e2a8 fine equal to lON'o o#' assessed : value if a vacant praperty re- mains unoccupied and becomes a blight on the neighborhood. "1Ne have inspectors out there now inspecting every neighba - haod in the city and identi every property," said Pr dence's planning director, Thomas E. Deller, adding thathis department already has in- spected more than 950 vacant properties. Other municipalities are beef- ing up existing statutes. While Cincinnati has had avacant- property ordinance for more than a decade, in 204fi it in- creased the application fees for vacant properties to as much as $3,50D a year after five years from a flat $300. This year, the city began obtaining civil judg. ments against property owners who don't pay their fees, It also is putting together a program that will let the city repair, de- molish ar barricade abandoned names and then, to recover the cost, put a tax lien on the prop- erty. City officials say they have collected about $192,UQ0 in fees so far this year compared with roughly $265,400 in al! of 2007. Many of the vacant proper- ties "are owned by lenders, and i we are having a difficult time of getting them to step up to the plate," said Edward Cunnin - ham, Cincinnati's division ager for property mainten and code enforcement, adding that the money collected by the city goes into a fund used to deal with vacant buildings. The registration programs are also designed to make it eas- ierfor cities to determine whom they should contact if the neigh- bors start to complain. "The idea is to get some re- sponsibility so these buildings don't sit there and have a nega- tive impact on the community while people argue about who is ; responsible," said William Good, commissioner of inspectional , services for Boston, which re- centlybegan requiring that prop- erties beregistered with the city as soon as a foreclosure notice is issued. To increase accountabil- ity, Boston is requsringthat own- ers ofvacant properties hire a lo- cal property manager to be re- sponsible for inspecting the property monthly and maintain- ing it. Local governments contend that vacant names are burdening them with added maintenance costs involving cleanup and policing. In Homeowners' Latest Woe, Banks Are Skipping Foreclosures - N Y"1'imes.com w.kome to nmeePeople ~ TimesPeople Lets You Share and Discover the Bost of NY.., ~ t a3 aM Get 5larted Nn.lhanks What's Ihks7 ('gel Hame Qelivery Log In Register Naw HOME PAGE TOpAY'S PAPEfi VIDEO M05T POPULAR T1ME5 TOR1C5 ~1;.'~t?'1U 0!'~ ~1q1'$ Sesirot wl MtTme,.oom Ga U.S. WE'RE HERE TO LEND. WpRl,D 13.5. I~.1'. / REC10N BUS1NE55 TF,CHN()LQGI' SCIENCE HEAi.Tii SPQRTS OPINiUN ~-RT5 STYLE TRAVEL JDBS REAL ESTATE AUTOS POLI~IGS wasHlN~roN EDLICA'~ION IIn1,iWBt TD S~ tY1QItE Bank ~~~~r. ms.+.s-.Ir,~rra.rA,t~. m More Articles in tJ3 >, ~AFE LLA THR NMlY1REITYdNlll~l! ~. Sally Ryan fa The New York Times ~, Mercy James's rental properly Ira South Bend, Ind., was in foreclosure. trut a sheriffs sale was canceled at the teal minute. sy SUSAN SAUl.NY ' PubH5hed Match 29.21yr}9 COMMENT'S 4611 sovTH BEND, Ind. -Mercy James thought she had lost her rental SIGN IN TQ i:~tAiL property here to foreclosure. A date for a sheri>~s sale had been set, DINT and notices about the fia>redosure process were piling up in her SINGLE PAGE ~~ REPRINTS SHARE enlarge 1'nis lmaga Ms. James had the tengnts mane out, r and soon her white house at the ~a+ ~•E t~s • s~wscata er corner of Thomas and Maple Streets fell into the hands of looters and vandals, and then, into disrepair. Dejected and broke, Ms..lames said she salvaged but a lesson from her less. anti- R fan r3r The New r ork Times After Ms James had her tenants rnnve cut, vandals hit the home. 11 is Sv imagine her surprise when the City of South Bend set far demohtinn, but the title is sUil in +~n~~ ~~„ receDtly, demanding that she reStslIDe her name. maintenance on the property. The sheriffs sale had been Rem' Cosrimtmt* can+oeled at the last minute, leaving the pmperty title - and a world of trouble - in her name. Readers shared their thoughts on this article. "I thought, `W~tat kind ofg~ume is this?' " Ms. James, ~~, Reaald All Comments X81 ~ ~ said while picking at trash at the house, now so Hmrthless the city plans todemolish it -- soother bill for whin she will be liable. City offilcials and housing advocates here and in cities as varied ass Buffalo, Kansas City, LEARN A10RSE MUST ~gPULAR E•MAllea sLOGG1=D SEARCHED t. Light and Cheap, Netbooks Are Poised to Reshape PC Industry 2. Downturn Puts New Stresses on Libraries 3. Editorial Obsener:1h ith the Downturn, lt's'~ime to Rethink the Legal Profession 4. Timothy Egan, The orphans of Ireland S. Hell: Life Lessons Frvm the Family Dag 5. Dcetors Are Opting Out of Medicare ~. Boats Too Costly to Keep Are Littering Coastlines t3. Heart Muscle Renewed Over irfetiwe, Study Finds 9. ~'ou've Got Voice Mail, but Do Y au Care? to. David Brooks: Greed and Stupidity Go to Complete List ~ BUSINESS nytin>we.conrlpush+ee>N rar ~~ ,-~sr-. President Obaima'sl< plan far amaii butsineasllesls http:llwww.nytimes.com1200910313o1us13owa~kaway.html?pagewanted=l8~_~3&re~busin... 