Section
95.01 Purpose, policy and definitions
95.02 Registration, security and maintenance obligation
95.03 Registration requirement; information required; change in ownership
95.04 Maintenance obligations
95.05 Security obligations
95.06 Inspection requirement
95.07 City authorized to act; enhanced penalty
95.08 Appeals
(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)
All owners of abandoned residential property and vacant foreclosed residential property are obligated to maintain their property so that it does not constitute a nuisance or have any nuisance conditions and to continuously comply with the registration, security, maintenance and inspection requirements imposed by this chapter.
(Ord. 2014-10-01, passed 11-11-2014)
(A) Residential property shall be registered by the owner(s) thereof with the recorder in the event:
(1) Of an anticipated judicial foreclosure of the property, no earlier than the commencement of any of the actions described by O.R.S. 18.904, 18.906, 18.908 and not later than the date first set for the execution sale described in O.R.S. 18.930.
(2) Of an anticipated nonjudicial foreclosure of the property done pursuant to O.R.S. 86.740 to 86.755 not later than the date of service or mailing of the notice of sale described in O.R.S. 86.740; or
(3) An owner receives written notice from the Manager that the Manager believes the residential property is vacant.
(B) Each registration shall be on a form approved by the recorder and contain at least the following information:
(1) The name of the trustee or mortgagee;
(2) The name of the beneficiary (if different) under the trust deed;
(3) The street/office mailing address(es) of the trustee/mortgagee and, if there is one, the beneficiary under the trust deed;
(C) Each registration shall be accompanied by payment of a registration fee in an amount as set by Council resolution.
(D) The City Recorder shall maintain a current list of registered residential properties within the city limits.
(E) In the event ownership of a registered residential property changes, the owner shall send notice of the ownership change to the City Recorder not later than 30 days after the change.
(Ord. 2014-10-01, passed 11-11-2014)
(A) The owner of residential property determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause the property to be maintained in a generally kempt condition similar to that found on surrounding occupied residential property, free of uncut or rampant weeds, dead vegetation, graffiti, vehicles, tires, junk, trash, accumulated newspapers, discarded personal items and other items or conditions that give the appearance the property is vacant or abandoned.
(B) In the event there are outdoor pools or spas at an abandoned residential property or vacant residential property, the owner shall keep them in working order or drain them and keep them dry so that mosquitos cannot breed.
(Ord. 2014-10-01, passed 11-11-2014)
(A) The owner of residential property determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause the property to be secured (including closure and locking of windows, doors, gates and other opening that could allow access to the dwelling) and thereafter maintain the property and dwelling so that it cannot be accessed by unauthorized people.
(B) Residential property subject to division (A) of this section shall be continuously posted with a notice (printed and legible with a font size no less than 12 point) listing the name and contact information of the local individual or entity identified in the city’s registration form along with the following statements completed with the appropriate identification and information:
“THIS PROPERTY MANAGED BY .”
“TO REPORT PROBLEMS OR CONCERNS CALL .”
The posting shall be placed either on the interior of the dwelling or secured to the exterior of the dwelling. Exterior posting must be constructed of and printed on weather resistant materials.
(Ord. 2014-10-01, passed 11-11-2014)
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