(A) This chapter is adopted to implement the authority set forth in O.R.S. 18.995 and is intended to operate in concert with the city’s nuisance regulations in Chapter 90 of this Code and the city’s Civil enforcement procedures in Chapter 37 of this Code.
(B) It is the stated purpose and objective of the Banks City Council that property owners shall maintain their properties in a reasonably neat condition, including absentee property owners that are holding residential property subject to a foreclosure action.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED RESIDENTIAL PROPERTY.
(a) Residential property that is both vacant and subject to either a pending judicial execution sale under O.R.S. 18.901 et seq., or to nonjudicial foreclosure pursuant to O.R.S. 86.740 to 86.755; or
(b) Residential property that is both vacant and was the subject of either a judicial execution sale under O.R.S. 18.901 et seq., or nonjudicial foreclosure pursuant to O.R.S. 86.740 to 86.755 where legal title is retained by the beneficiary(ies) of a foreclosed trust deed or was otherwise transferred to beneficiary(ies) pursuant to a deed in lieu of foreclosure.
FORECLOSED RESIDENTIAL PROPERTY. Residential property that an owner obtains as a result of:
(a) Foreclosing a trust deed on the residential property;
(b) Obtaining a judgment foreclosing a lien on the residential property; or
(c) Purchasing the residential property at a trustee’s sale or a sheriff’s sale.
LOCAL. Within 30 miles of residential property as measured along streets or roads.
MANAGER. The Banks City Manager or the Manager’s authorized designee.
OWNER. Any natural person, partnership, association, corporation or other entity identified as having or claiming a lien or secured interest either as a mortgagee under a mortgage or as a trustee or beneficiary under a trust deed in abandoned residential property or vacant foreclosed residential property.
RESIDENTIAL PROPERTY. Property as defined in O.R.S. 18.901.
VACANT. Any condition indicative of residential property being uninhabited, unused, unmaintained or abandoned including any of the following:
(a) Visibly overgrown and/or dead vegetation at the property;
(b) Accumulation of newspapers, circulars, flyers and/or mail;
(c) Visible accumulation of trash, junk and/or debris;
(d) Absence of typical household furnishing consistent with active residential habitation; or
(e) Statements by neighbors, delivery agents, government employees that the property is uninhabited.
(Ord. 2014-10-01, passed 11-11-2014)