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(a) Within 10 days of the date that the property becomes registrable, the mortgagee shall:

(1) Register the real property and indicate whether the property is vacant; and

(2) If the property is vacant, the mortgagee shall designate in writing a property manager to inspect, maintain and secure the real property. A separate registration will be required for each registrable property.

(b) Initial registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, email address, telephone number and name of the property manager and the manager’s mailing address, email address, and telephone number.

(c) At the time of initial registration each registrant shall pay a nonrefundable semiannual registration fee to be determined by the Director, with the approval of the City Manager, in an amount not to exceed $500.00 for each registrable property. Subsequent semiannual registrations of registrable properties and fees in that amount shall be due within 10 days of the expiration of the previous registration.

(d) If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee’s involvement with the property.

(e) If the mortgagee sells or transfers the registrable 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. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee’s involvement with the property.

(f) Properties subject to this section shall remain subject to the semiannual registration requirement, the security, and maintenance standards of this section as long as the property remains registrable.

(g) Failure of the mortgagee and/or owner to properly register, pay the registration fees, or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to a civil penalty of not to exceed $250.00 for each violation. Each property shall constitute a separate offense. A citation may be issued every 30 days by the Director until a registration statement, payment of the registration fees, amendment, or other statement required by this chapter is filed.

(h) If the civil penalties are not paid within 30 days from the payment date or, if appealed pursuant to Chapter 2.45 TMC, 30 days from the final decision of the Hearing Officer, the obligation shall constitute a lien upon the real property and shall be assessed as a special assessment against the property that is the subject of the requirement. The City Clerk shall certify the unpaid portion of the penalty to the County Clerk who shall collect the assessment at the same time as ad valorem property taxes. (Ord. 20223 § 4, 11-19-19.)

Cross References:City Clerk, TMC 2.20.010; Planning and Development Department, TMC 2.20.080.