A. Any mortgagee who holds a mortgage on real property located within the City shall perform an inspection of the property to determine vacancy or occupancy, upon default by the mortgagor. The mortgagee shall, within ten (10) days of the inspection, register the property with the City, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
B. Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, telephone number, and e-mail address for the mortgagee/trustee, and the servicer, and the name and twenty four (24) hour contact phone number of the local property management company responsible for the security and maintenance of the property who has the authority to make decisions concerning the abatement of nuisance conditions at the property, as well as any expenditure in connection therewith.
C. Mortgagees who have existing registrable property on the effective date of this chapter have thirty (30) calendar days from the effective date to register the property with the City, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is vacant or occupied.
D. If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this chapter and within five (5) days of the transfer register the property and pay a registration fee in accordance with this chapter. Any previous unpaid semi-annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration.
E. If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this chapter and within five (5) days of the transfer register the property and pay a registration fee in accordance with this chapter. Any previous unpaid semi-annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration.
F. As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration.
G. A non-refundable six-month registration fee established by resolution by the City Council, shall accompany each registration pursuant to this section.
H. All registration fees must be paid directly from the mortgagee, trustee, servicer, or owner. Third party registration fees are not allowed without the consent of the City and/or its authorized designee.
I. Properties subject to this section shall remain under the semi-annual registration requirement, and the inspection, security and maintenance standards of this chapter as long as they are registrable.
J. Until the mortgage or lien on the property in question is satisfied, or legally discharged, the desire to no longer pursue foreclosure, the filing of a dismissal of lis pendens and/or summary of final judgment and/or certificate of title, voluntary or otherwise, does not exempt any mortgagee holding the defaulted mortgage, from all the requirements of this chapter as long as the borrower is in default.
K. Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change.
L. Failure of the mortgagee to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this section is a violation of this chapter and shall be subject to enforcement and any resulting monetary penalties.
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the City may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance. (Ord. 0-17-24, 10-9-2017)