FW: Utah Governor's Energy Development Summit - Final Agenda andSpeakers Posted

2012-02-02T18:05:06Z

The final agenda including speaker information is now posted on our website. We have limited seats remaining open!

To view the full program or to register, please visit: http://www.energy.utah.gov/

Thank you,

Samantha

Samantha Mary Julian, MBA

Director

Office of Energy Development

195 North 1950 West, 2nd FL

Salt Lake City, UT 84116

Office 801-536-4285

Fax 801-538-4795

sjulian@utah.gov

www.energy.utah.gov

Please note: Starting Tuesday, September 6, 2011, our agency hours will be 8am-5pm, Monday-Friday.

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TODAY: Stephen Goldsmith, 10.11.12 Lecture Series

2012-02-02T10:55:21Z

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Call for Best Practices Examples

2012-02-01T11:18:32Z

Planners:

This is an opportunity to show off some of the great developments in your city/county. About a year and a half ago planners from Cache Valley took two busses full of planning commissioners and city council members on a one day tour of some great developments along the Wasatch Front. We showed them examples of residential, commercial, industrial, mixed-use, and transportation projects. The tour was a great success and I would like to do it again and improve it. Based on the feedback from tour participants I would like to get more information about the sites that we visit.

Now for the request: If you have a development/project in your jurisdiction that you think is a great example of a residential, commercial, industrial, mixed-use, or transportation development please email me at jay.baker@cachecounty.org and tell me about it. I would like to visit the suggested sites and perhaps talk to you more about them. Thank you for your help. If anyone is interested I would be happy to share the information when I have it compiled.

As a reference the following is a list of the sites we visited last time:

1) Salt Lake International Center: Industrial business park

2) Daybreak: Mixed-use, walkable, compact development, etc.

3) South Jordan Town Center: New city center, commercial

4) Draper Peaks: Clustered retail

5) 700 East: A case for transportation connectivity within subdivisions

6) Brookstone (6400 South 1635 East): Older PUD that is well maintained

7) 6400 South Vintage Oak Lane: Larger homes on smaller lots, preservation mature oak trees/landscaping

8) 9th and 9th in Salt Lake City: Preserving historic neighborhoods, small scale commercial development

9) The Gateway Center: Mixed Use, access to multiple modes of transportation, public spaces

10) Downtown Ogden: Downtown revitalization, mixed-use, redevelopment

11) 3500 South Bus Rapid Transit Line: Alternative transportation modes.

Thank you all for your help. I look forward to highlighting your great work.

Mailing List Powered by Dada Mail

Jay Baker

Cache Countywide Planner
179 North Main, Suite 305
Logan, UT 84321
435-755-1640

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Resolution of Squatters in foreclosed and vacant homes

2012-02-01T09:25:29Z

Thanks to everyone who responded to my email.� Attached is a sample ordinance that addresses the issue for those who might like to get something on their books.� Just as an FYI, shortly after sending out my request I got a report from the investigating officer who said that the squatter had left a note on the door saying that he was leaving and not coming back!� So while this particular case is resolved (at least temporarily), I can only assume that it will happen again at some point…

Thanks,

Aric

From: Mathew Evans [mailto:mathew.evans@parkcity.org]
Sent: Wednesday, February 01, 2012 8:46 AM
To: Aric Jensen
Cc: Kirsten Whetstone
Subject: RE: [UAPA] Squatters in foreclosed and vacant homes

Aric

I worked the last five years in California where foreclosed homes and vacant buildings became a big problem in many communities. Most cities enacted an ordinance to address this issue, it basically requires that all property owners, including banks, hire a maintenance company to secure and patrol their vacant properties. Below is an example ordinance I wrote back in 2008 for the City of Calimesa, California. It might be good model for what you are looking for. Anyway best of luck.

Mathew W. Evans, AICP

Senior Planner

Park City Municipal Corp

445 Marsac Ave – P.O. Box 1480

Park City, Utah 84060

Chapter 8.55
REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTIES

Sections:

8.55.010 Purpose and intent.

8.55.020 Definitions.

8.55.030 Recordation of transfer of loan or deed of trust – Assignment of rents.

8.55.040 Registration.

8.55.050 Maintenance requirements.

8.55.060 Security requirements.

8.55.070 Additional authority.

8.55.080 Enforcement.

8.55.090 Appeals.

8.55.010 Purpose and intent.

The city council makes the following findings in connection with the adoption of this chapter. The city council of the city of Calimesa hereby finds and declares:

A. The presence of vacant, abandoned properties can lead to neighborhood decline; and

B. The presence of vacant, abandoned properties can create an attractive public nuisance; and

C. The presence of vacant, abandoned properties can contribute to lower property values; and

D. The presence of vacant, abandoned properties can discourage potential buyers from purchasing a property adjacent to or in neighborhoods with vacant, abandoned properties; and

E. In many instances, the lenders and trustees fail to adequately maintain and secure these vacant properties; and

F. It is the intent of the city council of the city of Calimesa, in enacting this chapter, to protect the public health, safety and welfare of the city and its citizens by protecting its residential and nonresidential neighborhoods from decline and depreciation.

