Sue Margiotta

LAST ART WALK ON EL PASEO FOR THE SEASON

Thursday, May 1st is when the galleries on El Paseo open their doors until 9pm for the last time before the season officially ends. They will stay open all summer long and work with our out of town clients, but this will be your last chance until October to mix and mingle in the galleries on El Paseo.

THE HART GALLERY ON TV - GALLERY EXPANSION

Tuesday, April 29th at 9pm

One of only two galleries featured in "Exploring the Arts" on PBS/KCET (Channel 218), with Gloria Greer -

Tuesday April 29th at 9pm with repeats May 2nd and 3rd

www.hartgallery.net/TV

El Paseo Art Walk
Palm Desert / 346-8885

On the first Thursday of each month, from October through May, 17 fine art galleries on El Paseo, feature unique collections of international art and sculpture. El Paseo comes alive from 5 to 9 p.m. with wine and artist receptions. A destination for art collectors, as well as families and visitors. Meet the artists and gallery owners and enjoy an evening of art and discovery.

Lautner Hotel was sold on 4/25/08

Steve Lowe purchased this hotel back in 2000. He passed away just last year. I've previewed this place, it's bizarre. I seriously think it's the only historical building in Desert Hot Springs with interesting architecture. Please correct me if I'm wrong, I have been searching for unique architectural designed building in DHS for awhile.

Lautner Motel, designed by architect John Lautner in 1947. The property is now internationally recognized as one of the architect's significant design concepts.

Walled fortress style for winds and floods..

Jennifer Siegal purchased property surrounding this hotel and has plans to build Mid Century Modern Style homes that look amazing in this surrounding area of Desert Hot Springs, ..

Title has not registered, cannot confirm the buyer on this hotel

Palm Springs, Desert Hot Springs, Indio and Cathedral City all have plans for their revitalization of the downtown areas. I noticed several recent commercial listings in these downtown areas.

Schwarzenegger opposes eminent domain ballot initiative

The Republican governor says in a statement released Friday that the measure undermines California's ability to build dams, water delivery systems and other public works projects.

Proposition 98 would forbid California redevelopment agencies and other government entities from using eminent domain to take homes, businesses and farms for private development. Government is required to pay fair market value when it seizes property.

The measure also includes a contentious provision that would phase out rent control at apartments and mobile home parks. That provision has raised fear among the elderly and others who live in mobile home parks, often on fixed incomes.

Adam Mendelsohn, a spokesman for Schwarzenegger's campaign committee, says the governor has not taken a position on the other eminent domain initiative, Proposition 99. That measure is sponsored by the League of California Cities and supported by a coalition of farmers and environmentalists.

It forbids government from taking homes for private development.

Negligent owners in Indio could be fined

As foreclosure rates hit all-time highs, valley cities explore ways to keep empty houses from attracting vagrants

INDIO - The abandoned, foreclosed home on Caribe Street looked OK from the outside.

Inside, it was obvious that squatters - homeless people who stay the night in vacant houses - had invaded.

Plates with crusted food, empty beer cans and pillows were strewn throughout the home.

Used, wadded-up toilet paper piled high in the bathrooms.

"I wouldn't want to live next door to a house like that," Indio police Lt. Forest Meadows said.

It's a scene that's starting to crop up in neighborhoods across the valley - a byproduct of skyrocketing foreclosures.

Indio, with nearly 1,500 homes in foreclosure in the city's limits, is leading valley cities in taking a stand.

A new law goes into effect April 4 targeting abandoned homes with overgrown landscaping, stagnant pools and other eyesores that scream "empty" to squatters.

The law requires that abandoned properties be registered with the city and maintained. If not, the owner - usually the bank in foreclosed situations - could face fines or criminal prosecution.

"This is a nationwide problem. We're just being proactive. We're trying to get ahead of the game," Meadows said.

Other Coachella Valley cities are following.

In Desert Hot Springs, where abandoned homes also are being used for unsupervised parties by youths, a similar ordinance was approved Tuesday by its City Council.

In Palm Springs, the subject of abandoned buildings including homes was discussed at a recent City Council study session.

The problem Indio and other cities face with foreclosed homes is not knowing who the owner of a home is and who is responsible for its maintenance.

Homeowners are walking away from their homes without notifying their lenders, Meadows said.

And banks in some cases won't take responsibility for properties until more than six months into the foreclosure process, he said.

