Sec. 179.104. - Inspection and registration of Defaulted property by Mortgagee holding mortgages in Default.

The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees . (a) Any Mortgagee who holds a mortgage on real property located within the City of Jacksonville shall perform an inspection of the property upon it being in Default or Defaulted by the mortgagor or prior to the issuance of a notice of default. (b) Property inspected pursuant to subsection (a) above that remains in Default or Defaulted, shall be inspected every 30 days by the Mortgagee or Mortgagee's designee. (c) Within ten days of the date any Mortgagee declares its mortgage to be in Default or Defaulted, the Mortgagee shall register the real property with the City of Jacksonville's Foreclosure Registry, and 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 in Default or Defaulted. A separate registration is required for each Defaulted property. (d) 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. (e) At the time of initial registration each registrant shall pay a non-refundable annual registration fee for each Defaulted property. Subsequent Annual Renewals of Defaulted properties and fees are due within 30 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 Section 179.110 below. Said fees shall be deposited to a special account in the Neighborhoods Department dedicated to the cost of implementation and enforcement of this ordinance, and fulfilling the purpose and intent of this Chapter, consistent with the policy adopted by the Neighborhoods Department in Section 179.110 , and any registries so required. None of the funds provided for in this Section shall be utilized for the legal defense of foreclosure actions. (f) Beginning on July 1, 2015, each individual property on the Foreclosure Registry that has been registered for 12 months or more prior to that date shall have 30 days to renew the registration and pay the annual renewal fee. The anniversary date for annual renewal of registration for these properties shall be deemed to be July 1 each subsequent year. Properties registered less than 12 months prior to July 1, 2015 shall use the date of initial registration as their annual renewal date and shall pay the fee on the anniversary of the initial registration each subsequent year. (g) If the mortgage on a Defaulted property is sold or transferred, within ten days of the transfer or sale, the new Mortgagee shall update the existing registration and shall be responsible for all required renewals and updates during the new Mortgagee's involvement with the Defaulted property. The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees and fines accrued during that Mortgagee's involvement with the Defaulted property. The provisions of this Section are cumulative with and in addition to other available remedies. Moreover, the Director of the Neighborhoods Department or his or her designee is authorized and empowered to refer the previous Mortgagee's non-payment of previous fees and fines to the Special Magistrate or a court of competent jurisdiction for enforcement. (h) If the Mortgagee sells or transfers the Defaulted 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, and within ten days of the transfer, shall register the Defaulted property or update the existing registration. The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees and fines accrued during that Mortgagee's involvement with the Defaulted property. The provisions of this Section are cumulative with and in addition to other available remedies. Moreover, the Director of the Neighborhoods Department or his or her designee is authorized and empowered to refer the previous Mortgagee's non-payment of previous fees and fines to the Special Magistrate or a court of competent jurisdiction for enforcement. (i) If the Defaulted property is not registered or either the registration fee or the Annual Renewal fee is not paid within 30 days of when the registration or Annual Renewal is required pursuant to this Section, a late fee per property shall be charged for each month the registration or Annual Renewal remains unpaid or unregistered/renewed during that registration period. This Section shall apply to the initial registration and registrations required by subsequent owners of the Defaulted mortgage and/or Defaulted property. (j) 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. (k) Properties subject to this Section shall remain subject to the Annual Renewal requirement, and the inspection, security, and maintenance standards of this Section as long as the mortgage is under foreclosure or in Default or Defaulted. (l) 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 ordinance is a violation of this Chapter and shall be subject to enforcement by any of the enforcement means available to the City of Jacksonville. (m) Pursuant to any judicial finding and determination that 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 bring the property into compliance. (Ord. 2010-327-E, § 2; Ord. 2011-371-E, § 6; Ord. 2013-209-E, § 40; Ord. 2015-340-E , § 2; Ord. 2017-665-E , § 12; Ord. 2018-104-E , § 1)