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This ordinance shall not be construed as barring any religious or denominational institution or organization, or any charitable or educational organization which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination, or from making selections for the purpose of promoting the religious principles for which it is established or maintained.
(Ord. 2008, passed 10-30-1967)
The provisions of this ordinance shall not apply to the owner of a dwelling house, apartment building, or multiple housing facility of any sort in which said owner or members of his immediate family resides, who rents or leases five or less housing units in said dwelling house, apartment building or multiple housing facility.
(Ord. 2008, passed 10-30-1967)
Nothing in this ordinance shall be construed as prohibiting any person, firm or corporation from imposing any and all conditions and requirements relative to any of the transactions hereinabove described; provided such conditions do not concern race, color, religion, national origin or ancestry; and provided, such conditions are imposed uniformly, regardless of race, color, religion, national origin or ancestry. Nothing in this ordinance shall be construed as requiring an owner, lessee or sublessee of real property, or any person, firm or corporation concerned in real estate transactions from exercising absolute discretion in establishing the terms and conditions of the sale, exchange, lease or rental of real property or in any transactions involving real property, provided such terms and conditions do not concern race, color, religion, national origin or ancestry. Nothing in this ordinance shall be construed as requiring an owner, lessee or sublessee of real property, to offer said property to the public at large before selling or renting same.
(Ord. 2008, passed 10-30-1967)
ARTICLE III. RESIDENTIAL ABANDONED PROPERTY PROGRAM
The purpose of this section is to establish an abandoned residential property registration program and to regulate the maintenance of abandoned residential properties by parties asserting a collateral or other legal or equitable interest in the property. This section is intended to reduce and prevent neighborhood blight, to ameliorate conditions that threaten the health, safety and welfare of the public, to promote neighborhood stability and residential owner occupancy by preserving the condition and appearance of residential properties, and to maintain residential property values and assessments. Nothing in this section shall be construed as waiving, relieving or otherwise excusing an owner of residential property from compliance with all applicable building codes and ordinances and the owner or owners shall at all times remain responsible and liable therefor.
(Ord. 3756, passed 7-13-2009)
In this section:
ABANDONED PROPERTY or ABANDONED PREMISES. A property that is vacant as the result of the relinquishment of possession or control by a mortgager or the mortgager’s assigns whether or not the mortgager or mortgager’s assigns have relinquished equity and title. Property may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices, accumulation of junk, litter, trash or debris, absence of window treatments such as blinds, curtains or shutters, absence of furnishings and personal items, and statements by neighbors, delivery agents or similarly situated persons that the property is vacant.
ACCESSIBLE STRUCTURE. A building that is accessible through a compromised door, wall, window or similar structure and which is unsecured in a manner that allows access to interior space by unauthorized persons.
AGENT. A person, firm or other entity that, by agreement for payment of services, is responsible to a bank, lender, other financial institution or individual, for securing, maintaining, foreclosing upon or selling any residential property as the result of loan default or mortgage foreclosure proceedings. In this section, AGENT does not include a servicing company. Except, however, an attorney shall not be deemed to be an AGENT if that attorney is retained solely to represent a bank, lender or other financial institution in connection with a foreclosure proceeding in a Court of competent jurisdiction.
FINANCIAL INSTITUTION. Any individual, firm, corporation or entity other than a lender or duly constituted bank that asserts a collateral interest in residential real property as the result of an assignment, sale or transfer of a mortgage or similar instrument.
FORECLOSURE. Judicial and non-judicial foreclosure.
MORTGAGE. A written instrument creating a lien on real property whereby the mortgager retains the interest that the mortgager had at the time of mortgage until that interest is divested by some later act.
OCCUPIED PROPERTY or OCCUPIED PREMISES. A premises on which any person over one year of age, including an owner or operator, lives, sleeps, cooks or otherwise maintains actual possession.
SERVICING COMPANY. An individual, firm or entity that, as a regular part of its business, provides services to the owner or holder of one or more mortgage liens which services may include collection of payments, creation and administration of escrow and insurance accounts, assessment of late-payment charges, managing loss mitigation, and securing and managing foreclosed properties on behalf of the holder of a mortgage lien or the holder’s attorney or agent.
VACANT PREMISES. A building that is not lawfully occupied.
(Ord. 3756, passed 7-13-2009)
(a) Initial inspection. Whenever a bank, lender or other financial institution shall directly, or through an agent or servicing company, initiate foreclosure proceedings upon residential real property, the bank, lender or other financial institution, either directly or through its agent or servicing company, shall cause a physical inspection to be made of the property not later than thirty (30) days from the date of notice and in no event later than thirty (30) days after the filing of foreclosure proceedings. One or more photographs shall be taken of the residential property accurately portraying the condition of the exterior premises. Photographs shall be dated and preserved.
(b) Periodic inspections. Any bank, lender or financial institution, or its agent or servicing company, shall perform a re-inspection of a residential premises subject to foreclosure proceedings at least once every thirty (30) days following the initial inspection until such time as the property is no longer in default as a result of agreement with the owner, or is sold at a sheriff’s sale or is otherwise lawfully conveyed to a new owner. One or more photographs shall be taken at each re-inspection and shall be dated and preserved in the same manner as is required upon initial inspection.
(Ord. 3756, passed 7-13-2009)
(a) If, upon inspection of residential property required by § 24-110, it should be determined that the property is abandoned, the bank, lender, other financial institution or its responsible agent or servicing company shall register the property in the name of the lien holder with the appropriate City official (“appropriate official”) on a form prescribed by the appropriate official that includes, but is not limited to, information identifying the location of the property, the last known owner or owners of the property, the date foreclosure proceedings were commenced and the docket number of the foreclosure action, a description of the external condition of the property and whether there is an accessible structure on the property. Registration information shall identify the agent or servicing company, if any, that is authorized by the lien holder to enter upon the property and to conduct repairs or maintenance as required in § 24-112(a).
(b) Registration of abandoned property shall be made within five (5) working days of inspection. The fee for registration of abandoned residential property shall be the same fee charged for rental registration.
(c) The registration will be dissolved and considered void upon receipt by the appropriate official of written evidence of a sale in foreclosure, redemption of the property by the lien holder or other transfer of the lien holder’s interest.
(Ord. 3756, passed 7-13-2009)
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