Meanwhile, the grass is dying, the landscape is overgrown, and mail and phonebooks are piling up.

Of the 1,480 homes in the foreclosure process, about 450 are bank-owned, Meadows said.

Nationally, foreclosures rose to an all-time high at the end of 2007 - the result of borrowers with adjustable-rate loans walking away from properties before their payments spiked.

Refinancing didn't work because of a lack of equity, or they couldn't meet the new loan standards.

In Riverside County, foreclosure filings rose 177 percent from a year ago: 7,549 in January compared to 2,721 foreclosures in January 2007, according to Realty Trac, a national foreclosure database.

Because Indio is the largest city with the highest housing inventory, Meadows said it's not unusual for Indio to also have the highest number of homes in the foreclosure process.

The nearly 1,500 homes in the city in the foreclosure process represent about 4 percent of Indio's inventory.

Meadows is not calling the situation a "crisis," but said it has caused a headache for the code enforcement department.

"It's probably one of the biggest things that has affected the city in (recent) years," he said.

Law applies fees

In Chula Vista, where drug users, transients and evidence of unsupervised parties have been found in empty homes, a law requires lenders to register the foreclosed home with the city.

They also must pay a $70 fee and are required to retain the services of a local property management company.

Meadows said city officials reviewed that ordinance and others around the state to create Indio's.

There, lenders will be required to register foreclosed homes with the city, and pay a registration fee. The city has yet to determine the price, but the fee is to offset the cost of enforcing the law.

Each property also is required to have a name and a 24-hour phone number of the local management company.

Not registering would be considered a misdemeanor, and the city can seek civil remedies or criminal prosecution.

"This ordinance will allow us to hold the lender responsible," Meadows said.

Brian Holcombe, president of FirstBank, said on the surface the ordinance seems reasonable, but in most cases unnecessary.

"If I had to register a home, from my perspective, that would be a bureaucratic administrative step that I don't think would add any value to the community," he said.

He said FirstBank doesn't have a single home in foreclosure in the Coachella Valley because they didn't initiate any sub-prime loans.

Holcombe said he guesses that most of the unkempt foreclosed homes belong to national lenders that don't have a local presence.

Stephanie Grant, assistant vice president of public relations for Wells Fargo, wrote that she could not comment on the law. But she e-mailed the following statement:

"We recognize that it's not good for a house or for a neighborhood when a home is vacant. We suffer significant financial losses whenever foreclosure becomes necessary, and neighborhoods may suffer from vacant homes. Wells Fargo has a strong business interest in selling a real estate owned house as quickly as possible."

With six code enforcement officers, the city won't be able to canvass every single home.

But if a neighbor calls or a resident notices an unkempt home, officers will investigate, Meadows said.

Getting ready, educating

The police department will educate lending companies and the California Desert Association of Realtors about the new law before it goes into effect, Meadows said.

Sue McCollum, president of the Realtors association, said she'd be happy to learn more.

"This is a concern of Realtors and of the actual neighbors in the neighborhood," she said. "It would be very beneficial to upkeep these homes, and it would be the responsibility of the people that own the homes to do that."

Indio Councilman Mike Wilson said he's relieved to have the new ordinance in place.

He had a squatter staying in a foreclosed home across the street and saw what it did to his Sonora Wells neighborhood.

"They were coming late at night and leaving early in the morning," Wilson said.

"If we're maintaining the front yard and pools and Jacuzzis it takes away the squatter or transient issue," he said.

Glass remains at a foreclosed home on Kenya Drive that had been boarded up by the city due to vandalism. (Marilyn Chung, The Desert Sun)

Trash strewn about a foreclosed home on Caribe Street is evidence squatters likely invaded the empty home. Most foreclosed homes remain clean, though the lawns become overgrown and brown. (Marilyn Chung, The Desert Sun)

Tell-tale signs

Transients look for the following when searching for a place to stay for the night:

Yellow grass

Overgrown landscaping

Piles of mail at the front door

Broken windows and gates

http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080321/NEWS01/803210392/1026/news12

Desert Hot Springs City Council is requiring all foreclosed homes to be registered with the city. The water and power is shut off in these homes. Palm trees, plants and flowers are dead. Pools are green with mold and it's not a pleasant site for the desert.

Some of these homes are left wide open, air conditioners, kitchen cabinets, even bathtubs are being stolen from these homes. This is a good thing, just hope they enforce it...

