City of Oakland CA passed Ordinance 13126
July 19th, 2012
On June 19, Oakland (CA) City Council unanimously passed Ordinance 13126 “expanding” the Foreclosed and Vacant Residential Building Registration Program.
Key points of the ordinance:
- Applicable to properties with a recorded notice of default or post-foreclosure
- Specific language to include Fannie Mae, Ginnie Mae, and California Housing Finance Agency properties….unless “such entity can demonstrate to the City’s satisfaction or to a Court that it is exempt from this Chapter or otherwise is not subject to City regulation on the basis of preemption or other legal basis”
- Registration requirements for “Vacant and Occupied Residential Properties with a Recorded Notice of Default”
- Inspection within 30 days of recording
- If Vacant, register within 30 days and pay the fee
- If occupied register within 30 days and do not pay the fee. Inspect monthly until notice of default (NOD) is withdrawn or until vacancy. When determined vacant register within 30 days and pay the fee
- If tenant occupied ordinance provides notification requirements to the tenant of their rights
- Registration requirements for “Vacant and Occupied Foreclosed Residential Properties”
- Register within 30 days of transfer to the beneficiary
- Tenant occupied shall register and pay the fee
- Retain utilities for tenant occupied properties
- “Responsible Party” (as defined) required to inform City of any pending bankruptcy or court/administrative action that would prohibit registration/maintenance actions to be taken
- Requirements pertaining to recording of current information following a change in ownership, transfer/assignment of a loan or deed of trust, etc.
- Registration can be hard copy or on the city’s website
- Registration should include:
- General contact information
- “Local Property Management Company”
- “Written report in an approved format” of an interior inspection
- Written plan “detailing the means, methods and times for periodic inspections…..”
- Registration (and deregistration) may include discretionary items per the Building Official
- First lien holder required to register. City reserves the right to enforce ordinance provisions against all lienholders
- Local Property Management Company needs to be licensed within the City
- Local Property Management Company needs to have authorization to comply with code enforcement orders and to allow law enforcement to enter the property in a case of unlawful occupation
- Tenant occupied homes require a certified property manager
- Inspection Requirements:
- Foreclosed Properties:
- Vacant – weekly
- Occupied – monthly
- Properties Subject to a Recorded Notice of Default:
- Monthly - **Please note sections 8.54.310 (B1) and 8.54.330 (C) for potential conflicting requirements
- Inspections need to be updated to the City via website or form on first business day of each month
- Ordinance provides extensive maintenance requirements
- Includes posting requirements
- Additional inspection/maintenance requirements at the discretion of the Building Official
- Violations incur a daily penalty in some cases up to $1,000 a day and may become a priority lien
To view the ordinance in its entirety, please click here.
About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.