Article I — Intent

This Chapter 8.54 and the provisions herein shall be known as the "Foreclosed and Defaulted Residential Property Registration and Abatement Program" and may be cited as such, and will be referred to herein as "this Chapter."

(Ord. No. 13126, § 2, 6-19-2012)

The purpose of this Chapter is to promote the health, safety, and general welfare of the residents, workers, visitors, property owners, and proprietors of the City and the economic stability and viability, and livability

of neighborhoods in the City by requiring the registration and monitoring of foreclosed and defaulted residential properties. This program will protect and preserve the livability, appearance, and social fabric of the City and will also protect the public from health and safety hazards and the impairment of property values resulting from the neglect and deterioration of real property and improvements.

It is the intent of the City Council, through the adoption of this Chapter, to establish a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of occupied and vacant foreclosed and vacant defaulted residential properties; to establish a foreclosed and defaulted residential property registration and abatement program; and to set forth guidelines for the maintenance of occupied and vacant and/or distressed residential properties. In addition, this Chapter provides for the registration and inspection of occupied defaulted residential properties to aid on foreclosure prevention efforts and because such properties have an increased potential to become vacant or blighted.

(Ord. No. 13126, § 2, 6-19-2012)

A.

The provisions of this Chapter shall apply to the following properties in the City:

Vacant residential properties that are the subject of a recorded notice of default;

Lawfully occupied residential properties that are distressed (notice of default recorded); and

Vacant and occupied residential properties that have been foreclosed upon.

(Ord. No. 13126, § 2, 6-19-2012)

The Building Official and his or her designees are authorized to enforce the provisions of this Chapter.

(Ord. No. 13126, § 2, 6-19-2012)

The provisions of this Chapter shall not apply to properties owned by the United States of America, the State of California, the County of Alameda, the City, or to any of their respective agencies or political subdivisions, except those over which the City has authority to assert jurisdiction; nor shall it apply to the Oakland Housing Authority. It is the intent of this Chapter to apply to and not exclude any property in which entities, including, but not limited, to the Federal National Mortgage Association (FNMA), the Government National Mortgage Association (GNMA), California Housing Finance Agency (CHFA), or any similar entity, has any financial or legal interest, ownership or otherwise, unless such entity can demonstrate to the City's

satisfaction or to a court that it is exempt from this Chapter or otherwise is not subject to City regulation on the basis of preemption or other legal basis.

(Ord. No. 13126, § 2, 6-19-2012)

For the purposes of this Chapter, certain words and phrases are defined and certain provisions shall be construed as set forth herein, unless it shall be apparent from the context that they have different meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

"Abandoned" means any building, structure or real property that is vacant or occupied by a person or persons without a legal right of occupancy.

"Accessible" means a property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecured gate, door, fence, wall, window, or other point of entry.

"Agreement" means any agreement or written instrument which provides that title to real property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.

"Beneficiary" means a lender or other person or entity holding, owning, participating in, or otherwise having an interest in the proceeds for a loan represented by a note secured by a deed of trust.

"Blighted" has the same meaning as set forth in Chapter 8.24.

"Boarded" means the partial or full covering, securing, or reinforcing with plywood, lumber, or comparable materials of windows, skylights, doors/sidelights/transoms, underfloor access, and similar exterior openings in buildings or portions thereof which is intended to dissuade, mitigate, and prevent vandalism and unauthorized entry.

"Building Official" has the same meaning as set forth in the Oakland Building Construction Code, and includes his or her designee, and his or her successor in title or successor position.

"Building Services Division" means that division or other part of the City administration delegated with enforcing building and housing codes and property blight or its successor or other division later delegated with these duties.

"Certified property manager" means a licensed property manager who has have received additional training in the field of residential property management and has a certification in property management such as a California Certified Residential Manager (CCRM), Certified Property Manager (CPM®), Certified Apartment Manager (CAM), or the equivalent certification, or can demonstrate the equivalent training and experience in managing residential rental property in Oakland, including knowledge of State and Oakland rent and eviction laws pursuant to standards established by the City administration.

"Days" means consecutive calendar days, unless otherwise stated.

"Deed in lieu of foreclosure" means a recorded document that transfers property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust, without completion of a

foreclosure proceeding.

"Deed of trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, i.e. second trust deed, third trust deed, etc.

"Default" means the failure to fulfill a contractual obligation, monetary or conditional.

"Distressed" means any property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right to occupancy.

"Evidence of occupancy" means any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include but are not limited to secured/locked structures; active utility services; the absence of overgrown and/or dead vegetation; the absence of an accumulation of newspapers, circulars, flyers and/or mail; the absence of an accumulation of shutters; the presence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.

"Evidence of vacancy" means any condition visible from the exterior that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

"Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold to satisfy the debt of a defaulting trustor (borrower), including a transfer by deed in lieu of foreclosure.

"Inspection" means a physical investigation at a property to obtain evidence of occupancy or vacancy, or the physical condition of the property and/or to verify compliance with this Chapter and any other applicable code or law. In the case of a property that is the subject of a notice of default, but has not yet been foreclosed, the inspection need only consist of a visual inspection of the exterior of the property.

"Local property management company" means a property management company and/or certified property manager that is either based or maintains an office within 20 miles of City limits and has a current business tax certificate issued by the City.

"Notice of default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale.

"Oakland Building Construction Code" means Chapter 15.04, as may be amended from time to time.

"Occupied" means lawful habitation of the property by trustor or tenants.

"Openings" mean a window, skylight, door/sidelight/transom, underfloor access, or similar exterior opening in a building which is broken; or cannot be fully closed; or has an improperly functioning, unapproved, or missing securing device; or is partially or fully missing; or any combination of these conditions.

"Out-of-area" means in excess of 20 miles from City limits.

"Owner" means any real person, partnership, association, corporation, limited liability company, limited partnership, fiduciary, estate, or any other legal entity having a legal or equitable title in the property.

"Owner of record" means the person holding recorded title to the residential real property on question at any point in time when official records are produced by the Alameda County Clerk-Recorder's Office.

"Property" means any unimproved or improved real property, or portion thereof, situated in the City including the buildings, structures, or other improvements located on the property regardless of condition.

"Residential" means property which only contains a residential occupancy, as set forth in the Oakland Building Construction Code, except for attached storage and automobile parking facilities.

"Responsible party" means the owner of the property, or the beneficiary and/or trustee pursuing foreclosure of a property subject to this Chapter secured by a mortgage, deed of trust or similar instrument, or the owner of the property following a foreclosure, if the owner is the beneficiary, subsidiary or affiliate of the beneficiary, or is otherwise associated with the beneficiary. Responsible party excludes the pre-foreclosure property owner(s).

"Securing" means such measures as may be directed by the Building Official or his or her designee so that the property is not accessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings.

"Shall/will" means a definitive directive which includes the ordinary accepted meaning of the word "must."

"Substitution of beneficiary of deed of trust" means an instrument that transfers the beneficial interest under a deed of trust from one beneficiary to another.

"Trustee" is the person, firm, entity, or corporation holding a deed of trust secured by the property.

"Trustor" is a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.

"Turf stain" means the application of an environmentally safe stain or dye that colors dead/dormant vegetation green.

"Vacant" means any building, structure or real property that is unoccupied or occupied by a person without a legal right to occupy.

(Ord. No. 13126, § 2, 6-19-2012)

Where terms are not defined in this Chapter, they shall have their ordinary accepted meanings within the context with which they are used.

(Ord. No. 13126, § 2, 6-19-2012)