4/312009 Banks Starting to Walk Away on Foreclosures ~n Homeowners' Latest Woe, Banks Are skipping t~oreclosures ~ NY l~mes.com Mo., and Jacksonville, Fla., say they are seeing an ut~ttling development: Banks are , i , quietly declining to take possession of properties at the end of the foreclosure pr+acess, '~0 n gu~nei~ _~ low to reneyoNate a contract most often because the cost of the ordeal - from le~l fees to maintenance - exceeds the How ro determine your bus~nese~s sell~Qpnce diminish%ng value of the real estate. How__.tg~uka sma~.~~siness 'Z1te so-called banlt wall~aways rarely meaD relief for the property owners, caught unaware months after the fact, and often mesa additional finar~aal burdens and bureaucratx headaches. Technically, they still owe on the mortgage, but ors a practicality, rarely would a mortgage holder roaen-e any more payments on the loan. 'Ibe way mortgages are bundled and resold, it can be enormously time-consuming just ttyutg to determine what company holds the loan oa a property thought to be in foreclosure. In Ms. James's case, the company that was mast rocently servicing her loan is now defunct. Its parent company filed far baniavptcy and diaolved And the original bank that sold her the loaa said it cx~uld not find a rerord of it. "It is what some of us think is the next wave of the crisis," said Kermit Lind, a clir>uc~l professor at the Cleveland-Marshall College of Law and an expert on frareclasw~e law. For older industrial cities like South Head, hard times in the mortgage market began before the recent natioa>itl downturn, as did the problem of bank walkaways. In the case of Ms.James, a home heatt6 care adminish~ator, the forecrosure proc:eeding~ began io the summer of 2007, when she could not keep up with the adjustable rate an her mortgage. In Buffalo, where officials said the problem had reached "epidemic' proportions in recent months, the sty sued 37 beaks fast year, claiming they were respons~le for the deterioration of at least 57 abandoned homes; the city chose a sampling of houses to include in the lawsuit, even though the banks had wallced away prom many more foreclosures. So far, five banks have settled. ApVER11SEMENTS Get Horne Delivery ~~~~ GM Tfiner+ Reeder Free. A OlgitH I~H~ New~~ rntt ae~a.lr~k. rn. Real Thin. ~APELLA r~ s uMr~en arru~t In Kansas City, Rachel Foley, a lawyer who handles housing tries, said bank waikaways Ads w C~oogle - _ whars this? were "a rare atxurreaae two to three Y~ ago." ; v~I1C01fYN W~ fonuo~ur~ Looking For An tnvesetnent? Caa lJr; For Raai Este "We're seeing them dumped more and mare al the moment," she said. ~ ~~~~~~. www.QueMtYPropServices.com F.J[per~ suggest the bank Wallcaways are most visible ~ states where foreclosures are Mart~ati • Coun~f wider ' Na Cash Required For Closing Goats. Cap or Apply Online Now processed through the courts and theref'ore tend to be mare transparent. other states, ! '""~'r.~ourjlrywide.com like Indiana and New York, have court-mandated forecl~, but roughly half of the ~; Fi Yot,r . osn~3~you YNr StateB allow fDreClosur+ce t0 prCMxied without tAUrt inteNentlOII, Illaklrlg i# d1lfiCUlt t0 f)ur Loan Audit Wig Provide Leverage To Renegotiab Your Laanl accurately onunt the number Of bank walkaways m rece>st months. ` www.Fixlroutioan.com The raft housing market and the vandalism that often occurs when a house sits empty are the two main factors influencing the mortgage holders' depsions to walk away, said Larry Rothenberg, a lawyer for Wellman, Weinberg Sc Reis, one of the larger credi#ors' rights nvsiu~ ~avrrM~s•coM firms in the country. "Oftentimes when the foreclosure starts out, it's a viable property," Mr. Rorthenberg said, "but by the fume it gets to a sheriffs sale, it might not have enough value to justify further expense. we've always had cases where property was vandalized or lost value, but they were rare compared to these times." 1 ~ z T~Exr PaGE k versiv-~ of 1h~s artieie appeared in pnn! an March 30.2Q(}9, on page Mon Articles In US ~ A~~ of the New Yark eddion. http:!lwww.nytimes.coml2oo~l03l30lus13owallcaway.htrr~?pagewanted~ 1 ~~r=3&re~=busin... 413l~009 In Homeowners' I,ates~ Woe, Banks Are Skipping Forectosu~es - N Y'1'~mes.com Wekom~ ~°'fyltH><P~ople ~ 7imesPeople Lels You Share and Discover the Best of NY... ~ s oz A~ Get Started No, Ihan#c~ What's thie7 HOME PAGE ; TpDAY'S PAPER ,VIDEO MDST POPULAR TIMES TOP#CS ; Get Home pehvery I,ag In Register Naw Search Ail NIYTImei.com ~e ~1"c~a fork ~mcs ~o U.S. WpRLD tJ.S. N,Y. / RP:GIDN BUSINESS TEC13iVOLOGY SCIF.IVCE 3iF.