Pine Lake City Zoning Code

(a)

The governing authority finds that there is a need to establish a foreclosure registry as a mechanism to protect property values in neighborhoods for all property owners.

(b)

Due to the lack of adequate maintenance and security of properties that are foreclosed or where ownership has been transferred after foreclosure, the property values and quality of life of neighboring properties are negatively impacted.

(c)

Improperly maintained and secured foreclosed properties can become a hazard to the health and safety of persons who may come on or near the property and can be adversely affect aesthetic and economic attributes of communities. Difficulties also often arise in locating the person responsible for the condition of foreclosed real property. The governing authority finds that there is a substantial need directly related to the public health, safety and welfare to comprehensively address these concerns through the adoption of the provisions in this article.

(d)

This foreclosure registry will require creditors or mortgagees to provide the city with official information for contacting a party responsible for bringing foreclosed real property into compliance with applicable provisions of Municipal Code of Pine Lake, Georgia.

(Ord. No. 02-2011, 10-25-2011)

For purposes of this section, certain phrases and words are defined below. Words or phrases not defined in this article, but defined in applicable state law or the Code of Pine Lake, Georgia, shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context requires otherwise. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

City shall mean City of Pine Lake, Georgia.

Chapter shall mean Chapter 19 of the Code of Pine Lake.

Creditor shall mean a person or entity to whom a debt is owed or who has a right to require the fulfillment of an obligation or contact, wherein said debt or right is secured by a deed to secure debt, deed of trust or other instrument conveying a lien upon or security title to real property.

Days shall mean consecutive calendar days.

Enforcement Officer shall mean any law enforcement officer, building official, fire inspector or code enforcement officer employed by or working on behalf of the City of Pine Lake or of DeKalb County.

Foreclosed real property, shall mean real property that is subject to any process under Title 44, Article VII of Georgia law whereby a grantor of a secured debt in real property is divested of all rights to said real property and title to the real property is not sold in an arms-length transaction but retained by a creditor or mortgagee after a foreclosure sale or proceeding or transferred to a creditor or mortgagee pursuant to a deed in lieu of foreclosure.

Local shall mean within the geographical boundaries of the City of Pine Lake.

Mortgagee shall mean a person or entity that holds or receives a deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to real property.

Property agent shall mean any person or entity empowered by a creditor, mortgagee, or transferee, as it pertains to the foreclosed real property, with authority:

(1)

To ensure security and maintenance;

(2)

To comply with code enforcement orders issued by the city;

(3)

To provide a trespass authorization upon request of an enforcement officer;

(4)

To conduct inspections;

(5)

To accept rental payments from tenants if no management company is otherwise employed; and

(6)

To serve as an agent authorized to receive any citation under this chapter and notice pertaining to any court proceeding or administrative enforcement proceeding in connection with the enforcement of this chapter.

Real property shall mean any improved residential or commercial land or portion thereof indentified by a property parcel identification number, located in the municipal limits of Pine Lake, Georgia.

Statement of Plan shall mean a specific written document prepared by the property owner regarding the maintenance or rehabilitation of the foreclosed real property which shall include the following:

(1)

The proposed maintenance plan to ensure compliance with all applicable code requirements; and

(2)

A description of what will be done to secure the structure and surrounding land so that it will not become open to the general public or create any safety hazards.

(Ord. No. 02-2011, 10-25-2011)

Any creditor or mortgagee that obtains foreclosed real property by way of a foreclosure sale or proceeding shall pay to the city an annual registration fee for each foreclosed property in the amount of $200.00 and register with the city:

(a)

Said creditor's or mortgagee's official contract information, including a name, title, street address, telephone number and e-mail address;

(b)

The official contact information, including a name, title, street address, telephone number and e-mail address of each property agent; if a creditor or mortgagee is local, it can designate itself as the local property agent;

(c)

The address, including parcel identification number, of the foreclosed real property; and

(d)

The statement of plan.

(Ord. No. 02-2011, 10-25-2011)

Any creditor or mortgagee who has foreclosed on real property and then transfers said foreclosed real property to a person or entity shall, within 30 days of said transfer, pay to the city a registration fee of $200.00 and register with the city:

(a)

The transferee's official contact information, including a name, title, street address, telephone number and e-mail address;

(b)

The official contact information, including a name, title, street address, telephone number and e-mail address of a local property agent; if transferee is local, it can be designated as the local property agent; and

(c)

The address, including parcel identification number, of the transferred foreclosed real property.

(Ord. No. 02-2011, 10-25-2011)

(a)

All creditors or mortgagees subject to registration or registered pursuant to this article shall:

(1)

Comply with applicable provisions of this chapter; and

(2)

Report any change in contact information to the city within 15 days of the change.

(b)

City may make foreclosure registry information accessible online.

(c)

Registration information shall be deemed prima fascia proof of the statements contained therein in any court proceeding or administrative enforcement proceeding in connection with the enforcement of this chapter.

(d)

Violation of this article shall be treated as a strict liability offense regardless of intent and shall be subject to a penalty in accord with the Code of Ordinances for the City of Pine Lake.

(Ord. No. 02-2011, 10-25-2011)