[HISTORY: Adopted by the Town Board of the Town of Salina 9-14-2020 by L.L. No. 8-2020. Amendments noted where applicable.]
It is the purpose and intent of the Town Board to establish
a process to address the deterioration, crime, and decline in value
of Town neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Town, and to identify, regulate, limit
and reduce the number of these properties located within the Town.
It has been determined that owner-occupied structures are generally
better maintained when compared to vacant structures, even with a
diligent off-site property owner. Vacant structures or structures
owned by individuals who are economically strained and unable to meet
their mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Town Board's further intent to establish a registration
program as a mechanism to help protect neighborhoods from becoming
blighted through the lack of adequate maintenance of properties that
are in foreclosure or foreclosed, and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling
of property owners.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Town to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. The legal process is not concluded until the property obtained
by the mortgagee, lien holder, or their designee, by certificate of
title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
The creditor, including but not limited to trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities.
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this chapter; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Town limits.
Any real property located in the Town, whether vacant or occupied,
that is encumbered by a mortgage subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgement has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Town to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Town, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
The Town of Salina.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Town codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Town that contains any building
or structure that is not lawfully occupied, except it shall not mean
houses that are listed for sale by the owner for less than 12 months
or rental property that has been vacant for less than two months.
This chapter applies to foreclosing, foreclosed, and vacant
property within the Town.
The Town, or its designee, shall establish a registry cataloging
each registrable property within the Town, containing the information
required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Town shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Town registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain, and secure the real property subject to the mortgage
under a foreclosure action. A separate registration is required for
each property under a foreclosure action, regardless of whether it
is occupied or vacant.
D.
Initial registration pursuant to this section shall contain, at a
minimum, the name of the mortgagee, the mailing address of the mortgagee,
email address, telephone number and name of the property manager and
said person's address, email address, and telephone number.
E.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee as set forth annually by resolution of
the Town Board. Subsequent nonrefundable semiannual renewal registrations
of properties and fees in the amount as set forth by resolution of
the Town Board within 10 days of the expiration of the previous registration.
Said fees shall be used to offset the costs of: 1) registration and
registration enforcement; 2) code enforcement and mitigation related
to defaulted properties; 3) post-closing counseling and foreclosure
intervention limited to owner-occupied persons in default, which may
not include cash and mortgage modification assistance; and 4) for
any related purposes as may be adopted in the policy set forth in
this chapter. Said fees shall be deposited to a special account in
the Town's Department dedicated to the cost of implementation
and enforcement of this chapter, and fulfilling the purpose and intent
of this chapter. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
[Amended 2-22-2021 by L.L. No. 1-2021]
F.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable semiannual registration
fee as set forth by resolution of the Town Board. Properties registered
less than 12 months prior to the effective date shall renew the registration
every 12 months from the expiration of the original registration renewal
date and shall pay the nonrefundable semiannual registration fee as
set forth by resolution of the Town Board.
[Amended 2-22-2021 by L.L. No. 1-2021]
G.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
H.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the transferee
is subject to all the terms of this chapter. Within 10 days of the
transfer, the transferee shall register the property or update the
existing registration. Any and all previous unpaid fees, fines, and
penalties, regardless of who the mortgagee was at the time registration
was required, including, but not limited to, unregistered periods
during the foreclosure process, are the responsibility of the transferee
and are due and payable with the updated registration. The previous
mortgagee will not be released from the responsibility of paying all
previous unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the foreclosed property.
I.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
[Amended 2-22-2021 by L.L. No. 1-2021]
J.
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 or by any other legal means.
K.
Properties subject to this section shall remain subject to the semiannual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains registrable
property.
[Amended 2-22-2021 by L.L. No. 1-2021]
L.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this chapter is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Town.
M.
If any property is in violation of this chapter the Town may take
the necessary action to ensure compliance with and/or place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to the property into compliance.
N.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee managed rental.
A.
Any owner of vacant property located within the Town shall within
10 days after the property becomes vacant, register the real property
with the Town registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, email
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, email address, and telephone number.
