This ordinance shall be known and may be cited as the “Vacant Residential Property Registration Ordinance of the City of Medford.”  The purpose of this vacant residential property registration program is to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of vacant properties. 

[Added, Sec. 1, Ord. No. 2009-204, Sept. 17, 2009.]

The following terms as used in sections 7.950 to 7.958 shall mean:

(1)  Borrower.  Any person 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.

(2)  Evidence of vacancy.  Any condition that on its own, or combined with other conditions present, would lead the Chief of Police or his designee 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; evidence of trespass or criminal mischief; or statements by neighbors, passerby, delivery persons, and/or government employees that the property is vacant.

(3)  Lender.  Any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under trust deeds; vendors under conditional land sales contracts; trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee.  The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure.

(4)  Notice of default.  A written notice to a borrower stating that a default on a real estate loan agreement has occurred and that legal action may be taken.

(5)  Out of area.  Outside of Jackson County.

(6)  Real Estate Loan Agreement.  Any agreement providing for a loan on residential property, secured in whole or in part by real property located within the City of Medford, or any interest therein, and includes, but is not limited to mortgages, trust deeds and conditional land sales contracts.

(7) Vacant.  A subject property that is not legally occupied.

[Added, Sec. 2, Ord. No. 2009-204, Sept. 17, 2009.]

(1)  Immediately upon default of the borrower, but no later than prior to recording a notice of default with the Jackson County Clerk’s Office, a lender shall perform an inspection of the property that is the security for the real estate loan agreement.

(2)  If the property is found to be vacant or shows evidence of vacancy, the lender shall, within ten (10) days of the inspection, register the property with the Chief of Police or his designee.

(3)  If the property is occupied but remains in default, the property shall be inspected by the lender on a monthly basis until the borrower remedies the default.  If an inspection reveals that the property is vacant or shows evidence of vacancy, the lender shall, within ten (10) days of the inspection, register the property with the Chief of Police or his designee.

(4)  This ordinance also applies to properties that have been the subject of a foreclosure sale where title has transferred from one lender to another lender; and a property transferred under a deed in lieu of foreclosure.

[Added, Sec. 3, Ord. No. 2009-204, Sept. 17, 2009.]

(1)  The registration shall contain the following information:

(a)  The name of the lender;

(b)  The direct mailing address of the lender.  Post office boxes are not acceptable;

(c)  The direct contact name and phone number for the lender;

(d)  The physical address for the lender’s agent authorized to receive service of process, if applicable; and

(e)  The direct contact information for the local property management company responsible for security, maintenance and marketing of the property, if applicable.

(2)   No registration fee shall be imposed.  A lender that has registered a property under this ordinance shall report any change of information contained in the registration within ten (10) days of the change.  Properties subject to this ordinance shall remain under the registration requirement as long as the property remains vacant.

(3)  Registration forms shall be available at the Medford Police Department and online at the City’s website.

[Added, Sec. 4, Ord. No. 2009-204, Sept. 17, 2009.]

(1)  A lender shall maintain properties subject to this ordinance.  Maintenance includes all of the following:

(a)  Ensuring that the condition of the subject property does not, in the opinion of the Chief of Police or his designee, constitute a public nuisance or a chronic public nuisance as described in Medford Code sections 7.430, 5.500, 5.505, 5.511 and 5.519;

(b)  Regular watering, irrigation, cutting, pruning and mowing of the subject property and the removal of all trimmings, as applicable to the property;

(c)  Pools and spas shall be kept in working order, so that water remains clear and free of pollutants and debris; or drained and kept covered.  In either case, subject properties with pools or spas shall comply with the City’s minimum security fencing requirements.

(2)  If the property is owned by an out of area lender, a local property management company shall be contracted to perform weekly inspections to verify the requirements of this section, and to ensure any other applicable laws are being met.  The property management company shall post a direct contact name and 24-hour contact phone number for persons to report problems or concerns, and 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.  If no such area exists, then the posting shall be placed on the exterior of the property in a location visible from the street to the front of the property.  An exterior posting shall be constructed of and printed with weather resistant materials.

(3)  Adherence to this section does not relieve a person subject to this ordinance of any obligations set forth in any covenants, conditions and restrictions which may apply to the subject property.

[Added, Sec. 5, Ord. No. 2009-204, Sept. 17, 2009.]

(1)  The lender shall maintain a subject property in a secure manner so as not to be accessible to unauthorized persons, and includes the securing of windows, doors, gates and any other opening of such size that may allow a child to access the interior of the property. Broken windows shall be boarded or reglazed.

(2)  If the property is owned by an out of area lender, a local property management company shall be contracted to perform weekly inspections to verify the requirements of this section, and to ensure any other applicable laws are being met.  A property management company shall be subject to the same posting requirements as provided for in section 7.954(2) of this ordinance.

[Added, Sec. 6, Ord. No. 2009-204, Sept. 17, 2009.]

The Chief of Police or his designee shall have the authority to require the lender to implement any additional maintenance and/or security measures including, but not limited to:

(a)  Installation of additional security lighting;

(b)  Increasing on-site inspection frequency;

(c)  Employment of an on-site security guard; and

(d)  Any other measures as may be reasonable required to prevent the decline of the property.

[Added, Sec. 7, Ord. No. 2009-204, Sept. 17, 2009.]

(1)  A lender that violates any portion of this ordinance shall be subject to prosecution as provided for in section 7.900.

(2)  Citations for violation of any section of this ordinance may be mailed by first class mail to the lender or lender’s registered agent.

[Added, Sec. 8, Ord. No. 2009-204, Sept. 17, 2009.]

A lender that is required to implement additional maintenance or security measures as provided for in section 7.956 of this ordinance shall have the right to appeal to the City Council under the procedures set out in section 1.025 of this code.

[Added, Sec. 9, Ord. No. 2009-204, Sept. 17, 2009.]