~lL7'H 4PORx8 {1PINIOH ARTS SI'YI.S TRAVEL JOBS REAL ESTATE AUTOS i PoLlTics WASHINGTON EIauCATiON `, ~ HEIFER' +tifk~~~~ irti4k Banks Startin to ~Nalk Away on Foreclosures M°" ArE~'~ ~" ~s " g ' Published. Match 29. ZQQ9 COMMENTS rely (Page 2 of ~) + SIGN IN TO E-MAII 'Ibe problem seems mast acute at the bottom of the market -- houses PRINT that were inexpensive tobeginwith -and with investment 31NQt.E PAC3E ~, properties, where investors and banks want speedy closure by REPRINT8 ~t writing off bad loans as losses. Banks and investors typically Lose go s~ARe Percent to So percent of their investment on every far+eclasure. i ~ar.c.t roo~s + SP,M1:rEG 6i I Guy Cecala, publisher of Inside ~ a ' Resildr~' Cammenb Mortgage Finance, ao industry ~, new:~letter, said same properties had ~ Readers shared their ~ ~ ~ ~ ~~ became such Labt~es for Investors thoc~~hts on this article. Read Afl Comments (61 y ~ that it was oat even worth holding on to them to step , ', valuable futures, ldce kitchen appliances, toilets and .~ 'f .J ~~ ,~ E llardwart'. ~~~ r + { "The whole pltrpose of foreclosure is to take title of the property, sell it and recoup what money you can," Mr. Cecala said. "It's just a sign of the times that things are so bad no one wants to take possession of the property." i~T ~t>ri'uu-a E~utAILED BitlG(3Ep SEARCHED '~ In South Bend, boarded-up houses fo#r whom no one has stepped forward are dotting the i. Light sad Cheap, Netbooks :,re Poised to Reshape PC ~ landscape, adding a frnsh layer of blight to communities that were already scarred from Industry the area'8 industrial decline. ~. Dawnturu Puts l~ew Stresses on Lrbrarres ! 3. F,ditorial Observer: lhith the Downturn, It's Time to The ©ty is hoping to create a new type of legal mediation process that would bring Rethink the Legal Profession together the homeowlaet~s and the mortgage holders to settle their disputes while allowing ~. Timothy Egan: The Orphans of Ireland the owners to reIDain lll the home -- COnsiderEd CR1Cial to any St8b11lZ8ti0D effort. g, 6. Hell: Life lessors From the Family Dog Doctors ~1re Optia~ Gut of Medicare "I'd say in the last three or four months, we've seen darcns of these crises,„said Chuck ~. Beats Too Costly !o Keep Are Littering Coastlines the South Bend sty attorney. `~Ve see it Dne of two Ways. Otte is that the beak will Leone 8. Eieart Muscle Renewed Over Lifetime, Study Finds ' ' , simply dismiss the foreclosure oamplaint.'l~e other is that the mortgage holder will ~. you on Care? ve (got Voice Mail, but Do 1 k d d idi follow through and take a judgment of foreclosure, but then not schedule the property far ~n, ty s: Gree an Stup Da~7d Broo sherlft'S sale." Go b Complete list ~ In Ms. ,lames's case, it has been impossible to determine who canceled the sheriff s sale, ~, stone her last mortgage holder went out of business. Even the city clerk's records did not ~e ~ ~amtil ~ U S~ N E~ +I, provide an anSWer'. nytlmess.con~huelnetre I~ who's nettle "said Jud Fo Ms. James's . "Nobody has any idea who owns what ar respo y x, lawyer at the Notre Dame Legal Aid Clinic. "It's a very common story." iii INSIDE NY771HES,CUM http:Ilwww.nytimes.com120091031301us130walkaway.html?pagewanted=2&_r=3~t~e~busin... 41312U09 ~n ~ homeowners' ~.at~~st ~'Voe, Banks Are Skipping Foreclosures - N Y' ~'imes.com Mayor Stephen J. Luecke of South Bend added: "It's just a crime the way it puts people in limbo. They first off have gone through the grief of losing their house, then they move out and find out that they still own it and have responsibility for it." In Jacl~olaville, Fla., Sylvester Kimbmugh Jr. found hiual~elf caught in the Wnbo 6et~weeya, farectast>tre and ownership last year, >to years into his 3o-year mortgage an a $~~,ooo two-bedroom house. Mr. ICimbrough, S6, a former driver for a car dealership who is now unemplaryed, had aL~eady moved out when he learned that the fareelasure had been stopped. "'mat move really almost destroyed us," Mr. Rimbmugh said. "It was all for nothing." A version of this article appeared m print an March 30. 2009. an page :420 of the New York edrtion ~.. ~' Glkk here to enjoy the convenience of home delivery at The ~~~ ~~~ Timesi for te:re than s1 a day. A~~s by Gaagle ' B>inic of A~_erke® rte a Refinance and stabile your ARM payments, Bank of America can help, www.t~errkehmerica.com FIx_. Yo±>~I~t,_~~Fixrd Qur Loan Audk WiA f'rov+de Leverage To Renegotiate Yaur Loan! www.FlxYoruLoen.com Fa.,~~o~e_Auction 900 Foreclosed FL Homes Yo tae Sald Huge 8 Day Home Auctionl 4118-413 wwwl-udion,corn~it?DC Parsrt Coverpe i The Weekender ~'' ~' ~ Save 50% what's Ihis? ~; ~~ f i i President Obama'a plan for small hussineasetti Also in Buetnae: How to renegQ~i~Ie-a cor>;r~ct Mow.to deterrnine,your husineas's selling price H,.P+y tQ bu~.stn~.plit~~e~ Ads by Gvogle what's This? V~tt~ouvn WA For~clo~urea Looking For An Investment? Call Us Fo- Real Estate Professionals, www. Q ueNtyPropServices, oom . ~ #I~rte» • Gountr'vwide~ , No Cash Required For Closing Costa. Caq Qr Apply online Now www.Countrywlde.com [lnexperted Jump m home sales w t~ebn~ary (March z4, zoog) Fix Your Lo>•n, aX_30 Year Trash-(hit: Ill irarhtge And Its Ltati'i~gs (Match ig, soogy par Loan Audit Wiq Provide Leverage Ta Renegotiate Your The Silence {tithe Gracie (Match >l8, Moog) ~ Laanl KEY ~ SPRING aoo9; iCe}' ~ Spriag 2DO9 ~ A Culd season iri theHatuptons (March ~, ~t]oq) www.FiKYaurl.wn.tan RMatbd $Mrritee Itausin~ and Real Estate Get E•Mad AIeAs i Fareciasures Get t:-MaS AMrts Banks and Bankiwg Get ~~1N ANrh SEihprime Mortgage Crisis [3et E-Maltt Ailette ART L DESIGN s ESCAPES s ttlf8f1tE8S >, oPINIDN s IYIOVIEB s OPIt~f10N r i. ,'""'~',~ ~. ~r~~ ~ ~ a _ ` Zoom: Whose ~~ 'b.