Atlanta Foreclosure Registry Ordinance | Shuping, Morse & Ross, LLP

The city of Atlanta has enacted an ordinance titled Registration of Vacant Property, which will become effective February 1,2012. A copy of the ordinance is attached for your review. Among other highlights of the ordinance, you may wish to note the following

Section 61(a) imposes the duty of registration upon the owner of the property. It would therefore appear that until foreclosure, a lender would have no duty to register the property
Section 61(b) imposes upon a subsequent owner of vacant property the duty to file a registration statement within twenty (20) days of accepting title to the property. Accordingly, you may want to add to your RE0 sales contract a provision at least reminding the purchaser to register property in the city of Atlanta and disclaiming any responsibility as to such re-registration.
Section 62 of the ordinance identifies the contents of the registration form, but more importantly requires the designation of a natural person having an office or residence within the city of Atlanta who will receive notices of code violations and Service of Process as to registration violations. It is unclear from the ordinance whether the city would attempt to impose personal liability or criminal sanctions upon the individual so designated. Historically, housing code violations in the city of Atlanta are aggressively pursued.
Section 63(a) of the act provides a $100.00 registration fee.
Section 63(b) imposes a higher renewal fee in the event that the vacant building is below the minimum code standards.
Section 65 of the ordinance goes further than other metropolitan Atlanta area ordinances in that it requires an actual posting on or at the structure of the name of the individual identified in Section 62(a) of the ordinance. Subsection (a) of this section reaffirms the obligation of the owner to enclose and secure the building or dwelling located on the property.
Section 66 of the ordinance imposes a duty on the owner to file an amended registration statement within five (5) days of occupancy. From an RE0 standpoint, it would appear that once a property is sold, the "owner" to which the ordinance refers would thereafter apply to the new owner such that a lender selling an RE0 property would not need to file a renewal registration as required by Section 61(b) or to otherwise remove its prior registration from the registry.

S. Andrew Shuping, Jr.
770-991-0000 x 128

AN ORBIKANCE TO AMEND THE ATLANTA HOUSING CODE OF 1987, APPENIIIX E TO THE LAND DEVELOPMENT CODE, BY ADDING ARTICLE VI ENTITLED "REGISTRATION OF VACANT PROPERTY"; TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF CERTAIN VACANT PROPERTY: TO PROVIDE EXEMPTIONS FOR CERTAIN VACANT PROPERTY; AND FOR OTHER PURPOSES.

Whereas, the City of Atlanta finds and declares that within its City limits there are buildings or structures which are vacant and which must be made safe and secure so as to protect the citizens of the City of Atlanta; and

Whereas, it is further found and declared that vacant structures cause deterioration and instability in neighborhoods because of increase in hazards of fire, accidents, or othercalamities; and

Whereas, it is further found that vacant structures attract criminals who tend to use same for illegal activities such as drugs; and

Whereas, maintenance of an accurate registry of all vacant structures is essential to the public health, safety and welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA ORDAINS:

Section 1: That the Atlanta Housing Code of 1987, which is codified at Appendix "E" to the Land Development Code is hereby amended by adding Article VI, entitled "Registration of Vacant Property" and which shall read as follows:

Article VI: Registration of Vacant Property.

Sec 60. Definitions.

The following terms used or referred to in this Code shall have the respective meanings:

Building shall mean an edifice of any kind composed of parts joined together in some form, including, but not limited to garages, sheds, fences, accessory structures and appurtenances.
Dwelling shall mean any building, along with its appurtenances, used or intended to be used, wholly or in part, for human habitation or for the inhabitants use.
Owner shall mean any person or persons having any individual, joint or common title or interest in real property defined by the laws of the State of Georgia as a legal or equitable estate or interest.
Registration shall mean the filing of a Registration Statement with the Bureau.
Registration Statement shall mean the form(s) required to be filed with the Bureau pursuant to this Article.
Registry shall mean the official record, electronic or otherwise, of registration of structures required by this Article.
Seasonally shall mean a residential property occupied by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property.
Vacant shall mean a building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction - operations or residential occupancy has ceased for more than 30 days.

Sec. 61. Registration.

Duty to Register. It shall be the affirmative duty of each owner of any vacant building or
dwelling subject Lo this Article to file a registration statement with the Bureau within 30 days after the building or dwelling becomes vacant or within 30 days after acquiring ownership, whichever is later, of any vacant building or dwelling not currently registered. In the event that the Bureau provides written notice to the owner of the existence of any vacant building or dwelling, the owner of such vacant building or dwelling shall file a registration statement within 15 days of such notice.
Initial Validity / Renewal. The registration shall remain valid for twelve months from the date of registration. In the event that ownership of a registered structure changes during this period, the new owner shall file an amended registration statement within 20 days of accepting the vesting deed. The owner shall be required to renew the registration for successive twelve-month periods as long as the building remains vacant for any part thereof.
Exemption. Notwithstanding any provision of this Article to the contrary, in no event shall registration be required for buildings that are:
1. residential rental property; or
2. seasonally vacant.
Failure to Register. Any owner that fails to comply with the provisions of this Article shall be in violation of the Atlanta Housing Code.

