HomeMy WebLinkAboutItem #08 First Reading of Ordinance Establishing a Process for the Registration of Property Located within the City Sre c of Good
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AGENDA ITEM COVER SHEET
Meeting Date: October 16, 2012
Item # 8
Reviewed By:
Contact Name: Lieutenant Mike Bryant Department Director: Chief COarles,.,J. Browry,%_
Contact Number: 407 - 905 -3160 ext. 3038 City Manager: Robert Fran,l,`,:% r' r ✓✓
Subject: 1) Adoption of an Ordinance establishing a process for the registration of real
property located within the city to protect neighborhoods from becoming blighted through the
lack of adequate maintenance and security of abandoned properties or properties in the
process of foreclosure (First Reading).
Background Summary:
Multiple municipalities in Florida have established an abandoned residential property program as a mechanism
to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and
security of abandoned properties. These properties not only create code violations, but they also produce fire
hazards, as well as attract children and homeless. They are taken over by squatters and house criminal
enterprises. These issues are compounded when the individual property ownership is being disputed and the
property does not have up -to -date contact information. Without a registry, police and code enforcement are
unable to prosecute or even trespass the individuals involved, leaving the properties subject to further neglect.
An ordinance establishing a registration requirement for abandoned properties or properties in the process of
foreclosure will provide an immediately accessible database for police, fire, and code enforcement personnel to
utilize help to deter continued neglect of these properties and the negative effects they have on the community.
Issue:
Should the Honorable Mayor and Board of City Commissioners pass an Ordinance establishing a process for the
registration of abandoned properties or properties in the process of foreclosure?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners pass an Ordinance establishing a
process for the registration of abandoned properties or properties in the process of foreclosure.
Attachments:
Ordinance
Financial Impact:
$100 to $500 per property involved. The abandoned property registration program will be administered by a
contractor in exchange for a percentage of the fees collected. The ordinance also calls for fines for failing to
register.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
x Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Robin Drage 10 -5 -12 N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
ORDINANCE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A
NEW ARTICLE OF CHAPTER OF THE CITY CODE
ESTABLISHING A PROCESS TO ADDRESS THE AMOUNT OF
DETERIORATING REAL PROPERTY LOCATED WITHIN THE CITY,
WHICH INCLUDES PROPERTY, WHETHER VACANT OR OCCUPIED,
ABOUT WHICH A PUBLIC NOTICE OF DEFAULT HAS BEEN FILED,
IS IN FORECLOSURE, OR WHERE OWNERSHIP HAS BEEN
TRANSFERRED TO LENDER OR MORTGAGEE BY ANY LEGAL
METHOD, BY SPECIFICALLY ESTABLISHING AN ABANDONED
PROPERTY PROGRAM AS A MECHANISM TO PROTECT
RESIDENTIAL NEIGHBORHOODS FROM BECOMING BLIGHTED
THROUGH THE LACK OF ADEQUATE MAINTENANCE AND
SECURITY OF ABANDONED PROPERTIES. PROVIDING FOR
DEFINITIONS; PROVIDING FOR A REGISTRATION PROCESS;
PROVIDING FOR THE ESTABLISHMENT OF MAINTENANCE
REQUIREMENTS, SECURITY REQUIREMENTS, VIOLATIONS AND
PENALTIES; PROVIDING FOR THE DECLARATION OF
ABANDONDED REAL PROPERTY AS A PUBLIC NUUISANCE AND
IMMUNITY FOR ENFORCEMENT OFFICERS; PROVIDING FOR
APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, citizens residing within the city limits of Ocoee have expressed an interest
in need to protect residential neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned properties within City of Ocoee jurisdiction;
and
WHEREAS, deteriorating real property located within the city limits of Ocoee may have
been issued public notices of default, may be in foreclosure, or their ownership has been
transferred to lender or mortgagee by any legal method; and
WHEREAS, properties can be vacant or occupied; and
WHEREAS, these properties can create code violations, fire hazards, hide building,
ORLA_1747879.4 (AS AMENDED)
structural, and electrical damage, attract children, homeless, squatters, and criminal activity; and
WHEREAS, to protect the health, safety, and welfare of its citizens, the City desires to
register abandoned property to insure contact information on property owners is readily available
for notice of required maintenance and security of abandoned property.
