§ 9-94-3. Registration of real property upon vacancy, abandonment, and tax delinquency.

A.

Any mortgagee who holds a mortgage on single family residential housing, including condominiums located within the City of Memphis, shall, register the property within 30 days of a notice of a declaration of vacancy, abandonment and tax delinquency as well as other housing code violations pursuant to a sworn affidavit by a City of Memphis Housing Code Official. The sworn affidavit shall be issued by the housing code official after reasonable observation and monitoring of the property. In addition, the housing code official shall also state under oath that after a reasonable and diligent search of all Shelby County public records, the said housing code official has not been able to determine the correct name and address of the mortgagee. Upon completing and filing the said affidavit with the department of code enforcement, a notice to register will be issued pursuant to the standards set forth in T.C.A. § 13-21-202. A separate registration is required for each property parcel.

B.

Cure prior to registration. If within 30 days after notification of vacancy, abandonment and tax delinquency by a City of Memphis Housing Code Official pursuant to section 9-94-4(A), a mortgagee shows proof of payment of all tax delinquencies, no registration will be required for that notification.

C.

Registration requirements. Registration pursuant to this section shall require the mortgagee to provide the name of mortgagee and the servicer, the direct mailing address of the mortgagee and the servicer, a direct contact name and telephone number for each, facsimile number and e-mail address for each, the folio or tax number, and the contact name and telephone number of the person responsible for the security and maintenance of the property. The owner shall be required to provide his direct mailing address, a direct contact name and telephone number, facsimile number and e-mail address, and the folio or tax number where applicable. Upon notification of vacancy by code enforcement both the mortgagee, or his designated agent, and the property owner shall be responsible for compliance with this article whether the vacancy occurred through default, foreclosure, vacancy, or otherwise.

D.

Annual registration fee for vacant, abandoned, and, tax delinquent property. A non-refundable annual registration fee in the amount of $200.00 per property parcel, shall accompany the registration forms as provided by the City of Memphis. The registration fee shall be paid by the mortgagee or his agent.

E.

Registration of transferred property. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred by the mortgagee, or its agent, or when any property is transferred under a deed in lieu of foreclosure/sale, or quit claim deed, or by transfer, whether filed with the register of deeds or not, and, upon transfer of ownership upon the death of a prior owner.

F.

Duration of registration for vacant, abandoned, and tax delinquent property. Properties subject to this section shall remain under all registration requirements and maintenance standards of the department of housing code enforcement as long as the property remains vacant, abandoned, and tax delinquent. Property may be removed from the registry upon verification by the City of Memphis or its designee of cure of vacancy, abandonment or tax delinquency; and cure of any existing code violations, with title vested in an owner of record.

G.

Reporting changes in service, property conditions, mortgage status, etc. Any person or legal entity that has registered a property under this section must report any change of information contained in the registration pursuant to section 9-94-3(C) within ten days of the change.

H.

Limited reporting requirements. No release of private information shall be required if the release of such information would constitute a violation of any federal or state privacy law. In such event where the city requires such information, the city shall seek such private information by way of application to a court of competent jurisdiction.

I.

Service. Service of notice under this section shall be:

1.

Mailed to the mortgagee and owner at their last known addresses as it appears in Shelby County public records;

2.

Posted on the property in a conspicuous location; or

3.

Published at least three weeks in a newspaper of general circulation in Shelby County, providing that the first publication is 30 days before the hearing date.

(Ord. No. 5477, § 1, 4-2-2013)