Title 19 · Chapter 19 - PROPERTY MAINTENANCE AND STRUCTURAL STANDARDS

Registration of real property mortgagee holding mortgages in default

Section: 19-135

(a)

Any mortgagee who holds a mortgage on real property located within the City of Tampa shall perform an inspection of the property upon default by the mortgagor or 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 vacant or abandoned and the mortgagee shall, within fifteen (15) calendar days of the inspection, register the property with the City of Tampa. If the property was not vacant at the time of default but becomes vacant sometime thereafter, the mortgagee shall register the property with the City of Tampa, no later than fifteen (15) calendar days after the date the mortgagee discovers or is notified the property in default is vacant.

(b)

If the property is occupied but remains in default, it shall be inspected monthly by the mortgagee or mortgagee's designee.

(c)

Registration. Registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, e-mail address, and telephone number and name of the local property manager and said person's address, e-mail address, and telephone number. The local property manager shall be responsible to inspect, secure and maintain the property. The local property manager named in the registration shall be available to be contacted by the city, Monday through Friday between 9:00 a.m. and 5:00 p.m., except recognized city holidays. The local property manager shall respond to any report of a violation of this division, or the violations of any other city ordinances, within twenty-four (24) hours of notice. The City of Tampa shall charge a fee as set by resolution of the City of Tampa City Council for the registration and it may assign and delegate the collection of such fee to an independent contractor.

(d)

A separate registration is required for each vacant property that is subject to this division.

(e)

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.

(f)

Properties subject to this section shall be under an annual registration requirement as long as they remain vacant or subject to having been declared by a mortgagee to be in default.

(g)

Any person or other legal entity that has registered a property under this division must report any change of information contained in the registration within fifteen (15) calendar days of the change.

(h)

Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this division is a violation of the Code of Ordinances of the City of Tampa and shall be subject to enforcement by any of the enforcement means available to the City of Tampa.

(i)

Pursuant to a finding and determination that any property is in violation of the Code of Ordinances of the City of Tampa, the city may take the necessary action to ensure compliance with its ordinance and place a lien on the property for the cost of the work performed to benefit the property and to bring it into compliance, which lien may be assigned to either the entity that performs the work or arranges to have the work performed.

(j)

Registration of the property will no longer be required upon the occurrence of either of the events set forth below. There will not be a refund of any registration fee already paid to the city.

(1)

The property is transferred from the mortgagee to a third party in an arm's length transaction and proof of the transfer is provided to the city.

(2)

The property becomes occupied and evidence of occupancy is provided to the city. If the property subsequently becomes vacant prior to transfer of the property as contemplated in paragraph (j)(1) above, registration of the property will again be required.

(Ord. No. 2009-180, § 7, 12-17-09; Ord. No. 2010-40, § 3, 5-6-2010)