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HomeMy WebLinkAbout2012-017 Vacant Property RegistryORDINANCE NO. 2012-017 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW CHAPTER 164 OF THE CITY CODE ESTABLISHING A PROCESS TO ADDRESS THE AMOUNT OF DETERIORATING REAL PROPERTY LOCATED WITHIN THE CITY, WHICH INCLUDES PROPERTY, ABOUT WHICH A PUBLIC NOTICE OF DEFAULT HAS BEEN FILED, IS IN FORECLOSURE, 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 jurisdiction; and WHEREAS, deteriorating real property located within the City may have been issued public notices of default, may be in foreclosure, or their ownership may 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 fire hazards, hide building ORLA_1747879.4 (AS AMENDED) structural and electrical damage, attract children, homeless persons, squatters, and be the site of 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 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 Chapter 164, 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 and 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 property (hereinafter "Property ") means any property that is vacant or that 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. Mortgagee means a person or entity who holds a mortgage on Property as defined herein. F. Property Management Company 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 property of owner of record of Property as defined herein. H. 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 A person or entity that violates a provision of this Article, or who fails to perform an act required by this Article, commits an offense. A person or entity commits a separate offense each day or portions of a day during which the violation is committed, permitted or continued. The violator may be fined or required to pay a civil penalty in an amount to be established by the City Commission by Resolution or as provided for in the applicable section of the City Code. ORLA_1747879.4 (AS AMENDED) 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. A. Any property owner or mortgagee who owns or holds a mortgage on Property as defined in this Article 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 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 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 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. 4 ORLA_1747879.4 (AS AMENDED) E. A registration fee in an 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. 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. 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. 5 ORLA_1747879.4 (AS AMENDED) 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 the applicable provision of the City Code including, but not limited to, Section 7, Enforcement of Code, Section 108, Minimum Standards Codes and Section 115, Nuisances. SECURITY REQUIREMENTS A. Properties subject to this Article 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. The mortgagee or the property owner 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 owner or the mortgagee shall provide a copy of the inspection reports to the City's Code Enforcement Division. D. If the owner of the Property or the mortgagee is unable or unwilling to perform maintenance and inspections, a Property Management Company shall be contracted with to perform bi- weekly inspections to verify compliance with the requirements of this Article and any other applicable laws. E. Failure of the- mortgagee or property owner to properly secure the Property may result in a violation of the City Code and action by a City Enforcement Officer as provided for under the applicable City Code provision 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. 6 ORLA_1747879.4 (AS AMENDED) 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 City Manager, or his or her 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. 7 ORLA_1747879.4 (AS AMENDED) PASSED AND ADOPTED this V_ day of 20�. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA eth Ier berry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TQ FORM AND LEGALITY this day of NOV, , 201 Z, SHUFFIELD, LOWMAN & WILSON By: ttorney 8 ORLA_1747879.4 (AS AMENDED) S. Scott Vandergrift, Mayo ADVERTISED Oa}1Q�,X QE:-) , 20l a. READ FIRST TIME Qo )rt\ x `lo, 201,�j_ READ SECOND TIME AND ADOPTED JSJ oyerDk,,e U , 201a UNDER AGENDA ITEM NO.L�\