~''' - ~ ~ = ~ Father Was He ~,•; w~~4!"'.; ~ ~~. .~~' w~ ~~~ Part Five} PP'- * ~ - '~ ~ Errol Morris concludes iq~~ .• . ~~e.~'~'' his Weell'lOtl ,.,~, ;~,~, . ,~ . g series an Y~ .r .x~' ~~' ~ a Cn71 Wat' i31ysten-', • ~~ Alternative Modernism via For Vacation Homes, 8anka Face Big Losses Ftrnn Gaming oli Age on the Op-Fd: A Torhtred South America Fractional ()vvnership Chinese Realty Midway lnhetYtance Home Warid 115. N Y 1 Region 8ustness Technology Science Health Sports Qpininn Arts Style Travel lobs Real Estate Automobries Sack to Tap C.opyngl~t 2Q09 The Newv York Times Company Privacy Polrcy 5earth Corrections 1ZSS First Look Help Contact Us Work tar Us Site Map C, ADVERTISEMENTS Paevlous PAGE I ~ ~ Get T1mee Render Fne. A Digital More Altictess In ll5 a Nwnipaper That Bade Uke The Rai Thlr-q. Qther paper law you out of the comersiatlon. GN The Weekender. http:llwww.nytimes.comIZ449143l34IusJ3owa~kaway.htm~?pagewanted-Z& r~3&ref~=basin... 4131Zf ~Q9 Dews; City must defend self against code enforcement suit : Newsrierata.cam rate ~ u~ ~+ srigr~rfibe b Papr Ontfee Fdittaa NEWSNERALD~ xa«~ ~;; ii'~'~ 'fl''. publish yattr `stuff ,~„~z, e~! tr,, Sit! Web t~! 1~.,,~t Job= Autos Reallyslate Ch~ssitieds Today's Ads ~ ' ~~ "~p ~ ~r i - ~~~.~~ ~,~~yvrard '~~~ Print 5tary { E•Masl Slaty {Forst Size ~ ~ ~~ City must defend self against code enforcement suit ,~ '.I"1~P11rti I ~.El'!!111!1w{1!i M `~~r~f,~en7her iji ?Ciii~s ' 1.4i=, .Jt~ l'IVI Click to enlarge ^ FWC honors bear Hfeguard PAIVAti11A CITY - A c3rait court judge has revised to dlsntiss a l.amplcin_makes his mark Panama ~ ppytk~s iawe~rit, iry which they aMge a code Gulf Coast Medical Center celebrates new ~ ~ o~iCef ~ ~~ ttlertl ~ ~ try helipad ~ ~ 20~ w~ ~ ~~y ~~~ • Soldier in Iraq held in deaths of 2 unit members Andrew BYrrtB, a New York t^aiy reprssentirtg the couple, UPQATir; Crane topples near Bay Paint Wayne artd Ingrid Andrew=, nerd Judgr t]edee Costello denied , ~,,~' , weep I~ut the l q a sq das at a taesr~ u r t~s motiart ro dl Pana~rtta C + ,~ ,,, ~ ,. . ~ y ~ y ~ ~ a~hYO1~lI~t~~tE RiJ l~IO4^A Yi ~. /, 4 .~I~1.`~~` X17 ~~~; '~':'rj `~~'`~t i~?'~ ~~ Artdr~es ~ ~ lhelr ' ~ lr1 ~ ~ ~~ ~ 5hoating leaves lounge owner ppndering new career alficer JorlB~tan one`ye9t term ended in Aprl 200, and Maybe next ,lime ht:`II think before he the City Cornmisait>rt rter+er reappointed him at s public rttealrtg, cheats ~ ~~ ~ ~ tjDd~ ~ ~ ~ ~~ t~11 The only victim here !s high quality orle ~ ~ ~ ~ reOwK ~~~~ ~~ entertainment. ~ >7ruq charges dropped Artdrerres~s, should be 1lhrswn out, the oaaple says h the lawsuit. 13oyd's son rharged !n alien smuggling They also claim taalher helerirtg alfioer, Michael Rattler, watt ?'1i r, ~. r ': ` ~ ~, ~,; ~ ~ r~= ~ t l.~! ! '~~ ~ ~-' never appdnted by the Commigl0n at a public meedr-g, so aN d ~ COLUMNISTS. Ron„ t•Iart:. Wro really Es the hie judgrrterds and fines should be rullilbd. best rate modal for young women? r VIErWPGiNTS: GflP flip-laps on morals Rob6rt Secttprt a Tallattessee atitxney elao rsprr~ing lhs prug charges dropped ~~ ~ ~~~ ~ ~ ~ r~Uld ~~ ~~ d Judge losses mnlastaGgn charges • News: Red flaps make ma[k tees VIDEO) . ~~ itl~•" NewsHerald com Panama ~ Mayor $COIt Clerrtarts sold U 1q 4ity t~ ~ ~ ' ~,rr I ;"f : ~ ~ I 1 1 { S j ~ I { Y t i ~ ~ e ~ ~ I ~~ r I~i j i 1, ` ~ ~~ ~~ d ~~~~ ~ ~• COLUMNI$T5; Ran Hart: Who-realty is the best roll model Ior young women? "lille're sill evakating ttte value aR Hs degstone. ff he wasn't Gas price props under way (see GAS property appointed, yya'1 flare 10 delertrthta What tt-r PRICES I.QCATOR) ~ WiB ~" ~ ~ Drug charges dropped • Rape I.riat set ire P5J Last ~ ~ ~~ ~ ~.~~ vaed ~~ to • VI~WpOINTS: Many questions remain about school district budget amend the Made enloraernent ordrtanoe, imposrng a two-year term IirNt far heelbtg ot~cers, Ciemorts said ~ action Was in i, .;j~,i,': "ij,~; , ~ tl ;'' 1rYhatisthis7 ~'. ~ reepOrtee tt) the Arx1r'ewsss fA1e end gttnwsl OonCBm about n0 - term Ikttib. atgg Gaogle One d the Cotrrtb in the lawsuit seeks days-agion stabta fa Yahoo! dek.icia.us dernages and coats aaainat the oily. In a phone interview last StumhleUpan hiewsvin~ week Ingrid Andrews said ?2 people hart joined the ietwt;iciL Faceboak Spurl.rtet "This ~~ ~ a ~, ~'~ ~~" ~ ~• Reddit 5lashdot Wayne and tngrid Andrew: ors shareholders in At>dirta Inc.. 9ta aorpora6on listed as the pteirtall in the lawsuit. They dairt thery followed the appropriarte leaps, irtt~t,r[ing otatairting a true tenrorral pem~it, before they bsgart fleeting their tot ar 1119 Ma[tirt Luther tGrg Jr. Blvd In March 2808, the Parwma City Departrrrent issued a strop watic order, rlegttestirtg a detielapnterrt order be obtained, the Arttkerrses were accused d remoring 45 prtpleried treats and darrtsgirg t 1 t~t,ers. 