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HomeMy WebLinkAboutItem 09 Second Reading of Ordinance Amending Chapter 164 in the Code of Ordinances Relating to Vacant Property Registry owes florida AGENDA ITEM COVER SHEET Meeting Date: August 4, 2020 Item # OCI Reviewed By: Contact Name: Assistant Chief S. Plasencia Department Director: Chief Ch. s Brown Contact Number: 407-554-7223 City Manager: Rob Frank Subject: Second Reading of Ordinance. Amending Chapter 164, Ci �_ Code: of Ordinances, relating to the vacant property registry Background Summary: The First Reading of the amended ordinance was heard on July 21, 2020. On November 6, 2012, the City Commission adopted Ordinance No. 2012-017, establishing the Abandoned Property Ordinance. The ordinance establishes a registration requirement for abandoned properties and is a necessary tool for the City to use in protecting residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. The Ordinance established a registration requirement for abandoned properties or properties in the process of foreclosure. This registry has provided a data base for police, fire and code enforcement personnel to utilize immediately to deter continued neglect of these properties and the negative effects they have on the community. Over the years, City staff has recommended amendments to Ordinance No. 2012-017 so that the program is more efficient and effective. The amendment will clarify language relating to civil penalty, which is established by resolution, and will clarify the intent of the ordinance, which is that properties must be registered at any time a property is found vacant and that properties shall be registered on an annual (12 month) basis. Issue: Should the.Honorable Mayor and City Commission adopt the ordinance amending Chapter 164, of the City of Ocoee Code of Ordinances, to clarify language relating to penalties and registration requirements? Recommendations: Staff respectfully requests the Honorable Mayor and City Commission adopt the ordinance amending Chapter 164, of the City of Ocoee Code of Ordinances, to clarify language relating to penalties and registration requirements. Attachments: Ordinance. Financial Impact: No fiscal impact Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: x Ordinance First Reading Consent Agenda Ordinance Second Reading X Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier (7/7/2020) N/A Reviewed by Finance Dept. Rebecca Roberts (7/14/2020) N/A Reviewed by N/A 2 ORDINANCE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 164 OF THE CITY OF OCOEE CODE OF ORDINANCES; REVISING AND UPDATING LANGUAGE RELATING TO PENALTIES; REVISING AND UPDATING LANGUAGE RELATING TO THE REGISTRATION OF ABANDONED PROPERTY; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the public health and safety issues associated with deteriorating real property located within the City that may have been issued public notices of default, may be in foreclosure, or may have had ownership transferred to a lender or mortgagee by any legal method, on November 6, 2012, the City Commission of the City of Ocoee adopted an ordinance establishing criteria for registration, maintenance, and security of abandoned property within the city limits of Ocoee; and WHEREAS, since 2012, the City has maintained a registry of abandoned real property in thus ensuring that contact information on property owners is updated regularly and is readily available for notice of the required maintenance and security of the abandoned property; and WHEREAS, maintaining an updated registry of abandoned property has been a useful tool for the City in combatting public health and safety concerns associated with abandoned property; and WHEREAS, the City Commission now desires to amend and update the language in the ordinance. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 164-4 of the City of Ocoee Code of Ordinances is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions. Section 164-4 Violations. Penalties; Schedule of Civil Penalties. A person or entity that violates a provision of this Chapter, or who fails to perform an act required by this Chapter, commits a violation. A person or entity commits a separate violation each day or portions of a day during which the violation is committed, permitted or continued. Any person violating any provision of this Chapter shall The violator may be subject fined or required to pay a civil penalty in an amount to be established by the requirements of Chapter 16 of City Commission by Resolution or as provided for in the applicable section of the City Code related to violations, including Notices of Violations, fines and procedures, and hearings to contest a Notice of Violation. SECTION 3. Section 164-6 of the City of Ocoee Code of Ordinances is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions. Section 164-6. -Registration of abandoned real property. A. Any property owner or mortgagee who owns or holds a mortgage on property as defined in this Chapter shall perform