It is the purpose and intent of the City Council to establish
a process to address the deterioration and decline in value of City
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the City and to identify, regulate, limit and reduce
the number of these properties located within the City. 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. Structures owned by individuals who are economically
strained and unable to meet their mortgage obligations are often not
properly or diligently maintained, which contributes to blight, declined
property values, and has a negative impact on social perception of
the residential areas where they are located. It is the City Council'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 article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
DEFAULT
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.
ENFORCEMENT OFFICER
Any law enforcement officer, building department official,
zoning inspector, code enforcement officer, fire inspector, building
inspector, police officer or other person authorized by the City to
enforce the applicable code(s).
EVIDENCE OF VACANCY
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 and/or observations by neighbors,
passersby, delivery agents, enforcement officers, or government agents;
and/or the presence of boards over doors, windows or other openings
in violation of applicable code.
FORECLOSURE or FORECLOSURE ACTION
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.
MORTGAGEE
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 as assignee
or owner.
OWNER
Every person, entity, or mortgagee who alone or severally
with others has legal or equitable title to any real property as defined
by this article; 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.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this article.
REAL PROPERTY
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 City limits.
REGISTRABLE PROPERTY
Any real property located in the City, whether vacant or
occupied, that is 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 judgment 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.
REGISTRY
A web-based electronic database of searchable real property
records used by the City to allow mortgagees the opportunity to register
properties and pay applicable fees as required in this article.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the City, or its designee, and every
subsequent six months the property is registrable. The date of the
initial registration may be different than the date of the first action
that required registration.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all City codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the City that contains any building
or structure that is not lawfully occupied.
This article applies to foreclosing or foreclosed property within
the City.
Pursuant to the provisions of this article, the City, or its
designee, shall establish a registry cataloging each registrable property
within the City containing the information required by this article.
The provisions of this article are cumulative with and in addition
to other available remedies. Nothing contained in this article shall
prohibit the City from collecting on fees, fines, and penalties in
any lawful manner or enforcing its codes and any other applicable
law by any other means, including, but not limited to, injunction,
abatement, or as otherwise provided by law.
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 City.
Any Enforcement Officer or any person authorized by the City
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 article.
It is hereby declared to be the intention of the City that the
sections, paragraphs, sentences, clauses, and phrases of this article
are severable, and if any phrase, clause, sentence, paragraph, or
section of this article 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 article.
This article shall become effective immediately upon adoption.