't'he city slapped them with a code entanoerrtent elation n April, and the hearfrq aAtalwa foal order m October said the couple violated nine sec6vrn d the ~ code and lmpaaed a t9Et,b28 tine. A lien later was placed an the prr~perty. The Arrdrswses appealed unsuooesehary b ihs t~iralt tyotrt and Fret Dlsaid Court ot` Appeal. in one d the appeal tteeringe, Clerttorm Bald the couple's tires wens rodtlred to about i1~,00d alter a N~ deterrrMrled A rrlatflenlatlCd error was rttada h C8lCW8dlg ate tlrlee. Weather Yellow Pages 75°F -~- r ! coal ,'•~av rorecast ~'~ RPg!onal maps , rr' r. fJ;rhanallr,~~ Things to da in Panama City Featured Fvents 1. Tfiurrw Find Preserrft... 2. Bikini BW 3. C~tnhiends tfikrrd6rdl... Ireernoeortat~Dafl~t.., 5. iAmder A~fyatery br binrbr... Clker t'+or rtrwe Evertb Add Your Ermtir Find an Event why when when ~ Publish Your Stuff Log In Join Now Explore ,!~~! photos hlogs forums explore Ads by apegM Advertise r,fl rh15 5118 Pall Panama City Beach Hotel DfBofal t3ee. attended Starr Alf Stile, YWM1y Reiea AvaftahM Yhwpainls Poll I' ~+n ;! ~Y,_ nr:•. , ~ !!! P ~,~.!~,, ,~,1, Oo you rxllMvaqu stations anen!~prd In prke gouping9 http:llwww.newsherald.cominewslcity_~S 94 article.htmUhearing~panama.html ~ 91l 7100$ r>DVERTISt;t~FN7 ,~,Q~`ERT15Etv~ENT Amish sue over upstate NY town's building rules rage t of ~ ~. . j stay rrow ' ~ ~~~ BRE~ART hI CAM ~ ~: ~oda~ ..~_ _ _ (3Rt:AKING NEWS --u, oe, waa.a PouTrce atsamEesl s~ trrrartr~rrt~trr scrtrc++ ~unr aoo vroca I~ .~v I ata MoLLYVMOOD ! All AP: Breaking I Alert= I Wot#¢ f U$ I Pali' 1_c~ 16usin4ss I ~ritettHnp~ept I t.i1e I Scienc,~ i add I Sports I tech vrl:wt:o Amish sue over upstate NY town's building Hies ~,,,,p~ bIQF10LLrwnpo UIFEITVIDEa mr~we ~lrl 1(~~~ PM USI~aa41r1 ~ CQn1C~Ot! ~...~ •~ Digq i .C~n VIIATERT4WN, N.Y. (AP) -Eleven Old Odder Amint families sued a rtordtem flew Yak carttrnurtity Tuesday, deeming Malt Ito reluasl to Grant pew for tltieir 1radlbonelNy bugt homes is rekpioua dfaoriminertiort. Tt~e Amish hm~ias deim in the federal lawsuit that the lawn d Ma~lorw~ is drgetlrtg tl+etr- fOr building tole edoraernent. 'The Amish, who rrero dtaaed out of Eutaope hundreds d years egD by government hrassntertt and perssa>tion, aro beirq singled out by petty otlldals appa~erttly bent on dtasing the Ambit out d New Yarlt," said Eric Rsasbach, natiartal litlgatiart dirsdor et the tiedcal Fund tnr Rem t.IbeAy, a Wasltktglart, D.C.-based kapd orgmilzMian that joined in the lawstdt. "T'lte U.S. Catstt6~lan, end legd preaedartt all file way b the ~etprome CDUrt* re der. The Amish, who are tttr~augttout the world as tnesdsr asfhtYtert and master builders, bars the tight do psc7itoe their brdiefs. That includes building and tlrir--p h homes That oonfomt to those bdiel's," Rasabe~t send. Also joiKtkp in the lawault Is Proskauer Rase LLP, a New Yortt City law firm that prmridea legal eminence to Amieft farnitiee. Town Clerle David Mumry said fawn otltdale bed not yet been serval with ~ lawaeti~ Town Attorney Andrew Slhrer wss not irnrttediatety avalleble fiat canrrtertt, his dAce said. In the peel, down adReiale hence said they were eskh>v file Amielt b damply with the same buildup ood~ that apply to other restoents. The pteirttilftt are rtterrthers d the Oid Order 9werttendruber Gad, among the moat traditlonal d the Amish gnoupa. They done deny building howes without pem~ end bars said they werle wiUiing b purdteee building pemtila, but oonlend Chet the retµtirentettb dihe oodes~-such ae hevMag tnrroke deteGaa, subn~N'q agfieerirp Pions and BMDMIirtg inapectlons-~iola6e dteir [~bua beNefa. Sirtae T0~-when the town's Gales ware updated`-~~la~istorrn aAfdals here taraght more then 1g separete prnateoutiarts apainat the Amidr, ate latrrsull said. The Amish declderl 1o ilia a tedesal ktlwsuil alter lulorristawn Town Mudge James Pltlllips soled in ,kitty that tltelr re~iort gave them nD spedtl adendirtg to avoid cnmpliartde with tonal bugdirtg codes. The sad hay had zoniq diepules with kxal autharides alsewtrers in New Yale, as well s+a M Persnsylvarda and wieoonain. Cop~riph110pA Thf Arlvpahd PI'iel~, N dph~ ra~erved, Thl~ m~terld nq,)t nd ~ put~llltnd, browdCMr, rewrNten cr sedMei6r~d, ~ flat tst0111iCh t'tl~e: Dbey I cut Dent 2 lbs o1 body let per meek by obeying th+s 1 old rule. New #,saer ifliClt Surgery The Latest Min. Inva`ive Laser technique in Florida-Lien Pain... GGds h4r+rSg.~xl4~3~f.