REPORT TO THE CITY COUNCIL

DATE: MARCH 18, 2008

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: CITY MANAGER, RICK DANIELS

INITIATED BY: ASSISTANT CITY MANAGER, STEVEN A. MENDOZA

GENERAL REGULATIONS, OF THE CITY OF DESERT HOT SPRINGS MUNICIPAL CODE BY ADDING CHAPTER

100, ABANDONED RESIDENTIAL PROPERTY REGISTRATION

Abandoned Residential Property Registration, requiring lenders to maintain homes they seize

and register the abandoned properties with the City of Desert Hot Springs.

5. Approve Resolution No. 2008-25, a Resolution of the City Council of the City of Desert Hot

Springs, California setting the Abandoned Residential Property Registration program Fee

amount pursuant to Ordinance No. 2008-07.

EXECUTIVE SUMMARY

Foreclosures are increasing in number and those that are vacant and abandoned are having a

negative impact on the surrounding neighborhood and community as a whole. Current figures indicate

that about 990 homes in the City of Desert Hot Springs are currently in various stages of foreclosure -

preforeclosure, auction or bank-owned.

To protect residential neighborhoods and keep and property values from dropping, staff is proposing

that the City Council adopt a program that forces lenders to maintain homes they seize and to register

the abandoned properties with the City. Modeled on initiatives in Chicago, Detroit, and Chula Vista,

the program will require lenders to hire local property management firms to prevent vacant homes

from becoming neglected. The program will be paid for by a Sixty Dollar ($60.00) fee charged to title

holders when they register an abandoned property with the City.

Staff recommends that the City Council consider the proposed amendment to the City Municipal Code,

and approve the Abandoned Residential Property Registration program as provided for in the attached

Ordinance.

BACKGROUND

The cooling housing market has lead to an increase in financially distressed properties. Foreclosures

are increasing in number and those that are vacant and abandoned are having a negative impact on

the surrounding neighborhood and community as a whole.

It is not unusual for homes that are in the foreclosure process to sit vacant and unmaintained for

months on end. This impact destabilizes neighborhoods and encourages vandalism and other forms of

criminal activity and contributes to lower property values.

Current figures indicate that about 990 homes in the City of Desert Hot Springs are currently in various

stages of foreclosure - preforeclosure, auction or bank-owned.

To protect residential neighborhoods and keep and property values from dropping, staff is proposing

that the City Council adopt a program that forces lenders to maintain homes they seize and to register

the abandoned properties with the City. Modeled on initiatives in Chicago, Detroit, and Chula Vista,

the program will require lenders to hire local property management firms to prevent vacant homes

from becoming neglected.

Lenders can be held accountable for a home even before the foreclosure is complete because the

property is security for the loan. This program puts responsibility back on the lender earlier than the

current process employed by the City.

The program will be paid for by a $60.00 fee charged to title holders when they register an abandoned

property with the City. The program kicks in with the first notice of default. At that point, a lender must

check to see whether anyone is living in the home. If not, it must hire a property management firm to

prevent any sign of disrepair from appearing.

The local property management company is required to inspect the property on a weekly basis to

determine if the property is in compliance with the requirements of this chapter. If the property is found

to be in noncompliance, or if notification of noncompliance is reported, the local property management

company is required bring the property back into compliance within 72 hours.

The property must be posted with the name and 24-hour contact number of the property management

company responsible for the weekly inspection, maintenance and security of the property. This will

remove the City's Code Enforcement from spending limited resources to act as the property manager.

It also allows neighbors to have direct contact with a responsible party. It is hoped that the

combination of observant neighbors and an accessible local responsible party will deter and arrest any

potential deterioration of abandoned properties having a negative impact on the surrounding

neighborhood and the community as a whole.

Violations of this chapter may by enforced in any combination as permitted by Chapters 80 through 89

of the City of Desert Hot Springs Municipal Code (Code Enforcement) including: 1) notice to abate or

public nuisance administrative fine ($100 for first violation, $200 for second violation, $500 for third

and each subsequent violation), issuance of a notice of violation in lieu of issuing a field citation; 2)

issuance of an infraction ($100 for first violation, $200 for second violation, $500 for third and each

subsequent violation); 3) issuance of a misdemeanor violation (fine in the amount not to exceed

$1,000 and/or imprisonment for a period not to exceed 6 months; $250 for a first conviction, $500 for a

second conviction; $750 for the third conviction; $1,000 for a fourth and subsequent conviction); and

any other enforcement and legal remedies available to the City under the law including recovery of

attorneys' fees.

