Forest Park City Zoning Code
CHAPTER 153
REGISTRATION OF FORECLOSING MORTGAGED PROPERTY AND VACANT PROPERTY
§ 153.01 TITLE.
These regulations shall be known as the "Registration of Foreclosing Mortgaged Property and Vacant Property," and may be cited as such and referred to herein as "this chapter."
(Ord. 04-2020, passed 3-17-20)
§ 153.02 PURPOSE.
The purpose of this chapter is to establish a process to address the deterioration, crime, 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. This chapter establishes a registration program 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.
(Ord. 04-2020, passed 3-17-20)
§ 153.03 DEFINITIONS.
For the purpose this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEFAULT. When a 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 official, zoning administrator, code enforcement officer, property maintenance specialist, fire inspector, building inspector, or other person authorized to enforce this chapter.
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.
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. A foreclosure action is not concluded until the property obtained by the mortgagee or their designee is sold to a non-related bona fide purchaser in an arm's length transaction.
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.
OWNER. Any 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.
PROPERTY MANAGER. Any party designated by the owner as responsible for inspecting, maintaining and securing the property as required by this chapter. The property manager shall not be considered the owner.
REAL PROPERTY. A parcel of land, whether laid out in town lots or otherwise, including all growing crops, deciduous and evergreen trees, plants, and shrubs, with all things contained therein, and all buildings, structures, improvements, and fixtures of whatever kind on the land, and all rights and privileges belonging or appertaining thereto.
REGISTRABLE PROPERTY. Either
(1) Any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, or has been the subject of a foreclosure action by a mortgagee or trustee with a judgement entered, or has been the subject of a foreclosure sale in which the title was transferred to the beneficiary of a mortgage involved in the foreclosure.
(2) Any real property transferred by a deed in lieu of foreclosure.
(3) Any property that is vacant for more than 30 days, or upon shut-off of a utility service, whichever occurs first. The designation of a "foreclosure" property as "registerable" shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed by the Hamilton County Court of Common Pleas.
REGISTRY. A web-based electronic database of searchable real property records, to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this chapter.
SEMI-ANNUAL REGISTRATION. The requirement to register from the date of the first action that requires registration, as determined by the city, 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.
SERVICES. Functions that are essential for a property comply with all city codes including, but not limited to: utilities, lawn maintenance, pool maintenance, drainage, leaf removal and snow removal.
UTILITIES. Potable water, electricity, and (in structures so equipped) natural gas, steam, or other fuel used for heating and/or cooking, any of which is delivered without interruption and available at all times to a structure used for human habitation.
VACANT. Any tract or parcel of land with any building or structure that is not lawfully occupied.
(Ord. 04-2020, passed 3-17-20)
§ 153.04 APPLICABILITY AND JURISDICTION.
The requirements of this chapter shall apply to foreclosing, foreclosed, and vacant property in the City of Forest Park, Hamilton County, Ohio.
(Ord. 04-2020, passed 3-17-20)
§ 153.05 ESTABLISHMENT OF REGISTRY.
The City Manager, or his or her designee, shall establish a registry cataloging each registrable property within the city, containing the information required by this chapter.
(Ord. 04-2020, passed 3-17-20)
§ 153.06 INSPECTION AND REGISTRATION OF REAL PROPERTY UNDER FORECLOSURE.
(A) Inspection required. Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property upon default by the mortgagor as evidenced by the filing of a foreclosure action.
(B) Occupancy status. Property 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 ten days of that inspection, update the occupancy status of the property registration.
(C) Registration required. Within ten days of the date any mortgagee files a foreclosure action, the mortgagee shall perform all of the following:
(1) Register the real property with the city registry; and
(2) 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.
(D) Individual property registrations. A separate registration is required for each property under a foreclosure action, regardless of whether it is occupied or vacant.
(E) Informational requirements. Initial registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, e-mail address, telephone number and name of the property manager and said person's address, e-mail address, and telephone number.
(F) Existing properties; renewal. 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 non-refundable semi-annual registration fee. Properties registered less than 12 months prior to the effective date shall renew the registration every six months from the expiration of the original registration renewal date and shall pay the non-refundable semi-annual registration fee.
(G) Sale or transfer of mortgage. 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 ten days of the transfer, the new mortgagee shall register the property or update the existing registration.
(1) 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.
(2) 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 ten 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.
(H) Past-due registration. 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 semi- annual registration fee shall be charged for every 30-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
(I) Deed in lieu of foreclosure. 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.
(J) Continuing obligation. Properties subject to this chapter, including the inspection, security, and maintenance standards of this chapter, shall remain so as long as the property continues to be registrable property.
(K) Failure to register. 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 city.
(L) Recovery of costs. If any property is in violation of this chapter the city 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 in bringing the property into compliance.
(Ord. 04-2020, passed 3-17-20)
§ 153.07 INSPECTION AND REGISTRATION OF REAL PROPERTY NOT SUBJECT TO A MORTGAGE IN FORECLOSURE.
