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(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)
(A) In the event the Manager believes an owner has failed to meet the registration, maintenance, security or inspection obligations of this chapter, the Manager shall send notice of that failure to the owner at the address listed on the tax rolls of the county maintained consistent with O.R.S. 311.560 or at such other address as may be known to the Manager. The notice shall set out the nature of the failure(s) to be corrected and shall give the owner not less than 14 working days from the date of the notice to correct them. In the event the owner fails to remedy the deficiencies within the time stated in the notice (or make, in the view of the Manager, adequate arrangements otherwise) the city is hereby authorized to enter the property and cause the failures to be corrected, charging the costs thereof to the property owner and recording those charges as a lien against the property.
(B) In addition to the foregoing, the city may enforce the terms of this chapter as provided in Chapter 37 of this Code (Civil Enforcement) or in state law.
(C) If the Manager believes an owner’s failure to comply with the requirements of this chapter is willful or purposeful, the Manager may seek and obtain an enhanced penalty of up to $1,000 per day in addition to the general penalty provided in § 37.08 of this Code.
(Ord. 2014-10-01, passed 11-11-2014)
(A) In the event an owner is notified that residential property under that person’s ownership is subject to the terms of this chapter but believes the property should not be, that person may appeal the Manager’s determination of ownership and responsibility.
(B) Any appeal by an owner shall be:
(1) In writing;
(2) Received by the Manager within 10 working days of the date the owner was notified that their residential property was subject to this chapter; and
(3) Setting out in summary form the basis for their belief that their residential property should not be subject to this chapter.
(C) Upon receipt of an appeal, the Manager shall review the matter and provide the owner an opportunity to give additional information if the Manager believes that additional information could better inform the decision on whether to affirm, deny or modify the notification. After the owner has been given the opportunity to provide additional information, the Manager shall within 10 days of the receipt of that information affirm, deny or modify the notification as to the applicability of this chapter to the residential property in writing. The Manager’s decision is final subject only to judicial review pursuant to O.R.S. 34.010 et seq.
(Ord. 2014-10-01, passed 11-11-2014)