§ 9-94-1. Purpose; definitions.

A.

Purpose and intent. It is the purpose and intent of the City of Memphis ("city") to establish a process to address the deterioration and blight of city neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the city, and to identify, regulate, and reduce the number of abandoned properties located within the city. It is the city's further intent to establish vacant property registration requirements as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of abandoned and foreclosed real property.

B.

Definitions. The following words and terms shall have the meanings set forth in this section, except where otherwise specifically indicated.

Abandoned real property means any real property that is vacant, is subject to unauthorized occupancy, and has been determined by evidence of an affidavit by an agent or officer of the City of Memphis Housing Code Enforcement.

Willful and intentional mean the failure to register or take the necessary actions to register as required under this chapter after three successful attempts by a housing code official to notify the responsible party of their responsibility to register under this chapter. Such actions shall constitute a rebuttable presumption that the responsible party has willfully and intentional[ly] failed to register as required under this chapter.

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. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; electricity, water or other utilities turned off; stagnant swimming pool; or statement by neighbors, passers-by, delivery agents or government agents.

Foreclosure means the judicial or non-judicial process by which a property, placed as security for a mortgage loan, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.

Material change in ownership is defined for purposes of this chapter as any change in ownership, whether of record or not, which results in a new party assuming responsibility:

1.

For care and maintenance;

2.

For receipt of notice and/or service of process; or

3.

For acting as agent for the owner of record of the subject property.

Mortgage means any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation. The term includes, without limitation:

1.

Mortgages securing reverse mortgage loans;

2.

Mortgages securing revolving credit loans;

3.

Every deed conveying real estate, although an absolute conveyance in its terms, which shall have been intended only as a security in the nature of a mortgage; and

4.

Equitable mortgages.

Mortgagee means:

1.

The holder of an indebtedness or oblige of a non-monetary obligation secured by a mortgage or any person designated including mortgage servicers or authorized to act on behalf of such holder, including mortgage servicers;

2.

Any person claiming through a mortgage as successor; and

3.

Any person identified as such in a recorded document which has not been released, assigned, or superseded of record.

Mortgagor means the person whose interest in the real estate is the subject of the mortgage and any person claiming through a mortgagor as successor. Where a mortgage is executed by a trustee of a land trust, the mortgagor is the trustee and not the beneficiary or beneficiaries.

Owner means any person who alone, jointly, or severally with others:

1.

Has legal title to the property, with or without accompanying actual possession thereof;

2.

Has charge, care or control of the property as owner or agent of the owner or an executor, administrator, trustee or guardian of the estate of the owner; or

3.

Is the agent or the owner for the purpose of managing, controlling the property or collecting rents, or is any other person managing or controlling the property or is any person entitled to the control or direction of the management or disposition of the property. This article definition excludes real estate listing agents when acting exclusively in that capacity.

Property means any real, residential, commercial or industrial property, or portion thereof, located within the City of Memphis, including buildings or structures situated on the property.

Residential property means buildings of three stories or less in height where the whole building or parts thereof are designed or used as residential units or auxiliary uses to a residential unit.

Vacant means any building or structure that is not lawfully occupied or inhabited as evidenced by the conditions set forth in the definition of "evidence of vacancy" (see section 9-94-1(B)) and as defined in T.C.A. § 13-21-202.

C.

Applicability.

1.

These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather an additional remedy available to the city, above and beyond any other state, county or local provisions.

2.

Parties identified as owners in subsection (B) above will not be fined or held liable for fines (under the doctrine of agency) in cases where their principal is disclosed and is identified by subsection (B).

(Ord. No. 5477, § 1, 4-2-2013)