The following definitions apply to Sections 15.11.010 to 15.11.080 unless inconsistent with the context:
"Abandoned residential property"
means:
1. 
Residential property that is both vacant and subject to either a pending judicial execution sale under ORS 18.901 (2016) et seq., or to non-judicial foreclosure pursuant to ORS 86.740 to 86.755 (2016); or
2. 
Residential property that is both vacant and was the subject of either a judicial execution sale under ORS 18.901 (2016) et seq., or non-judicial foreclosure pursuant to ORS 86.740 to 86.755 (2016) where legal title is retained by the beneficiary(ies) of a foreclosed trust deed or was otherwise transferred to beneficiary(ies) pursuant to a deed in-lieu of foreclosure.
"Foreclosed residential property"
means residential property an owner obtains as a result of:
1. 
Foreclosing a trust deed on the residential property;
2. 
Obtaining a judgment foreclosing a lien on the residential property; or
3. 
Purchasing the residential property at a trustee's sale or a sheriff's sale.
"Local"
means within 30 road/driving miles distance of the city of Happy Valley.
"Manager"
means the city manager or authorized designate thereof.
"Owner"
means any natural person, partnership, association, corporation or other entity identified as having or claiming a lien interest either as a mortgagee under a mortgage or as a trustee and/or beneficiary under a trust deed in abandoned residential property or vacant foreclosed residential property.
"Residential property"
is property as defined in ORS 18.901 (2016).
"Vacant"
means condition(s) indicative of residential property being uninhabited, vacant or abandoned including, but are not limited to:
1. 
Visibly overgrown and/or dead vegetation at the property;
2. 
Accumulation of newspapers, circulars, flyers and/or mail;
3. 
Visible accumulation of trash, junk and/or debris;
4. 
Absence of typical household furnishing consistent with active residential habitation; and/or
5. 
Statements by neighbors, delivery agents or government employees that the property is uninhabited or vacant.
(Ord. 493 § 1, 2016)
A. 
Residential property shall be registered by the owner(s) thereof with the city recorder in the event:
1. 
Of an anticipated judicial foreclosure of the property, no earlier than the commencement of any of the actions described by ORS 18.904, 18.906, 18.908 (2016) and not later than the date first set for the execution sale described in ORS 18.930 (2016);
2. 
Of an anticipated non-judicial foreclosure of the property done pursuant to ORS 86.740 to 86.755 (2016) not later than the date of service or mailing of the notice of sale described in ORS 86.740 (2016); or
3. 
An owner receives written notice from the city manager that the city manager believes the residential property is vacant.
B. 
Each registration shall be on a form approved by the city recorder and contain at a minimum the following:
1. 
The name of the trustee or mortgagee;
2. 
If applicable, the name of the beneficiary (if different from the trustee) under the trust deed;
3. 
The street/office mailing address(es) of the trustee/mortgagee and if there is one, the beneficiary under the trust deed;
4. 
The name, mailing address and contact information of a local individual or entity charged with responsibility by the trustee, mortgagee and/or beneficiary for ensuring compliance with the obligations imposed by Sections 15.11.030 through 15.11.050.
C. 
Each registration shall be accompanied by payment of a registration fee which amount is to be set by council resolution. In the event residential property subject to the registration requirement imposed by the terms of Section 15.11.020 remains in a state subject thereto for more than 360 days, an additional fee may be imposed each 30 days thereafter for the period the property remains either abandoned residential property or vacant foreclosed residential property. Said fee, if unpaid, shall be made an assessment lien on the property and recorded as such in the city's lien docket.
D. 
The city recorder shall maintain a current list of registered residential properties.
E. 
In the event ownership of a registered residential property changes, notice of the change shall be provided to the city recorder's office no later than 30 days after the change becomes effective.
(Ord. 493 § 1, 2016)
A. 
The owners of residential property either determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause said property to be maintained in a generally kempt condition generally found on surrounding occupied residential property and free of weeds, dead vegetation, graffiti, trash, accumulated newspapers, circulars, flyers, discarded personal items and other items/conditions that give the appearance the property is vacant or abandoned.
B. 
In the event there is an outdoor pool and/or spa at an abandoned residential property or a vacant residential property, it/they shall either be kept in working order or drained and kept dry.
(Ord. 493 § 1, 2016)
A. 
The owners of residential property determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause said property to be secured (including closure and locking of windows, doors, gates and other opening(s) allowing access to the dwelling) and thereafter maintained so as not to be readily accessible to unauthorized persons.
B. 
Residential property subject to subsection A shall be continuously posted with a notice (printed and legible with a font size no less than 14 point) listing the name and contact information of the local individual or entity identified in the city's registration form along with the following phrases completed with the appropriate identification and contact information.
"THIS PROPERTY MANAGED BY _____________."
"TO REPORT PROBLEMS OR CONCERNS CALL ____________."
The posting shall be placed either on the interior of the dwelling or secured to the exterior of the dwelling. Exterior posting must be constructed of and printed on weather resistant materials.
(Ord. 493 § 1, 2016)
A. 
In the event the city manager believes an owner has failed to meet any or all of the registration, maintenance, security and inspection mandates of this chapter, the city manager shall send notice of said failure to the owner at the address listed on the county's tax rolls maintained consistent with ORS 311.560 (2016) or at such other address as may be known to the city manager. The notice shall set out the nature of the failure(s) to be corrected, giving the owner not less than 14 working days from the date of the notice to correct them.
B. 
In the event the owner fails to remedy the matters within the time set out in the notice (or make, in the city manager's reasonable view, adequate arrangements otherwise) the city may then enter the property and cause said failures to be corrected, charging the costs thereof to the property as an assessment lien to be recorded in the city's lien docket. All said liens may be enforced consistent with the terms of ORS 223.505 to ORS 223.595 (2016).
C. 
In addition to authority afforded the city manager under the terms of this section, the city manager may also seek to obtain compliance with and/or enforce the terms of this chapter as may be otherwise allowed using remedies and enforcement mechanisms provided for either in the Happy Valley Municipal Code or in state law.
D. 
If the city manager reasonably believes an owner's failure to comply with the requirements of this chapter is willful or purposeful, the city manager may authorize appropriate enforcement personnel to seek an enhanced penalty of up to $1,000 per day in addition to the general penalty provided for in Section 1.12.010 of this code either in the municipal court or in any court with competent jurisdiction.
(Ord. 493 § 1, 2016)
A. 
In the event an owner is notified that residential property under their ownership is subject to the terms of this chapter but believes the property should not be, they may appeal said determination to the municipal court.
B. 
Any appeal by an owner shall be:
1. 
In writing;
2. 
Received by the municipal court within 10 working days of the date of the notice informing the owner that their residential property was subject to this chapter; and
3. 
Setting out in summary form the basis for their belief that their residential property should not be subject to this chapter.
C. 
Upon receipt of an appeal, the municipal court shall review the matter and provide the owner an opportunity to give additional information if the court believes additional information could better inform the decision on whether to affirm, deny or modify the notification. After the owner had been given the opportunity to provide additional information, the court shall within 10 working days of the receipt of that information, affirm, deny or modify the notification as to the applicability of this chapter to the residential property in writing. The court's decision is final subject only to judicial review pursuant to a writ of review taken pursuant to ORS 34.010 et seq.
(Ord. 493 § 1, 2016)