Oakland Municipal Code Art. III Registration

The following properties must be registered with the City as part of the Foreclosed and Defaulted Residential Property Registration and Abatement Program:

A. Vacant and Occupied Residential Properties with a Recorded Notice of Default.

1. Within 30 days of recording a notice of default with the Alameda County Clerk-Recorder's Office, a responsible party or its designee shall perform an inspection of the property that is the security for the deed of trust the notice of default is recorded against.

2. If the property is found to be vacant or shows sufficient evidence of vacancy that it is deemed to be abandoned, by this Chapter or under the deed of trust, the responsible party shall, within 30 days of the inspection, register with the City and pay the required registration fee pursuant to O.M.C. Section 8.54.20. If the property is deemed abandoned, the Beneficiary shall invoke an abandonment or any other appropriate provision express or implied in the deed of trust to permit the beneficiary to assume possession or control of the property sufficient to permit the beneficiary or other responsible party to comply with the requirements of this Chapter.

3. If the property is occupied and a notice of default has been recorded against the property, the responsible party or its designee shall:

a. Register the property pursuant to O.M.C. Subsection 8.54.200.A.2., but shall not be required to pay a registration fee; and

b. Inspect the property pursuant to O.M.C. Section 8.54.310 until:

i. The notice of default is withdrawn or rescinded; or

ii. The property becomes vacant and/or shows sufficient evidence of vacancy, at which time the responsible party or their designee shall, within 30 days of that inspection, register the property as vacant and pay the required registration fee described in O.M.C. Section 8.54.230 for vacant and defaulted properties.

c. If the property subject to a recorded notice of default is occupied by a tenant or tenants, any responsible party or its designee shall provide the tenant(s) with a written statement of his/her/their rights in a form approved by the Building Official. The written statement shall be either mailed to the tenants at the physical address of the property or securely posted on the property. If the written statement is posted on the property, the paper used shall be weather-resistant.

B. Vacant and Occupied Foreclosed Residential Properties.

1. All residential property that has been the subject of a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure or through a deed in lieu of foreclosure.

2. Such properties must be registered within 30 days of transfer to the beneficiary.

3. Foreclosed properties lawfully occupied by tenants under leases entered into by the previous landlord (i.e. trustor) shall register with the City, pay the registration fee under this Chapter, and comply with all applicable Oakland and State landlord-tenant laws.

4. If the property is found to be vacant or shows sufficient evidence of vacancy and has already been registered, the responsible party shall, within 30 days of the vacancy, change the status of the property to vacant on the City's registration, without paying an additional fee.

C. A responsible party shall ensure that the utilities of lawfully occupied properties are not terminated and if terminated shall ensure that the utilities are reinstated, unless the responsible party has written, credible evidence that the tenant is responsible under a valid rental agreement to pay for the cost of utilities or any individual utility.

D. It is the obligation of the responsible party to inform the City of any pending action, such as bankruptcy, other court or administrative action that would prohibit the responsible party from taking any of the actions required in this Chapter.

(Ord. No. 13126, § 2, 6-19-2012)

Within ten days of a property transaction involving a change in the identity of an owner or the owner of record, a transfer/assignment of a loan or deed of trust, or alternatively a substitution of beneficiary of deed of trust secured by property located within Oakland, each beneficiary and trustee engaged in said transaction or transfer/assignment/substitution shall record, via the Alameda County Clerk-Recorder's Office, an instrument reflecting the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents. This section applies only to residential properties that would be subject required to register pursuant to this Chapter if a notice of default is recorded.

(Ord. No. 13126, § 2, 6-19-2012)

A. Registration may be accomplished by either or both of the following methods:

1. By completing and returning to the Building Official a City-provided registration form with required fee; and/or

2. Registering online at a website established by the City for the purpose of registering properties under this Chapter.

B. The registration shall contain the name, direct contact information including telephone number, direct street/mailing address (no P.O. boxes) of the responsible party/parties. If, pursuant to this Chapter, the hiring of a local property management company is required, the name, direct street/mailing address (no P.O. boxes) and telephone number of the local property management company responsible for inspecting, securing, and maintaining the property shall also be disclosed on the registration form.

C. The registration shall also include a written report in an approved format of an interior and exterior inspection of the premises by an approved local individual or firm attesting to the conditions of the property, including exterior blight, interior habitability, utility service, and secured openings, and a written plan detailing the means, methods, and times for periodic inspections and the local individual or firm who shall be responsible for assuring compliance with provisions of this Chapter.

D. The registration shall be renewed annually until the subject property is no longer subject to registration under this Chapter. Any changes to the information required on the registration shall be reported to the permit center in writing within ten days of the change. The City is not responsible for verifying the accuracy of the information provided.

E. Responsible parties are affirmatively required to deregister properties once these properties are no longer subject to registration pursuant to this Chapter.

F. The registration or deregistration may also require such information as may be deemed important by the Building Official to implement this Chapter.

(Ord. No. 13126, § 2, 6-19-2012)

Fees for registration of all properties required to be registered pursuant to this Chapter are set out in the master fee schedule. In the case of hard copy registration under Subsection 8.54.220.A.1., initial registration fee shall accompany the registration form. The City may provide for electronic payment of fees that are registered through the City's website. Otherwise, fees must be received by the City within ten days of the date of registration. Fees shall be fully paid at the time of submitting the statement of registration to the City and annually thereafter on the anniversary date of submittal, unless a subsequent ordinance of the City Council to amend the master fee schedule otherwise specifies.

(Ord. No. 13126, § 2, 6-19-2012)

The responsible party shall immediately advise the City in writing of a material change in the status of a property subject to this Chapter, including, but not limited to, becoming blighted, unsecured, fire damaged, hazardous, or uninhabitable, occupied, or having a change in ownership.

(Ord. No. 13126, § 2, 6-19-2012)

A. In the event that a property is encumbered by the security interests of more than one beneficiary at the time when a notice of default is recorded, the beneficiary who first causes a notice of default for its security interest to be recorded shall be responsible for registering the property with the City as provided in O.M.C. Section 8.54.220.

B. Upon recordation of a notice of default on a property by any beneficiary, regardless of the security lien interest priority of such beneficiary in the property in relation to the priority of the security interests of the other beneficiaries in the same property, the City, in its discretion may elect to enforce the provisions of the chapter against one or more beneficiaries who have not separately recorded a notice of default against the property.

(Ord. No. 13126, § 2, 6-19-2012)