TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 13, 2025
SUBJECT: AMENDMENT TO ARTICLE VIII ("BUILDING REGULATIONS") OF THE DOWNEY MUNICIPAL CODE TO REPEAL CHAPTER 7 ("ABANDONED
AND VACANT PROPERTY REGISTRATION AND MAINTENANCE")
AND REPLACE WITH A NEW CHAPTER 7 ("VACANT AND
ABANDONED PROPERTY MAINTENANCE, SECURITY,
REGISTRATION, AND MONITORING REQUIREMENTS") REGULATING
THE MAINTENANCE AND SECURITY, OF VACANT PROPERTIES
WITHIN THE CITY OF DOWNEY
EXECUTIVE SUMMARY
The City Council will consider amending Article Vill ("Building Regulations") of the Downey Municipal Code (DMC) to repeal Chapter 7 ("Abandoned and Vacant Property Registration and Maintenance") and replace with a new Chapter 7 ("Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements") regulating the maintenance, security, and monitoring of vacant properties within the City of Downey.
At its May 28, 2024, City Council meeting, the City Council discussed potential options for regulating the maintenance of vacant properties in the City. Vacant properties can include buildings that are unoccupied for long periods and lots that are unimproved. The existing Ordinance only applies to foreclosed properties or defaulted properties going to the foreclosure process. The proposed Ordinance will include properties that show "evidence of vacancy", even when not associated with a foreclosure.
RECOMMENDATION
That the City Council:
Introduce an Ordinance to repeal Chapter 7 ("Abandoned and Vacant Property Registration and Maintenance") and replace with a newly entitled Chapter 7 ("Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements") regulating the maintenance, and security of vacant properties within the City of Downey.
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 2
KIM
On January 13, 2009, the City Council adopted an Ordinance adding Chapter 7 to Article VIII of the Downey Municipal Code (DMC), requiring registration and maintenance of vacant and abandoned property to address the issues created by bank -owned and foreclosed properties in the City. The adopted provisions of the ordinance require that owners of foreclosed properties maintain and secure such properties so that they do not become eyesores or create a public nuisance within the community. Additionally, fees were established as part of the ordinance, which are as follows:
• At time of property registration: $117 (Fiscal year 2024-2025 fee $210) • Annual monitoring fee: $1,298 (Fiscal year 2024-2025 fee $3,250) On February 13, 2024, the City Council requested staff to evaluate options for addressing deteriorated and unsightly property conditions associated with vacant lots in the City, specifically an ordinance for registering vacant properties.
At its May 28, 2024 City Council meeting, the City Council discussed amendment of the City's Vacant Property Ordinance to expand the Ordinance to apply the property maintenance standards to all properties that have "evidence of vacancy", even when not associated with a foreclosure. Vacant properties can include buildings that are unoccupied for long periods and lots that are unimproved.
ANALYSIS
In Downey, the Code Enforcement Division of the Community Development Department is taking the proactive lead in conducting outreach with property owners of various vacant properties, including registered and non -registered properties. Through this process, staff have identified that many of the properties that lack ongoing maintenance are vacant properties, have owners who may live locally or have local ties, and have acquired them with the intent of developing them in the future. Oftentimes, these properties do not meet the definition of "Abandoned" and "Vacant" as per Chapter 7, Article VIII of the DMC because they are not foreclosed properties and/or have not been acquired through a foreclosure process. Staff received direction from City Council to amend the existing Abandoned and Vacant Property Registration Program to expand the 2009 Ordinance to apply the property maintenance standards to all properties with "evidence of vacancy", even when not under the category of foreclosed. By expanding the applicability of the City's Abandoned and Vacant Property Ordinance as proposed in Attachment A, City staff would have specific enforceable standards for a property's upkeep when implementing enforcement and monitoring of these real properties.
Currently, the Code Enforcement Staff has identified 49 vacant property sites in the City of Downey:
• 31 are registered properties (foreclosed properties), • 15 are non -registered vacant buildings, and
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 3
• 3 are non -registered vacant lots
Each Council District contains a mix of vacant properties and buildings. These vacancies are listed and mapped in Attachment B, and summarized below:
1. District 1 contains eight (8) registered vacant properties, four (4) non -registered vacant buildings, and two (2) non -registered vacant lots.
2. District 2 contains five (5) registered vacant properties and two (2) non -registered vacant buildings. There are no non -registered vacant lots.
3. District 3 contains ten (10) registered vacant properties, six (5) non -registered vacant buildings, and one (1) non -registered vacant lots.
4. District 4 contains eight (8) registered vacant properties and four (4) non -registered vacant buildings. There are no non -registered vacant lots.
Proposed Ordinance
The proposed Ordinance framework was prepared by the City Prosecutor and reviewed by the City Attorney. The intent behind the Ordinance, is to create an enforceable tool for the Code Enforcement Division in order to implement the program.
The proposed Ordinance will implement different processes for different types of vacant and abandoned property sites.
Vacant is defined as "Any real property that is undeveloped; (2) any real property, building, or structure, or portion thereof, that is either substantially vacant or occupied by unauthorized persons; (3) any real property or any building or structure, or portion thereof, that shows evidence of vacancy."
Abandoned is defined as "A property that meets any of the following conditions: (1) is under a current notice of default; (2) is under a current notice of trustee's sale; (3) is pending a tax assessor's lien sale; (4) 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 (5) has been transferred under a deed in lieu of foreclosure." Registration of Vacant or Abandoned Properties
The proposed Ordinance will require a person to register a vacant and an abandoned property, and submit a Vacant Property Registration Form to the Code Enforcement Division of the Community Development Department. The form shall be accompanied by a Vacant Property Registration and Monitoring fee.
The registration of any vacant property in the City of Downey will be required to include information based on whether the property is a general vacant property or an abandoned property, and the registration process will require information such as the most recent legal use of the property, status of utility services, fire and liability insurance, as well as a
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 4
contact telephone number of the local property management service provider, if applicable. The City may require additional information if needed. Similarly, Abandoned Properties are also required to include the following in the registration form:
A. The name and street address of the property, and if different, the mailing address, as well as a contact phone number of the beneficiary and trustee B. A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure
C. A statement of intent which states the following:
i. The expected period of vacancy
ii. A detailed plan for the regular maintenance of the real property during the period of vacancy
iii. A timetable for the lawful re -occupancy of the real property, or for the rehabilitation or demolition of the structures thereon
In addition to the vacant or abandoned property registration form, the responsible party must schedule an inspection of the property with the Code Enforcement Division. Upon completion of this inspection, the Code Enforcement Officer will categorize the property into one of the following three categories:
Stable Property: does not exhibit evidence of vacancy, every building and structure is maintained to allow for safe occupancy of its approved use, no evidence of intrusion by unauthorized persons, and the owner(s) or owners agent is responsive to City request, and regularly monitors the property on a proactive basis.
