HomeMy WebLinkAboutOrd 44-08 Muni Code Maint Foreclosed PropORDINANCE N0.44-08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADDING CHAPTER 5.66 TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL
CODE RELATING TO MAINTENANCE OF FORECLOSED RESIDENTIAL PROPERTIES
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, pursuant to the police power granted to the City of Dublin ("City") under the
California Constitution, the City may adopt rules and regulations to serve and protect the health, safety
and welfare of the public; and
WHEREAS, on July 8, 2008, the California Governor signed Senate Bill 1137, which added
Section 2929.3 to the California Civil Code; and
WHEREAS, the legislation was based on the impact of foreclosures in the State of California.
High foreclosure rates have adversely affected property values in California and will have even greater
consequences as foreclosure rates continue to rise. If foreclosed property is neglected, these properties
can cause blight in the community, and decrease the surrounding property values; and
WHEREAS, the Civil Code Section 2929.3 requires legal owners to maintain vacant residential
property purchased at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage
or Deed of Trust; and
WHEREAS, pursuant to Civil Code Section 2929.3, local governments, such as the City, upon
notice are authorized to impose civil penalty in the amount not to exceed $1,000 per day for failure to
maintain foreclosed vacant residential property; and
WHEREAS, this legislation remains in effect until January 1, 2013, and as of that date is
repealed, unless later enacted statute(s), enacted before January 1, 2013, deletes or extends that date; and
WHEREAS, pursuant to the City's police powers, authorized in Article XI, Section 7 of the
California Constitution, as well as under the City of Dublin Municipal Code and other provisions of
California law, including, but not limited to California Government Code Section 38771, the City has the
power through its City Council to declare action and activities that constitute a public nuisance.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1. Chapter 5.66 entitled "Maintenance of Foreclosed Residential Properties" is hereby added
to Title 5 (Public Welfare) of the Dublin Municipal Code to read in its entirety as follows:
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"5.66 Maintenance of Foreclosed Residential Properties"
5.66.010 Purpose and Pre-Emption.
This Chapter is not intended to preempt State law, but is only intended to carry out the provisions of
California Civil Code Section 2929.3. In event there is a conflict between the provisions of State Law
and this Chapter, the State Law shall control.
5.66.020 Definitions.
"Failure to maintain" means failure to care for the exterior of the property, including, but not limited to
permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take
action to prevent trespassers or squatters from remaining on the property, or failing to take action to
prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance,
including conditions at or on the foreclosed residential property in violation of Sections 5.64.040,5.68.050
and 5.70.020 of Dublin Municipal Code.
"Foreclosed residential property" means a vacant residential property purchased by the legal owner at a
foreclosure sale, or acquired by the legal owner through foreclosure under a mortgage or Deed of Trust.
"Landscape" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar
painting, decorative rock or bark or artificial turf/sod designed specifically for residential installation.
Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastics
sheeting, mulch, indoor-outdoor carpet or any similar material.
"Landscape maintenance" includes, but is not limited to, regular watering, irrigation, cutting, pruning,
mowing and removal of all trimmings of required landscape.
"Legal owner" means any person, partnership, co-partnership, association, corporation, fiduciary or any
other legal entity having a legal or equitable title or any interest in the foreclosed residential property.
Residential property means any improved real property, or portion thereof, situated in the City of
Dublin, designed, built'or permitted to be used for dwelling purposes, specifically including the building
and structure located on such improved real property. This includes any real property being offered for
sale, trade, transfer or exchange as "residential" whether or not it is legally permitted or zoned for such
use.
"Secured" means treated with such measures as may be directed by City Manager or his/her designee
that assist in rendering the vacant foreclosed residential property inaccessible to unauthorized persons,
squatters, trespassers, including, but not limited to, the closure, locking, pad-locking, chaining, repair
and/or boarding of fence(s), wall(s), gate(s), window(s), door(s) (walk-through, sliding and/or garage),
and/or other openings of such size that may allow a child access to the interior of the accessible property.
In case of broken windows, secured included the reglazing or boarding of the window.
