§ 11-315. Purpose and intent; definitions; applicability; registration required.

(a)

Purpose and intent. The purpose and intent of this article is to establish procedures and requirements for the registration of real property located within the unincorporated area of the County that is vacant and in the process of foreclosure.

(b)

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

Agent means any person with legal authority to represent and act on behalf of the owner through a written agreement, power of attorney, or other similar document.

Evidence of vacancy means 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, accumulation of abandoned personal property, statements by neighbors, delivery agents, or government agents, empty storefronts, and real estate signs, among other evidence that the property is vacant.

Foreclosure means the legal process by which a mortgagee or other lien holder terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt to the real property subject to the mortgage or lien. This process commences with the filing of a civil action in court and a notice of lis pendens in the official records of the County, and may include, but is not limited to, transfer by deed, sale to the mortgagee or lien holder, certificate of title, and all other activities and actions associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or designee, through a certificate of title or any other means, is sold to a non-related bona fide purchaser to satisfy the debt or lien.

Inspection means a close viewing of the real property and the exterior of any structures located thereon pledged as security for the real estate loan, and includes a viewing of any interior portions of the structure which are visible from the exterior of the structure. However, an inspection does not require entry into any structure for purpose of viewing the interior of such structure.

Local means within the geographic boundaries of the County.

Mortgagee means a person, business, or legal entity that holds a lien on or an interest in real property to secure the repayment of a debt by the owner of the real property subject to the lien or interest.

Owner means the owner of record of any real property as determined by the official records of the County.

Property management company means a property manager, property maintenance company, or other similar entity responsible for the management and maintenance of real property.

Real property or property means a parcel of real property located within the unincorporated area of the County.

Registration means a process of providing information about vacant real property in foreclosure to the County as provided in this article.

Vacant means any building or structure that is not legally occupied by the property owner, a tenant or renter under a lease agreement with the property owner or agent, or any other person with the written permission or consent of the property owner or agent.

Vacant real property in foreclosure means any real property that is vacant, is in the process of foreclosure, and shows evidence of vacancy.

(c)

Applicability. This article shall apply within the unincorporated area of the County.

(d)

Registration of vacant real property in foreclosure.

(1)

Any mortgagee that holds a mortgage on any vacant real property in foreclosure located within the unincorporated area of the County shall perform an inspection of the property that is the security for the mortgage and shall register the vacant real property with the County upon commencement of foreclosure by said mortgagee on said property. A separate registration is required for each parcel of vacant real property simultaneous with the recording of a notice of lis pendens in the public records of the County in any civil action to foreclosure on a mortgage, lien, or similar instrument that secures debt upon vacant real property in foreclosure located within the unincorporated area of the County. If any real property in foreclosure located within the unincorporated area of the County becomes vacant after commencement of foreclosure, the mortgagee shall perform an inspection of the property and shall register the vacant real property with the County no later than 30 days after such vacancy occurs.

(2)

Registration pursuant to this section shall contain, at a minimum, the names, mailing addresses, email addresses, and telephone numbers of the mortgagee, the chief executive officer of the mortgagee or said officer's designee, and a local property management company. The mortgagee and the local property management company shall be responsible for inspecting, maintaining, and securing the vacant real property in foreclosure subject to the mortgage in compliance with the requirements of this article. The property management company named in the registration shall be available to be contacted by the County between 8:00 and 5:00 p.m. Monday through Friday, excluding holidays.

(3)

The mortgagee shall pay a regulatory fee for each parcel of vacant real property in foreclosure at the time of registration.

(4)

Any mortgagee that registers vacant real property in foreclosures as provided in this section shall report any change of information contained in the registration to the County within ten days of the change.

(5)

The registration provided in this section and the requirements for vacant real property in foreclosure set forth in this article shall remain in effect until the foreclosure is concluded and the real property is sold to a bona fide purchaser.

(6)

Failure of the mortgagee to inspect or register any vacant real property in foreclosure or to provide any required information or change of information shall constitute a violation of this section.

(Ord. No. 2015-07, § 1, 6-23-2015)