2. At Risk Property: exhibits minimal evidence of vacancy, every building and structure needs minimum or minor repairs to allow safe occupancy for its approved use, no cracked or broken windows nor unsecured openings into any building or structure at the property, no evidence of intrusion by unauthorized persons, and the owner(s) or owners agent is responsive to City request, but does not regularly monitor the property on a proactive basis.
3. Hazardous Property: meets the definition of an `Abandoned' property, the property is not maintained and demonstrates significant evidence of vacancy, significant repairs are needed to allow a safe occupancy of the building and structure for its intended use, the building or structure at the property is subject to and Order to Vacate by a government agency, buildings and structures show broken or cracked windows or boarded up openings, or evidence of intrusion, and owner(s) or owners agent is unknown or unresponsive and the property does not appear to be monitored.
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 5
Property Monitoring, Security, and Maintenance Requirements:
The proposed Ordinance will require vacant and abandoned properties to be subject to standards and requirements for maintenance and security when the site meets the definition of vacant or abandoned properties. The proposed Ordinance includes `General Vacant Property Maintenance Standards' which are meant to maintain the said property, building and/or structures in a neat, clean, healthful, and sanitary condition. Specific maintenance standards are provided for all vacant properties and structures, vacant for 30, 60, and 90 or more consecutive calendar days, and are summarized below:
Exterior Building Maintenance: The Ordinance outlines standards for removal of trash, junk, debris, construction materials, household furniture, accumulations of newspapers, notices, or other printed materials; as well as removal of graffiti or other unauthorized markings that would lead one to assume the building is vacant or abandoned.
Security Requirements: The Ordinance establishes standards for vacant property based on the time that the building or structure has been vacant. For example, At -Risk or Hazardous properties will be required to board any openings in adherence to the standards outlined in the Ordinance. Such requirements include the securing of doors, windows, or other openings using materials such as sheeting materials, plywood, or similar material. Another example of a security requirement is that Security Patrol Services will be required for properties that have been vacant for at least 180 days. Other security requirements could be imposed, dependent on the severity of the abandoned or vacant lot, building, or structure, in consultation with the Downey Police, and Fire Departments, such as fencing, cameras, increasing security staffing, lighting, etc.
Securing buildings deters unauthorized entry, vandalism, and squatting, reducing safety risks and preserving the integrity of the property. Security requirements are essential to safeguard vacant properties, prevent unauthorized access, and deter criminal activities, thereby maintaining the safety and integrity of the community. These measures will ensure that vacant properties are adequately secured, reducing the risk of vandalism, squatting, and other criminal activities that may adversely affect the surrounding community.
Local Property Management Service Provider: The proposed ordinance defines a "Responsible party" as any person that has title to or control over real property.
Responsible party includes, but not limited to owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies, as well as any person acting on behalf of another responsible party.
Responsible parties for any property subject to a registration program are responsible for the security and maintenance of the real property. Responsible parties will be required to provide in writing the name and telephone number of the local property management service provider company to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property and would be responsible for providing
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 6
on -site inspections of the real property on a weekly basis and shall submit the inspection report to the Community Development Director monthly.
Rehabilitation of structures vacant for more than 365 consecutive calendar days:
Structures that are vacant for extended periods of time attract littering; dumping; graffiti; unauthorized entries by persons experiencing homelessness, minors, and criminals; and other nuisance conditions, and are also extremely vulnerable to being stripped of electrical and copper plumbing, and of being set on fire. Accordingly, structures that are vacant for more than 365 consecutive calendar days, other than those categorized as a Stable Property by the City, are deemed a public nuisance subject to summary abatement. The responsible party would be required to either demolish or rehabilitate the vacant building or structure for occupancy with all required approvals, permits, and inspections.
Re -Occupancy of abandoned or vacant property or structure: Before the re - occupancy of a property or structure that has been categorized as an At -Risk Property or Hazardous Property, the property owner must resolve all unpaid fees accrued during this time, City officials must inspect the site to confirm compliance with standards of this ordinance, and all substandard, hazardous or other unlawful conditions must be corrected and abated with applicable permits, approvals, or inspections.
Implementation, Resources, and Fees:
The current fee for the existing "Abandoned and Vacant Property Registration and Maintenance" program associated with the foreclosed and defaulted properties is, $1,222 for registration and monitoring. The actual cost to implement the program is $3,450. The City is only recovering 35% of the program cost.
Based on the Staff's estimate, it will take approximately 3 hours to intake, review the application, conduct the initial inspection, and categorize the property. Therefore, a one- time registration fee at 100% cost recovery would be estimated at $405. Ongoing monitoring frequency will be based on the property's assigned category. A cost calculation and fee schedule for monitoring the property, by category, is provided in Table 1 below.
Table 1. Property monitorinq cost and fee details
Category
Anticipated
Monitoring
Frequency
Total Cost/
year
Cost and Frequency
of Fees Collected
Stable
Once per quarter
$540
$540/ ear
At -Risk
Once per month
$1,620
$405 per 3 months
Hazardous
Once per week
$7,020
$585 per month
For example, the program registration and monitoring costs applicable to properties calculated at full cost recovery would be as follows:
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 7
`Stable' Property Total Annual Fee: $945
o $405 (one-time registration fee) + $540 (annual monitoring fee) `At Risk' Property — Total Annual Fee: $2,025
o $405 (one-time registration fee) + $1,620 (annual monitoring fee) `Hazardous' Property Total Annual Fee: $7,425
o $405 (one-time registration fee) + $7,020 (annual monitoring fee) City staff will present a revised fee schedule for the proposed Ordinance to the City Council. Staff anticipates that the new fee schedule would be presented at the second reading of the proposed Ordinance, if introduced by the City Council.
The entirety of the amended Chapter 7 of Article VIII, Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements, is included as part of the draft Ordinance (Attachment A).
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed ordinance for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this action is exempt pursuant to CEQA Guidelines Section 15060(C)(2), which states that projects that do not result in a direct or reasonably foreseeable indirect physical change in the environment are not subject to CEQA review. Repealing Chapter 7 ("Abandoned and Vacant Property Registration and Maintenance") and replacing it with a new Chapter 7 ("Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements") regulating the maintenance, security, and monitoring of vacant properties within the City of Downey will not result in a direct or reasonably foreseeable indirect physical change in the environment.
PUBLIC NOTICE
On May 1, 2025, a notice of the public hearing was advertised in the Downey Patriot as required by California State Law under Government Code Section 36931-36937 and DMC Section 512. A notice was mailed to the property owners of the 49 properties identified in Attachment B.
PUBLIC COMMENTS
As of the date of the publishing of this report, staff has not received any correspondence regarding this application.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
Efficiency & Adaptability
Public Engagement
VACANT LOT PROPERTY REGISTRATION
MAY 13, 2025
PAGE 8
FISCAL IMPACT
There is no fiscal impact associated with the discussion of this item.