G. It is the purpose and intent of the city council of the city of Calimesa, through the adoption of this chapter, to establish an abandoned property registration program as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and the lack of security of abandoned properties. [Ord. 281 � 2, 2008; Code 1990 � 3.4.01.]

8.55.020 Definitions.

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

“Abandoned” means a condition in which a property is: (A) vacant; or (B) distressed.

“Accessible property” means a property that is accessible through a compromised or breached gate, fence, wall, or entrance.

“Accessible structure” means a structure or a building that is unsecured 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 property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange of said property.

“Assignment of rents” means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

“Beneficiary” means a lender party of a note secured by a deed of trust.

“Buyer” means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement for sale of said property.

“Days” means consecutive calendar days.

“Deed in lieu of foreclosure or 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.

“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. In the state of California, the term “deed of trust” is used instead of the term “mortgage.” This definition applies to any and all subsequent deeds of trust (i.e., second trust deed, third trust deed, etc.).

“Default” means the failure to fulfill a contractual obligation, monetary or conditional.

“Distressed” means a condition in which a property: (A) is in receipt of a current notice of default or notice of trustee’s sale; (B) is the subject of a pending tax assessor’s lien sale; (C) is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (D) is transferred under a deed in lieu of foreclosure or 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, conditions violating CMC 8.05.010; overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, government employees, or the like, that the property is vacant.

“Foreclosure” means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults.

“Local” means within 80 miles of the subject property.

“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 80 miles of the subject property.

“Owner” means any person or entity having a legal or equitable title or any interest in any real property.

“Owner of record” means the person currently having record title to the property at the Riverside County recorder’s office.

“Property” means any unimproved or improved residential or nonresidential real property, or portion thereof, situated in the city, and includes the buildings or structures located on the real 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 or zoned for such use.

“Securing” means such measures as may be directed by the community development director or his or her designee that render the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings.

“Trustee” means the person, firm or corporation 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 condition in which a building or structure is not legally occupied. [Ord. 281 � 2, 2008; Code 1990 � 3.4.02.]

8.55.030 Recordation of transfer of loan or deed of trust – Assignment of rents.

Within 30 days of the purchase or transfer of a loan or deed of trust secured by property located in the city of Calimesa, the new beneficiary or trustee shall record, with the Riverside County recorder’s office, an assignment of rents, or similar document, that lists the name of the corporation or individual, the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. [Ord. 281 � 2, 2008; Code 1990 � 3.4.03.]

8.55.040 Registration.

A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the city of Calimesa will perform an inspection of the property that is the security for the deed of trust, 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 or trustee shall, within 30 days of the inspection, register the property with the community development director or his or her designee on forms provided by the city.

B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and in the case of a corporation or out-of-area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the property.

C. A registration shall be valid for one year from the date the registration form is received by the city. Subsequent registrations are due annually for as long as the property is abandoned.

D. This chapter shall also apply to 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 or transferred under a deed in lieu of foreclosure or sale.

E. Properties shall be subject to this chapter’s requirements as long as such properties remain vacant.

F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, any change of information contained in the registration within 30 days of the change to the community development director. [Ord. 281 � 2, 2008; Code 1990 � 3.4.04.]

8.55.050 Maintenance requirements.

For the purpose of public safety and welfare, all properties within the city shall be subject to the following maintenance requirements:

A. Building Exterior Maintenance. Surfaces shall be maintained and painted, free of any significant cracks visible by the general public, neighbors and those passing by, missing materials and/or warping due to dry rot, pest infestation, fungus, and the like, which either threaten the structural integrity or result in a dilapidated, decayed, disfigured, or partially ruined appearance and/or a state of disrepair.

B. Paint. Painted surfaces on buildings, structures, enclosures, and walls shall be maintained to prevent decay, excessive chalking, cracking, and peeling that renders structures unsound or unsightly, or present a potential health hazard through possible lead-based paint exposure. All structures and surfaces shall also be kept free of graffiti and spray paint.

C. Stucco. Stucco shall remain in a condition that is similar to when it was first applied to the building or structure. Stucco that has faded, significantly cracked, or fallen from the wall must be replaced in a timely manner and painted to match the remaining stucco.