NOW, THEREFORE, BE IT ENACTED BY 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. A new Article of Chapter , _ , of the Code of
Ordinances of the City of Ocoee Code, Florida, is hereby adopted as follows:
ARTICLE III
REGISTRATION, MAINTENANCE, AND SECURITY OF ABANDONED REAL
PROPERTY
TITLE; AUTHORITY.
A. This Article shall be known and may be cited as the "ABANDONED
PROPERTY Ordinance ".
B. The City has the authority to adopt this article pursuant to Article VIII of the
Constitution of the State of Florida, Chapter 166, Florida Statutes.
DEFINITIONS.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
2
ORLA_1747879.4 (AS AMENDED)
A. Abandoned real properly means any property that is vacant or is subject to a
mortgage under a current notice of default or notice of mortgagee's sale, pending
tax assessors lien sale or vacant properties that have been the subject of a
foreclosure sale where the title was retained by the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a deed in lieu of
foreclosure or sale.
B. Evidence of vacancy means any condition that on its own, or combined with other
conditions present would lead a reasonable person to believe that the property is
vacant. Such conditions may include, but not be limited to, overgrown or dead
vegetation, accumulation of abandoned real property, as defined herein,
statements by neighbors, passers -by, delivery agents or government agents,
among other evidence that the property is vacant.
C. Enforcement officer means any building official, zoning inspector, code
enforcement officer, fire inspector, or building inspector employed by the City.
D. Foreclosure means the process by which a property, placed as security for a real
estate loan, is sold at public sale to satisfy the debt if the borrower defaults.
E. Property management company means a property manager, property maintenance
company, or similar entity or individual responsible for the maintenance of
abandoned real property.
F. Vacant means any building /structure that is not legally occupied.
APPLICABILITY
These sections shall be considered cumulative and not superseding or subject to any other law or
provision for same, but shall rather be an additional remedy available to the City above and
beyond any other state, county, or local provisions for same.
PENALTIES; SCHEDULE OF CIVIL PENALTIES
Any entity or person who shall violate the provisions of this division shall, upon
conviction, shall pay a civil penalty in an amount to be established by the City
Commission by resolution.
PUBLIC NUISANCE.
All abandoned real property is hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety
of the residents of the city.
REGISTRATION OF ABANDONED REAL PROPERTY.
3
ORLA_1747879.4 (AS AMENDED)
A. Any property owner of record who owns vacant property or if applicable, any
mortgagee who holds a mortgage on real property located within the city upon
default by the mortgagor and prior to the issuance of a notice of default, shall
perform an inspection of the owned property or the property that is the security
for the mortgage. If the property is found to be vacant or shows evidence of
vacancy, it shall be deemed abandoned real property and property owner of record
or if applicable, the mortgagee shall, within ten days of the inspection, register the
property with the city manager, or his designee, on forms or a registry provided
by the City. A registration is required for each property whether vacant or
occupied. A fee, to be 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 his 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 designee, on forms provided by the City.
C. Registration pursuant to this section shall contain the name of the property owner
of record or if applicable, the mortgagee and the servicer, the direct mailing
address of the aforementioned parties, a direct contact name and telephone
number for the aforementioned parties, a facsimile number and e -mail address for
the aforementioned parties, the folio or tax number, 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 section 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 fee in the amount to be established by the City Commission by
resolution, shall accompany the registration form(s).
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.
4
ORLA_1747879.4 (AS AMENDED)
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 designee.
MAINTENANCE REQUIREMENTS.
