CHAPTER 99
ABANDONED RESIDENTIAL PROPERTY REGISTRATION
Section
99.05 Registration of abandoned real property
99.06 Maintenance requirements
99.01 LEGISLATIVE INTENT.
It is the purpose and intent of the governing body of the City of Rio Rancho, through adoption of this chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
(Ord. 11-23)
99.02 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABANDONED REAL PROPERTY. Any residential property that is vacant or illegally occupied, and is under a current notice of default and/or notice of mortgagee’s sale by the lender or the subject of a tax lien sale, and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
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 not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults, including the recording of a lis pendens in contemplation of a foreclosure.
INSPECTION. A close viewing of the property and the exterior of any structures located thereon placed as security for a real estate loan and includes a viewing of any interior portions of the structure, which are visible from the outside of the structure. An inspection does not require an entry into any structure for the purpose of viewing the interior.
MORTGAGE. Any instrument, including, but not limited to, a mortgage as commonly known, installment land contract, or deed of trust, by which a loan is secured by an interest in real property.
PROPERTY MANAGEMENT COMPANY. A property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANT. Not legally occupied.
(Ord. 11-23)
99.03 APPLICABILITY.
Nothing in this chapter shall be interpreted to circumvent any other city or state law regarding foreclosure or nuisances, and this chapter shall be an additional remedy available to the city above and beyond any other state or city law regarding the same or similar subject matter.
(Ord. 11-23)
99.04 PUBLIC NUISANCE.
All abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power of the city is hereby declared to be necessary for the health, welfare and safety of the residents of the city.
(Ord. 11-23)
99.05 REGISTRATION OF ABANDONED REAL PROPERTY.
(A) Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed to be abandoned and the mortgagee shall, within 10 days of the inspection, register the property with the Police Department’s Code Enforcement Division, or designee, on forms provided by the city. A separate registration is required for each vacant property. Registration fees shall be set by the governing body and located in the schedule of fees for city services.
(B) If the property is occupied but remains in default, it shall be inspected by the mortgagee or its designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, register the property as provided in subsection (A) of this section.
(C) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address, facsimile number and e-mail address of the mortgagee, the name and mailing address of the mortgagee’s registered agent for service of process, a direct contact name and telephone number of mortgagee’s contact, and, in the case of a corporation or out-of-area mortgagee, the local property management company responsible for the security and maintenance of the property.
(D) The requirements of this section shall also apply to properties that have been the subject of a foreclosure sale where title was transferred to the mortgagee/beneficiary of a mortgage involved in the foreclosure and properties transferred under a deed in lieu of foreclosure/sale.
(E) Properties subject to this section shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.
(F) Any person or corporation that has registered a property under this section must report any change of information contained in the registration to the city within 10 days of the change.
(Ord. 11-23)
99.06 MAINTENANCE REQUIREMENTS.
(A) The exteriors of the properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, an accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or city law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material, vehicles, vessels and trailers and/or any other items that give the appearance that the property is abandoned.
(B) The exteriors of the property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the exterior color of the structure.
(C) Front, side and rear yard landscaping shall be maintained in accordance with city ordinances in effect at the time registration is required pursuant to this chapter.
(D) Landscaping shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, and artificial turf/sod.
(E) Maintenance shall include, but shall not be limited to, watering, cutting, and mowing of required landscape and removal of yard waste.
(F) Pools and spas shall be maintained so that the water remains free and clear of pollutants and debris. Pools and spas shall comply with any applicable legal enclosure requirements.
(G) Failure of the mortgagee or property owner of record to properly maintain the property as described herein shall result in a violation of this chapter. Pursuant to this chapter, and any other applicable city or state law, the city may take any necessary abatement action to ensure compliance with this chapter.
(Ord. 11-23)
99.07 SECURITY REQUIREMENTS.
(A) Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
(B) A secure manner shall include, but shall 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 and other openings shall be secured as applicable by reglazing or temporary boarding of the windows, doors, or other openings until permanent repairs are accomplished.
(C) If the property is owned by a corporation or out-of-area mortgagee, a local property management company shall be contracted to perform monthly inspections to verify compliance with the requirements of this chapter.
(D) The local property management company shall inspect the property on a monthly basis to ensure the property is in compliance with this chapter. Upon the request of the city, the property management company shall provide a copy of the inspection report(s) to the Code Enforcement Division.
(Ord. 11-23)
99.08 ADDITIONAL REQUIREMENTS.
The Code Enforcement Division, or designee, shall have authority to require the mortgagee or owner of record of any property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any and all door, window or other openings, or other measures as may be reasonably required to help prevent further decline of the property.
(Ord. 11-23)
99.09 VIOLATION/PENALTY.
Penalties for any violation of this chapter shall be as provided in Section 10.99.
(Ord. 11-23)