§ 9-94-4. Compliance.


Latest version.
  • A.

    Failure to comply. Failure of the mortgagee and/or owner to properly register or to modify the registration from time to time to reflect a change of circumstances as required by this article is a violation of this article and shall be subject to enforcement and/or the levy of administrative fee of $50.00 per violation. Where the failure to register is found to be willful and intentional, then the administrative fee of $50.00 shall continue to be assessed daily until corrected.

    B.

    Exceptional penalty provision. Upon reasonable cause to believe a deliberate attempt by a mortgagee to evade, conceal or otherwise not identify its true ownership or lienholder interest in a vacant property as certified by the department of code enforcement, the city may petition a court of competent jurisdiction to order that notice of any further transfer of title, ownership or interest to said property shall be filed with the City of Memphis Department of Code Enforcement.

    C.

    Description of violation: Civil penalty. Any violation of section 9-94-3(A)—(G) of this article shall result in the levy of an administrative fee of $50.00 per violation payable by the mortgagee and subject to a continual violation where section 9-94-4(A) applies. This administrative fee amount shall not be increased without written justification presented at a hearing before the Memphis City Council, and by passage of a super majority (9) of the council.

    D.

    Collections and use of funds. All funds collected under this chapter, sections 9-94-1 through 9-94-4, including fines and fees, are to be reserved for the use of the office of code enforcement for the removal of blight in the City of Memphis.

(Ord. No. 5477, § 1, 4-2-2013)