HomeMy WebLinkAbout5215 ORDINANCE NO. 5215
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting a new chapter, Chapter 6 10 of
the Bremerton Municipal Code entitled "Abandoned Property
Registration and Maintenance "
WHEREAS, the City Council believes vacant properties which have been
foreclosed, are pending foreclosure or are subject to foreclosure have an adverse and
deleterious impact on the vitality and livability of the areas in which they are located and on
the general well -being of the City and its residents, and
WHEREAS, the City Council has been informed that significant numbers of
vacant properties which have been foreclosed, are pending foreclosure or are subject to
foreclosure in Bremerton are owned and/or controlled by entities and/or individuals outside the
Bremerton area and as such, those entities and individuals may be reluctant to voluntarily
incur the cost and expense of adequately maintaining those properties to the standard found
in the areas surrounding the property, and
WHEREAS, the City Council believes it necessary that certain registration and
maintenance requirements be imposed on the owners and lenders of abandoned and vacant
real property in order to minimize, if not eliminate, some of the adverse effects those
properties have on the City and its residents, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. A new chapter, Chapter 6 10 of the Bremerton Municipal Code
entitled "Abandoned Property Registration and Maintenance" is hereby adopted to read as
follows
CHAPTER 6.10
ABANDONED PROPERTY REGISTRATION AND MAINTENANCE
6.10.010 PURPOSE
It is the purpose and intent of the Bremerton City Council to establish an abandoned real
property registration program to protect the community from becoming blighted as a result of
vacant properties that are abandoned and not properly secured and maintained Abandoned
properties are deemed to be a public nuisance This chapter requires that abandoned properties be
properly maintained by the owners, lenders, and other responsible persons Through the
registration process, lenders who have an interest in real property within the City that are vacant
and have been abandoned by the owners are required to maintain and secure these properties
6.10.020 DEFINITIONS
For the purposes of this chapter, certain words and phrases used in this chapter are
defined as follows
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Registration & Maintenance
"Abandoned" means a property that is vacant and 1) is under a current notice of default
and /or notice of trustee's sale, 2) is the subject of a pending tax assessor's lien sale, 3) has been
the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust
involved in the foreclosure, or 4) has been transferred under a deed in lieu of foreclosure /sale
"Accessible" means a property that is accessible through a compromised/ breached gate,
fence, wall, or similar condition or a structure/building that is unsecured and/or breached in such
a way as to allow access to the interior space by unauthorized persons
"Beneficiary" means a lender or holder of a note secured by a deed of trust
"Borrower" means any owner as defined in this section who becomes obligated on a real
estate loan agreement, either directly or indirectly, and includes, but is not limited to,
mortgagors, vendees under conditional land sales contracts and grantors under trust deeds
"City" means City of Bremerton
"Days" means consecutive calendar days
"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 and often used in Washington instead of a
mortgage This definition applies to any and all subsequent deeds of trust, i e , second trust deed
or third trust deed
"Deed in lieu of foreclosure /sale" means a recorded document that transfers ownership of
property from the borrower to the lender in lieu of foreclosure including, but not limited to, a
trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust
"Default" means the failure to fulfill a contractual obligation, monetary, or conditional
"Director" means the Director of Community Development or authorized designate
thereof
"Evidence of vacancy" means any condition that on its own or combined with other
conditions present would lead a reasonable person to believe that the property is vacant and not
occupied by authorized persons 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, dunk, and /or debris,
statements by neighbors, passersby, delivery agents, or government employees that the property
is vacant, and for residential properties, the absence of window coverings such as curtains,
blinds, and/or shutters, the absence of furnishings and/or personal items consistent with
residential habitation
"Foreclosure" means the foreclosure process by which a property, placed as security for a
real estate loan, is sold at auction, deed of trust foreclosure or a judgment is obtained to satisfy
the debt if the borrower defaults
"Lender" means any person who makes, extends, or holds a real estate loan agreement
and includes, but is not limited to, mortgagees, beneficiaries under deeds of trust, underwriters
under deeds of trust, vendors under conditional land sales contracts, trustees and a successor in
interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the
property The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu
of foreclosure
"Local" means within Kitsap County
"Notice of Default" means a default has occurred under a deed of trust and that the
beneficiary intends to proceed with a trustee's sale
"Out of area" means outside Kitsap County
"Owner" means any natural person, partnership, association, corporation or other entity
having legal title in real property including any borrower as defined in this section
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Registration & Maintenance
"Property" means any unimproved or improved, residential or commercial real property,
or portion thereof, situated in the City, and includes the buildings or structures located on the
property regardless of condition
"Responsible person" means any person, partnership, association, corporation, or
fiduciary having legal or equitable title to or any interest in any real property, including, but not
limited to an owner, borrower, and lender as defined in this section
"Securing" or "Secure" means such measures as may be directed by the Director that
assist in rendering the property inaccessible to unauthorized persons, including, but not limited
to, the repairing of fences and walls, chaining/padlocking of gates and the repair, replacement or
boarding of doors, windows, and/or other openings
"Trustee" means the person, partnership, firm, corporation, or other entity holding a deed
of trust on a property
"Trustor" means a borrower under a deed of trust, who deeds property to a trustee as