CONCLUSION

Staff believes this program will stabilize property values, avoid blight, discourage criminal activity and

reduce the amount of calls to police and code enforcement. Staff recommends that the City Council

consider the proposed amendment to the City Municipal Code, and approve the Abandoned

Residential Property Registration program as provided for in the attached Ordinance.

ENVIRONMENTAL ANALYSIS

Staff has determined that the requested Abandoned Residential Property Registration program was

found to be Categorically Exempt under Class 5, Minor Alterations in Land Use Limitations (Section

15305 of the CEQA Guidelines) and that no further environmental review is required.

FISCAL IMPACT

There is no impact to the City's General Fund as a result of this action as this program will be self

sufficient through funds collected.

EXHIBITS

1. Ordinance No. 2008-07

Exhibit A. - Abandoned Residential Property Registration program.

2. Resolution No. 2008-25. Abandoned Residential Property Registration program Application Fee.

3. Abandoned Residential Property Registration Program Application.

Prepared by: _____________________________________________________

ASSISTANT CITY MANAGER, STEVEN A. MENDOZA

Approved by: _____________________________________________________

CITY MANAGER, RICK DANIELS

ORDINANCE NO. 2008-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

CALIFORNIA, AMENDING TITLE 9: GENERAL REGULATIONS OF THE CITY OF DESERT HOT

SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 100, ABANDONED RESIDENTIAL

PROPERTY REGISTRATION, REQUIRING LENDERS TO MAINTAIN HOMES THEY SEIZE AND

REGISTER THE ABANDONED PROPERTIES WITH THE CITY.

WHEREAS, the City of Desert Hot Springs desires to amend Title 9, General Regulation of

City of Desert Hot Springs Municipal Code by adding Chapter 100, Abandoned Residential Property

Registration; and

WHEREAS, current estimates indicate that about 990 homes in the City of Desert Hot

Springs are currently in various stages of foreclosure - preforeclosure, auction or bank-owned; and

WHEREAS, the City Council finds that the presence of vacant, abandoned residences can

lead to neighborhood decline, create an attractive public nuisance, contribute to lower property values,

discourage potential buyers from purchasing a home adjacent to or in neighborhoods with vacant

abandoned residences; and

WHEREAS, the City of Desert Hot Springs desires to establish an abandoned residential

property registration program as a mechanism to protect residential neighborhoods form becoming

blighted though the lack of adequate maintenance and security of abandoned properties; and

WHEREAS, notice of the public hearing of the City Council of the City of Desert Hot Springs to

consider the proposed Ordinance Zoning was given in accordance with applicable law; and

WHEREAS, on ________, 2008 a public hearing of the City Council of the City of Desert Hot

on the requested Zoning Text Amendment was held.

NOW, THEREFORE, the City Council of the City of Desert Hot Springs DOES HEREBY

ORDAIN as follows:

SECTION 1. That this Ordinance is adopted pursuant to City's police, public health, welfare and safety

powers and findings incorporate the purpose of the Ordinance, as stated in Section 100.10

(Purpose/scope) of Chapter 100, as set forth in Exhibit A, and incorporated by reference herein; and

SECTION 2. That Title 9: General Regulation of City of Desert Hot Springs Municipal Code is hereby

amended by adding Chapter 100, Abandoned Residential Property Registration as set forth in Exhibit

A, and incorporated by reference herein, requiring lenders to maintain homes they seize and register

the abandoned properties with the City of Desert Hot Springs; and

SECTION 3. CEQA. That the requested text amendment was found to be Categorically Exempt under

Class 5, Minor Alterations in Land Use Limitations (Section 15305 of the CEQA Guidelines).

