§ 10-34. Registration of real property.

(a)

Upon the default of a mortgagor, a lender holding a mortgage on real property located within the city shall, prior to the issuance of a notice of default, perform an inspection of the property that is the security for the mortgage. If, upon inspection, the property is found to be vacant or shows evidence of vacancy, it shall be classified as an abandoned property and the lender shall, within ten (10) days of the inspection, register the property with the city. A separate registration is required for each abandoned property.

(b)

If the property is occupied but remains in default, it shall be inspected by the lender monthly until either:

(1)

The mortgagor or other party remedies the default; or

(2)

It is found to be vacant or shows evidence of vacancy at which time it is deemed to be abandoned, and the lender shall, within ten (10) days of that inspection, register the property with the city.

(c)

Registration pursuant to this section shall contain: the property owner's name, the address of the property, the folio or parcel control number, the lender's name, the lender's loan number and the name, address, telephone number and email address for the lender's maintenance and legal agents. The city may require such other information the city deems necessary to fulfill the intent and purpose of this section. The lender's legal agent and maintenance agent may be the same person.

(d)

The city shall charge a non-refundable annual registration fee of one hundred fifty dollars ($150.00) per abandoned real property, which shall accompany the required registration form and/or renewal registration form provided by the city for the filing of information of each property listed in the registry. The annual registration fee shall correspond to the fiscal year of the city and renewal of the registration must be completed prior to October 1 of any applicable year so long as the property remains abandoned. A failure to timely register shall be subject to the issuance of a citation upon the lender and a civil penalty of five hundred dollars ($500.00). The renewal of the registration form with its accompanying fee each year shall be the responsibility of the lender and a failure to timely renew shall also be subject to the issuance of a citation upon the lender and a civil penalty of five hundred dollars ($500.00). Said penalty(s) shall be used towards satisfying any city liens upon the premises that accrued prior to the filing in the registry and any excess penalty moneys shall be retained by the city.

(e)

In the event that the information required during the registration has changed, the lender shall update the registry to reflect the updated information within ten (10) days of the change, including the status of the proceedings initiated by the lender, if any, to foreclose the mortgage on a registered property. Any notice of violation or legal process which has been delivered or served prior to the receipt by the city of an amended registration form shall be deemed effective service. Registration pursuant to this section shall not be transferable.

(f)

Properties subject to this section shall remain under the annual registration requirement, security and maintenance standards enumerated in this section as long as they remain abandoned.

(g)

A lender's registration of a property shall constitute the consent of the lender for the city's enforcement officer to enter the premises for inspection purposes in the limited circumstances defined in section 10-35(a).

(h)

Any action or case initiated pursuant to this section may be presented to the code enforcement board, court, or other entity or person with jurisdiction even if, prior to a hearing, the property is no longer abandoned or vacant or the violation has been remedied.

(Ord. No. 12O-04-109, § 1, 4-30-2012)