~[vi~1 i 1 I ~~~~~ Upcoming Stories from Breitbart.com ~ A Reveaiing Morning with Sarah Patin t9 Cbama thinks we can spend our way out of debt is dne pieced a1f dude... 8 t7bama and 5pider•Man appear in comic together a Qbama tax plan runs into Democrat opposition in Senate iJ~~S upcoming Stones tram Breitbart.ty z Protest Crowd Toms Violent Dver PoNce Killing a Innocent 1 Rather fief: Away On Bike After Hording Up Two Banks 1 Pvm Industry Wants sE gillian Bailout 1 'Joe the Plumber' To Report About War From Gaza Strip t 'Madness'; Fight At PA Chuck E. Cheese Caught 4n Cell Phone Replace Your Cleaning Service with a iRobat® Roomba ~ Vacuum Cleaning I Robot liF~bot~ 3afl,t P%Be! Ya~r ~ ~osq W Thf s.crel ro GNtlnp Hi~y pt:cau~t~.Crulsa nckh &x_Phy_~omone~_ar! &~d~ ~ !! lives d Attncdort c http:llwww,breitbart.comlarticle.php`~id =D95H~SH80&shaw art~cle~ 1 1/8/2009 - -~ - - ~ i y ~~~i~','i 'F` i ORDINANCE NO.3080 • ORDINANCE OF THE CITY OF CH[JI,A VISTA REQUIRING 'fHE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES I. RECTTAL~ WHEREAS, the presence of vacant, abandoned residences can iced to neighborhood decline; and WHEREAS, the presence of vacant, abandoned residences can create an attractive public nuisance; and WHEREAS, the presence of vacant abandoned residences can contribute to lower property values; and WHEREAS, the presence of vacant abandoned residences can discourage potential buyers from purchasing a home adjacent tv or in neighborhoods with vacant abandoned residences; and WHEREAS, many vacant abandoned residences are the responsibilifiy of out of area, out of state lenders and trustees; and WHEREAS, in many insta~ncea the lenders and trustees fail to adequately maintain and secure these vacant residences; and WHEREAS, the city has an obligation to protect its residential neighborhoods from decline and devaluation; and WHEREAS, on June l 1, 2U1~7 the Board of Appeals and Advisors met, reviewed and discussed the proposed ordinance; and WHEREAS, the Board of Appeals and Advisors voted unanlmausly to recommend passage of the proposed ordinance to the City Council. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby ar+dain as fellows: Section I. That the proposed Vacant Abandoned Residential Property Registration ordinance be enacted as follows: 15.64 ABAI~DGNED RESIDENTIAL PROPERTY REGISTRATION Ordinance No. 348a page 2 r •~ O \./~ It is the purpose and intent of the Chula vista City Council, through the adoprion of this Chapter, to establish an abaz~doned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. ~~_~414~:..~~ ~ Ns for the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "A~aaddon~" means a property that is vacant and is under a current Nonce of Default andlor Notice of Tr~ustce's Sale, pending Tax Assessors Lien Sale andlor properties that have been the subject of a foreclosure sale when the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosurelsale. "A i " means a property that is accessible through a campromisedlbreached gate, fence, wall etc. "~ib~~ s , ~ture" means a sstivvcturelbuulding that is unsecured andlor breached in such a way as to allow access to the interior space by unauthorized persons. "A em "means any agreement or written instrument, which provides that title to residential property, shall be transferred ar conveyed from one owner to another owner aver the sale, trade, transfer or exchange. "went ofRent~" means an instrument that transfers the beneficial interest under a deed of trust from one lenderlentity to another. "B e " means a lender under a note secured by a deed aftrust. "~" means any person, ca 'p, association, corporation, or fiduciary who agrees to t~rransfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection. "_,~, "means any buildinglstructure that is violation of any condition referenced in CVMC Chapter 1 S, l S. "~" means consecutive calendar days, " f T "means an instrument by which title tQ real estate is transferred to a third party trustee as security for a real estate loaa Used in California instead of a mortgage. T'buis definition applies to any and al! subsequent deeds of trust i.e.. 2~ trust deed, 3'~ trust deed, etc. "Deed in l ~~ ~ql " means a recorded document that transfers ownership Qf a property from the txvstor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. ~_._......_ ._.. _._.- - -.._. _.. _ . ~ .~ w .- - _ ~ _ .._-..- -.----._._.~..~_.~~. _____. __.__.._._.__....~__...__.~ ___ _..__... _........ _. _ ___.. -- Ordinance No. 380 Page 3 "~„ means the failure to ful~iil a contractual obligation, monetary or conditional. "D's ed" means a property that is under a current Nance of Default andlor Notice of Trustee's Sale andlor pending 'fax Assessor's Lien Sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiarylaustee via a Deed in lieu of Fareclosurclsalc, "Evid c o vacanc "means any condition that on its own, or combined with other conditions resent would lead a reasonable person to believe that the property is vacant. Such conditions p include but arc not limited ta, overgrown andlor dead vegetation, accumulation of newspapers, circulars, flyers andlor mail, past due utility notices andlar disconnected utilities, accumularion of trash, junk andlor debris, the absence of window coverings such as curtains, blinds andlor shutters, the absence of furnishings andlor personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Fareclos "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. "La a "means within forty (4U} rvadldriving miles distance of the subject PrapertY. "Nei ba ~od ~ aid" means those conditions that are present on a simple majority of properties within a three hundred ~30~) foot radius of as ir>dividual property. ~ property that