Sec. 62. Registration Statement

Registration statement. The Bureau is authorized to prepare forms, including the information requested on such forms, but which at a minimum shall:
1. include the street address of each structure subject to registration: and
2. include the name, street address, telephone number and email address of each and
  every owner of the registered property; and
3. include the name, street address, telephone number and email address of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this Code. This person must maintain an office or actually reside within the territorial boundaries of the City of Atlanta. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this subsection the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent's designation for the purposes of this subsection until the owner notifies the Bureau of a change of authorized agent by filing an amended registration statement or until the owner files a new annual registration statement. Any owner who fails to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building; and
4. not include any identification of any tenants.
Amended Registration Statement. The owner shall notify the Bureau, within 20 days, of any change in the information provided in the registration statement by filing an amended registration statement on a form provided by the Bureau for such purposes.

Sec. 63. Registration/ Renewal Fee.

At the time of the filing of the registration statement, the owner shall pay a registration or renewal fee (as applicable) in the amount of $100 for each registered building. No registration statement shall be deemed filed unless the fee has been paid.
Any vacant building that is in violation of any provision of the housing, building or fire code at the time renewal is required shall be assessed a renewal fee of $250 for such renewal period in which such vacant building is below the minimum code standards.

Sec. 64. Electronic Registration.

The Bureau is authorized to administer, or contract for the administration of. the provisions of this Article pursuant to an electronic and/or web-based registry system for the registration of structures subject to this Article.

Sec. 65. Maintenance of Vacant Property.

The owner of any vacant building, shall, within 30 days of registration, do the following:

Enclose and secure the building as provided in Section 29 of this Article; and
Post a sign affixed to the building indicating the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process. The name, address and telephone number of a person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent shall be indicated on the sign as well. The sign shall be of a size and placed in such alocation so as to be legible from the nearest public street or sidewalk, whichever is nearer; and
Maintain the building in a secure and closed condition and maintain the sign until the building is again occupied or demolished or until repair or completion of the building has been undertaken; and

Sec. 66. Removal from Registry.

Should the building become occupied at any time after registration, the owner shall file an amended registration statement within 5 days of occupancy notifying the Bureau of such occupancy along with corroborating documentation and requesting that the Bureau remove such structure from the registry. The Bureau shall remove such structure from the registry within 30 days of the filing of the amended registration statement unless it has reason to believe the structure is unoccupied.

Section 2: Nothing herein shall be construed to require the registration of residential rental property as long as such is prohibited by the current language of O.C.G.A. 5 36-74-3O(b) or as hereafter amended.

Section 3: This Ordinance is nor the exclusive regulation within the City. It shall be supplemental and In addition to the other regulatory statutes and ordinances heretofore or hereinafter enacted by the City, the state or any other legal entity or agency having jurisdiction.

Section 4: In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the City Council that any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance shall, to the greatest extent allowed by law, remain valid, constitutional, enforceable and of full force and effect.

Section 5: All Ordinances, or parts of Ordinances, in conflict herewith are repeated to the extent of the conflict.

AN ORDINANCE BY FINANCE EXECZJTIVE COMMITTEE

AN ORDINANCE TO AMEND SECTION 146-26 (f), OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTA, SO AS TO CHANGE THE SPECIAL TAX DISTRICT (LIBRARY) LEVY; TO PROVIDE THAT THE TAX RATE ESTABLISHED HEREIY SHALL REMAIN FIXED EACH YEAR UNTIL AMENDED OR REPEALED; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta is charged with operating and maintaining City Government and is charged by law with the responsibility of annually recommending to the Mayor and City Council the rate of the tax levy to be made; and

WHEREAS, the Special Tax District (Library) Levy is normally submitted to the City of Atlanta from Fulton County in May of each year; and

WHEREAS, Fulton County submitted the Special Tax District (Library) Levy to the City of Atlanta on September 13, 2010; and

WHEREAS, Section 146-26 (a) provides that the taxes set forth in this Article continue to be levied and assessed each year until amended or repealed, and at this time the Department of Finance desires to amend Section 146-26 (f), so as to change the ad valorem tax rate of real and personal property for the Special Tax District (Library) Levy.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows.

SECTION 1 : That Sections 146-26 (f), of the Code of Ordinances of the City of Atlanta, which read as follows:

(f) "Special Tax District. An ad valorem tax at the rate of one dollar ($1.00) on every $1,000 or any part thereof of all real and personal property within that portion of the City of Atlanta lying in DeKalb County, which under the laws of this State is subject to taxation within the corporate limits of the City of Atlanta in DeKalb County, is hereby amended Lo read as follows hereby levied."

Is Hereby Amended to Read as Follows:

(f) "Special Tax District. An ad valorem tax at the rate of eight hundred seventy eight thousandth cents ($0.878) on every $1,000 or any pan thereof of all real and personal property within that portion of the City of Atlanta lying in DeKalb County, which under the laws of this State is subject to taxation within the corporate limits of the City of Atlanta in DeKalb County, is hereby amended to read as follows hereby levied."

SECTION 2: That the Tax Commissioner of DeKalb County, by copy of this Ordinance be and is hereby requested to list the Special Tax District (Library) Levy of the City of Atlanta, as set forth in Section 146-26 (f) herein, on tax bills to be rendered to citizens of Atlanta.

SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.