Therefore, no further environmental review is required; and

SECTION 4. SEVERABILITY. If any section, subsection or clause of this Ordinance shall be deemed to

be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses

shall not be effected thereby; and

SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict with the provisions of this

Ordinance are hereby repealed; and

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this

Ordinance. The City Clerk shall post this Ordinance within the time and manner prescribed by law. This

Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of

fifteen (15) days from that passage thereof shall be published at least once in a newspaper of general

circulation in the City of Desert Hot Springs, and henceforth and thereafter, the same shall be in full force

and effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Desert Hot Springs

at a regular meeting held on the ____ day of ___________, 2008 by the following vote:

AYES, and in favor thereof, Council members:

NAYS, Council members:

ABSENT, Council members:

ABSTAINING, Council members:

__________________________

Yvonne Parks, Mayor

ATTEST: APPROVED AS TO CONTENT:

________________________ __________________________

Cynthia Lugo, City Clerk Rick Daniels, City Manager

APPROVED AS TO LEGAL FORM:

________________________

Ruben Duran, City Attorney

Title 9: General Regulations

Chapter 100.00

ABANDONED RESIDENTIAL PROPERTY REGISTRATION

Sections:

100.10 Purpose/scope.

100.20 Definitions.

100.30 Recordation of transfer of loan/deed of trust/assignment of rents.

100.40 Registration.

100.50 Maintenance requirements.

100.60 Security requirements.

100.70 Additional authority.

100.80 Fees.

100.90 Enforcement.

100.100 Appeals.

100.110 Violation/penalty.

100.120 Severability.

100.10 Purpose/scope.

It is the purpose and intent of the City of Desert Hot Springs City Council, through the adoption of

this chapter, to establish an abandoned residential property registration program as a mechanism to

protect residential neighborhoods from becoming blighted through the lack of adequate maintenance

and security of abandoned properties. The City Council finds that the presence of vacant, abandoned

residences can lead to neighborhood decline, create an attractive public nuisance, contribute to lower

property values, discourage potential buyers from purchasing a home adjacent to or in neighborhoods

with vacant abandoned residences.

100.20 Definitions.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as

follows:

"Abandoned" means a property that is vacant and is under a current notice of default and/or notice

of trustee's sale, pending tax assessor's lien sale and/or properties that have been the subject of a

foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the

foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

"Accessible property" means a property that is accessible through a compromised/breached gate,

fence, wall, etc.

"Accessible structure" means a structure/building that is unsecured and/or breached in such a way

as to allow access to the interior space by unauthorized persons.

"Agreement" means any agreement or written instrument which provides that title to residential

property shall be transferred or conveyed from one owner to another owner after the sale, trade,

transfer or exchange.

"Assignment of rents" means an instrument that transfers the beneficial interest under a deed of

trust from one lender/entity to another.

"Beneficiary" means a lender under a note secured by a deed of trust.

"Buyer" means any person, partnership, co-partnership, association, corporation, fiduciary or any

legal entity that agrees to transfer anything of value in consideration for property described in an

agreement of sale, as defined in this subsection.

"Dangerous building" means any building/structure that is violation of any condition(s), standards

and/or regulations referenced in Chapter 150, Building Regulations of Desert Hot Springs Municipal

Code.

"Days" means consecutive calendar days.

"Deed of trust" means an instrument by which title to real estate is transferred to a third party

trustee as security for a real estate loan. Used in California instead of a mortgage. This definition

applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.

"Deed in lieu of foreclosure/sale" means 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.

"Default" means the failure to fulfill a contractual obligation, whether monetary or conditional.

"Distressed" means a property that is under a current notice of default and/or notice of trustee's sale

and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been

conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.

"Evidence of vacancy" means 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

include, but are not 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 debris, the absence of window coverings such as curtains, blinds and/or shutters, the

absence of furnishings and/or personal items consistent with residential habitation, statements, based

on observations, by neighbors, passersby, delivery agents, government employees that the property is

vacant.

"Foreclosure" means the process by which a property, placed as security for a real estate loan, is

sold at an auction to satisfy the debt if the trustor (borrower) defaults.

"Local" means 5 road/driving miles distance of the subject property.

"Neighborhood standard" means those conditions that are present on a simple majority of

properties within a 300-foot radius of an individual property. A property that is the subject of a

neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall

not be counted toward the simple majority.

"Notice of default" means a recorded notice that a default has occurred under a deed of trust and

that the beneficiary intends to proceed with a trustee's sale.

"Out-of-area" means in excess of 5 road/driving miles distance of the subject property.

"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 any real property.

"Owner of record" means the person, partnership, co-partnership, association, corporation, fiduciary

or any other legal entity having recorded title to the property at any given point in time the record is

provided by the Riverside County Recorder's Office.