(A) Registration required. Any owner of vacant property located within the city shall within ten days after the property becomes vacant, register the real property with the city registry.
(B) Informational requirements. Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, e-mail address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and that person's address and e-mail address.
(C) Sale or transfer. If the property is sold or transferred, the new owner is subject to all the terms of this chapter. Within ten 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 the previous owner's involvement with the vacant property.
(D) Past-due registration. If the vacant property is not registered, or either the registration fee or the semi-annual registration fee is not paid within 30 days of when the registration or semi-annual registration is required pursuant to this section, a late fee shall be added for every 30-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.
(E) Continuing obligation. Properties subject to this chapter and the inspection, security, and maintenance standards of this chapter shall remain so as long as the property is vacant.
(F) Failure to register. 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 city.
(G) Recovery of costs. If any property is in violation of this chapter the city 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.
(H) Duplicate registrations not required. Properties registered as a result of vacancy are not required to be registered again if a mortgage foreclosure is filed.
(Ord. 04-2020, passed 3-17-20)
§ 153.08 MAINTENANCE REQUIREMENTS.
(A) Exterior kept clean. 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 (unless required by law), discarded personal items including but not limited to: furniture, clothing, large and small appliances, printed material, and any other items that give the appearance that the property is abandoned.
(B) Removal of graffiti. 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.
(1) Acceptable materials 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.
(2) Regularly scheduled maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
(D) Pools and spas. Pools and spas of shall be maintained so the water remains free and clear of pollutants and debris and shall comply with all applicable codes and statutes.
(E) Failure to maintain. Failure of the mortgagee, owner, and transferee to properly maintain the property is a violation of this chapter. Pursuant to a finding and determination by the City Manager and upon notice if required, the city may perform such maintenance or take other necessary action to ensure compliance with this section.
(F) Compliance with other codes. Nothing in this chapter relieves the owner or mortgagee from responsibility to comply with all other codes applicable to the property.
(Ord. 04-2020, passed 3-17-20)
§ 153.09 SECURITY REQUIREMENTS.
(A) Property maintained in a secure manner. Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
(1) 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.
(2) All broken windows shall be secured by re-glazing of the window.
(3) 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.
(B) Failure to secure. Failure of the mortgagee, owner, and transferee to properly inspect and secure the property is a violation of this chapter. Pursuant to a finding and determination by the City Manager and upon notice if required, the city may perform secure the property or take other necessary action to ensure compliance with this section.
(Ord. 04-2020, passed 3-17-20)
§ 153.10 REQUIREMENTS SUPPLEMENTAL.
The requirements of this chapter are cumulative with and in addition to other available remedies. Nothing in this chapter shall prohibit the city 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.
(Ord. 04-2020, passed 3-17-20)
§ 153.11 PUBLIC NUISANCE.
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 is necessary for the health, welfare, and safety of the residents of the city.
(A) Serious threat. If the enforcement officer has reason to believe that a property subject to this chapter is posing a serious threat to the public health, safety, and welfare, the enforcement officer may temporarily secure the property at the expense of the mortgagee or owner, and may issue a summons to address the conditions of the property. Nothing herein shall limit the city from abating any nuisance or unsafe condition by any other legal means available to it.
(1) The city shall have the authority to require 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 prevent further decline of the property.
(2) If the condition of the property is posing a serious threat to the public health, safety, and welfare, the City Manager is authorized to take action to abate the violations and assess the cost of the abatement to the property.
(B) Recovery of costs. If not reimbursed within 30 days of notice of costs incurred, the city may place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.
(Ord. 04-2020, passed 3-17-20)
§ 153.12 CONTRACTED SERVICES.
The city may contract with an entity to implement this chapter, and, if so, any reference to the enforcement officer herein shall include the entity the city contract with for that purpose.
(Ord. 04-2020, passed 3-17-20)
§ 153.13 OPPOSING, OBSTRUCTING ENFORCEMENT OFFICER PROHIBITED.
No person shall oppose obstruct or resist any enforcement officer or any person authorized by the City Manager in the discharge of duties as provided in this chapter.
(Ord. 04-2020, passed 3-17-20)
§ 153.14 IMMUNITY OF ENFORCEMENT OFFICER.
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.
(A) Fees. At the time of initial registration each registrant shall pay a non-refundable semi-annual registration fee of [fee amount] for each property. Subsequent non-refundable semi-annual renewal registrations of properties and fees in the amount of [fee amount] are due within ten 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 city'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.
(B) At the time of initial registration each registrant shall pay a non-refundable semi-annual registration fee of [fee amount] for each vacant property. Subsequent non-refundable semi-annual renewal registrations of vacant properties and fees in the amount of [fee amount] are due within ten 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 city's department dedicated to the cost of implementation and enforcement of this chapter, and fulfilling the purpose and intent of this chapter.
(Ord. 04-2020, passed 3-17-20)