(a) Definitions.
(1) “Person” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, trust, or association.
(2) “Vacant” means that no person actually resides in any part of the building or that no person conducts a lawful business in any part of the building.
(b) Notice to City of Foreclosure Filing. Any person who files a complaint for foreclosure involving real property located within the City of Chillicothe shall file an affidavit of facts relating to the foreclosure with the Ross County Recorder within ten days of filing the complaint. A copy of the affidavit shall be filed with the City Engineering Department within twenty days of its recording, bearing the volume and page number as assigned by the Recorder. The copy shall be in written form, or other form as prescribed by the City Engineer. The affidavit shall contain the following information:
(1) The property address and parcel number;
(2) The current owner of the property as reflected in the records of the Ross County Recorder and the volume and page number of the underlying deed;
(3) The name and address of the person or agency filing the foreclosure action;
(4) The date the foreclosure complaint was filed and case number assigned by the court; and
(5) The name, address and telephone number of the person or agency responsible for maintaining the property if the property is vacant or becomes vacant at anytime during the foreclosure action.
(c) Requirement to Keep Information Current. Any person who files an affidavit of facts pursuant to this section shall file a new affidavit with the Ross County Recorder if, at any time, the information contained in the affidavit of facts set forth in subsection (b) hereof is no longer current. A new affidavit shall be filed within ten days of any change in information contained in any affidavit required by this section, and shall state the applicable new information and the volume and page number of the previous affidavit as assigned by the Recorder. A copy of the new affidavit shall be filed with the City Engineering Department within twenty days of its recording, bearing the volume and page number as assigned by the Recorder. The copy shall be in written form, or other form as prescribed by the City Engineer.
(d) Penalties.
(1) No person shall fail to file a copy of the affidavit of facts relating to the foreclosure involving real property with the Engineering Department within twenty days after filing an affidavit with the Ross County Recorder. Whoever violates this section is guilty of failure to file a notice of foreclosure, a misdemeanor of the fourth degree.
(2) No person shall fail to file a new affidavit of facts involving real property with the Engineering Department within twenty days of any change thereto. Whoever violates this section is guilty of failure to maintain notice of a foreclosure, a misdemeanor of the fourth degree.
(Ord. 141-06. Passed 12-11-06.)