C.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration as determined annually by resolution of the
Town Board. Subsequent nonrefundable semiannual renewal registrations
of vacant properties and fees in the amount set by resolution of the
Town Board are due within 10 days of the expiration of the previous
registration. Said fees shall be used to offset the costs of: 1) registration
and registration enforcement; 2) code enforcement and mitigation related
to vacant properties; and 3) for any related purposes as may be adopted
in the policy set forth in this chapter. Said fees shall be deposited
to a special account in the Town's Department dedicated to the
cost of implementation and enforcement of this chapter, and fulfilling
the purpose and intent of this chapter.
[Amended 2-22-2021 by L.L. No. 1-2021]
D.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable semiannual registration
fee as set forth by resolution of the Town Board. Properties registered
less than 12 months prior to the effective date shall renew the registration
every 12 months from the expiration of the original registration renewal
date and shall pay the semiannual registration fee as set forth by
resolution of the Town Board.
[Amended 2-22-2021 by L.L. No. 1-2021]
E.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
F.
If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee equivalent to 10% of the semiannual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
[Amended 2-22-2021 by L.L. No. 1-2021]
G.
Properties subject to this section shall remain subject to the semiannual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
[Amended 2-22-2021 by L.L. No. 1-2021]
H.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this chapter is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Town.
I.
If any property is in violation of this chapter the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to the property into compliance.
J.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance
that the property is abandoned.
B.
Registrable property shall be maintained free of graffiti or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
D.
Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas of shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Town. Pursuant
to a finding and determination by a Town officer, governing body or
court of competent jurisdiction, the Town may take the necessary action
to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Town.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Town.
E.
When a property subject to this chapter becomes vacant, it shall
be posted with the name and twenty-four-hour contact telephone number
of the property manager. The property manager shall be available to
be contacted by the Town Monday through Friday between 9:00 a.m. and
5:00 p.m., legal holidays excepted. The sign shall be placed in a
window facing the street and shall be visible from the street. The
posting shall be no less than 18 inches by 24 inches and shall be
of a font that is legible from a distance of 45 feet. The posting
shall contain the following language with supporting information:
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THIS PROPERTY IS MANAGED BY
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AND IS INSPECTED ON A REGULAR BASIS
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THE PROPERTY MANAGER CAN BE CONTACTED
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BY TELEPHONE AT
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OR BY EMAIL AT
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F.
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this chapter, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Town. The Town may take the necessary action to ensure compliance
with this section, and recover costs and expenses in support thereof.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Town from collecting on fees, fines, and penalties in
any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute a public nuisance, the abatement
of which pursuant to the police power is hereby declared to be necessary
for the health, welfare, and safety of the residents of the Town.
A.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before Town Board or a court
of competent jurisdiction as soon as possible to address the conditions
of the property. Nothing herein shall limit the Town from abating
any nuisance or unsafe condition by any other legal means available
to it.
B.
The Code Enforcement Officer, Town Board or court of competent jurisdiction
shall have the authority to require the mortgagee or owner affected
by this section, to implement additional maintenance and/or security
measures, including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Town Board or court of competent jurisdiction may direct the Town
to abate the violations and charge the mortgagee or owner with the
cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Town for the cost
of temporarily securing the property, or of any abatement directed
by the code enforcement officer, Town Board or a court of competent
jurisdiction, within 30 days of the Town sending the mortgagee or
owner the invoice then the Town may lien the property with such cost,
along with an administrative fee as determined in the Town's fee ordinance
to recover the administrative personnel services. In addition to filing
a lien the Town may pursue financial penalties against the mortgagee
or owner.
E.
The Town may contract with an entity to implement this chapter, and,
if so, any reference to the Enforcement Officer herein shall include
the entity the Town contract with for that purpose.
Whoever opposes obstructs or resists any Enforcement Officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any Enforcement Officer or any person authorized by the Town
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
Unless otherwise provided for in this chapter, a violation of
this chapter is declared unlawful.
Registration fees and penalties outlined in this chapter may
be modified by resolution, administrative order, or an amendment to
this chapter passed and adopted by the Town Board.
It is hereby declared to be the intention of the Town that the
sections, paragraphs, sentences, clauses, and phrases of this chapter
are severable, and if any phrase, clause, sentence, paragraph, or
section of this chapter shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this chapter.
