Chapter 8.13
DISTRESSED RESIDENTIAL PROPERTY REGISTRATION
Sections:
8.13.020 Registration – Security and maintenance obligation.
8.13.030 Registration – Information required – Change in ownership.
8.13.040 Maintenance obligations.
8.13.050 Security obligations.
8.13.060 Inspection requirement.
8.13.070 City notice of noncompliance – Appeal – City abatement.
8.13.080 Penalties – Citation – Remedies not exclusive.
8.13.010 Definitions.
The following definitions apply 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 (2017) et seq., or to nonjudicial foreclosure pursuant to ORS 86.764 to 86.782 (2017); or
2. Residential property that is both vacant and was the subject of either a judicial execution sale under ORS 18.901 (2017) et seq., or nonjudicial foreclosure pursuant to ORS 86.764 to 86.782 (2017) 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 residential property.
“Manager” means city manager or the manager’s designee.
“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 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(2017).
“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, government employees that the property is uninhabited or vacant. (Ord. 2019-11 § 1; Ord. 2017-22 § 1)
8.13.020 Registration – Security and maintenance obligation.
All owners of abandoned residential property and vacant foreclosed residential property shall continuously comply with the registration, security, maintenance and inspection requirements imposed by this chapter. (Ord. 2017-22 § 1)
8.13.030 Registration – Information required – Change in ownership.
A. Residential property shall be registered by the owner(s) thereof with the manager 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 (2017) and not later than the date first set for the execution sale described in ORS 18.930 (2017);
2. Of an anticipated nonjudicial foreclosure of the property done pursuant to ORS 86.764 to 86.782 (2017) not later than the date of service or mailing of the notice of sale described in ORS 86.764 (2017); or
3. An owner receives written notice from the manager that the manager believes the residential property is vacant.
B. Each registration shall be on a form approved by the manager and contain, at a minimum, the following:
1. The name of the trustee or mortgagee;
2. The name of the beneficiary (if different) 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; and
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 Lincoln City Municipal Code, including code responsibility for Chapters 8.10 (Property Maintenance) and 8.12 (Nuisance) LCMC and the requirements of this chapter.
C. Each registration shall be accompanied by payment of a registration fee in an amount set by council resolution.
D. The manager 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 sent to the manager not later than 30 days after the change. (Ord. 2019-11 § 2; Ord. 2017-22 § 1)
8.13.040 Maintenance obligations.
The owners of residential property determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause the property to be maintained consistent with Chapter 8.10 LCMC (Property Maintenance). In addition, the maintenance obligations of this chapter include not violating any provision of Chapter 8.12 LCMC (Nuisances). Maintenance includes, but is not limited to, maintaining the property in a generally kempt condition consistent with 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. (Ord. 2017-22 § 1)
8.13.050 Security obligations.
A. The owners of residential property determined to be or registered as abandoned residential property or vacant foreclosed residential property shall cause the property to be secured (including closure and locking of windows, doors, gates and other opening(s) allowing access to the dwelling) and thereafter to be maintained so as not to be readily accessible to unauthorized persons.
B. Residential property subject to subsection (A) of this section shall be continuously posted with a notice (printed and legible with a font size no less than 12 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. 2017-22 § 1)
8.13.060 Inspection requirement.
The local individual or entity identified in the registration required by LCMC 8.13.030 shall inspect the residential property on not less than a monthly basis to ensure that the requirements imposed by the terms of LCMC 8.13.040 to 8.13.050 are met. (Ord. 2017-22 § 1)
8.13.070 City notice of noncompliance – Appeal – City abatement.
A. In the event the manager believes an owner has failed to meet the registration, maintenance, security or inspection obligations of this chapter, the manager shall send notice of said failure to the owner at the address listed on the tax rolls of the county maintained consistent with ORS 311.560 (2017) or at such other address as may be known to the manager. The notice shall set out the nature of the failure(s) to be corrected and shall give the owner deadline(s) within which the owner must remedy the violation(s). If the violation is failure to register or maintain posting of the premises, the owner shall have no less than 10 days from such written notice to register or post the property before daily fines will accrue. If the violation concerns maintenance, inspection or security of the premises, the owner shall have no less than 30 days to comply, unless the manager finds that the condition of the property constitutes a public health or safety threat, in which case the notice may specify compliance is required in less than 30 days. Notice under this chapter may be combined with or incorporate Chapters 8.10 and 8.12 LCMC notice requirements. Unless a health and safety threat is presented, the longer time frames for compliance shall control. Summary abatement is authorized consistent with Chapter 8.12 LCMC findings and procedures.
B. A decision of the manager that a violation exists is subject to appeal pursuant to the uniform administrative appeals ordinance (Chapter 1.26 LCMC). Such appeal shall be filed in strict compliance with LCMC 1.26.030. Any failure to comply is a jurisdictional defect. The appeal fee is considered a deposit toward the actual costs of the appeal. If the appellant prevails, no fees are charged against the appellant.
C. In the event the owner fails to remedy the matters within the time set out in the notice or such longer period as set forth in a negotiated compliance agreement, and no due process appeal hearing is timely requested, the city may then enter the property and cause the failures to be corrected, charging the costs thereof to the property as a lien. Unless written consent to the abatement is given, the city may also seek a warrant before performing such abatement. (Ord. 2019-11 § 3; Ord. 2017-22 § 1)
8.13.080 Penalties – Citation – Remedies not exclusive.
A. Any person who violates any of the provisions of this chapter commits a Class “B” violation and may be cited in accordance with Chapter 1.16 LCMC. Each day’s violation of a provision of this chapter constitutes a separate offense.
B. The abatement of a condition violating this chapter, including any nuisance, is not a penalty for violation of this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, complete abatement of a violation within the time specified in the notice will relieve the person responsible from the imposition of any fine for the subject noncompliance period.
C. The city may, as an alternative to other remedies, institute injunctive or other appropriate proceedings to prevent, enjoin temporarily or permanently, or remove a nuisance that is in violation of this chapter. (Ord. 2017-22 § 1)