(a) Registration of Foreclosure Proceeding Affecting Residential Properties. Within ten (10) days of the filing of a complaint in a court seeking to foreclose upon a mortgage or similar instrument on a residential property, the entity which filed the foreclosure action must: (1) register the property with the City as described herein, and (2) submit to the City the Registration Form described herein, and (3) pay the fees described herein.
(b) Registration Forms. The City will make available the Registration Forms used to register a property in foreclosure. The party which has commenced the residential foreclosure action must fully complete the City's Registration Form, sign the Registration Form and submit the completed form to the City's Building Department. The City's Registration Form shall, at a minimum, require the party which has commenced the foreclosure action to provide the following information: (1) a statement whether, after due inquiry, the party commencing the foreclosure action believes the property is or is not occupied; (2) the property address; (3) the owner's name; (4) the mailing address and telephone number of the owner of the property; and (5) the name, mailing address, and telephone number and email address of a representative of the entity which has filed the foreclosure action who will be available to address security and maintenance issues regarding the property. Mailing addresses may not be a post office box.
(c) Designation of Local Agent. If the Registration Form submitted by the entity which has commenced the foreclosure action states that the property is not occupied, then the entity must designate on the Registration Form, and thereafter continuously employ, a local individual or local property management company as the entity's agent responsible for the security and maintenance of the property during the foreclosure proceedings. In such case, the Registration Form shall include the local agent's name, mailing address, telephone number and email address. The local agent must answer the telephone number given to the City twenty-four (24) hours a day. Mailing addresses may not be a post office box.
(d) Registration Fee. Foreclosure registrations are valid for one (1) calendar year. An annual registration fee of two hundred dollars ($200.00) shall accompany each registration form. Subsequent annual registrations and fees are due within thirty (30) days of the expiration of the previous registration.
(e) Termination of Registration. Once the property is no longer in foreclosure, or is sold to a person or entity other than the mortgagee, the mortgagee must provide proof of sale or written notice of termination of the foreclosure proceedings to the City. Confirmations of sale must be immediately recorded by the entity which has obtained the said confirmation of sale.
(f) Duty to Provide Updated Information. The entity that has registered a property under this section must report any change of information contained on the Registration Form within ten (10) days of the change. If the Registration Form submitted by the entity stated that the foreclosed property was occupied, the entity must report by telephone to the City's Residential Chief Building Official any knowledge the entity may later acquire showing that the property is no longer occupied. Such telephone report shall be made within seventy-two (72) hours of the entity acquiring any knowledge that the property is no longer occupied.
(g) Duty to Inspect Occupied Properties. The entity which commenced the foreclosure action shall be required to inspect those exterior portions of occupied properties which can be observed from the street. Said exterior inspections shall be performed once every thirty (30) days, and the entity shall thereafter submit to the City a completed inspection report describing any safety, security or maintenance issues that were observed by the person performing the inspection of the property.
(h) Inspection of Unoccupied Properties. The City shall inspect the interior and exterior of any unoccupied residential property that is the subject of a foreclosure proceeding, and shall make a report concerning its inspection findings. In addition to the registration fee described in Section 1504.07(d), the City shall charge the entity which commenced the foreclosure action an additional fee of one hundred dollars ($100.00) for the inspection of unoccupied residential properties. The entity which has filed the foreclosure action shall be responsible for maintaining the interior and exterior of any unoccupied property in accordance with all applicable City ordinances. Electrical service to the property shall be maintained at all times. The entity which has filed the foreclosure action shall continuously employ a local agent to perform monthly inspections on the property to verify compliance with the requirements of this section, and any other applicable laws, for the duration of the foreclosure proceedings.
(i) Security of Unoccupied Properties. The entity which has filed the foreclosure action is responsible for maintaining any unoccupied property in foreclosure in a secure manner so as not to be accessible to unauthorized persons. A “secure manner” shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child or unauthorized adult to access the interior of the property and/or structure. Broken windows shall be secured by reglazing or replacing of the window. Any excavations, swimming pools or other attractive nuisances must be filled in with dirt or otherwise be made safe. Appropriate security lighting shall be maintained on the property. Any unoccupied property shall be posted with the name and twenty- four (24)-hour contact telephone number of the local agent. The posting shall be clearly visible from the street, and shall prominently display the name and twenty- four (24)-hour telephone number of the local agent.
(j) Penalties. Whoever violates any of the provisions of this Chapter or any rule or regulation promulgated under authority of this Chapter, or fails to comply with any written notice or written order issued by the City under this section, shall be subject to the imposition of Administrative Penalties and/or Criminal Penalties as provided in Chapter 1520 of this code. Each day such violation occurs or continues to occur shall constitute a separate offense. The imposition of a criminal penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent or restrain violations of this section, or to restrain, correct or abate a violation, or to require compliance with the provisions of this section, or other applicable laws, ordinances, rules or regulation, or the orders or determinations of the Residential Chief Building Official.
(Ord. 2014-075. Passed 10-6-14; Ord. 2016- 011. Passed 3-7-16
; Ord. 2021-037. Passed 9-7-21.)