D. Masonry. All brick, rock, stone and tile work shall be maintained as originally installed and installed. Masonry units that have fallen into disrepair, including missing pieces, “slumping,” cracking pieces, or those areas that appear to be separating from the building or structure, shall be repaired or replaced to meet current building codes.

E. Driveways, Walkways, and Private Alleys. Driveways, walkways, private alleys and other vehicular and pedestrian access and travel areas shall be maintained free of potholes, breaks, surface lifting, weeds, overgrowth, and/or deteriorated conditions.

F. Roofing. Roof tiles shall be uniform in type and shape. Missing roof tiles shall be replaced with a similar material or tile as the missing piece(s). Roofs shall be maintained in good condition and kept free of tarps and plastic coverings with exception to temporary placement of such coverings, not to exceed 10 days, while the roof is being repaired during inclement weather or the rainy season. Excluded from the time limitation requirement are new homes or home additions that are in the allowed construction phase.

G. Landscaping. The front yards of all residential properties shall conform to the landscape standards in Chapter 18.70 CMC. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular mowing and trimming. All irrigation systems shall be kept operable, including adjustments and replacements, in a manner that does not allow water to spray off of the property. All landscaped areas shall be kept free of weeds and waste material. All vacant lots shall be kept free of any visible weeds, debris, any accumulation of tree limbs, twigs, yard waste, grass clippings, building materials, abandoned or intentionally placed vehicles and trailers, abandoned structures, and similar items.

H. Swimming Pools. Swimming pools that are located on a foreclosed or abandoned property must be fenced behind a locked gate at all times. The preferred treatment of swimming pools on abandoned property is that they be drained, and any remaining debris removed. In any case, all swimming pools shall either be professionally maintained, or maintained in a manner that keeps the pool free of waterborne insects, algae, leaves and other debris. Swimming pools that are not kept up as defined above shall be drained.

I. Walls and Fences. Walls and fences shall be kept free of significant surface cracks, dry rot, warping, deterioration, leaning, or missing panels or blocks, or an inadequate footing which threatens structural integrity or results in a dilapidated, decaying, disfigured, or partially ruined appearance.

J. Trash Bins and Dumpsters. Trash bins shall be screened from public view, and dumpsters shall be temporary for the immediate disposal of waste and materials. No overflow of waste material shall be permitted. Enclosure areas shall be maintained in a clean and sanitary condition. Single-family homes shall keep and maintain trash collection bins out of the front yard setback, and may be placed within the side yard setback, screened from view of the public right-of-way, or within an enclosed structure. Trash collection bins may be placed on the street 24 hours prior to the scheduled collection time, and shall be removed from the street within the same time period after the collection.

K. Windows, Window Screens and Lights. All broken windows must be replaced with glass to match the shape of the window opening. Windows that are visible from a public street shall not be covered with boards, or painted over to obscure view. Window covering and screening that is visible from a public street shall be kept in good working order.

L. Lights. Refer to CMC 18.120.110(D)(9), Vacant and Abandoned Properties.

M. Permitted Outdoor Storage and Equipment Areas. Where permitted, storage items shall be screened from public view and maintained in a neat and orderly condition. With exception to temporary storage of building materials on a construction site, the use of tarps or plastic is prohibited for the use of storage. The use of canopy enclosures, including tents, for permanent storage shall also be prohibited.

N. Unauthorized Structures. Unauthorized structures include any structure that has been erected without a building permit, storage containers (roll-away or otherwise), and trailers for the use of long-term storage. These unauthorized structures shall be prohibited for the use of long-term storage or shelter. Storage containers may be approved on a temporary basis for the loading or unloading of furniture, construction equipment, landscaping materials, or similar. Such structures shall not remain on site for more than 30 days total, and no longer than 15 consecutive days. The purpose is to allow a reasonable loading and unloading time period.

O. Vacant Properties. Vacant properties and vacant land shall be maintained in a manner that is conducive to fire prevention, including the removal of weeds, debris, combustible materials, yard waste, diseased shrubs and trees. [Ord. 294 � 4, 2009; Ord. 281 � 2, 2008; Code 1990 � 3.4.05.]

8.55.060 Security requirements.

A. All properties within the city shall be maintained and secured in such a manner so as not to be accessible to unauthorized persons. Sufficient security includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that it may allow a child to access the interior of the property, its buildings or its structures, and when necessary, the replacement or reglazing of windows.

B. If the property is owned by a corporation or out-of-area beneficiary, trustee or owner, such out-of-area beneficiary, trustee or owner shall hire a local property management company to manage the property.

