(a) Any mortgagee who holds a mortgage on real property located within the town shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor or prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten days of the inspection, register the property with the Town Manager, or the Town Manager’s designee, on forms provided by the town. Even though the real property may not be vacant, if the mortgage on the property is in default, not later than ten days after the date that a default is declared by the mortgagee of the mortgage on a particular parcel of real property, the mortgagee shall register the property with the Town Manager, or the Town Manger’s designee, on forms provided by the town.
(b) If the property is occupied but remains in default, it shall be inspected by the mortgagee or the mortgagee’s designee monthly until the mortgagor or other party remedies the default.
(c) Within ten days of the date that the mortgagee declares its mortgage on a particular parcel of real property to be in default, the mortgagee shall register the real property with the town and at the time of registration shall designate in writing to the town a local (located within Brevard County) property manager to inspect, maintain and secure the real property subject to the mortgage in default.
(d) Registration. Registration pursuant to this section shall contain the name of the mortgagee; the direct mailing address of the mortgagee, e-mail address, and telephone number; the name of the local contact person and the contact person’s address, e-mail, and telephone number. The local property manager shall be responsible for the inspection, security and maintenance of the property. The local contact person named in the registration shall be located within Brevard County and available in Brevard County Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted, to be contacted by the town. The town is prohibited from charging for any registration or a modification of registration.
(e) This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
(f) Properties subject to this section shall remain under the annual registration requirement, inspection, security, and maintenance standards of this section as long as they remain vacant or subject to having been declared by a mortgagee to be in default.
(g) Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within ten days of the change.
(h) Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this article is a violation of the Town Code and may result in a citation by the town’s code compliance division. Pursuant to a finding and determination by the town’s Code Enforcement special magistrate, the town may take the necessary action to ensure compliance with this section.
(Ord. 2009-01, adopted 2-18-09; Am. Ord. 2020-05, adopted 10-21-20)