is tl~ subject of a neighborhood staundard comparison, or any other abandoned property within the three hundred ~34~~ foot radius, shall not be counted toward the simple majority. "N 'ce of Defa " 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. " t f area" means in excess of forty ~4~} roadldriving miles distance of the subject property. ,~Dwr "means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable titre yr 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 t~ocord is provided by the San Diego County Recorders Duce. ` ~,~" means any unimproved or improved real property, ar portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. "ResideQtial building" means any improved real property, ar portion thereof, situated in the city, designed or permitted to be used for dwelling Proposes, and shall inclvule the buildings and structures located an such improved real property. This includes any real property being offered for sale, trade, transfer, ar exchange as "residential" whether ar not it is legally permitted andlor zoned for such use. "Sec" means such measures as may be directed by the Director of Planning and Building or his or her designee that assist in rendering the property inaccessible to unauthorized persons, Ordinance No. 3Ug4 Page 4 including but not limited to the repairing of fences and walls, chaininglpad locking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a ' minimum of the current HUD securing standards at the time the boarding is completed ar ro9~ "T~" means the person, firm ar corporation balding a Deed of Trust on a property, "fir" 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 buildinglstructure that is not legally occupied. 15.G0.434 RECORDATION OF TRANSFER OF LQANIDEED GF TRUSTIASSIGNN~N'I' DF REN Within ten (10) days of ~ purchase and~or transfer of a 1oanJdeed of oust secured by residential property the new beneficiaryltrustee shall record, with the Sao Diego County Recorders Office, an Assignrneat of Rents, or simu.iar dacumeRt, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiarylUnistec responsible for receiving payments associated with the loanldeed of ttvst. .L 5^~.~~ REGIS, .. r TION Any beneficiarylavstee, who holds a deed of trust on a property located within the City of Chula ~Tista, shall perform an inspection of the propert~r that is the security for the deed of trust, upon default by the trutstor, prior to recording a Notice of Default with the San Diego County Recorders Qfl~ice. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned a~ the bencficiaryftrustee shall, within ten (l~~ days of the inspection, register the property with the Director of Planning and Building or his or her designee on forms provided by the city. If the property is occupied but remains in default it shall be inspected by the beneficiaryft~ustee, ar his designee, monthty until I ~ The trustor other or party remedies the default or 2~ It is found to be vacant or shows evidence of vacancy at which tune it is deemed abandoned, and the trustee shall, within ten 41 D} days of that inspection, register the property with the Director of Planning and Building or his designee on forms provided by the City. In ei#her case the registration shall contain the name of the beneficiaryltrustee ~corpora~tion or individual, the direct streetlo~ce mailing address of the beneficiary! trustee ono F. O. Boxes}, a direct contact name aad phone cumber for the beneficiaryl~rustee and, in the case of a corporation or out of area beneficiaryhiustee, the local property m~nagemern comP~Y responsible for the security, maintenance and marketing of tho property. Registration fees will not be prorated, An annual registration fee shall a~coornpany the registra#ion farm. The fee and regis#aratiaa shall be valid for the calendar year, or remaining portion of the calendar year, in which the rc~on was initially required. Subsequent registrations and fees are due January 1 ~ of each year and must be received no later #han January 3I of the year due. I __ ..,.....__..Y. .._... .. _ _...._..... _~ .~. ._ _ ... _.._.. . _ __...._..._...._~.... ........._ _..~. ~dinance No. 30SU Page 5 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 decd of trust involved in the foreclosure and any ProP~es transferred under a deed in lieu of foreclasurelsale. Properties subject to this chapter shad remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant. Any person, firm ar corporation that has registered a property under this chapter must report any change of information contained in the registration within ten ~l o) days of the change. i ~.GD.D50 N ~~ Properties subject to this section shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, dash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, accept 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. The property shat! be maintained free of gra~iiti, tagging or similar markings by removal or paining aver with an exterior grade paint fat matches the color of the exterior of the structure. Visible firont and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rack or bark or artificial turflsod designed specifically for residential lnstalla~onr Landscape does not include weeds, gravel, broken concrete, asphalt, der~amposed granite, plastic sheeting,, mulch, indoor-outdoor carpet or any similar material. Maintenance includes, but is not linuted to regular watering, irrigation, cutting, pruning and mowing of requvred landscaped and removal of all trimmings. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with gaols and/or spas must comply with the minumum security fencing requirements of the Sate of California Adherence tv this sectioA does not relieve the bene~iciaryltrustee or property owner of any obligations set forth in any Covenants Conditions and Restrictions and/or Home Ovmers Association rules and regulations which may apply to the property. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons, Ordinance No. 3080 Page b Secure manner includes but is aot limi#ed to the closure and locking of windows, doors walk- through, sliding and garage} gates and any other opening of such size that it may allow a child to access the interior of the property and or stlucture~s~. In the case of broken windows securing means the reglazing ar boarding of the window. If the property is owned by a corporation and/or out of area beneficiaryltrustee! owner, a local property management company shall be contracted to perfarrn weekly inspections to verify that the requirernents~of this section, and any other applicable laws, are being met. The property shall be posted with name and Z4-hour contact phone number of the local property menagemc~rt company. The posting shall be no less than 1 S" X Z4" and shall be of a font that is legible from a distance of forty-five X453 feet and shall contain along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "T~} REPGRT PR(}BLEMS (~R CONCERNS CALL". The posting shell be placed on the interior of a winddow facing the street to the front of the property so it is visible from the street, or secured to the exterior of the buildinglstructure facing the street to the front of the property so it is visible from the street ar if no such area exists, on a stake of sui~cient size to support the posring in a location that is vssual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. The local property management company shall inspect the prvpGrty on a weekly basis to determine if the property is in compliat~e with the requirements of this chapter. I .~7~ TIONAL A In addirion to the enforcement remedies established in Chapters 1.24, I.34 and I.41, the Director of Pl~unning and Building or his or her designee shall have the authority to require the beneficiaryltrusteelowner 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 anylall door, window ar other apeni~ags, installing addirianal security lighting, increasing on-site inspection ft~equency, employment of an on~site security guard ar other measures as may be reasonably required to arrest the decline of the property. 1~.~4.450 f"E~.~ The fee for registering an Abandoned Residential Property shad be sEt by nsolurion of the City Council. 15.60...~,~}RC~~!1_~' Violations of this chapter may by enforced in any combination as allowed in Chapters ].2~,1.3~ and 1.41. a4 PPEAL Any person aggrieved by any of the requirements of this suction my appeal insofar as such appeal is allowed under Chapter 1.44. .._,~.. _ ... _ , ..... _..._._ .~ _....w _.~. ~. ._..._~..~._____~__ - ----_.._.__....- _ _._.~.._ __ ordinance No. 3484 Page 7 ] . 110 ~'IflLA ENAL Y Violations of this chapter shall be treated as a strict liability offense regard]ess of intent. Any person, fum andlar corporation that violates any portion of this section shall be subject to prosecution andlor administrative enforcement under Chapters I .~o and ~ .4 ~ . x.60.120 SEVERABILLTY Should any provision, section, paragraph sentence or word of this chapter be determined or declared invalid by any f nil court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full fora and effect. Section xI, Effective Date This ordinance shall take effcct and be in foil force an the f filth day from and after its second reading. Presented by Approved as to form by ] es D. Sandoval Ann Moore inning and Building Di~rectar City Attorney Ordinance Na. 3Q$0 Page S PASSED~APPROVED, and ADOPTED by the City Council of the City of Chub Vista, California, this 7 day of August 2417, by the fvUawing vote: AYES: Councilmembers: Castaneda, Ramirez, Rindone, and Cox NAYS: Councilmembers: McCann ABSENT: Councilmembers: None r ct~-i caX, ayo ATTEST: f Susan Bigelow, MMC, City erk STATE OF CALIFORNIA ) C1~UNTY OF SAN DIEGO } CITY OF CHULA VISTA } I, Susan Bigelow, City Clerk of Chula Vista, California, da hereby certify that the foregoing Ordinance No. 3 t 811 had its first heading at a regular meeting held an tore 17th day of July, ~1~7 and its second reading and adoption at a regular meeting of said City Council held on the 7th day t Susan Bigelow, MMC, City , lark of August 20Q7. Executed this 7th day of August 214?.