C. The property shall include a posting with the name and 24-hour contact phone number of the local property management company in a manner sufficient to allow an individual to contact and notify the local property management company of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street. [Ord. 281 � 2, 2008; Code 1990 � 3.4.06.]

8.55.070 Additional authority.

In addition to the enforcement remedies established in Chapters 1.20, 8.05 and 8.10 CMC, the community development director or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to implement additional maintenance or security measures, including, but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the property. [Ord. 281 � 2, 2008; Code 1990 � 3.4.07.]

8.55.080 Enforcement.

A. The city manager or his or her designee, including but not limited to peace officers, code enforcement officers, or other enforcement officials, shall have the authority to enforce the provisions of this chapter.

B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 CMC.

C. Any person who violates any provision of this chapter shall be subject to the enforcement remedies of Chapters 1.20 and 8.05 CMC.

D. Nothing in this chapter shall be intended to limit any of the civil or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. [Ord. 281 � 2, 2008; Code 1990 � 3.4.08.]

8.55.090 Appeals.

Any person aggrieved by any of the requirements of this chapter may appeal such decision to the planning commission and then to the city council pursuant to the procedures provided in CMC 18.15.080. [Ord. 281 � 2, 2008; Code 1990 � 3.4.09.]

From: Kirsten Whetstone
Sent: Tuesday, January 31, 2012 5:56 PM
To: Planning_Mail
Subject: FW: [UAPA] Squatters in foreclosed and vacant homes

Anyone?

From: Aric Jensen [mailto: ]
Sent: Tuesday, January 31, 2012 2:53 PM
To: Kirsten Whetstone
Subject: [UAPA] Squatters in foreclosed and vacant homes

Good afternoon everyone, I’m looking for advice on how to deal with squatters occupying vacant/foreclosed homes. In the most current situation, we have a bank-owned home that is in the foreclosure “process”, but has been unoccupied for about a year. The person occupying the home is a former tenant who doesn’t pay rent, doesn’t have utilities, and whose lease is long expired. Does this sound familiar to anyone? If so, how did you address it?

Thanks,

Aric

Aric Jensen

Director of Planning and Economic Development

Bountiful City

790 S. 100 East

Bountiful, Utah 84010

Off: 801.298.6190

Fax: 801.298.6033

ajensen@bountifulutah.gov

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Squatters in foreclosed and vacant homes

2012-01-31T14:55:03Z

Thanks,

Aric

Aric Jensen

Director of Planning and Economic Development

Bountiful City

790 S. 100 East

Bountiful, Utah 84010

Off: 801.298.6190

Fax: 801.298.6033

ajensen@bountifulutah.gov

Subscribe to utahapa via email by entering your email address below:

Today: 10.11.12 Lecture Series - Brenda Scheer

2012-01-19T14:10:05Z

If you're having trouble viewing this email, you may see it online.

utahapa

FW: Utah Governor's Energy Development Summit - Final Agenda andSpeakers Posted

TODAY: Stephen Goldsmith, 10.11.12 Lecture Series

small-breed goats & animal regs

Call for Best Practices Examples

Resolution of Squatters in foreclosed and vacant homes

Chapter 8.55
REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTIES

8.55.010 Purpose and intent.

8.55.020 Definitions.

8.55.030 Recordation of transfer of loan or deed of trust – Assignment of rents.

8.55.040 Registration.

8.55.050 Maintenance requirements.

8.55.060 Security requirements.

8.55.070 Additional authority.

8.55.080 Enforcement.

8.55.090 Appeals.

Planning Software

Squatters in foreclosed and vacant homes

High Country News Billboard Article

iPads for Council Packets

Delay agreements or other mechanisms

Today: 10.11.12 Lecture Series - Brenda Scheer

utahapa

FW: Utah Governor's Energy Development Summit - Final Agenda andSpeakers Posted

TODAY: Stephen Goldsmith, 10.11.12 Lecture Series

small-breed goats & animal regs

Call for Best Practices Examples

Resolution of Squatters in foreclosed and vacant homes

Chapter 8.55REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTIES

8.55.010 Purpose and intent.

8.55.020 Definitions.

8.55.030 Recordation of transfer of loan or deed of trust – Assignment of rents.

8.55.040 Registration.

8.55.050 Maintenance requirements.

8.55.060 Security requirements.

8.55.070 Additional authority.

8.55.080 Enforcement.

8.55.090 Appeals.

Planning Software

Squatters in foreclosed and vacant homes

High Country News Billboard Article

iPads for Council Packets

Delay agreements or other mechanisms

Today: 10.11.12 Lecture Series - Brenda Scheer

Chapter 8.55
REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTIES