9.33.050 - Registration; fees.

(a)

Any beneficiary and trustee who hold a deed of trust on real property located within the City of Commerce shall, prior to recording a notice of default, perform an inspection of said real property. If the property is found to be abandoned or shows evidence of vacancy (as these terms are defined by this chapter), the beneficiary and trustee shall register the real property within the city, on city-approved forms, within ten calendar days of the inspection.

(b)

If the property is occupied at the time of the initial inspection but remains in default, it shall be inspected by the beneficiary and trustee every subsequent calendar month until: (i) the trustor or other party remedies the default, or (ii) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee; or (iii) the real property is found to be vacant or shows signs of vacancy, at which time the beneficiary and trustee shall register the real property within the city within ten calendar days of said inspection.

(c)

The beneficiary and trustee shall register with the city any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale. Registration shall be filed on city-approved forms within ten calendar days of the inspection demonstrating the vacancy or the evidence of vacancy.

(d)

The registration forms shall contain data deemed necessary by the city administrator (or designee thereof). At a minimum, the following information is required:

(1)

Name and street/office address (not a P.O. Box) and, if different, the mailing address of the beneficiary and trustee;

(2)

A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure;

(3)

The name, street address, telephone and facsimile number of a local property management company responsible for the security, maintenance, and marketing of the real property;

(4)

A statement of intent which provides the following information:

(A)

The expected period of vacancy;

(B)

A detailed plan for the regular maintenance of the real property during the period of vacancy;

(C)

A time-table for the lawful re-occupancy of the real property, or for the rehabilitation or demolition of the structures thereon.

(e)

The registration forms shall be accompanied by an annual registration fee as set by city council resolution.

(f)

The registration (including the statement of intent) and accompanying fee shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. The registration fee shall not be prorated. Subsequent registrations and fees shall be due January first of each year and must be received by the city no later than January thirty-first of the year due.

(g)

Persons required to register real property pursuant to this chapter shall keep such property registered and shall comply with all security and maintenance requirements of this chapter and the whole of the Commerce Municipal Code for the entire time such property remains vacant or shows evidence of vacancy. Persons required to register real property pursuant to this chapter shall also report any change of information contained in the registration within ten calendar days of the change.

(h)

When real property subject to registration pursuant to this chapter becomes occupied or title is transferred to another responsible party, the beneficiary and trustee or prior responsible party shall notify the city administrator (or designee thereof) in writing within ten calendar days of the property's occupancy or the transfer of time.

(i)

In such instance where title to an abandoned or vacant real property has been transferred to another responsible party, the responsible party shall re-register the real property with the city on city-approved forms within ten calendar days of the transfer. Re-registration forms shall contain, at a minimum, all of the information required by Section 15.17.050(D). A re-registration fee as set by city council resolution shall accompany the re-registration form.

(Ord. No. 621, § 1, 9-29-2009)