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§ 157.01 PURPOSE.
   It is the purpose and intent of this chapter to establish vacant property registration requirements as a mechanism to protect neighborhoods, preserve real property, prevent or lower maintenance costs and minimize hazards to persons and property located within the city as a result of such vacancy.
(Ord. 2016-7, passed 7-5-16; Am. Ord. 2017-2, passed 3-7-17)
§ 157.02 DEFINITIONS.
   As used herein, the following terms shall be defined, as follows:
   “ACTIVELY REHABBING.” Actively making repairs, alterations, additions, or other improvements to a vacant property. Failure to conduct construction work on such a property for more than seven consecutive days will be prima facie evidence the property is not being actively rehabbed. Failure to obtain all permits and license fees required by the Campbell County Planning and Zoning Department, including building and zoning permits, and the City of Dayton, including occupational license fees for contractors working on the property, will be prima facie evidence that the property is not being actively rehabbed.
   “CREDITOR.” Any person or any federal or state chartered bank, savings bank, savings and loan association, credit union or any other financial institution or entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers.
   “PUBLICLY ADVERTISED.” Property listed for sale or rental by a real estate agent hired by the property owner, placed by the property owner on the MLS Multiple Listing Service, Zillow, or other similar online service, or advertised by the property owner through signage on the property and/or in media publications or online platforms.
   “VACANT.” Any real property having no legal resident or tenant. Evidence of vacancy may include any condition that, on its own or combined with other present conditions, would lead a reasonable person to believe that the property is uninhabited. Such conditions may
    REAL PROPERTY
include, but are not limited to, overgrown or dead vegetation; accumulation of flyers, mail or trash; rodent infestation; disconnected utilities; the absence of window coverings or furniture; broken and/or boarded up windows and entryways; neglect or lack of general maintenance; and, statements of neighbors, delivery persons or government employees as to the lack of occupancy. The abandonment or voluntary “walk away” by the owner of any property in which any creditor holds a mortgage interest shall be considered as evidence of vacancy.
   “VACANT PROPERTY REGISTRATION FORM.” A form that creditors and owners of vacant property subject to the requirements of this chapter must complete and submit as specified herein.
   “VACANT, FORECLOSED PROPERTY.” A vacant property upon which a creditor has filed an action in foreclosure in Circuit Court in order to recover monies pursuant to a mortgage which is secured by real property.
(Ord. 2016-7, passed 7-5-16; Am. Ord. 2017-2, passed 3-7-17; Am. Ord. 2021-14, passed 9-7-21)
§ 157.03 REGISTRATION.
   (A)   Within ten (10) business days of a creditor filing a foreclosure action on real property that is vacant at the time of filing or within ten (10) days of the real property becoming vacant after the filing, the creditor shall complete and submit a vacant property registration form to the City Code Enforcement Director or his or her designee.
   (B)   For all other vacant real property, no later than sixty (60) days after this property becomes vacant, the owner of this property shall complete and submit a vacant property registration form to the City Code Enforcement Director or his or her designee. If the property owner is actively rehabbing the property or has publicly advertised it for sale or rental, the property owner may request, in writing, that the city grant an additional sixty (60) day extension to this registration requirement.
   (C)   Registration of any vacant real property under this provision shall include the address of the real property, the name and address of the owner of the real property, the name and address of the creditor who has instituted a foreclosure action or the creditor’s authorized agent located within the Commonwealth of Kentucky for acceptance any notice required herein, if applicable.
   (D)   The creditor of vacant, foreclosed real property or owner of any vacant real property shall notify the City Code Enforcement Director or his or her designee within ten (10) business days of any change of information on the vacant property registration form. The vacant property registration form shall be maintained with accurate information until the creditor or owner notifies the City Code Enforcement Director or his or her designee in writing that the property has sold at a judicial sale, reoccupied or transferred to an unaffiliated third party. The name and address of the new owner or individuals occupying the property shall be provided in writing to the City Code Enforcement Director or his or her designee.
(Ord. 2016-7, passed 7-5-16; Am. Ord. 2017-2, passed 3-7-17; Am. Ord. 2021-14, passed 9-7-21)
§ 157.04 REGISTRATION FEES.
   (A)   The creditor of vacant, foreclosed property or the owner of vacant real property shall pay an initial registration fee of five hundred dollars ($500) and if the property remains vacant for more than six (6) months thereafter, then the property owner shall pay a second $500 registration fee, and for each year after payment of the initial registration fee, the creditor or property owner shall pay one thousand dollars ($1,000) annual registration fee until such time that the foreclosure action is dismissed, the property is sold at a judicial sale, the property is reoccupied or until the property is transferred to an unaffiliated third party.
   (B)   If registering property under § 157.03(B), the same fee schedule set forth in § 157.04(A) shall apply; however, payment of the initial registration fee maybe deferred by the property owner for ninety (90) days from the date of registration if the real property is publicly advertised for sale or rental by the owner or the property owner is actively rehabbing the property for occupancy or resale. The city may grant a second deferment from paying the registration fee for a period of another ninety (90) days upon written request from the property owner to the City Code Enforcement Director or his or her designee, but only if the real property is still publicly advertised for sale or rental by the property owner or still undergoing rehab for occupancy or resale and the property owner provides proof that a reasonable effort is being made to sell or rehab the real property.
(Am. Ord. 2017-2, passed 3-7-17; Am. Ord. 2018-7, passed 7-17-18; Am. Ord. 2021-14, passed 9-7-21)
§ 157.99 PENALTY.
   (A)   Any creditor of vacant, foreclosed real property or owner of vacant real property that fails to register such property with the City Clerk/Treasurer shall be subject to a civil fine of one hundred dollars ($100.00). Payment of this fine shall count as a credit or set off to any unpaid or outstanding registration fee required herein.
   (B)   Failure to maintain accurate information once having registered the property shall constitute a violation and shall be subject to a civil fine in accordance with the City's Civil Fine Schedule.
(Ord. 2016-7, passed 7-5-16; Am. Ord. 2017-2, passed 3-7-17; Am. Ord. 2021-2, passed 2-2-21)