2020-017 Amending Chapter 164 Relating to Penalties and Registration of Abandoned Property ORDINANCE NO. 2020-017
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:
1
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
ef-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
2
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
3
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 y day of 4r4,1 , 20a, .
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
.... ..A..",e .ii.Afie,_
Melanie Sibbitt, City Clerk Rusty Johnso yor 1 }
(SEAL)
ADVERTISED 0?3 ,20?/
READ FIRST AN AND
2020
READ SECOND TI A D ADOPTED
A rbce 4/ ,2007da
UNDL4k AGENDA ITEM NO. 7
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this itntiay of pr ,20 2
SHUFFIELD,LOWMAN&WILSON,P.A.
By: __.
City Att.- %
lb