A. Properties subject to this section shall be kept free of weeds, overgrown brush,
dead vegetation, pests, trash, junk, debris, building materials, any accumulation of
newspapers, circulars, flyers, notices (except those required by federal, state, or
local law), abandoned vehicles, portable storage devices, discarded personal items
including, but not limited to, furniture, clothing, large and small appliances,
printed material, or any other items that give the appearance that the property is
abandoned.
B. The property shall be maintained free of graffiti or similar markings by removal
or painting over with an exterior grade paint that matches the color of the exterior
structure.
C. Front, side, and rear yards, including landscaping, shall be maintained in
accordance with the City's Code of Ordinances.
D. Yard maintenance shall include, but not be limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf /sod designed specifically for residential installation. Acceptable maintenance
of yards and /or landscaping shall not include weeds, gravel, broken concrete,
asphalt or similar material.
E. Maintenance shall include, but not be limited to, watering, irrigation, cutting, and
mowing of required ground cover or landscape and removal or all trimmings.
F. Pools and spas shall be maintained so that the water remains free and clear of
pollutants and debris. Pools and spas shall comply with all requirements of the
City's Code of Ordinances and Florida Building Code, as amended from time to
time.
G. Failure of the mortgagee or property owner of record to properly maintain the
property may result in a violation of the City Code and action by a City
enforcement officer as provided for under applicable Ocoee City Code including,
but not limited to Section 7 Enforcement of Code, Section 108 Minimum
Standards Codes, and Section 115 Nuisances.
5
ORLA_1747879.4 (AS AMENDED)
SECURITY REQUIREMENTS
A. Properties subject to this ordinance shall be maintained in a secure manner so as
not to be accessible to unauthorized persons.
B. A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, gates, and other openings of such size that may allow a child to
access the interior of the property or structure. Broken windows shall be secured
by deglazing of the window.
C. If the property is owned by a person(s), entity, or mortgagee that is unable or
unwilling to perform maintenance and inspections itself, a property management
company shall be contracted to perform bi- weekly inspections to verify
compliance with the requirements of this section and any other applicable laws.
D. The mortgagee or. if no mortgagee exists, the property owner of record shall
inspect or have inspected the property on a bi- weekly basis to ensure that the
property is in compliance with this section. Upon the request of the City, the
mortgagee shall provide a copy of the inspection reports to the code enforcement
division.
E. Failure of the mortgagee or property owner of record to properly maintain the
property may result in a violation of the City Code and action by a City
enforcement officer as provided for under applicable Ocoee City Code including,
but not limited to Section 7 Enforcement of Code, Section 108 Minimum
Standards Codes, and Section 115 Nuisances.
OPPOSING, OBSTRUCTING ENFORCEMENT OFFICER; PENALTY
Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the
enforcement office in the discharge of duties as provided in this section, upon conviction shall be
punished by the imposition of a civil penalty in the amount to be established by the City
Commission by resolution.
IMMUNITY OF ENFORCEMENT OFFICER.
Any enforcement officer or any person authorized by the enforcement officer shall be immune
from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while
in the discharge of duties imposed by these sections.
ADDITIONAL AUTHORITY
6
ORLA_1747879.4 (AS AMENDED)
The city manager, or his designee, shall have authority to require the mortgagee or owner of
record of any property affected by this section, to implement additional maintenance or security
measures including, but not limited to, securing any and all doors, windows or other openings,
employment of an on -site security guard, or other measures as may be reasonably required to
prevent a decline of the property.
SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 20
7
ORLA_1747879.4 (AS AMENDED)
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, 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
8
ORLA_1747879.4 (AS AMENDED)
ORDINANCE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A
NEW ARTICLE OF CHAPTER OF THE CITY CODE
ESTABLISHING A PROCESS TO ADDRESS THE AMOUNT OF
DETERIORATING REAL PROPERTY LOCATED WITHIN THE CITY,
WHICH INCLUDES PROPERTY, - - - ' ' • 0 + 0 ' . ' I,
ABOUT WHICH A PUBLIC NOTICE OF DEFAULT HAS BEEN FILED,
IS IN FORECLOSURE, OR WHERE OWNERSHIP HAS BEEN
TRANSFERRED TO A LENDER OR MORTGAGEE BY ANY LEGAL
METHOD OR IS VACANT, BY SPECIFICALLY ESTABLISHING AN
ABANDONED PROPERTY PROGRAM AS A MECHANISM TO
PROTECT RESIDENTIAL NEIGHBORHOODS FROM BECOMING
BLIGHTED THROUGH THE LACK OF ADEQUATE MAINTENANCE
AND SECURITY OF ABANDONED PROPERTIES. PROVIDING FOR
DEFINITIONS; PROVIDING FOR A REGISTRATION PROCESS;
PROVIDING FOR THE ESTABLISHMENT OF MAINTENANCE
REQUIREMENTS, SECURITY REQUIREMENTS, VIOLATIONS AND
PENALTIES; — PROVIDING FOR THE DECLARATION OF
ABANDONDED REAL PROPERTY AS A PUBLIC NUUISANCE AND
IMMUNITY FOR ENFORCEMENT OFFICERS; PROVIDING FOR
APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS. citizens residing within the city limits of Ocoee have expressed an interest
in the need to protect residential neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned properties within the City's of Ocoee
jurisdiction; and
WHEREAS, deteriorating real property located within the cit■ ('itv limits of Ocoee may
have been issued public notices of default, may be in foreclosure, or their ownership Imo; -ma
have been transferred to a lender or mortgagee by any legal method; and
WHEREAS, properties can be vacant or occupied; and
WHEREAS, these properties can create code violations, cause lire hazards, hide building;
ORLA_1747879.4 (AS AMENDED)
structural; and electrical damage, attract children, - homeless persons. squatters, and be the site of • - - - - Formatted: Line spacing: Double
criminal activity; and
- - - I Formatted: List Paragraph
WHEREAS, to protect the health, safety. and welfare of its citizens, the City desires to
register abandoned property to insure contact information on property owners is readily available
for notice of the required maintenance and security of the abandoned property.
NOW, THEREFORE, BE IT ENACTED BY 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. A new Article of Chapter , . of the Code of
Ordinances of the City of Ocoee Code, Florida, is hereby adopted as follows:
ARTICLE III
REGISTRATION, MAINTENANCE, AND SECURITY OF ABANDONED REAL
PROPERTY
TITLE; AUTHORITY.
A. This Article shall he known and may he cited as the "ABANDONED
PROPERTY OrdinanceORDINANCF ".
B. The City has the authority to adopt this article pursuant to Article VIII of the
Constitution of the State of Florida -_and Chapter 166, Florida Statutes.
DEFINITIONS.
2
ORLA_1747879 4 (AS AMENDED)
The following words, terms and phrases. when used in this article, shall have the meanings
ascribed to them in this section. except where the context clearly indicates a different meaning:
A. Abandoned real property (hereinafter "Propert\`) means any property that is
vacant or that subject to a mortgage under a current notice of default or notice
of mortgagee's sale, pending tax assessors lien sale or vacant properties that have
been the subject of a foreclosure sale where the title was retained by the
beneficiary of a mortgage involved in the foreclosure and any properties
transferred under a deed in lieu of foreclosure or sale.
B. Evidence of vacancy means any condition that on its own, or combined with other
conditions present would lead a reasonable person to believe that the
propertyProperty is vacant. Such conditions may include, but not be limited to,
overgrown or dead vegetation, accumulation of abandoned real property, as
defined herein, statements by neighbors. passers -by, delivery agents or
government agents, among other evidence that the propertyPropert\ is vacant.
C. Enforcement officer Officer means any building official, zoning inspector, code
enforcement officer, fire inspector, or building inspector employed by the City.
