HomeMy WebLinkAbout2008-075 - Assess Civil Fines and Penalties for the Failure to Maintain Vacant Residential Property
bk: 11/1 0/08
RESOLUTION NO. 2008-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A PROCEDURE TO ASSESS
CIVIL FINES AND PENALTIES FOR THE FAILURE TO
MAINTAIN VACANT RESIDENTIAL PROPERTY AFTER
FORECLOSURE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. SB 1137, an emergency bill signed into law earlier this year, is designed to
address concerns relating to the increase of foreclosures of single family
homes throughout California.
B. One concern addressed by the Legislature in SB 1137 is the failure to
maintain vacant residential property by out-of-town financial institutions
who acquire title to homes through foreclosure.
C. In adopting SB 1137, legislative reports quoted findings that orphaned
homes quickly fall into disrepair, their deterioration sometimes hastened
by vandals who trash the interiors, lighting fires and ripping out wiring and
pipes to sell for scrap. In some communities, the Legislature found that
squatters or drug dealers may move in to these orphaned homes.
D. The Legislature also found that the impact of foreclosed homes goes far
beyond the defaulting homeowner, as neighbors and entire communities
confront a potential spreading blight. The Legislature found that vacant
residences deprive cities of tax revenue and can cost them thousands to
maintain. The Legislature quoted from a 2001 Temple University study
which found that in Philadelphia simply being within 150 feet of an
abandoned property knocked $7,600 off a home's value.
E. SB 1137 requires financial institutions who acquire homes through
foreclosure to maintain the vacant foreclosed residential properties in
conformance with City codes.
F. SB 1137, by adding section 2929.3 to the California Civil Code, gives
cities the power to impose civil fines and penalties of up to $1,000 per day
if the new owner, who acquired a home through foreclosure, fails to
maintain the home. Prior to imposing fines or penalties, SB 1137 requires
Resolution No. 2008-075
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the city to give the owner a notice of the claimed violation, including a
description of the conditions giving rise to the claim, and opportunity to
remedy the violation at least 14 days prior to imposing those fines and
penalties, and allows for a hearing and opportunity to contest any fines or
penalties.
G. Under SB 1137, "failure to maintain" a home acquired through
foreclosures means failure to adequately care for the property, such as,
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, and failing to take action to
prevent growth of mosquito larva in standing water such as swimming
pools.
H. Section 1-13 of the Santa Ana Municipal Code ("Code") provides that any
violation of the provisions of the Code constitute a public nuisance. Each
of the items referenced in SB 1137 and this resolution constitute violations
of the provisions of the Code.
Section 2. The City shall, in conformance with the provisions of Civil Code
section 2929.3, establish and maintain a process to impose civil fines and penalties
pursuant to the terms and conditions of that section. All fines and penalties shall
include the City's reasonable and necessary costs of imposing the fines and penalties.
Section 3. The City shall pursue all remedies provided at law, under its charter
or state statute, to secure payment of said civil fines and penalties imposed on owners
pursuant to Civil Code section 2929.3, including civil judgments, liens recorded against
the property to be paid upon its subsequent sale, and/or liens imposed pursuant to
Government Code section 54988 and other applicable state laws which are collected at
the same time and in the same manner as property taxes are collected.
Section 4. This terms and provisions of this resolution shall remain in effect
only until January 1, 2013, and as of that date this resolution shall be repealed, unless a
later enacted statute of the California Legislature, that is enacted before January 1,
2013, deletes or extends the January 1, 2013 date for the repeal of Civil Code section
2929.3. In such case, this resolution shall continue in full force and effect for the same
period as does Civil Code section 2929.3, or a successor statute, and no longer.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
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bk:11/10108
ADOPTED this 1 ih day of November, 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
.-,
'. .
AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Council members: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007-075 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 17. 2008.
Date:
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Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2008-075
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