security for the payment of a debt
"Vacant" means a subject property that is not legally occupied
6.10.030 ADMINISTRATION.
This chapter shall be administered by the Department of Community Development by its
Director, or his or her designee, who shall promulgate procedures to administer the registration,
maintenance, security and related provisions as authorized in this chapter Appropriate fees for
services as well as fines and penalties for violations shall be set by the City Council and are set
forth in Chapter 3 01 BMC
6.10.040 MAINTENANCE AND REGISTRATION REQUIREMENTS.
Abandoned properties shall be properly maintained and secured as required by this
chapter by the owners, lenders and other responsible persons as defined in Section 6 10 010
above Lenders who have an interest in real property within the City that are vacant and have
been abandoned are required to register abandoned properties with the City pursuant to Section
6 10 060 below
6.10.050 RESPONSIBLE PERSON - LOCAL PROPERTY MANAGER.
(a) Responsible Person When any act is required under this chapter involves more
than one lender or other responsible person as defined in Section 6 10 010 above, both or all are
responsible for performing such act and may be charged with a violation of this Code for failure
to act However, it is sufficient if it is accomplished by either one If information is required to
be provided, then both must provide such information
(b) Local Property Manager If the lender or other responsible person is a corporation
and/or out of area lender /owner, that responsible person shall retain a local property manager
authorized to take the appropriate steps to comply with the requirements of this chapter
6.10.060 LENDER INSPECTION AND REGISTRATION.
(a) Initial Inspection Upon Default Any lender who holds a security interest on a
property located within the City shall perform an initial inspection of the property upon default
by the borrower prior to initiating foreclosure proceedings such as posting a notice of default or
initiating other applicable proceedings to begin the foreclosure process This inspection shall be
performed within fourteen (14) days of default This inspection shall be to determine whether the
property is vacant If the property is found to be vacant or shows evidence of vacancy, it is, by
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this chapter, deemed abandoned and the lender shall, within fourteen (14) days from the date of
the inspection, register the property with the Director on forms or in the manner provided by the
City
(b) Defaults Prior to August 1, 2013 Any lender who holds a security interest on a
property located within the City, and which property as of August 1, 2013, 1) is under a current
notice of default, 2) is under a current notice of trustee's sale, 3) is the subject of a pending tax
assessor's lien sale, 4) has been the subject of a foreclosure where the title was retained by the
beneficiary of the deed of trust involved in the foreclosure, or 5) was transferred under a deed in
lieu of foreclosure /sale, shall perform an inspection of the property to determine whether the
property is vacant This inspection shall be performed by August 15, 2013 If the property is
found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned, and
the lender shall, within fourteen (14) days from the date of the inspection, register the property
with the Director on forms or in the manner provided by the City
(c) Registration Contents Each registration shall contain the following
(1) Information for both the beneficiary and trustee name (corporation or
individual),
(2) The street/office address (not a post office box) and, if different, the
mailing address,
(3) A direct contact name (corporation or individual),
(4) A direct contact name and phone number for the person handling the
foreclosure, and
(5) In the case of a corporation or out of area lender, the telephone number
and other contact information of local property manager /management company responsible for
the inspections, maintenance and security of the property
(d) Registration Fee and Other
(1) There shall be no fee for the annual registration
(2) The registration shall be valid for one calendar year following the date on
which registration is initially due to the City Subsequent registrations are required and due each
year thereafter on the anniversary of the due date of the initial registration until such time as the
property is transferred or becomes legally occupied
(3) Lenders required to register properties pursuant to this chapter shall keep
such properties registered and all required information updated, and comply with all the security
and maintenance requirements of this chapter for the entire time such properties remain vacant
(4) When properties required to be registered become occupied or title is
transferred, the prior lender shall notify the Director in writing within fourteen (14) days of the
