|
City of South San Francisco, has passed CA ORDINANCE NO 1402-2008; Municipal code chapter 8.54, article VI.
While most of the provisions are similar to other ordinances throughout California and the nation, the provision requiring filling all plumbing fixture traps with vegetable oil appears to be unique.
This ordinance addresses the registration and regulation of abandoned and distressed residential properties and is effective March 2009.
Summary
"Abandoned property" means:
a residential property that is vacant and is under a current Notice of Default and/or Notice of Trustee Sale, pending Tax Assessor Lien Sale, or a residential property that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure or a residential property transferred under a deed in lieu of foreclosure.
"Vacant means" a building/structure that is not legally occupied.
Inspection and Registration:
- The beneficiary or trustee must perform an inspection of the property before filing a notice of default.
- Vacant property must be registered with code enforcement and fire department on city forms within 10 days of inspection or date of vacancy, whichever is earliest.
- Distressed property(legally occupied, but in default) must be inspected monthly by beneficiary or trustee until default is resolved or the property is vacated.
- Registration:
- Contents: name, mailing address, contact name and phone, and (if used) the property management company responsible for the property.
- Fee is currently $125)
- Registration and fee must be submitted annually in January.
- Out of area trustees/beneficiaries must utilize local property management.
- Out of area is defined as 40+ driving miles from location.
- IF NOT registered: the city may register the property and impose an annual registration fee. Notice must be given (personally or first class mail) to either beneficiary/trustee before foreclosure or owner of record after foreclosure including: (1) fee amount due, (2) that the property has not been registered, and (3) that notice constitutes registration.
Maintenance:The property must be maintained in a condition so that:
- Overall, the property must be kept free of evidence of vacancy ("any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant").
- No weeds, dry brush, dead vegetation, trash, junk, debris, or excessive foliage growth
- No mosquito larvae growing in standing water
- No building materials, newspapers flyers etc, or discarded personal items
- No graffiti or other markings
- Pool and spas must be maintained either in working order or be drained and dry
- "Plumbing fixture traps" must be filled with vegetable oil
- All building openings must be secured from public access, but cannot be boarded up.
- 24hr Name/number contact information must be posted for either trustee /beneficiary or local property management (at least 18"x24", visible from 45’ stating "This property managed by ___. To report problems or concerns call ___")
Violation of statute:
- Constitutes a public nuisance
- City may impose civil penalty up to $1,000/day for failure to comply once (1) a notice has been given with (a) a description of conditions giving rise to failure and (b) a time frame of not less than 14 days to begin compliance and of not less than 30 days to finish compliance, and (2) there has been a failure to comply with notice.
- Strict liability offense regardless of intent
- Other enforcement and legal remedies may apply as available to the city under the law.
- Right of appeal for any person aggrieved by the requirements or penalties of this chapter.
Additional authority of the Code Enforcement Department: the department has additional authority to require additional maintenance and/or security measures including but not limited to securing openings, installing additional security lighting, additional inspections, or employment of on-site security guard as required to arrest the decline of the property.
To view the ordinance in its entirety please click here
About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 700 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico
|