5.66.030 Maintenance of Foreclosed Residential Properties.
A legal owner shall maintain foreclosed residential property as follows:
A. Foreclosed residential property shall be maintained so as to be kept free of evidence of vacancy
and abandonment;
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B. Foreclosed residential property shall be maintained free of weeds, dry brush, dead vegetation,
trash, junk, debris and excessive foliage growth that diminishes the value of surrounding
properties;
C. Foreclosed residential property shall be maintained free of mosquito larvae from growing in
standing water;
D. Foreclosed residential property shall be maintained free of any building materials, any
accumulation of newspapers, circulars, flyers, notices (except those required by Federal, State, or
Local Law), discarded personal items, including but not limited to furniture, clothing, large and
small appliances, printed material or any other items that give appearance that the property is
abandoned;
E. Foreclosed residential property shall be maintained free of graffiti, tagging or similar markings by
removal or painting over with an exterior grade paint that matches the color of the exterior of the
structure, following a notice pursuant to Section 5.68.060 of Dublin Municipal Code or notice
pursuant to California Civil Code Section 2929.3, whichever is applicable;
F. Maintenance of abandoned properties shall include landscape maintenance of visible front and
side yards;
G. Pools and spas shall either (a) be kept in working order so the water remains clear and free of
pollutants and debris; or (b) drained and kept dry. In either case, properties with pools and/or spas
must comply with the minimum security fencing requirements of the State of California;
H. Foreclosed residential property shall be maintained free of public nuisance conditions as set forth
in Sections 5.64.040 and 5.70.020 of Dublin Municipal Code; and/or
I. Foreclosed residential property shall be secured, as defined in this Chapter. In addition, the
foreclosed residential property shall be secured in a manner that would prevent trespassers,
squatters or unauthorized persons from entering and/or remaining on the property.
5.66.040 Declaration of Public Nuisance.
Pursuant to City's police powers authorized in Article XI, Section 7 of the California Constitution, as well
as the City of Dublin Municipal Code and other provisions of California law, including, but not limited to,
California Government Code Section 38771, the City Council hereby declares that violation of -the
maintenance and security requirements of Section 5.66.030 of this Chapter shall constitute a public
nuisance.
5.66.050 Civil Penalty Imposed.
A. Pursuant to California Civil Code Section 2929.3, the City of Dublin may impose a civil penalty in
the amount not to exceed $1,000 per day against the legal owner for failure to maintain the
foreclosed residential property, as required by this Chapter, provided that notice requirements of
Civil Code Section 2929.3, as set forth in Section 5.66.060 are satisfied. If imposed, the civil
penalty pursuant to this Section shall commence on the day following the expiration of the
compliance period, as provided in notice required by Section 5.66.060.
B. In determining the amount of the civil penalty, the City shall take into consideration any timely
and good faith efforts by the legal owner to remedy the violations at the foreclosed residential
property.
C. Civil penalties collected pursuant to this Section shall be directed to the City's nuisance abatement
programs.
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D. The City shall not impose a civil penalty pursuant to this Section together with administrative
citations or fines, as may otherwise be authorized by the Dublin Municipal Code.
5.66.060 Notice of Violation and Compliance Period.
A. If the City imposes a civil penalty pursuant to Section 5.66.050, the City shall first give a notice of
alleged violation, which includes a description of the conditions that have risen to the allegation,
notice of the City's intent to assess a civil penalty pursuant to Section 5.66.050, if actions
necessary to address and/or correct the violation(s) at the foreclosed residential property are not
commenced within a period of not less than fourteen (14) days and completed within a period of
not less than thirty (30) days, from the date of the mailing of the notice.
B. The City may provide less than thirty (30) days' notice to complete actions necessary to address
and/or correct the violation(s), if the City determines that a specific condition of the foreclosed
residential property threatens public health or safety and provided that the notice of violations
states that there is a threat to public health or safety, and shorter time for compliance is provided.
C. The notice of violation pursuant to this Section shall be mailed by certified mail to the address
provided in the Deed or other instrument specified in California Government Code Section
27321.5, including Deed, instrument conveying title, mortgage with power of sale; or if none, to
the return address provided on the deed or other instrument.
5.66.070 Appeals.
Any person aggrieved by any of the requirements of this Section may appeal insofar as such appeal is
permitted under the applicable Sections of Chapters 5.64, 5.68 and 5.70 of Dublin Municipal Code. Any
person aggrieved by the imposition of a civil penalty pursuant to Section 5.66.050 of this Chapter, may
appeal the imposition of the penalty to the City Council pursuant procedures set forth in Section 1.04.050
of Dublin Municipal Code.
5.66.080 Enforcement.
In addition to civil penalty authorized by Section 5.66.050, violations of this Chapter may be enforced in
any combination as permitted by Chapters 5.64, 5.68 and 5.70 of Dublin Municipal Code and any other
enforcement and legal remedies available to the City under the law. However, in no event shall the City
impose a civil fine pursuant to Section 5.66.050, together with administrative fine that maybe authorized
by Dublin Municipal Code.
Sunset Date.
This Chapter shall remain in effect until January 1, 2013, and as of that date is repealed, unless the State
of California enacts a statute before January 1, 2013, that either deletes or extends Civil Code Section
2929.3.
SECTION 2. Severability. The provisions of this Ordinance are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair
any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or
their applicability to other persons or circumstances.
SECTION 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following
its adoption.
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SECTION 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED, APPROVED AND ADOPTED this 2"d day of December, 2008 by the following vote:
AYES: Councilmembers Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
Ord No. 44-08, Adopted 12-2-08, Item 4.4 Page 5 of 5