§ 18-210. Inspection and registration of vacant property by mortgagee holding mortgages in default.

(a)

This section applies to abandoned real property located within the city, which property is in or has been in mortgage foreclosure, or where ownership has been transferred to a lender or mortgagee by any legal method.

(b)

Any mortgagee who holds a mortgage on abandoned real property located within the city shall perform an inspection of the property 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 vacant or abandoned and the mortgagee shall, within ten days of the inspection, register the property with the city's development service department, or its designee on forms promulgated by the development service department.

(c)

Property inspected pursuant to subsection (a) above that is occupied but remains in default, shall be inspected on a regular basis by the mortgagee or mortgagee's designee.

(d)

Within ten days of the date any mortgagee declares its mortgage to be in default, the mortgagee shall register the subject abandoned real property with the city's development service department, or its designee on forms promulgated by the development service department or the department's designee in accordance with section 18-209. At the time of registration, the mortgagee shall also designate in writing a local property manager to inspect, maintain and secure the real property subject to the mortgage in default.

(e)

Registration shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, e-mail address, and telephone number and name of the local property manager and said person's address, e-mail address, and telephone number. The local property manager shall be responsible to inspect, secure and maintain the property. The property manager named in the registration shall be located within 20 miles of the city and available to be contacted by the city, Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays excepted.

(f)

This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure.

(g)

Properties subject to this section shall remain under the registration requirement, and the inspection, security, and maintenance standards set forth in sections 18-209, 18-211 and 18-212 of this Code as long as they remain vacant or subject to having been declared by a mortgagee to be in default.

(h)

Any person or other legal entity that has registered a property under this ordinance must report any change of information contained in the registration within ten days of the change.

(i)

Failure of the mortgagee and/or property owner of record to properly register or to modify the registration from time to time to reflect a change of circumstances as required by this section 18-209 is a violation of this article and shall be subject to enforcement by any of the enforcement means available to the city.

(j)

Pursuant to a finding by the special magistrate that any property is in violation of this article 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 to bring it into compliance.

(Ord. No. 4410-12, § 4, 3-5-2012)