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§ 152.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY ATTORNEY. The City Attorney of the City of Silver Grove or his or her designee.
   CODE OFFICIAL. The Code Enforcement Officer of the City of Silver Grove or his or her designee.
   FORECLOSED. A property upon which a mortgagee has filed an action in foreclosure in order to recover monies pursuant to a mortgage agreement which has been secured by a lien on property.
   MORTGAGEE. Any for-profit lender who is a party to a mortgage agreement and whose interest in that agreement is secured by a lien on residential property.
   PERSON IN CONTROL. The person, persons, or entity holding title to the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee, or holder of a lesser estate in the premises, and/or its duly authorized agent(s), with the authority to bring a building or premises into compliance with the provisions of this subchapter, including, but not limited to, any mortgagee that has filed an action in foreclosure on the particular premises at issue, until title to the premises is transferred to a third party.
   RESIDENTIAL PROPERTY. A parcel of land which contains a dwelling or structure that provides living accommodations for persons.
   VACANT. Unoccupied or without authorized human inhabitants. To be an authorized human inhabitant, one must have changed his or her legal residence to reflect same.
   VACANT, FORECLOSED PROPERTY REGISTRATION FORM. A form publicly available from the City Clerk or Zoning Administrator that mortgagees subject to the requirements of this subchapter must complete and submit as specified in this subchapter.
(Ord. 13-0901, passed 10-3-2013)
§ 152.16 REGISTRATION OF VACANT FORECLOSED RESIDENTIAL PROPERTY.
   (A)   Initial filing.
      (1)   Within ten business days of filing a foreclosure action on residential property that is vacant at the time of filing, the mortgagee shall submit a vacant, foreclosed property registration form for the City Clerk or Zoning Administrator.
      (2)   A mortgagee is not required to submit the vacant, foreclosed registration form if the residential property located within the city is not vacant on the date of the filing of a foreclosure action on the property. However, if the residential property becomes vacant at any point during the foreclosure process, the mortgagee shall submit a vacant, foreclosed property registration form regarding the property to the city’s Zoning Administrator and City Clerk within ten business days of the vacancy.
      (3)   The vacant, foreclosed property registration form shall contain the following information:
         (a)   Description of the residential property, including, but not limited to, the street address and parcel identification number;
         (b)   The name, street address, and telephone number of a natural person, 18 years of age or older, or a business entity registered with the Kentucky Secretary of State designated by the mortgagee as an authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of the mortgagee in connection with enforcement of this subchapter, and this person or entity must maintain an office in the state or must actually reside in the state; and
         (c)   The mortgagee shall pay the initial registration fee listed in § 152.17.
   (B)   Change of information. The mortgagee shall notify the city’s Zoning Administrator and City Clerk within ten business days of any change of information on the foreclosed property registration form. The vacant, foreclosed property registration form shall be maintained with accurate information until the property is sold at a judicial sale, transferred to a bona fide owner-occupant, or an unaffiliated third party. The mortgagee shall notify the Zoning Administrator and City Clerk in writing when the property is transferred to a bona fide owner-occupant or an unaffiliated third party, the property is reoccupied, or the property is sold at a judicial sale, so the property may be promptly removed from the registry.
   (C)   Annual requirements. On an annual basis, the mortgagee shall pay the annual registration fee listed in § 152.17.
(Ord. 13-0901, passed 10-3-2013)
§ 152.17 FEES.
   (A)   Fees. Mortgagees shall pay any required fees until the foreclosure is dismissed or until the property is transferred to a third party. The fees for the various requirements under this chapter are as follows.
 
Title of Fee
Fee Amount
Initial registration fee
$500
Annual registration fee
$500
 
   (B)   Reimbursement exception. If the property is transferred or rented to a third-party, which does not include a subsidiary corporation or other legal entity of said third-party, within six months of the conclusion of the foreclosure action, said initial registration fee shall be reimbursed.
(Ord. 13-0901, passed 10-3-2013)
§ 152.18 MAINTENANCE OBLIGATIONS OF MORTGAGEES.
   During the period that the property is registered, the mortgagee shall have the obligations set forth in this section.
   (A)   Obligations. Vacant, foreclosed property shall be maintained free of all outward appearances of foreclosure and vacancy during the registration period including:
      (1)   No signs or placards on the exterior of the building or in the windows indicating that the property is vacant or foreclosed;
      (2)   Grass shall be no higher than eight inches at any time and all noxious weeds shall be removed;
      (3)   The premises shall be maintained free of debris and litter;
      (4)   The premises shall remain secure and locked. Broken windows and doors which are visible from the right-of-way may be covered with plywood or similar boarding material on an emergency basis, but for no more than ten business days, while arrangements are being made to replace broken glass or broken parts of the existing windows and doors. Broken windows and doors on the rear or sides of the building may be boarded until the windows and doors are repaired for re-occupancy, provided that the boarded openings are not visible from public right-of-way;
      (5)   Windows and doors which are visible from the right-of-way may not be boarded and shall be maintained in good repair;
      (6)   Handbills, circulars, and advertisements shall be removed from porches and yards in a timely manner; and
      (7)   Standing water on the premises, including, but not limited to, standing water in swimming pools, shall be eliminated.
