HomeMy WebLinkAbout3116 AMND AMC regarding Abandoned Properties
ORDINANCE NO. q 1 ) Co
AN ORDINANCE AMENDING THE "OWNER" DEFINITIONS
TO AMC CHAPTERS 1.04 GENERAL PROVISIONS, 2.31 UNIFORM
VIOLATION ABATEMENT PROCESS, 9.04 WEED
ABATEMENT, 9.08 NUISANCES, AND 13.20 LOCAL
IMPROVEMENTS AND SPECIAL ASSESSMENTS
Annotated to show a°' s and additions to the code sections being modified. Deletions are
bold lined throu and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City has been experiencing a marked increase in the number of nuisance
claims requiring abatement on properties with respect to which the owners cannot be located and
the owners' creditors do not take maintenance responsibility despite their security interests in the
properties.
WHEREAS, Persons or entities which have ownership interests or security interests in property
within the City, and which ultimately may receive compensation for sale of those interests,
should bear the responsibility for removing unreasonable threats to public safety and welfare
occasioned by their failure to maintain such property.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.04 General Provisions, Section 1.04.010 Definitions (L) is hereby
amended to read as follows:
Section 1.04.010 General Provisions. Definitions.
L. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety, of the whole or a part of such building or land. In the case
of property subiect to foreclosure as a result of bankruptcy or default of the legal owner,
the City may deem the "Owner" to be the person, other than the legal owner, who has a
primary lien, security, or mortgage interest in possession or control of the property or who
is the deed of trust beneficiary of the property.
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SECTION 2. Chapter 9.04 Weeds and Noxious Vegetation, Section 9.04.005 Definitions (E) is
hereby amended to read as follows:
Section 9.04.005 Definitions.
E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or parcel of
land. In the case of property subiect to foreclosure as a result of bankruptcy or default of
the legal owner, the City may deem the "Owner" to be the person, other than the legal
owner, who has a primary lien, security, or mortgage interest in possession or control of the
property or who is the deed of trust beneficiary of the property.
SECTION 3. Chapter 9.08 Nuisances, Section 9.08.010 Definitions (G) is hereby amended to
read as follows:
Section 9.08.010 Definitions.
G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person,
other than the owner, having possession or control of the property. In the case of property
subiect to foreclosure as a result of bankruptcy or default of the legal owner, the City may
deem the "Person in Charge of Property" to be the person, other than the legal owner, who
has a primary lien, security, or mortgage interest in possession or control of the property
or who is the deed of trust beneficiary of the property.
SECTION 4. Chapter 2.31 Uniform Violation Abatement Process, Section 2.31.040
Assessment of Costs and Entry of Lien is hereby amended to read as follows:
Section 2.31.040 Assessment of Costs and Entry of Lien
A. The Code Compliance Officer shall serve the owner and the person responsible with a notice
of assessment stating:
1. The total cost of abatement, including the administrative cost of abatement minus any
salvage value;
2. The total cost of abatement will be assessed to the property and become a lien against the
property unless it is paid within thirty (30) days of the date of service of the notice or a
payment plan is configured to pay off the total amount owed and financial security is posted;
3. Until the 30-day notice has lapsed, the finance director shall temporarily enter the cost of
abatement in the City' s lien docket;
4. The finance director shall enter the cost of abatement in the City' s lien docket if any
agreed upon payment plan is violated and execute on any security instrument provided;
5. That a written notice objecting to the cost of abatement may be filed with the finance
director not more than ten days after the date the notice was mailed to the property owner or
the person responsible.
B. If an objection is received on or before the expiration often (10) days after the date the notice
was served, the finance director, in the regular course of business, shall hear any timely objection
and determine the costs to be assessed. The finance director' s determination shall be by written
order.
C. The property owner or person responsible may appeal the finance director' s decision
pursuant to AMC 2.30.020 [Administrative Appeals Process].
D. An assessment of the costs of abatement shall be entered into the City' s permanent lien
docket and shall become a final lien on the property from which the violation was abated if the
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costs of the abatement are: 1) not appealed in a timely manner, 2) not paid within thirty (30) days
from the date the notice of assessment was mailed, 3) or if any payment plan is violated. In the
event of a timely objection or appeal, the costs, if any, shall be entered upon conclusion of the
objection or appeal process.
D. The lien shall bear interest at .,t !9041 per- annum or sue h other rate as
established by Couneil resolution. The interest shall begin to run from the date of the entfy
of the lien in the lien doelriet
E. The provisions of AMC 13.20.12013 (Priority of Assessment Liens), C (Interest), and D
(Foreclosure) shall apply to assessments for the costs of abatements.
F. The City may include in one foreclosure proceeding as many accounts as the City may have
against separate properties for abating violations and may proceed to assess and collect single lot
assessments against each property in a single proceeding.
E G. An error in the name of the person responsible for abating the violation shall not void the
assessment, nor will a failure to receive the notice of the total cost of abatement render the
assessment void; the lien shall be a valid lien against the property.
SECTION 5. Chapter 13.20 Local Improvements and Special Assessments, Section 13.20.120
Lien Records and Foreclosure Proceedings is hereby amended to read as follows:
Section 13.20.120 Lien Records and Foreclosure Proceedings
A. Assessment Liens. After adoption of the assessment resolution by the council, the city
recorder shall enter in the eCity's lien docket record and adopt a statement of the amount
assessed upon each particular lot, parcel of land or portion, together with a description of the
improvement, the name of the owners, and the date of the assessment resolution. The amounts
entered in the Ci 's lien reeerd docket shall become a lien and charge upon the respective lots,
parcels of land or portions thereof against which the lien is entered. The sum assessed
against a lot, parcel, or portion thereof shall be due and payable from date of the notice of
assessment and if not paid or bonded as provided within thirty (30) days from that date,
the amount of the assessment shall then be delinquent that have been assessed for- such
B. Priority of Assessment Liens. All assessment liens of the eCity shall be superior and prior
to all other interests, liens and encumbrances on the assessed property insofar as the laws of the
State of Oregon permit.
RC. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 2-0
30 days from the date of the notice of assessment, at the rate of nine percent (9%) per annum
or such other rate as established by council resolution and shall begin to run from the date
the notice of assessment was mailed at a rate to be deter-mined by the .
E D. Foreclosure. After expiration of 2-0 30 days from the date of the notice of assessment, the
city may proceed to foreclose or enforce collection of the assessment liens in the manner
provided by the general law in the State of Oregon for the collection of such liens. The city may,
at its option, bid the amount of its lien for the property being offered at any foreclosure sale.
SECTION 6. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
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nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i. e., Sections Nos. 6-8) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2015,
and duly PASSED and ADOPTED this 7_ day of 40l/P/ylbe~" , 2015.
arbara M. Christensen, City Recorder
SIGNED and APPROVED this M day of L015.
S
Jo)m Stromberg, Mayor
Reviewed as to form:
J
2
David H. Lohman, City Attorney
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