§ 8.54.200. Properties subject to registration.

The following properties must be registered with the City as part of the Foreclosed and Defaulted Residential Property Registration and Abatement Program:

A.

Vacant and Occupied Residential Properties with a Recorded Notice of Default.

1.

Within 30 days of recording a notice of default with the Alameda County Clerk-Recorder's Office, a responsible party or its designee shall perform an inspection of the property that is the security for the deed of trust the notice of default is recorded against.

2.

If the property is found to be vacant or shows sufficient evidence of vacancy that it is deemed to be abandoned, by this Chapter or under the deed of trust, the responsible party shall, within 30 days of the inspection, register with the City and pay the required registration fee pursuant to O.M.C. Section 8.54.20. If the property is deemed abandoned, the Beneficiary shall invoke an abandonment or any other appropriate provision express or implied in the deed of trust to permit the beneficiary to assume possession or control of the property sufficient to permit the beneficiary or other responsible party to comply with the requirements of this Chapter.

3.

If the property is occupied and a notice of default has been recorded against the property, the responsible party or its designee shall:

a.

Register the property pursuant to O.M.C. Subsection 8.54.200.A.2., but shall not be required to pay a registration fee; and

b.

Inspect the property pursuant to O.M.C. Section 8.54.310 until:

i.

The notice of default is withdrawn or rescinded; or

ii.

The property becomes vacant and/or shows sufficient evidence of vacancy, at which time the responsible party or their designee shall, within 30 days of that inspection, register the property as vacant and pay the required registration fee described in O.M.C. Section 8.54.230 for vacant and defaulted properties.

c.

If the property subject to a recorded notice of default is occupied by a tenant or tenants, any responsible party or its designee shall provide the tenant(s) with a written statement of his/her/their rights in a form approved by the Building Official. The written statement shall be either mailed to the tenants at the physical address of the property or securely posted on the property. If the written statement is posted on the property, the paper used shall be weather-resistant.

B.

Vacant and Occupied Foreclosed Residential Properties.

1.

All residential property that has been the subject of a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure or through a deed in lieu of foreclosure.

2.

Such properties must be registered within 30 days of transfer to the beneficiary.

3.

Foreclosed properties lawfully occupied by tenants under leases entered into by the previous landlord (i.e. trustor) shall register with the City, pay the registration fee under this Chapter, and comply with all applicable Oakland and State landlord-tenant laws.

4.

If the property is found to be vacant or shows sufficient evidence of vacancy and has already been registered, the responsible party shall, within 30 days of the vacancy, change the status of the property to vacant on the City's registration, without paying an additional fee.

C.

A responsible party shall ensure that the utilities of lawfully occupied properties are not terminated and if terminated shall ensure that the utilities are reinstated, unless the responsible party has written, credible evidence that the tenant is responsible under a valid rental agreement to pay for the cost of utilities or any individual utility.

D.

It is the obligation of the responsible party to inform the City of any pending action, such as bankruptcy, other court or administrative action that would prohibit the responsible party from taking any of the actions required in this Chapter.

(Ord. No. 13126, § 2, 6-19-2012)