(a) A mortgagee’s obligation under this chapter regarding inspection and maintenance of a specified property may be waived by the city if the mortgagee demonstrates to the satisfaction of the city that the circumstances set forth below exist:
(1) The mortgage documents either expressly prohibit the mortgagee and its agents from entering the property for purposes required herein or do not authorize entry in order to protect the mortgagee’s interests in the property; and
(2) There is a reasonable possibility, based on articulable evidence, that:
a. The obligor under the mortgage or an authorized occupant of the premises will report the entry as a trespass; or
b. The obligor under the mortgage will assert against the mortgagee, whether in a foreclosure proceeding or otherwise, a claim that the entry is a breach of the mortgage documents or constitutes an illegal or unauthorized entry on the property.
(Ord. 2015-009, passed 12-17-15)