ATTACHMENTS
Attachment A: Ordinance No. 25-XXXX
Attachment B: Vacant Properties List and Map
101:4111111ilk /_1IlkEel :1ilk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING IN ITS ENTIRETY CHAPTER 7 ("ABANDONED AND VACANT PROPERTY REGISTRATION AND MAINTENANCE") OF ARTICLE VI11 ("BUILDING REGULATIONS") OF THE DOWNEY MUNICIPAL CODE AND REPLACING WITH NEWLY ENTITLED CHAPTER 7 (`VACANT AND
ABANDONED PROPERTY MAINTENANCE, SECURITY, REGISTRATION AND MONITORING REQUIREMENTS") REGULATING THE MAINTENANCE AND
SECURITY OF VACANT PROPERTIES WITHIN THE CITY OF DOWNEY WHEREAS, on January 13, 2009, the City Council of the City of Downey adopted Ordinance 09-1239, adding Chapter 7 ("Abandoned and Vacant Property Registration and Maintenance") to Article VIII ("Building Regulations") of the Downey Municipal Code in order to establish registration, maintenance, and security requirements for any vacant property that is abandoned and subject to foreclosure proceedings; and
WHEREAS, vacant properties, buildings, and structures that are not yet distressed create similar public nuisance conditions as those created by distressed and abandoned properties in that they attract persons to use vacant structures for habitable purposes that do not meet minimum housing standards set forth by the State or the City; attract criminal activity; lower property values; create aesthetic decay; loss of character; and/or discourages potential buyers from purchasing adjacent properties; and
WHEREAS, the City Council desires to preserve the health, safety, and welfare for our residents and the community, and to the extent possible, protect neighborhoods from declining property values, aesthetic decay, and/or and other adverse impacts of unmaintained and unsecured vacant properties and structures through the strengthening of existing vacant lot maintenance, security, registrations, and monitoring regulations; and WHEREAS, requiring basic vacant lot maintenance, security, registration, and monitoring is reasonably associated with alleviating blight associated with unmaintained and unsecured vacant properties and structures, and ensuring that the property values of adjacent properties are not adversely affected; and
WHEREAS, the City has demonstrated a long-standing commitment to maintaining well - kept properties through strict enforcement of property maintenance standards, building codes, and zoning regulations, and recognizes that the community's property values and overall well- being are closely tied to the appearance and maintenance of properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Chapter 7 ("Abandoned and Vacant Property Registration and Maintenance") of Article VIII ("Building Regulations") of the Downey Municipal Code is hereby repealed in its entirety.
SECTION 3. Chapter 7 of Article VIII ("Building Regulations") is hereby reenacted in its entirety to read as follows:
Attachment A
Ordinance No. Page 1 of 21
■ W 0 t
VACANT AND ABANDONED PROPERTY MAINTENANCE, SECURITY, REGISTRATION,
AND MONITORING REQUIREMENTS
§ 8600. TITLE.
This chapter shall be known as the "Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements Ordinance" and may be so cited.
§ 8605. PURPOSE AND SCOPE.
It is the purpose and intent of the Downey City Council, through the adoption of this chapter, to establish standards and requirements for the maintenance and security of all properties and structures within the City that are vacant, as well as to establish a registration program for vacant properties that are either abandoned or otherwise have adverse impacts upon the community, as a mechanism to protect the health, safety, and general welfare. The requirements of this Chapter shall be supplementary, complementary, and cumulative to any other standards, obligations, and/or requirements set forth in any other provision of this Code (including, but not limited to, Article V, Chapter 9 ("Public Nuisances") and other laws applicable to the maintenance of real property. When there is any conflict between the provisions of this Chapter and any other provision of the Code, the more restrictive requirement will prevail.
§ 8610. DEFINITIONS.
For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:
(a) "Abandoned" shall mean real property that is vacant and meets any of the following conditions:
(1) is under a current notice of default;
(2) is under a current notice of trustee's sale;
(3) is pending a tax assessor's lien sale;
(4) 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
(5) has been transferred under a deed in lieu of foreclosure. (b) "Accessible property" shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.
(c) "Accessible structure" shall mean a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons. (d) "Agreement" shall mean any agreement or written instrument which Attachment A
Ordinance No.
provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method). (e) "Assignment of rents" shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. (f) "Beneficial interest" shall mean the interest held in a deed of trust by a beneficiary.
(g) "Beneficiary" shall mean a lender or holder of a note secured by a deed of trust. "City" shall mean the City of Downey.
(h) "Boarded" or "boarding" shall mean and refer to the coverings of all entry points into a building or structure, including all doors, windows, crawl spaces, and roof openings, for the purpose of preventing entry into the building by any person except the owner or an authorized agent of the owner with materials as specified in this Chapter.
(i) "Deed in lieu of foreclosure/sale" shall mean a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. (j) "Deed of trust" shall mean an instrument by which an interest in title to real estate is transferred to a third party trustee as security for a real estate loan (and often used in California instead of a mortgage). This definition applies to any and all subsequent deeds of trust (e.g., second deed of trust, third deed of trust).
(k) "Default" shall mean the failure to fulfill a contractual obligation, monetary or conditional.
(1) "Distressed" shall mean a property that meets any of the following conditions: (1) is under a current notice of default; (2) is under a current notice of trustee's sale; (3) is pending a tax assessor's lien sale; (4) 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 (5) has been transferred under a deed in lieu of foreclosure.
(m) "Evidence of vacancy" shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; and statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
(n) "Foreclosure" shall mean the process by which real property is sold at auction to satisfy a debt.
Attachment A
Ordinance No.
(o) "Local" shall mean within 15 driving miles distance of the subject property. (p) "Local Service Provider" shall mean a business or consultant that has a physical address located within the City from which the business or consultant performs business on a day-to-day basis, and holds a valid business license in the City.
(q) "Notice of default" shall mean a recorded notice that a default has occurred under deed of trust and that the beneficiary intends to proceed with a trustee's sale and/or other foreclosure proceeding.
(r) "Notice of trustee's sale" shall mean a recorded notice that follows a Notice of Default to announce the date, time, and place that a sale of real property may occur as a result of a default under a Deed of Trust. This Notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.
(s) "Out -of -area" shall mean not within 15 driving miles distance of the subject property.
(t) "Owner" shall mean any person having legal or equitable title or any interest in any real property.
(u) "Owner of record" shall mean the person having title to the property at any given point in time as recorded with the Los Angeles County Recorder's Office.
(v) "Person" shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City. (w) "Personal property" shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.
(x) "Real property" shall mean any improved or unimproved real property owned by any person and/ or any building, structure, or other improvement thereon, or any portions thereof.