D. Foreclosure means the process by which a propertyPropert\, placed as security
for a real estate loan, is sold at public sale to satisfy the debt if the borrower
defaults.
T;. AlOrtgage e means a person or entity who holds a morteafle on Property as defined. - - Formatted: Bullets and Numbering
herein.
II - /:P. Property nuanat 1lwiagriuent company ('ontpanv means a property
manager. property maintenance company, or similar entity or individual
responsible for the maintenance of abandoned real property.
G. Property Owner means the propert\ of o\\ner of record of Property as defined
herein.
1 I. I 'accent means any building /structure that is not legally occupied. Formatted: Font: Not Italic
APPLICABILITY
"These sections shall be considered cumulative and not superseding or subject to any other law or
provision for same, but shall rather be an additional remedy available to the City above and
beyond any other state. county. or local provisions for same.
PENALTIES; SCHEDULE OF CIVIL PENALTIES
A person or entity that violates a proN ision of this Article. or who fails to perform an act required.- - - formatted: Indent: Left: 0 ", First line: 0"
by this Article. commits an offense. A person or entity commits a separate offense each day or
3
ORLA_1747879.4 (AS AMENDED)
portions of a da\ during which the violation is committed, permitted or continued. The violator
may be lined or required to paw a civil penultv in an amount to he established by the City
Commission h\ Resolution or as provided for in the applicable section of the City Code _ - iformatted: Font: Not Bold, No underline J
Any-- entity -or person who shall \ iolate the pro\- +lions of this division s -upon
conviction. shall pay a civ it penalty in an amount to he established by the City
Commission by resolution.
PUBLIC NUISANCE.
All abandoned real property is hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety
of the residents of the cityC'itw.
REGISTRATION OF ABANDONED REAL PROPERTY.
A. cony property owner or mortgagee, of record who owns or holds a mortoace on - - i Formatted: Not Highlight I
vacant propertyPCOpeI'1\' as defined in this Article or 11 applicable. any I110Clgal;ee i F ormatted: No t Highlight )
who holds a mort`age on r.al property located within the city upon default by the - ., I Formatted: Not Highlight )
mortgagor and prior to the issuance of a notice of default, shall perform an ' Formatted: Not Highlight )
inspection of the owned property I jrof)erty - - - _ - - - [Formatted: Not Highlight )
the mortgageat the time the Property becomes unoccupied or prior to the time
when a Notice of Default is issued. If the property Property, is found to be vacant__ - Formatted: Not Highlight
or shows evidence of vacancy', it shall he deemed abandoned real property' and the - -{ Formatted: Not Highlight )
Ppropert_y owner of record or if applicable. the morgagee shall, within ten days of__ - - -{ Formatted: Not Highlight
the inspection, register the propertvPropert y with the city Qty manaeerManaeer, - - -( Formatted: Not Highlight )
or h or heir designee, on forms provided by the City or through „a registry” i ( Formatted: Not Highlight _
pro ided byappro\ ed the City Manager or his or her designe A rRegistration is \ Y l Formatted: Not Highlight )
> , Formatted: N ot Hi 1
Highlight
required for each property Iloperty whether vacant or occupied. A fee. to he Y„ , 9 9
established by' the City' Commission by' ltsehttionResolution, will be charged for ``` \ ,Formatted: Not Highlight
each registration and the City' reserves the right to contract to a third party' to `,`\ ∎\,\ ,' ormatted: Not Highlight
` Formatted: N ot Highlight
administer the registry' and collect the fee. , , \ ,
`\ � 1ormatted: Not Highlight )
B. If the property Property is occupied. but the mortgage on the property-Property \ Formatted: Not Highlight
remains in default. the property shall he inspected by' the mortgagee or { Formatted: Not Highlight
his its designee monthly until: (I) the mortgagor or other party remedies the Formatted: Not Highlight
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 propertyProperty registration to a vacancy' status providing
the date of last inspection with the city C'it.\ managerManager, or his or her
designee, on forms provided by the City.