occupancy or transfer
(5) Any lender required to register a property pursuant to this chapter shall
report any change of information contained in the registration within fourteen (14) days of the
change
(6) Inspections conducted pursuant to this chapter are intended only for the
purposes set forth in this chapter and not for purposes of triggering disclosure obligations to
potential real property purchasers
6.10.070 MONTHLY INSPECTIONS
(a) The property shall be inspected on a monthly basis to determine whether or not
the property is vacant and whether or not the maintenance, security and other requirements of
this chapter and any other applicable laws are being met
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(b) If a property is occupied, but remains in default, it shall be inspected by the
lender, or an agent/designee of the lender, monthly to determine whether the property is vacant
until 1) the borrower or other party remedies the default, or 2) the foreclosure is completed and
ownership is transferred to a new owner who is not the former beneficiary or another lender, or
3) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned,
and the lender shall, within fourteen (14) days of that inspection, register the property with the
Director on forms or in the manner provided by the City
(c) The property shall continue to be inspected after a foreclosure sale where the title
was transferred to the beneficiary of a deed of trust involved in the foreclosure, or the
underwriter of the deed of trust, or any other person or entity who held a security interest in the
property, and any property transferred under a deed in lieu of foreclosure /sale If upon
inspection the property is found to be vacant, it is hereby deemed abandoned and must be
registered within fourteen (14) days as required in this chapter
(d) These inspections shall be reported to the City as required by the Director
6.10.080 MAINTENANCE REQUIREMENTS.
(a) Responsible persons shall maintain and keep properties free of conditions
including, but not limited to,
(1) Weeds, dry brush, dead vegetation, trash, dunk, debris, building materials
and dunk vehicles,
(2) Accumulation of newspapers, circulars, flyers, notices (except those
required by federal, state, or local law), discarded personal items including, but not limited to,
furniture, clothing, large and small appliances, or printed material, including, but not limited to,
the following
(3) Graffiti, tagging, or similar markings by removal or painting over with an
exterior grade paint that matches and /or coordinates with the color of the exterior of the
structure
(b) Responsible persons shall,
(1) Maintain yards in accordance with City requirements and standards
(2) Secure ponds, pools and hot tubs and ensure that they do not become a
public nuisance, and
(3) Take any other action necessary to prevent giving the appearance that the
property is abandoned
(c) Additionally, responsible persons shall maintain properties pursuant to the
requirements of Chapter 17 04 BMC, the City Building Code, Chapter 18 02 BMC, the City Fire
Code, Chapter 9 92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation
and/or any other applicable City code or state law
6.10.090 SECURING AND POSTING REQUIREMENTS.
(a) Securing All properties subject to registration shall be secured to prevent access
by unauthorized persons, including, but not limited to, the following the closure and locking of
windows, doors (walk - through, sliding and garage), gates, and any other opening of such size
that it may allow a child or any other person to access the interior of the property and or
structure(s) Securing also includes boarding as applicable Material used for boarding shall be
painted with an exterior grade paint that matches and/or coordinates with the color of the exterior
of the structure
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(b) Posting The property shall be posted with name and twenty -four (24) hour
contact phone number of the local property manager The posting shall be no less than eighteen
(18) inches by twenty -four (24) inches, and shall be of a font that is legible from a distance of
forty -five (45) feet, and shall contain, along with the name and a twenty -four (24) hour contact
number, the words,
"THIS PROPERTY MANAGED BY [insert name] ", and
"TO REPORT PROBLEMS OR CONCERNS CALL [insert local telephone number] "
The posting shall be placed on the interior of a window facing the street to the front of the
property so it is visible from the street, or secured to the exterior of the building/structure facing
the street to the front of the property so it is visible from the street, or, if no such area exists, on a
stake of sufficient size to support the posting in a location that is visible from the street to the
front of the property but not readily accessible to vandals Exterior posting must be constructed