(y) "Rehabilitation" shall mean the complete abatement of all substandard building and property conditions, and the restoration of the building or structure to a condition suitable for occupancy. A building or structure shall not be deemed rehabilitated if still vacant or until there is a lawful occupant therein utilizing the building or structure as approved. (z) "Responsible party" shall mean any person that has title to or control over real property. "Responsible party" includes, but is not limited to, owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies, as well as any person acting on behalf of another responsible party. (aa) "Securing" shall mean and include such measures as may be directed by Attachment A
Ordinance No.
the Community Development Director (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers, chaining or pad locking of gates, and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.
(bb) Sheeting material" shall mean a minimum of '/4-inch thick clear shatter- proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (cc) "Substantially vacant" shall mean any residential or commercial building where fewer than twenty-five percent (25%) of the units are occupied. (dd) "Trustee" shall mean the person holding a deed of trust on real property. (ee) "Trustor" shall mean a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
(ff) "Vacant" shall mean any of the following
(1) Any real property that is undeveloped; or,
(2) Any real property, building, or structure, or portion thereof, that is either substantially vacant or occupied by unauthorized persons; or, (3) Any real property or any building or structure, or portion thereof, that shows evidence of vacancy.
(gg) "Vacant Property Registration Category" shall mean the category assigned to a vacant property by the Community Development Department at the time a vacant property is registered in accordance with this Chapter, and shall include the following categories that shall be further defined as follows:
(1) Stable Property, which shall mean a vacant property that exhibits some or all of the following characteristics:
(A) The real property is maintained in accordance with Section 8615(b) of this Chapter and other applicable requirements of this Code, and does not exhibit evidence of vacancy;
(B) Every building and structure at the property is maintained with Section 8615(b) of this Chapter and other applicable
requirements of this Code, and in a manner that would readily allow for safe occupancy for its approved use, and does not otherwise exhibit evidence of vacancy;
(C) There is no evidence of intrusion by unauthorized persons; and/or,
(D) The owner or owner's agent is responsive to City requests, Attachment A
Ordinance No.
and regularly monitors the property on a proactive basis. (2) At -Risk Property, which shall mean a vacant property that exhibits some or all of the following characteristics:
(A) The real property is maintained substantially in compliance with Section 8615(b) of this Chapter and other applicable requirements of this Code, or otherwise has minimal
evidence of vacancy;
(B) Every building and structure at the property is maintained in compliance with Section 8615(b) of this Chapter and other applicable requirements of this Code; however, minimal or minor repairs may be necessary before the building could be safely occupied for its intended use;
(C) There are no cracked or broken windows on, nor unsecured openings into, any building or structure at the property, and there is no evidence of intrusion by unauthorized persons; and/or,
(D) The owner or owner's agent is responsive to City requests, but does not regularly monitor the property on a proactive basis.
(3) Hazardous Property, which shall mean a vacant property that exhibits some or all of the following characteristics:
(A) The property is abandoned (as defined in this Chapter); (B) The real property is not being maintained in accordance with Section 8615(b) of this Chapter or other applicable
requirements of this Code, or otherwise demonstrates
significant evidence of vacancy;
(C) Any building or structure at the property is not being maintained in accordance with Section 8615(b) of this
Chapter or other applicable requirements of this Code, or where significant repairs would be necessary to allow for safe occupancy of the building or structure for its intended use; (D) Any building or structure at the property is subject to an Order to Vacate issued by the City of Downey or any other
governmental agency;
(E) Any building or structure at the property has broken or cracked windows or other unsecured openings into the
structure; any building or structure has been boarded; or there is otherwise evidence of intrusion by unauthorized persons; and/or,
(F) The owner or owner's agent is unknown or unresponsive, and there appears to be no monitoring of the property.
Attachment A
Ordinance No.
§ 8615. GENERAL VACANT PROPERTY MAINTENANCE STANDARDS.
(a) Every responsible party for any real property, building, or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, in a neat, clean, healthful, and sanitary condition, and shall otherwise adhere to all of the provisions of this Chapter. (b) All Vacant Properties and Structures. No responsible party for any vacant real property, building, or structure, or portion thereof, shall cause, permit, allow, or suffer any of the following conditions at any time:
(1) Public nuisance conditions, as prohibited by Section 5902 of this Code or other applicable law;
(2) Any entryway into a vacant building or structure (including, but not limited to, any window, door, vent, crawl space, or other opening of such a size that it may allow a child to access the interior of the building or structure) that is unsecured.
(A) The boarding of any window, door, vent, crawl space, or other opening that is not in compliance with the Section 8620(b) of this Chapter, or other applicable provision of this Code; (3) Accumulations on exterior portions of the real property of lumber; junk; trash; debris; construction material; household furniture; appliances; cardboard boxes or other containers; clothing; shopping carts; equipment; combustible, flammable, or other hazardous material; or discarded, unused, or abandoned personal property;
(4) Accumulations of newspapers, circulars, flyers, notices, or other printed material that would lead a reasonable person to believe that the property is vacant, except for any such material that is required by Federal, State, or local law;
(5) Any building or structure with graffiti, tagging, or other unauthorized markings, or graffiti, tagging, or other unauthorized markings that have not been completely removed or painted over with a color matching the exterior of the remaining portion of the building or structure;
(6) Parking or storage on exterior portions of the real property of any wrecked, dismantled, or inoperative vehicle, or any vehicle that does not have a current and valid registration with the Department of Motor Vehicles (including any vehicle that is registered as planned non -operational ("PNO");
(7) Vegetation that is overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced as necessary;
(8) Lack of any vegetation that is required by this Code, or as to otherwise create or promote dust or soil erosion;
Attachment A
Ordinance No.
(9) Pest or rodent infestation; and/or,
(10) Swimming pools, spas, fountains, or other bodies of water that are not maintained in such a manner as to be free and clear of pollutants or debris, or that are maintained in such a manner as to be likely to harbor mosquitoes, insects, or vector, including, but not limited to, water that is clouded or green, water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or swimming pools that are not covered, secured, and/or maintained in such a manner that water cannot collect or accumulate therein or on top of a cover thereon.
(c) Properties or Structures Vacant for 30 Consecutive Calendar Days. In addition to the requirements and obligations of Sections 8615(a) and 8615(b) of this Chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for more than thirty (30) consecutive calendar days shall also adhere to the following:
(1) Submit a fully executed "Letter of Agency" to the Downey Police Department on a Police Department approved form to authorize the Downey Police Department to enter the property, request unauthorized persons to leave the property on behalf of the property owner, and/or to arrest all unauthorized persons from the property; and thereafter, submit a new Letter of Agency to the Downey Police Department upon expiration of the former Letter of Agency; (2) Install "No Trespassing" signs at locations on the property as determined by the Downey Police Department; and,
(3) Provide the Downey Police Department and Code Enforcement Division with the name, telephone number, and e-mail address for a person who will be responsible for the maintenance and security of the vacant property.