"Property" means any unimproved or improved real property or portion thereof, situated in the City

and includes the buildings or structures located on the property regardless of condition.

"Residential building" means any improved real property, or portion thereof, situated in the City,

designed or permitted to be used for dwelling purposes, and shall include the buildings and structures

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 and/or zoned for such use.

"Securing" means such measures as may be directed by the City Manager or his or her designee

that assist in rendering the property inaccessible to unauthorized persons, including but not limited to

the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window

and/or other openings. Boarding shall be completed to a minimum of the current United States

Department of Housing and Urban Development securing standards at the time the boarding is

completed or required.

"Trustee" means the person, partnership, co-partnership, association, corporation, or fiduciary

holding a deed of trust on a property.

"Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for

the payment of a debt.

"Vacant" means a building/structure that is not legally occupied.

100.30 Recordation of transfer of loan/deed of trust/assignment of rents.

Within 10 days of the purchase and/or transfer of a loan/deed of trust secured by residential

property the new beneficiary/trustee shall record, with the Riverside County Recorder's Office, an

assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the

mailing address and contact phone number of the new beneficiary/trustee responsible for receiving

payments associated with the loan/deed of trust.

100.40 Registration.

Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Desert

Hot Springs, shall perform an inspection of the property that is the security for the deed of trust, upon

default by the trustor, prior to recording a notice of default with the Riverside County Recorder's Office.

If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed

abandoned and the beneficiary/trustee shall, within 10 days of the inspection, register the property

with the City Manager or his or her designee on forms provided by the City.

If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or

his or her designee, on monthly basis until (1) the trustor or another party remedies the default; or (2) it

is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned, and the

trustee shall, within 10 days of that inspection, register the property with the City Manager or his or her

designee on forms provided by the City.

In either case the registration shall contain the name of the beneficiary/trustee (co-partnership,

partnership, association, fiduciary, corporation, any legal entity or individual), the direct street/office

mailing address of the beneficiary/trustee, excluding P.O. boxes, a direct contact name and phone

number for the beneficiary/trustee and, in the case of a corporation or out-of-area beneficiary/trustee,

the local property management company responsible for the security, maintenance and marketing of

the said property. Registration fees will not be prorated.

An annual registration fee shall accompany the registration form. The fee and registration shall be

valid for the calendar year, or remaining portion of the calendar year, in which the registration was

initially required. Subsequent registrations and fees are due January 1st of each year and must be

received no later than January 31st of the year due. Registration fees will not be prorated.

This section shall also apply to properties that have been the subject of a foreclosure sale where

the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any

properties transferred under a deed in lieu of foreclosure/sale.

Properties subject to this chapter shall remain under the annual registration requirement, security

and maintenance standards of this section as long as the properties remain vacant.

Any person, firm, partnership, co-partnership, association, fiduciary corporation or any legal entity

that has registered a property under this chapter must report any change of information contained in

registration and required by this chapter, within 10 days of the change.

100.50 Maintenance requirements.

Properties subject to this section shall be, in comparison to the neighborhood standard, kept free of

weeds, dry brush, dead vegetation, trash, junk, debris, 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 the appearance that the property is abandoned.

The 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.

Visible front and side yards shall be landscaped and maintained to the neighborhood standard at

the time registration was required.

Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar

plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic

sheeting, mulch, indoor-outdoor carpet or any similar material.

Maintenance includes but is not limited to regular watering, irrigation, cutting, pruning and mowing

of required landscape and removal of all trimmings.

Pools and spas shall be kept in working order so the water remains clear and free of pollutants and

debris or drained and kept dry. In either case properties with pools and/or spas must comply with the

minimum security fencing requirements of the State of California.

Adherence to this section does not relieve the beneficiary/trustee or property owner of any

obligations set forth in any covenants, conditions and restrictions and/or homeowners' association

rules and regulations which may apply to the property.

100.60 Security requirements.

Properties subject to this section shall be maintained in a secure manner so as not to be accessible

to any unauthorized persons.

Secure manner includes but is not limited to the closure and locking of windows, doors (walkthrough,

sliding and garage), gates and any other opening of such size that it may allow a child to

access the interior of the property and or structure(s). In the case of broken windows securing means

the reglazing or boarding of the window.

If the property is owned by a corporation and/or out-of-area beneficiary/trustee/owner, a local

property management company shall be contracted to perform weekly inspections to verify that the

requirements of this section, and any other applicable laws, are being met.