   (B)   Additional requirements. The maintenance requirements and penalties in this subchapter related to vacant, foreclosed residential properties are in addition to, and shall not be considered in conflict with, any and all other property maintenance requirements of the city ordinances. Nothing within this subchapter shall be construed to limit the responsibilities of persons in control to comply with and adhere to any and all building, housing, health, and zoning ordinances established by the city. Nothing within this subchapter shall be construed to limit or conflict with the responsibilities of persons in control to comply with and adhere to any and all state and federal laws.
(Ord. 13-0901, passed 10-3-2013)
§ 152.19 POINT OF SALE INSPECTIONS.
   (A)   Inspections. Point of sale inspections are hereby authorized on all properties that are subject to the vacant, foreclosed property registration. Mortgagees shall arrange to have all properties subject to the requirements of this subchapter inspected by the Code Official within five business days of filing for the property to be sold at a judicial sale. If the mortgagee fails to arrange an inspection, the property shall be inspected by the Code Official pursuant to Kentucky Revised Statute prior to the property being sold at a judicial sale or pursuant to a search warrant issued by a court of competent jurisdiction.
   (B)   Failed inspections. If, as a result of the above inspection, the Code Official determines that health code violations, housing code violations, hazards, or structural defects exist on the property, the Code Official shall notify the City Attorney of these conditions. The City Attorney shall provide written notice via certified mail to the mortgagee or the mortgagee’s agent, as designated on the vacant, foreclosed property registration form, the owner of record, and any equitable lien holders, informing the parties of the following:
      (1)   The need to repair and correct the violations, hazards, or structural defects prior to the judicial sale;
      (2)   If the property is not brought into compliance within 30 calendar days of the issuance of the notice of violation, the Code Official may correct or repair some or all of the violations;
      (3)   If the Code Official corrects or repairs some or all of the violations, the City Attorney shall promptly place a priority lien on the property for the total cost of abating the violations. The City Attorney shall collect the priority lien from the proceeds of the judicial sale of the property, or upon any subsequent sale of the property, or by the methods provided in Kentucky Revised Code. When notice is given as provided for in this section, the lien shall be a priority over liens of prior record and the lien will be effective on the date the city incurs the costs of repairs as provided in Kentucky Revised Code.
   (C)   Bond. The mortgagee may post a bond in an amount equal to the cost of abatement of the code violations which may include repair or demolition. The mortgagee must submit to the Code Official written cost estimates by contractors registered with the City of Highland Heights for abating the violations. The Code Official will establish the bond amount based upon the submitted cost estimates. The Code Official may extend the compliance date up to 90 days if a bond is posted. An additional 90 days may be extended in writing by the Code Official if good cause or diligence in abating the violations is demonstrated. If the violations are not abated in conformance with the terms of this section, the bond will be forfeited and the Code Official shall cause the violations to be abated with the proceeds of the forfeiture.
(Ord. 13-0901, passed 10-3-2013)
§ 152.99 PENALTY.
   (A)   Any person who shall violate any provision of the code adopted in § 152.01 shall be guilty of a Class B misdemeanor under state law, punishable by a fine up to $250 and by imprisonment up to 90 days, or by both such fine and imprisonment. The imposition of any penalty for any violation shall not excuse the violation or permit it to continue, and the violator shall be required to correct or remedy said violation or defect within a reasonable time as directed by the city. Each day of violation shall constitute a separate offense.
   (B)   (1)   Failure to register property. Failure to register a vacant, foreclosed property shall constitute a violation and shall be fined not less than $10 nor more than $100 for the first offense and succeeding offenses. Each day that such violation shall continue shall be deemed a separate and distinct offense.
      (2)   Failure to keep information accurate. Failure to maintain accurate information once having registered shall constitute a violation and shall be fined not less than $10 nor more than $100 for the first offense and succeeding offenses. Each day that such violation shall continue shall be deemed a separate and distinct offense.
      (3)   Failure to maintain property. Failure to maintain the property in accordance with the maintenance provisions shall constitute a misdemeanor and shall be fined not more than $500 the first day, and having once been notified, each additional day that the property fails to meet the maintenance provisions shall constitute a separate, subsequent misdemeanor.
(Ord. 11-0301, passed 4-5-2011; Ord. 13-0901, passed 10-3-2013)