(d) Properties or Structures Vacant for 60 Consecutive Calendar Days. In addition to the requirements of Sections 8615(a), 8615(b), and 8615(c) of this Chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least sixty (60) consecutive calendar days shall also adhere to the following:
(1) In accordance with Section 8635 of this Chapter, register the property, on a form provided by the City, and tender all corresponding Vacant Property Registration and Monitoring fees, in an amount set by Council resolution and based upon the Vacant Property Registration Category assigned by the Department of Community Development;
(2) Submit a Vacant Property Mitigation Plan to the Community Development Department, which demonstrates how the property will be regularly inspected, secured, and maintained in a manner that protects the health, safety, general welfare, and aesthetic standards of the community, as well as which demonstrates goals Attachment A
Ordinance No. Page 8 of 21
and plans for demolishing any vacant structure or for the re - occupancy of the vacant property, buildings, and/or structures; (3) Conduct or cause to be conducted sufficient and adequate inspections of any vacant property, building, or structure, or portion thereof, to monitor and immediately abate any condition that does not adhere to the provisions of this Chapter and this Code; (A) Such inspections shall be conducted, at a minimum, once each calendar week, and the results of the inspections shall be documented and submitted in writing to the Community Development Director or designee thereof within forty-eight (48) hours of each inspection;
(4) For any vacant property categorized as a Hazardous Property, remove all furniture and personal property from the interior of any real property, building, or structure, or portion thereof, that is vacant; (5) For any vacant property categorized as a Hazardous Property, remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the vacant building or structure, or portion thereof.
(e) Properties or Structures Vacant for 90 Consecutive Days. In addition to the requirements of Sections 8615(a), 8615(b), 8615(c), and 8615(d) of this Chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least ninety (90) calendar days shall also adhere to the following:
(1) Drain all water from any swimming pool, jacuzzi, spa, or fountain, and comply with the following:
(A) Fill the pool, jacuzzi, spa, or fountain with soil or any other fill approved by the Building Official; or,
(B) Cover in a manner approved by the Building Official such that water cannot collect in the swimming pool or on top of the cover;
(2) For any vacant property categorized as a Hazardous Property, install motion -activated security lighting to adequately illuminate all entrances and exits to the vacant property and any vacant buildings or structures, and maintain said lighting in operable condition from dusk to dawn;
(3) For any vacant property categorized as a Hazardous Property, install motion -activated video surveillance cameras that cover all entrances and exits to the vacant property and any vacant buildings or structures and that provide two-way communication and mobile live -view video, and maintain said surveillance cameras in operable condition. Property owner shall provide surveillance footage within 2 calendar days upon request from the Community Development Attachment A
Ordinance No. Page 9 of 21
Director and/or Chief of Police;
(A) All lighting on -site shall comply with the standards required in Section 9520.06 of this Code;
(4) For any vacant property categorized as a Hazardous Property and where the property owner does not reside within fifteen (15) miles of the property, retain the services of a local property management company, in accordance with Section 8630 of this Chapter, that shall be responsible for the maintenance, security, and registration of the property.
(f) Rehabilitation of Structures Vacant for More Than 365 Consecutive Calendar Days. The maintenance and security requirements set forth in this Chapter are designed to temporarily alleviate the public nuisance conditions and activities that typically result from vacant, unoccupied, and/or abandoned properties and structures. Irrespective of these requirements, structures that are vacant for extended periods of time attract littering; dumping; graffiti; unauthorized entries by persons experiencing homelessness, minors, and criminals; and other nuisance conditions, and are also extremely vulnerable to being stripped of electrical and copper plumbing, and of being set on fire. Accordingly, structures that are vacant for more than 365 consecutive calendar days, other than those categorized as a Stable Property by the City, are hereby deemed a public nuisance subject to summary abatement.
(1) Responsible parties of any building or structure that has been vacant for more than 365 consecutive calendar days, other than those on a vacant property that has been categorized as a Stable Property, shall either demolish or rehabilitate the vacant building or structure for occupancy (with all required City approvals, permits, and inspections) as follows:
(A) Within fifteen (15) calendar days of a Notice to Rehabilitate from the City, responsible parties shall submit a "Letter of Intent" which confirms whether the building or structure will be demolished or rehabilitated in accordance with this
Section;
(B) Within thirty (30) calendar days of a Notice to Rehabilitate from the City, responsible parties shall submit all required applications, plans, supporting documents, and fees to the City's Community Development Department either to obtain a demolition permit or to obtain all required building, plumbing, electrical, and mechanical permits for the
rehabilitation of the vacant building or structure for its approved occupancy;
(C) Within sixty (60) calendar days of permit issuance (and no later than ninety (90) calendar days of a Notice to
Rehabilitate from the City unless an extension is granted by the City in writing), if demolition is the confirmed method set forth in the Letter of Intent, complete the demolition, lawfully Attachment A
Ordinance No. Page 10 of 21
remove and dispose of all debris resulting therefrom, and schedule, undergo, and pass a final City inspection;
(D) Within ninety (90) calendar days of permit issuance (and no later than one hundred twenty (120) calendar days of a
Notice to Rehabilitate from the City unless an extension is granted by the City in writing), if rehabilitation is the confirmed method set forth in the Letter of Intent, complete all required rehabilitation work in accordance with City - approved plans and City -issued permits, and schedule,
undergo, and pass a final City inspection.
§ 8620. GENERAL VACANT PROPERTY SECURITY STANDARDS.
(a) Every responsible party of any real property, building, or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, closed, locked, and secured in such a manner that prevents unauthorized access and/or entry.
(b) Boarding of Openings to Vacant Buildings and Structures. No door, window, vent, crawl space, and other opening to any vacant building or structure shall be boarded without prior written approval of the Director of Community Development (or designee thereof), and when such approval has been granted, the boarding of any door, window, vent, crawl space, and other opening shall be completed in accordance with the standards identified in this Chapter.
(1) Boarding of Openings to Structures Vacant for 30 Consecutive Calendar Days. All doors, windows, vents, crawl spaces, and other opening to buildings and structures that have been vacant for thirty (30) consecutive calendar days and have been categorized as an At -Risk Property or Hazardous Property, shall be boarded in adherence to the standards set forth in this Section. Only exterior grade screws and round -head plated carriage bolts shall be used in the boarding of any door, window, or other opening of a vacant building or structure. Nails shall not be used.
(A) Sheeting material. Unless specified herein or otherwise approved by the Director of Community Development,
responsible parties shall board and secure all doors,
windows, vents, crawl spaces, and other openings to vacant buildings and structures with approved sheeting material, and shall install such material in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require
securing.
(B) Plywood or similar material. No responsible party shall secure any door, window, vent, crawl space, or other
opening into a vacant building or structure with plywood, except as set forth in this Chapter.
Attachment A
Ordinance No.
(i) Plywood may be used temporarily on openings to
repair damage or vandalism, or to prevent
unauthorized entry into a vacant building or
structure.
(ii) Plywood on openings visible from the public vantage may not be installed or used for a period exceeding
sixty (60) calendar days.