an inspection of the property at the time the property becomes unoccupied or prior to the time when a Notice of Default is issued. If at any time the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned real property and the property owner or the mortgagee shall, within ten days of the inspection, register the property with the City Manager, or his or her designee on forms provided by the City or through a registry approved [by] the City Manager or his or her designee. Registration is required for each property whether vacant or occupied. A fee established by the City Commission by Resolution will be charged for each registration and the City reserves the right to contract to a third party to administer the registry and collect the fee. B. If the property is occupied, but the mortgage on the property remains in default, the property shall be inspected by the mortgagee or its designee monthly until: (1) the mortgagor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within ten days of that inspection, update the property registration to a vacancy status providing the date of last inspection with the City Manager, or his or her designee on forms provided by the City. C. Registration pursuant to this section shall contain the name of the property owner for all vacant properties or the name of the mortgagee and the servicer and following information of the property owner or mortgagee: direct mailing address, direct contact name and telephone number, facsimile number, e-mail address, folio or tax number of the property, and the name and 24-hour contact phone number of the property management company responsible for the security and maintenance of the property. D. This Chapter shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. E. A registration period shall be in effect for a twelve (12) month period. A registration fee in an amount to be established by the City Commission by Resolution shall accompany the registration form(s) and is due and payable at such time as each abandoned property is registered. If a property remains vacant or in default beyond the initial twelve (12) month registration period, the property shall be re-registered and shall be subject to all applicable fees established by the City Commission by Resolution. F. Properties subject to this section shall remain under the registration requirement and security and maintenance standards of this section as long as they remain vacant. G. Any person or entity that has registered a property under this section must report any change of information contained in the registration in writing within ten days of the change to the City Manager or his or her designee. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. CODIFICATION. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 20 . APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson,Mayor (SEAL) ADVERTISED ,20_ READ FIRST TIME ,20_ READ SECOND TIME AND ADOPTED ,20 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,20 . SHUFFIELD,LOWMAN&WILSON By: City Attorney 2 COPY OF ADVERTISEMENT Date Published and Media Name rV, Thursday.JuLV 23,2020 The West;Orange Times I • Advertisement or Article • FIRST INSERTION CITY OF OCOEE PUBLIC HEARING A Public Hearing before the Ocoee City Commission will be held-Tuesday,Au- gust 4,2020 at 6:15 p.m.or as soon thereafter as maybe heard,in the Commission Chambers of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to consider the following: AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,AMENDING CHAPTER 164 OF THE CITY OF OCOEE CODE OF ORDINANCES; REVISING ANI)UPDATING LANGUAGE RELATING TO PENALTIES; REVISING AND UPDATING LANGUAGE RELATING TO THE REG- ISTRATION OF ABANDONED PROPERTY;PROVIDING FOR APPLI- CABILITY AND SEVERABILITY;PROVIDING FOR CODIFICATION; PROVIDING AN EFFEC1IVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed actions;however,attendance inside the Ocoee Commission Chambers may be limited to accommodate social distancing'and is subject to • change based on the Governors Executive-Order.This meeting is broadcast- ed live on Spectrum Channel 493 with a live stream at wwwOeoee.org/197/ Ocoee-TV.Any interested party is invited to offer comments and/or questions during the hearing by emailing citizens®ocoee.org or calling 407 554-7118 or by registering in advance by emailing citizens®ocoee.org or calling 407- 905-3105 and City staff will call you during the live meeting. The Ocoee City Commission may continue the public hearing to other dates and times,as it deems necessary.Ha person decides to appeal any decision made by the City Commission with respect to any matter considered at such hearing,they will need a record of the proceedings,and for such purpose they may need to ensure that a verbatim record of the proceedings is made,which record includes the tes- timony and evidence upon which the appeal is to be based.In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407-905-3105 at least two days prior to the date of hearing. - July 23,2020 20-026271y