The property shall be posted with name and 24-hour contact phone number of the local property

management company. The posting shall be no less than 18 inches by 24 inches and shall be of a

font that is legible from a distance of 45 feet and shall contain along with the name and 24-hour

contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR

CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the

front of the property so it is visible from the street, or secured to the exterior of the building/structure

facing the street to the front of the property so it is visible from the street or, if no such area exists, on

a stake of sufficient size to support the posting in a location that is visible from the street to the front of

the property but not readily accessible to vandals. Exterior posting must be constructed of and printed

with weather resistant materials.

The local property management company shall inspect the property on a weekly basis to determine

if the property is in compliance with the requirements of this chapter. If the property is found to be in

noncompliance, or if notification of noncompliance is reported to the local property management

company, the local property management company, or its designee, shall bring the property back into

compliance within 72 hours of notice thereof.

100.70 Additional authority.

In addition to the enforcement remedies established in Title VIII (Code Enforcement), Chapters 80

though 89 of the City of Desert Hot Springs Municipal Code, and any other enforcement remedies

permitted under the law, the City Manager or his or her designee shall have the authority to require the

beneficiary/trustee/owner and/or owner of record of any property affected by this section to implement

additional maintenance and/or security measures including but not limited to securing any/all door,

window or other openings, installing additional security lighting, increasing on-site inspection

frequency, employment of an on-site security guard or other measures as may be reasonably required

to arrest the decline of the property.

100.80 Fees.

The fee for registering an abandoned residential property shall be set by resolution of the City

Council.

100.90 Enforcement.

In addition to Section 100.70, violations of this chapter may by enforced in any combination as

permitted by Title VIII (Code Enforcement), Chapters 80 through 89 of the City of Desert Hot Springs

Municipal Code and any other enforcement and legal remedies available to the City under the law.

100.100 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 Title VII (Code Enforcement) of the City of Desert Hot

Springs Municipal Code.

100.110 Violation/penalty.

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person,

firm and/or corporation that violates any portion of this section shall be subject to prosecution, public

nuisance abatement and/or administrative enforcement pursuant to Title VIII (Code Enforcement) of

City of Desert Hot Springs Municipal Code.

100.120 Severability.

Should any provision, section, paragraph, sentence or word of this chapter be determined or

declared invalid by any final court action in a court of competent jurisdiction or by reason of any

preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this

chapter shall remain in full force and effect.

RESOLUTION NO. 2008-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

CALIFORNIA SETTNG THE ABANDONED RESIDENTIAL PROPERTY REGISTRATION

PROGRAM FEE AMOUNT PURSUANT TO ORDINANCE NO. 2008-07.

WHEREAS, the City Council of the City of Desert Hot Springs, California did on ________ by

Ordinance No. 2008-07 establish a Abandoned Residential Property Registration program; and

WHEREAS, Section 100.80 of Ordinance No. 2008-07 requires the City to adopt by resolution

the fee for registering an abandoned residential property; and

WHEREAS, the City Council, in determining the amount of the fee, desires to insure that the

fee recovers all associated costs for implementing the program.

It is the purpose and intent of the Desert Hot Springs City Council, through the adoption of this Chapter, to

establish an abandoned residential property registration program as a mechanism to protect residential

neighborhoods from becoming blighted through the lack of adequate maintenance and security fo abandoned

properties.

Owner Responsibility under Desert Hot Springs Municipal Code Chapter 100.00:

Within ten (10) days of the purchase and/or transfer of a loan/deed of trust secured by residential

property, the new beneficiary/trustee shall record, with the Riverside County Recorder's Office, an

Assignment of Rents.

If the property is vacant or abandoned, the beneficiary/trustee shall register the property with the

City using this form within ten days of transfer, vacancy or subsequent vacancy. [DHSMC 100.40].

Maintain the property on a weekly basis. [DHSMC 100.60].

Secure the property [DHSMC 100.60].

Post the property with the property manager's name, address and 24-hour contact phone number.

[DHSMC 100.60].

Report to the City any change of address and change of contact in information within ten days of

said change. [DHSMC 100.60].

A copy of this or any municipal code of the City of Desert Hot Springs may be downloaded at:

http://www.cityofdhs.org/Code_Enforcement

65950 Pierson Boulevard Desert Hot Springs, California 92240