(iii) Plywood on openings visible from the public vantage shall be painted in a color consistent with the color
of the abutting exterior covering of the vacant
building or structure.
(iv) Plywood shall be of un-sanded CDX grade, and shall have a minimum thickness of W for window
openings, W for door openings, and W for sliding
door and French door openings.
(v) Plywood used to secure any door, window, vent,
crawl space, or other opening into a vacant building
or structure shall be installed in accordance with
current United States Department of Housing and
Urban Development (HUD) and Federal Housing
Authority (FHA) securing standards, or as otherwise
required by the Director of Community
Development.
(C) Exterior access door. Responsible parties may maintain access to the interior of any vacant building or structure by means of one exterior access door by securing said access door by using:
A solid core wood or steel door with no windows or
other openings in the door; or,
(ii) Hinged sheeting material attached to the door entry with three case hardened strap hinges of the type
specified by the Building Official, and at least two
case hardened hasps and minimum two-inch (2")
case hardened padlock of a type approved by the
Building Official.
(c) Security Patrol Services Required. In addition to all other requirements of this Chapter, responsible parties of any real property, building, or structure (or portion thereof) that has been vacant for at least one hundred eighty (180) consecutive calendar days and that is on a property that has been categorized as an At -Risk or Hazardous Property shall provide security personnel (fully licensed, registered, and bonded as required by State and local law) as follows:
(1) Security patrol services that drive by and inspect the real property for unlawful activity (including unauthorized entry) at least once Attachment A
Ordinance No. Page 12 of 21
every 12 hours if there have been less than three (3) instances of unauthorized entry, or other violations of this Chapter in the preceding thirty (30) day period;
(2) On -site security patrol services during the hours of 7:00 p.m. and 7:00 a.m. if there have been three (3) or more instances of unauthorized entry, and/or other violations of this Chapter in the preceding thirty (30) day period; or,
(3) On -site security patrol services twenty-four (24) hours per day, seven (7) days per week if there have been at least five (5) instances of, unauthorized entry, or other violations of this Chapter in the preceding thirty (30) day period.
(4) All Security Patrol Service measures may be required prior to one hundred eighty (180) consecutive calendar days at the discretion of the Community Development Director (or designee thereof). (d) Additional security measures required by Community Development.
Vacant properties shall be secured against unauthorized entry as set forth in this Section. The Community Development Director may impose additional security requirements, such as fencing, cameras, increasing security staffing, lighting, etc. The Community Development Director may impose additional standards to the security measures mentioned in Section 8620(a), 8620(b), and 8620(c).
(e) Police and Community Development Collaboration. Deviations to Security measures established in this code may be authorized at the discretion of the Community Development Director and Chief of Police. A written request must be submitted indicating the deviation request with a justification.
§ 8625. DISTRESSED AND ABANDONED PROPERTIES.
(a) Recordation of Transfer of Loan/Deed of Trust. Within 10 calendar days following the purchase or transfer of a loan or deed of trust secured by real property, the new beneficiary and trustee shall record with the Los Angeles County Recorder's Office an assignment of rents or similar document that lists the name of the person purchasing or acquiring the loan or deed of trust and the mailing address and contact number of the new beneficiary and trustee responsible for receiving payment associated with the loan or deed of trust. This requirement shall not apply to the sale or transfer of a property when such sale or transfer does not include the sale or transfer of any loan or deed of trust associated with such property. (b) Inspections and Determination of Abandonment.
(1) Any beneficiary and trustee who holds a deed of trust on real property located within the City of Downey shall, prior to recording a notice of default, perform an inspection of said real property.
Notwithstanding the provisions of Section 8615 of this Chapter, if Attachment A
Ordinance No.
the property is found to be abandoned or shows evidence of vacancy (as these terms are defined by this Chapter), the beneficiary and trustee shall register the real property with the City, in accordance with Section 8635 of this Chapter, within 10 calendar days of the inspection.
(2) If the property is occupied at the time of the initial inspection but remains in default, it shall be inspected by the beneficiary and trustee every subsequent calendar month until: (1) the trustor or other party remedies the default, or (2) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee, or (3) the real property is found to be vacant or shows signs of vacancy, at which time, notwithstanding the provisions of Section 8615 of this Chapter, the beneficiary and trustee shall register the real property with the City, in accordance with Section 8635 of this Chapter, within 10 calendar days of said inspection.
(3) The beneficiary and trustee shall register with the City any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale.
Notwithstanding the provisions of Section 8615 of this Chapter, registration shall be filed, in accordance with Section 8635 of this Chapter, within 10 calendar days of the inspection demonstrating the vacancy or the evidence of vacancy.
(c) Abandoned Property Maintenance Requirements.
(1) Any party that is responsible for an abandoned property in the City shall retain the services of a local property management service provider in accordance with Section 8630 of this Chapter. (2) Abandoned properties shall adhere to all maintenance requirements set forth in Sections 5902 and 8615 of this Code, as well as all other applicable requirements of this Chapter. When there is any conflict between the provisions of this Section and any other provision of the Code, the more restrictive requirement will prevail.
(d) Abandoned Property Security Requirements.
(1) Abandoned properties shall adhere to all security requirements set forth in Section 8620 of this Chapter, as well as all other applicable requirements of this Chapter. When there is any conflict between the provisions of this Section and any other provision of the Code, the more restrictive requirement will prevail.
Attachment A
Ordinance No. Page 14 of 21
§ 8630. LOCAL PROPERTY MANAGEMENT SERVICE PROVIDER REQUIRED.
Any party that is responsible for a vacant property in the City (including abandoned real property) that is required pursuant to this Chapter to retain the services of a local property management service provider shall adhere to the following:
(a) Responsible parties shall retain the services of a local property management service provider within ten (10) calendar days of the effective date of this obligation. Responsible parties shall advise the local property management service provider of the application of this Chapter to the vacant property and the local service provider. The failure of the responsible party to advise the local service provider of any requirements or obligations pursuant to this Chapter shall not relieve the local service provider of any requirements or obligations imposed by this Chapter or other applicable law.
(b) Local property management service providers retained to satisfy the requirements of this Chapter shall be responsible for the maintenance, security, and registration of the vacant property, as well as any other requirements of this Chapter. The retention of a local property management service provider shall not relieve other responsible parties of their obligations, duties, and/or responsibilities pursuant to this Chapter or other applicable laws.
(c) Responsible parties shall, within five (5) calendar days of retention of a local property management service provider, provide in writing the name and telephone number of the local property management service provider to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property.
(d) Responsible parties shall cause the on -site inspection of the real property on a weekly basis and shall submit a written inspection report to the City Manager (or designee thereof) on or before the tenth day of each calendar month for which the real property remains vacant. The written report shall consist of, at a minimum, (1) the address of the real property being inspected, (2) the dates of inspection, (3) a description of any unlawful conditions observed, and (4) the actions taken or proposed to be taken by the responsible party to abate the unlawful conditions. (e) Responsible parties shall cause the abatement of any unlawful condition existing on the vacant property within 48 hours of observing or of being notified of the unlawful condition. Nothing in this Chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by the Downey Municipal Code or other applicable law.