4
ORLA_1747879.4 (AS AMENDED)
C. Registration pursuant to this section shall contain the name of the property owner - - - -f Formatted: Not Highlight
of record for all vacant properties pr if applicable, the name of the mortgagee and - - {Formatte Not Highlight
the servicer- and following information of the property U \ tier or ntmrleaeee:,t-he [ Formatted: Not Highlight _ _ j
direct mailing address of the aforementioned part-l-e a- direct contact name and {Formatted: Not Highlight
telephone number for the aforementioned partie`.., a-facsimile number_ anthe -mail - - - f Formatted: Not Highlight j
address for the aforementioned parti the folio or tax number of the Propert\,, - - -I Not Highlight
-
and the name and 24 -hour contact phone number of the property 1,ropert\ - - -I Formatted: Not Highlight
management MMinaaement company Qompan\ responsible for the security and - . - Formatted: Not Highlight
maintenance of the property Propert\; - (Formatted: Not Highlight
- - - - -- - - --
Formatted: Not Highlight
D. This section Article 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 fee in the-an amount to he established by the City Commission by
)(resolution; shall accompany the registration form(s).
P. 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 propertyPropert\ under this section
must report any change of information contained in the registration in writing
within ten days of the change to the citvCity manager Manaaeror his or her
designee.
MAINTENANCE REQUIREMENTS.
A. Properties subject to this section shall be kept free of weeds, overgrown brush,
dead vegetation, pests, trash, junk, debris, building materials, any accumulation of - - - -[ Formatted: Not Highlight
newspapers, circulate, flyers, notices (except those required by federal, state, or
local law). abandoned vehicles, portable storage devices, discarded personal items
including, but not limited to, furniture, clothing, large and small appliances,
printed material, or any other items that give the appearance that the
properlypropert\ is abandoned.
B. The propertyProperty shall he maintained free of graffiti or similar markings by
removal or painting over with an exterior grade paint that matches the color of the
exterior structure.
ORLA_1747879 4 (AS AMENDED)
C. Front. side, and rear yards, including landscaping. shall be maintained in
accordance with the City's Code of Ordinances.
D. Yard maintenance shall include, but not be limited to, grass, ground covers.
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically fbr residential installation. Acceptable maintenance
of yards and /or landscaping shall not include weeds, gravel, broken concrete,
asphalt or similar material.
E. Maintenance shall include, but not be limited to, watering, irrigation, cutting, and
mowing of required ground cover or landscape and removal or all trimmings.
E T . Pools and spas shall he maintained so that the water remains free and clear o1%,- - - Formatted: Indent: Left: os', Hanging:
pollutants and debris. Pools and spas shall comply with all requirements of the 0.5 Tab stops: 1 ", Left —
City's Code of Ordinances and Florida Building Code. as amended from time to 'f Formatted: Bullets and Numbering
time.
Fi Failure of the mortgagee or property owner of record to properly maintain-. -{ Formatted_ Not Highlight
the property Property may result in a violation of the City Code and action by a Formatted: Indent: Left: 1"
- - - - - - - - -- - - - --
City enforcement Enforcement officer l)f llcer as provided for under the l � f Formatted: Not Highlight
`pplicable Ocoee provision of the City Code including, but not limited to Section Formatted: Not Highlight
7 ,_Enforcement of Code, Section 108, Minimum Standards Codes, and Section; \ `� Formatted: Not Highlight
115 a
-
u ; 'qormatted: Not Highlight
■
\ \s ` fFormatted: Not Highlight
\ ; vormatted: Not Highlight
SECURITY REQUIREMENTS \ Formatted: Not Highlight
Not A. Properties subject to this ordinance Article shall he maintained in a secure manner A Formatted: Not Highlight ed - H
{ Formatted: Not Highlight
so as not to be accessible to unauthorized persons.