of, and printed with, weather resistant materials
6.10.100 VACANT PROPERTIES NOT ABANDONED.
Vacant properties that are not abandoned as defined in Section 6 10 010 above but have
been boarded up and/or otherwise secured as a result of City code enforcement action, shall
comply with the local property manager requirements of Section 6 10 050(b) above and the
posting and security requirements of Section 6 10 090 above
6.10.110 TIME TO REMEDY FOLLOWING INSPECTION.
The lender or other responsible person shall have fourteen (14) days to remedy any
defects found following any inspection required by this chapter, except that, the lender or other
responsible person shall have fourteen (14) days from the date of registration to remedy any
defects found during the initial inspection set forth in Subsections 6 10 060 (a) or (b) above to
meet the registration, inspection, maintenance, and security obligations of this chapter,
unless otherwise extended by the Director at his or her sole discretion
6.10.120 ADDITIONAL MAINTENANCE AND SECURITY.
In addition to the enforcement remedies established in this chapter and applicable City
Code, the Director shall have the authority to require any responsible person of any abandoned
property affected by this chapter to implement additional maintenance and/or security measures,
including, but not limited to, securing any /all doors, windows or other openings, installing
additional security lighting, increasing on -site inspection frequency, employment of an on -site
security guard, disconnecting utilities, or any other measures as may be reasonably calculated to
arrest the decline of the property, prevent unauthorized entry, and/or ensure maintenance of the
property in accordance with this code
6.10.130 ENFORCEMENT.
(a) In the event the Director believes lender or other responsible person has failed to
meet the registration, inspection, maintenance, and security obligations of this chapter, the
Director shall send notice of said failure to the responsible person at the address listed on the
tax rolls of the County or at such other address as may be known to the Director The notice
shall set out the nature of the failure(s) to be corrected and shall give the responsible person
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within fourteen (14) days from the date of the notice to correct them unless an imminent danger
exists in which case the responsible person shall take immediate action to cure the condition
creating the imminent danger In the event the lender or other responsible person fails to
remedy the matters within the time set out in the notice (or make, in the view of the Director,
adequate arrangements otherwise) the City may seek enforcement pursuant to Section 6 10 140
below
(b) Violations of this chapter constitute a public nuisance and may be enforced, in
addition to the provisions of this chapter, pursuant to Chapter 17 04 BMC, the City Building
Code, Chapter 18 02 BMC, the City Fire Code, Chapter 9 92 BMC, Chronic Nuisance
Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state
law
6.10.140 VIOLATION — PENALTY.
(a) Penalty Any person, firm or entity who fails to register and perform the required
inspections, maintenance and /or security as required herein shall be subject to a penalty as set
forth in Chapter 3 01 BMC
(b) Code Enforcement In addition any violation of any provision of this chapter is a
civil violation as provided for in Chapter 104 BMC, for which a monetary penalty may be
assessed and abatement may be required as provided therein
SECTIONZ gfective Date of Provision The provisions of Section 1 of this
ordinance shall take effect and be in force August 1, 2013
SECTION3. SeverabzhU If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect
SECTION 4. ff ective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of 60 , 2013
GREG W z LER, Council President
Approved this f z day of 1 2013
4�
PATTY N , Mayor
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Abandoned Property
Registration & Maintenance
I
E, T APPROVED AS TO FORM
SHANNON CORIN, City Clerk ROGER A LU OV , i y orney
PUBLISHED the lj day of r , 2013
EFFECTIVE the day of , 2013
ORDINANCE NO 5215
R \Legal \Legal \Ordinances \Community Development\Abandoned Property Registration\Abandoned Property Registration and
Maintenance - Final doc
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Abandoned Property
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AFFIDAVIT OF PUBLICATION
Account #42742 AD# 20132779
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all tunes
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on April 21, 2013 such newspaper was regularly distributed to its subscribers during all of said
period The full amount of the fee charged for the foregoing publication is the sum of $35 10 This amount
has not been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of April 30, 2013
Ak I Mud
Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC
F TATE OF WASHINGTON
HRISTY M MOFFITT
pp ointment Expires July 08, 2016
ORDINANCE NO 5215
AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a new chapter,
Chapter 6 10 of the Bremerton Municipal Code entitled "Abandoned Property Registration and
Maintenance "
PASSED by the City Council on the 17th day of April, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
April 21, 2013
Ad# 20132779