§ 8635. VACANT PROPERTY REGISTRATION.
Any person required to register a vacant property (including, but not limited to, an abandoned property) pursuant to this Chapter shall submit a Vacant Property Registration form to the Director of Community Development (or designee thereof) in accordance with the provisions of this Section. A Vacant Property Registration form shall be accompanied by a Vacant Property Registration and Monitoring fee, as set by Council Resolution, that corresponds to the Vacant Attachment A
Ordinance No.
Property Registration Category assigned to the property by the Director of Community Development (or designee thereof).
(a) A Vacant Property Registration shall be on a form provided by the City, and shall contain, at a minimum, the following information:
(1) General Vacant Property Registration Information
(A) The Los Angeles County Assessor Parcel Number and
street address of the property being registered;
(B) The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the owner of the property;
(C) The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the any agent of the property owner responsible for the maintenance and security of the vacant property; (D) The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the local property management service provider, if applicable;
(E) The most recent legal use of the vacant property;
(F) Whether there are active utility services to the property (including electric, water, gas, and waste/recycling
services);
(G) Whether there is fire and liability insurance coverage; and, (H) Any other information as the Director may require.
(2) Abandoned Property Registration Information In addition to the information required as set forth in Section 8635(a)(1), a Vacant Property Registration form for an abandoned property shall also contain the following information:
(A) The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the beneficiary and trustee;
(B) A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure;
(C) A statement of intent which provides the following
information:
(i) The expected period of vacancy;
(ii) A detailed plan for the regular maintenance of the real property during the period of vacancy; and
Attachment A
Ordinance No.
(iii) A time -table for the lawful re -occupancy of the real property, or for the rehabilitation or demolition of the structures thereon.
(b) City Inspection Required. Concurrently with the registration of any vacant property pursuant to the provisions of this Chapter, a responsible party shall schedule a City inspection with the Community Development Department to be conducted within fifteen (15) calendar days of registration, and provide access to the vacant property (and any building or structure thereon) for the inspection.
(c) Vacant Property Registration & Monitoring Fees.
(1) Vacant Property Registration & Monitoring Fees corresponding to the Vacant Property Registration Category assigned by the City shall be paid on the following schedule:
(A) Stable Property— Upon initial registration, and then annually thereafter — unless re -categorized as an At -Risk Property or Hazardous Property.
(B) At -Risk Property — Upon initial registration or re - categorization as an At -Risk Property, and then quarterly (every 3 months) thereafter — unless re -categorized as a Hazardous Property.
(C) Hazardous Property — Upon initial registration or re - categorization as a Hazardous Property, and then monthly thereafter.
(2) The Vacant Property Registration & Monitoring Fee for any vacant property designated as an At -Risk Property shall remain due quarterly/every 3 months, unless recategorized by the City as Stable Property for at least 12 months or as Hazardous Property. (3) The Vacant Property Registration & Monitoring Fee for any vacant property designated as a Hazardous Property shall remain due monthly, unless recategorized by the City as a Stable Property or At -Risk Property for at least 12 months.
(d) Change of Information.
(1) Persons required to register vacant property pursuant to this Chapter shall also report in writing to the Director of Community Development or designee thereof any change of information contained in the Vacant Property Registration form or any other submission pursuant to the provisions of this Chapter, within ten (10) calendar days of the change.
(2) When abandoned property subject to registration pursuant to this Chapter becomes occupied or title is transferred to another responsible party, the beneficiary and trustee or prior responsible party shall notify, in writing, the Community Development Director Attachment A
Ordinance No.
(or designee thereof) within ten (10) calendar days of the property's occupancy or the transfer of title.
(e) Continued Registration.
(1) Persons required to register real property pursuant to the provisions of this Chapter shall keep such property registered and shall comply with all maintenance, security, and registration requirements of this Chapter and this Code for the entire time such property remains vacant or shows evidence of vacancy.
(2) In such instance where title to any vacant real property (including, but not limited to, abandoned properties) has been transferred to another responsible party, the new responsible party shall complete and submit a new Vacant Property Registration form (as set forth in Section 8635 of this Chapter), and tender the corresponding Vacant Property Registration & Monitoring Fee (as set forth in Section 8635(c)of this Chapter), within ten (10) calendar days of the transfer.
§ 8640. RE -OCCUPANCY OF ABANDONED OR VACANT PROPERTY OR STRUCTURES. (a) No person shall re -occupy or cause, permit, or suffer the re -occupancy of any real property (or building or structure thereon) that has been subject to registration pursuant to this Chapter and which property has been categorized as an At -Risk Property or Hazardous Property without having first met the following conditions:
(1) All charges, fees, and/or costs imposed pursuant to this Chapter or other applicable provisions of this Code have been tendered in full to the City;
(2) City Officials have conducted an onsite inspection of the real property (including all structures located thereon) to confirm it is in compliance with applicable provisions of this Code; and, (3) All substandard, hazardous, or otherwise unlawful conditions existing at the subject property have been corrected and abated with all requisite approvals, permits, and/or inspections. § 8645. AUTHORITY OF DIRECTOR OF COMMUNITY DEVELOPMENT; APPEAL. (a) Administration. The Director of Community Development shall have the authority to promulgate rules, regulations, policies, and procedures for the implementation, administration, and enforcement of this Chapter. (b) Alternative Methods of Securing Vacant Building or Structure. Upon application by the owner of any vacant property, building, or structure, and a showing that the requirements for boarding and securing a vacant building or structure imposed pursuant to this Chapter are impractical, the Director of Community Development (or designee thereof) may permit alternative methods of securing a vacant building or structure so as to achieve substantial compliance with this Chapter. The approval of an alternative method of securing a building or structure does not relieve a Attachment A
Ordinance No.
responsible party of the obligation to otherwise secure any vacant property, building, or structure to prevent unauthorized entry, nor to comply with all other requirements of this Chapter.
(1) The proposed rehabilitation or demolition of a property, building, or structure does not constitute sufficient grounds for demonstrating the impracticability of boarding or securing unless the City has already approved plans and issued permits for the rehabilitation of the property, building, or structure, and the responsible party attests in writing that the rehabilitation or demolition is scheduled to commence within the subsequent thirty (30) days.