B. A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, gates, and other openings of such size that may allow a child to
access the interior of the prop reroperty or structure. Broken windows shall he
secured by deglazing of the window.
C. The morte'ac'ee or the property owner _shall inuilect, or have inspected. the' - " - - -{ Formatted: Bullets and Numbering �1
Property on a hi- weekly basis to ensure that the Property is in compliance with
this section. 1. pun the request of the C'it\. the owner or the mortgagee shall
provide a copy of the inspection reports to the City's Code Enforcement Division. t Formatted: Font: (Default) Times New
Roman, 12 pt
Gl). If the owner of the pProperty' or the mortgagee is owned by ti�3erson(s). entity'. Formatted: Hero, Indent: Left: 0.5 ",
Hanging: 0.5 ", Numbered + Level: 1 +
illoriLilgee that is unable or unwilling to perform maintenance and inspections \ Numbering Style: A, B, C, ... + Start at: 1 +
itself, a property- Property' management Manag n-
ement company- Company shall be Alignment: Left + Aligned at: 0.5" + Indent at:
'[Formatted: Bullets and Numbering
6
ORLA_1747879.4 (AS AMENDED)
contracted with to perform hi- weekly inspections to verify compliance with the
requirements of this section Article and any other applicable laws.
the property owner of I'ecord shall inspect Ur'- -- - -{ Formatted: Bullets and Numbering -
ha\ e inspected the property on a hi oo eCkl\ basis to ensure that the properly is in
compliance with this section. upon the re nest of the City. the mortgagee shall
provide a copy of the inspection reports to the code enforcement division.
Failure of the mortgagee orproperty owner of record to properly maintain secure - - - Formatted: Not Highlight
the proper t\ Propert\, may result in a violation of the City Code and action by a_ -f Formatted: Not Highlight
City enforcement Enforcement officer Officer as provided for under - -( Formatted: Not Highlight j
`pplicable Ococ� City Code provision including, but not limited to Section 7. -
� � � \ ' � Formatted: Not Highlight
Enforcement of Code, Section 108, Minimum Standards Codes -,and Section 115,
Nuisances. � \\\ \ Formatted: Not Highlight
\\ fiormatted: Not Highlight
m
'( Formatted: Not Highlight
:\ -
\J \\ ` Formatted: Not Highlight
OPPOSING, OBSTRUCTING ENFORCEMENT OFFICER; PENALTY `;;,f Formatted: Not Highlight
Formatted: Not Highlight
Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the Formatted: Not Highlight
enforcement office in the discharge of duties as provided in this section, upon conviction shall be Formatted: Not Highlight
punished by the imposition of a civil penalty in the amount to he established by the City
Commission by resr�ItH onResolution.
IMMUNITY OF ENFORCEMENT OFFICER.
Any enforcement officer or any person authorized by the enforcement officer shall be immune
from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while
in the discharge of duties imposed by these sections.
ADDITIONAL AUTHORITY
The citN Citvmana eelManwlcr, or his or her designee, shall have authority to require the
mortgagee or owner of record of any propertyProperty affected by this section, to implement
additional maintenance or security measures including, but not limited to, securing any and all
doors, windows or other openings, employment of an on -site security guard, or other measures as
may he reasonably required to prevent a decline of the property Property.
SECTION 3. 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
7
ORLA 1747879 4 (AS AMENDED)
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 4. 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 he authorized by the
cit∎Citc managerManager, without need of public hearing. by filing a corrected or recodified
copy of same with the City Clerk.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 20
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift. Mayor
(SEAL)
ADVERTISED , 20
READ FIRST TIME , 20
READ SECOND TIME AND ADOPTED
, 20
UNDER AGENDA ITEM NO.
8
ORLA_1747879.4 (AS AMENDED)
FOR USE AND RELIANCE ONLY BY
TILE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
SHITFIELD, LOWMAN & WILSON
By:
City Attorney
9
ORLA_1747879.4 (AS AMENDED)