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(1)AR 051909 Distressed Properties
Colton
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2009
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05/19/2009 6:00 pm
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ORDINANCES (FIRST READING):
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Waive Full Reading and Pass First Reading of an Ordinance regarding Colton Regulation of Abandoned and Distressed Residential Properties Ordinance, ORDINANCE NO. O-04-09.
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(1)AR 051909 Distressed Properties
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Entry Properties
Last modified
2/23/2014 4:12:57 AM
Creation date
2/20/2014 12:18:11 AM
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Agenda Item
Item Number
1
Submitted On
5/13/2009
Submitted By
Sabdi Espinoza
Item Title
AR 051909 Distressed Properties
ATRequest
2760
Status (2)
2
Department
City Clerk
Meeting Date
5/19/2009
Meeting Time
6:00:00 PM
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M <br />4 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25' <br />26 <br />27 <br />28 <br />"Secured" or "Securing" or any of its variants means such measures as may be directed by <br />the Colton Police Department Code Enforcement Division that assist in rendering the property <br />inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, <br />chaining or pad -locking of gates, and the repair or boarding of door, window or other openings to a <br />minimum of the current HUD securing standards at the time the boarding is completed or required. <br />"Trustee" means the Person holding a Deed of Trust on a property. <br />"Trustor" means a borrower under a Deed of Trust, who deeds the legal title to a property <br />over to a Trustee as security for the payment of a debt. <br />"Vacant" means a building or structure that is not legally occupied. <br />8.05.030. Recordation of Transfer of Loan/Deed of Trust/Assignment of Rents. <br />Within ten (10) days following the purchase or transfer of a loan or any Deed of Trust <br />secured by Abandoned or Distressed Property, the new Beneficiary and Trustee shall both record, <br />with the San Bernardino County Recorder's Office, an Assignment of Rents that lists the names of <br />the Beneficiary and Trustee, and the mailing address and contact phone number of the new <br />Beneficiary and Trustee responsible for receiving payments associated with the Deed of Trust. <br />8.05.040. Registration Requirements. <br />(a) Any Beneficiary and Trustee under a Deed of Trust, or their designee, on <br />Abandoned Property located within the City of Colton shall perform an inspection of the property <br />that is the security for the Deed of Trust, upon Default by the Trustor, prior to recording a Notice of <br />Default with the San Bernardino County Recorder's Office. If the property is found to be Vacant or <br />shows Evidence of Vacancy, the Beneficiary and Trustee shall, within ten (10) days following the <br />inspection, register the property with Colton Police Department Code Enforcement Division on <br />forms provided by the City. <br />(b) Any Distressed Property shall be inspected by the Beneficiary and Trustee, or their <br />designee, at least monthly until either: 1) the Trustor or other party remedies the Default, or 2) it is <br />found to be Vacant or shows Evidence of Vacancy, at which time it is deemed Abandoned, and the <br />Trustee shall, within ten (10) days following the required inspection, register the property with the <br />Colton Police Department Code Enforcement Division on forms provided by the City. <br />(c) The registration shall contain the names of the Beneficiary and Trustee, the street <br />address of the Beneficiary and Trustee (no P. O. Boxes), a direct contact name, facsimile and phone <br />numbers for the Beneficiary and Trustee and, in the case of an Out of Area Beneficiary or Trustee, <br />the Local property management company responsible for the security, maintenance and marketing of <br />the subject property. <br />(d) At the time of registration, the Beneficiary and Trustee shall concurrently file a <br />Statement of Intent which will include: 1) the expected period of vacancy; 2) a plan for regular <br />maintenance during the period of vacancy; and 3) a timeline for the lawful occupancy, rehabilitation <br />or demolition of the subject property. <br />(e) An annual registration fee for the Beneficiary and Trustee shall accompany the <br />registration form. Registration fees will not be prorated. The fee and registration shall be valid for <br />
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