(c) Additional Requirements for the Boarding, Securing, and Maintenance of a Vacant Property, Building, or Structure. In addition to the specific maintenance and security requirements provided in this Chapter, the Director of Community Development (or designee thereof) shall have the authority to require responsible parties for vacant properties to implement additional maintenance and security measures in order to effectuate the purposes of this Chapter and to protect the health, safety, and welfare of the general public. Such measures may include, but are not limited to, installation of security lighting, fencing, disconnection of utilities, increasing the frequency of on -site inspections, employment of an on -site security guard, retention of a local property management service provider, and/or posting of additional signage at the subject property. (1) In making any decision to impose additional maintenance and/or security requirements, the Director of Community Development may rely upon reports from any City division or department that, in its current condition, the property constitutes a danger to the public health, safety, or general welfare, or that the property has become an attractive nuisance or public nuisance, and that the current maintenance and security requirements are insufficient to terminate the nuisance or other illegal activity.
(A) Additional maintenance and security requirements may be considered for any vacant property that satisfies the criteria set forth in this section; however, additional maintenance and security requirements shall be considered for any
vacant property where five (5) or more instances of,
unauthorized entry, or other violations of this Chapter or other applicable law have occurred at the property within any sixty (60) day period.
(d) Appeal. In accordance with the requirements, procedures, and provisions of Chapter 4 of Article I of the Downey Municipal Code, any responsible party may request a hearing before the Community Development Director (or designee thereof) in order to challenge or appeal the imposition of any additional maintenance and/or security requirements pursuant to this Section. Responsible parties shall not have any right to appeal the application of the maintenance or security requirements otherwise set forth in this Chapter (including those set forth in Sections 8615 and 8620).
Notwithstanding the provisions of Chapter 4 of Article I of the Downey Attachment A
Ordinance No.
Municipal Code, nothing contained within this chapter authorizes a hearing or appeal to the Planning Commission or the City Council, and the decision of the Community Development Director (or designee thereof) following a timely appeal shall be final and binding.
§ 8650. VIOLATIONS AND PENALTIES.
(a) Notwithstanding any other provision of the Downey Municipal Code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapter 2 of Article I of the Downey Municipal Code and is also subject to administrative citations in accordance with Chapter 4 of Article I of the Downey Municipal Code.
(b) Any violation of this Chapter is also hereby declared to be a public nuisance, and may be remedied by administrative or civil action, including, but not limited to, civil injunction or other abatement action. (c) This chapter does not exclusively regulate the use, maintenance, and security of real and/or personal property within the City, and the remedies provided in this chapter are cumulative and in addition to other remedies and penalties authorized by the Downey Municipal Code, or by the laws of the State of California or of the United States.
SECTION 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other Ordinance or provision of the Downey Municipal Code referenced in this Ordinance shall affect in any manner any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. The provisions of this Ordinance shall have priority over substantially similar provisions previously adopted by the City relating to the same subject matter.
SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
Attachment A
Ordinance No. Page 20 of 21
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of 12025.
HECTOR SOSA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular meeting held on the _ day of _, 2025, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment A
Ordinance No.
ATTACHMENT B
Registered vacant properties
Address
APN
Council
District
13108 Cornuta Avenue
6281-001-005
1 12544 Bellder Drive
6261-011-014
1 12830 Izetta Avenue
6283-014-036
1 8747 Rosecrans Avenue
6266-0258-030
1 12844 Verdura Avenue
6263-009-007
1 9251 Belcher St
6262-018-017
1 11814 Tristan Dr
6255-023-034
1 8544 Puritan St
6263-018-011
1 12165 Julius Avenue
6246-027-034
2 11841 Horton Avenue
6248-026-005
2 11835 Horton Avenue
6248-026-006
2 11829 Horton Avenue
6248-026-007
2 12330 Orizaba Avenue
6259-017-025
2 7726 Finevale Drive
6365-029-005
3 7759 Gainford Street
6360-005-008
3 9904 Rives Avenue
6360-016-011
3 9603 Richeon Avenue
6359-013-001
3 9502 Paramount Boulevard
6361-018-001
3 9002 Paramount Boulevard
6364-005-001
3 7245 Rio Flora
6229-013-002
3 8009 Brookgreen Road
6367-011-005
3 7308 Finevale Drive
6366-010-007
3 7452 Muller Street
6249-013-008
3 9112 Haledon Avenue
6389-006-004
4 9043 Gallatin Road
6389-001-002
4 10512 Casanes Avenue
6286-012-021
4 10246 Newville Avenue
6287-005-007
4 9708 Birchdale Avenue
6363-008-017
4 9263 Otto Street
6390-017-027
4 10040 Mattock Avenue
6391-016-006
4 9630 Raviller Drive
6391-021-007
4 ._iu-t :_
Non -Registered Vacant Buildings
Address
APN
Council
District
11531 Bellflower Blvd
6256-001-029
1 11526 Lakewood Blvd
6256-001-093
1 9350 Hall Road
6284-019-013
1 9300 Hall Road
6284-019-015
1 12621 Paramount Boulevard
6245-017-049
2 11531 Downey Avenue
6255-013-032
2 8218 Firestone Boulevard
6255-003-015
3 7931 Firestone Boulevard
6251-017-014
3 7907 Firestone Boulevard
6251-017-018
3 8228 Firestone Boulevard
6255-003-006
3 10010 Paramount Boulevard
6361-021-046
3 9020 Firestone Boulevard
6284-006-023
4 9130 Firestone Boulevard
6284-005-019
4 11229 Woodruff Avenue
6284-004-010
4 8400 Firestone Boulevard
6255-002-032
4 Non -Registered Vacant Lots
Address
APN
District
12850 Woodruff Avenue
6283-024-010
1 10361 Foster Road
8051-001-004
1 7201 Firestone Boulevard
6231-001-017
3 ._iu-t :_
I
am
A
Legend
= City and District Boundary
Registered Vacant Properties
Non Registered Vacant Buildings
Non -Registered Vacant Lots
0 0.2 0A 0.8 Miles
PREPARED BY: SAGECREST PLANNING + ENVIRONMENTAL
Total # of Vacant Properties: 49
,,I I ir U ;101 :2 :1 A I I
District 1
Total # of Vacant Properties: 7
we
"A
Legend
= City and District Boundary Downey
Parcels
Registered Vacant Properties Non
pit Registered Vacant Buildings Non -
Registered Vacant Lots
In CitylofDowney
0 0.1 0.2 0.4 Miles
Attachment B
PREPARED BY: SAGECREST PLANNING + ENVIRONMENTAL
---------------- -- ------
Total # of Vacant Properties: 16
�R
0 0.1 0.2 0.4 Miles
Ix-
km
m
m
26 Legend
City and District Boundary
0 Downey Parcels
Registered Vacant Properties
Non Registered Vacant Buildings
Non -Registered Vacant Lots
7seq
n
PROPER
EE
EPI
M.
0 0A3 0.25 0.5 Miles
4 F--- --------------
Total # of Vacant Properties: 12
Sq
M,
2�3
Legend
City and District Boundary
Downey Parcels
Registered Vacant Properties
17Z5,t1-11�11 Non Registered Vacant Buildings
Non -Registered Vacant Lots
ECityofDowney
I Attachment B
PREPARED BY: SAGECREST PLANNING + ENVIRONMENTAL