HomeMy WebLinkAboutOrdinance No. 07-2012 ORDINANCE NO 07-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
RELATING TO THE REGISTRATION OF PROPERTIES IN
FORECLOSURE; AMENDING CHAPTER 82, BUILDINGS
AND BUILDING REGULATIONS, OF THE CAPE
CANAVERAL CODE OF ORDINANCES BY CREATING A
NEW ARTICLE V, REGISTRATION AND MAINTENANCE
OF PROPERTIES IN FORECLOSURE; PROVIDING FOR
PURPOSE AND INTENT, DEFINITIONS, REGISTRATION
REQUIREMENTS, MAINTENANCE REQUIREMENTS,
SECURITY REQUIREMENTS, PENALTIES,
SUPPLEMENTAL AUTHORITY AND OTHER RELATED
PROVISIONS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE,SEVERABILITY,AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,the City Council finds that property subject to a mortgage in default often ends
up in situations causing neighborhood blight as a result of lack of adequate monitoring,maintenance
and security; and
WHEREAS, the City Council recognizes that the recent wave of foreclosures during the
current economic recession has caused a significant increase in properties becoming vacant within
the City; and
WHEREAS, the abandonment of real property due to foreclosure often results in property
} becoming deteriorated and a public nuisance; and
WHEREAS, the City Council finds that mortgagees have an interest in maintaining real
property that is subject to foreclosure proceedings so the property does not become an eyesore to
the neighborhood or a public nuisance; and
WHEREAS,the City Council further finds that it is in the public interest to address,through
code enforcement, the safety, aesthetic, and economic concerns caused by real property in
foreclosure; and
WHEREAS,the City Council's intent by imposing the registration and other requirements
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Ordinance No.07-2012
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set forth in this Ordinance,is to decrease the likelihood of vacant real property and real property in
foreclosure from becoming public eyesores and public nuisances; and
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WHEREAS,the City Council also desires to provide a local mechanism to collect and share
information regarding foreclosed real properties so these properties can quickly move into the hands
of owners who can make productive use of them for the economic well-being of the community;and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Chapter 82 Code Amendment. Chapter 82,Article V of the Cape Canaveral
Code of Ordinances is hereby created and adopted as follows:
Chapter 82. BUILDINGS AND BUILDING REGULATIONS
* * *
ARTICLE V. REGISTRATION AND MAINTENANCE OF PROPERTIES IN
FORECLOSURE
Sec. 82-116. Purpose and Intent.
Vacant buildings and real property under foreclosure are a major source of blight in
commercial and residential neighborhoods,especially when the owner or mortgagee fails to properly
maintain said buildings and property.Vacant buildings and real property under foreclosure can also
have a negative impact on the local economy. In many cases,real property under foreclosure often
suffers from lack of maintenance and becomes neglected during the time it takes a mortgagee to
complete the foreclosure process and secure the property. Such blight and negative conditions are
hereby declared a public nuisance. It is the purpose and intent of this article to establish registration
and maintenance requirements for vacant properties and properties under foreclosure as a
mechanism to protect neighborhoods from becoming blighted and nuisances through lack of
adequate maintenance and security.
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Sec. 82-117. Definitions.
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In construing the provisions of this article, the following definitions shall apply:
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Building means any structure approved for occupancy by the city.
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Default means the mortgagee files a foreclosure action in a court of law or records a /is
pendens.
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Enforcement officer means any code enforcement officer,law enforcement officer,building
official, or fire inspector employed by or contracting with the City of Cape Canaveral authorized
to enforce this article.
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Evidence of vacancy means any real property condition that independently,or in the context
of the totality of the circumstances relevant to the real property, would lead a reasonable person to
I believe that the real property is vacant. Such conditions may include,but not be limited to, lack of
human occupancy of any building for a long period of time, overgrown or dead vegetation;
electricity and other utilities turned off; stagnant swimming pool; accumulation of trash or debris;
1 the absence of window coverings such as curtains,blinds,or shutters;the absence of furnishings or
personal items consistent with habitation or occupancy of a building; statements by neighbors,
delivery or government agents.
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Foreclosed property means real property that is in default.
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z Local property manager means an individual property manager, property management
company,property maintenance company or similar entity with a current business address and land
line telephone number within Brevard,Indian River,Orange,Osceola,Seminole,or Volusia County,
designated by the owner or mortgagee responsible for the maintenance of abandoned real property.
Owner of record means the person or entity holding recorded title to the real property in &
question as reflected in the Official Records of Brevard County, Florida.
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Secure manner shall include,but not be limited to,the closure and locking of all windows,
doors, gates, garages, and other openings that may allow access to the interior of any building or 1
structure on the real property. In the case of broken windows or doors, securing shall mean
replacing the window or door. Temporary boarding of openings may be allowed pending repairs
to the extent required by the enforcement officer to address public safety and emergency situations.
Vacant means any building that is not lawfully occupied by human beings or inhabited based 1
on the evidence of vacancy.
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Sec. 82-118. Registration Requirements.
(a) Any mortgagee who holds a mortgage on real property located within the city shall,
within ten(10) days of default by the mortgagor of the real property that is the security for
the mortgage,register the property with the city. Registration shall be on a form provided
by the city and shall include, at a minimum, the following:
(1) The mortgagee's name, direct mailing address, e-mail address, contact
person, and telephone number;
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(2) The address and parcel identification number of the real property that is being
foreclosed upon by mortgagee;
(3) Whether the property is vacant or occupied during the default period;
(4) If the real property is, or becomes, vacant, the name, street address, e-mail k
address, and telephone number of the local property manager that will work on the
mortgagee's behalf to inspect, maintain, and secure the real property;
(5) If a foreclosure complaint involving the real property has been filed in circuit
court,or the real property is subject to a bankruptcy proceeding,the style of the case,
including, court name, case number, and parties;
(6) Express authorization for city employees to enter upon the exterior of the
property in the event the property becomes vacant for the purpose of ensuring
compliance with this article.
(b) At the city's discretion,registration required by this section shall be made on a paper
form or electronically. If the city chooses electronic registration, the city may retain the
services of a third party to handle the registration requirements, provided the information
obtained pursuant to this section is made readily available to the city and accessible pursuant
to the public records laws of Florida.
(c) Any person or other legal entity that has registered a property under this section shall
be required to report any change of information contained in the registration within ten(10)
days of the change.
(d) In the event there are several mortgagees with mortgages on the property, the
registration,inspection,maintenance,and security requirements imposed by this article shall
apply to the mortgagee with the most superior mortgage that has declared the mortgage in
default unless the several mortgagees notify the city to the contrary in writing. However,
nothing herein shall prevent inferior mortgagees from voluntarily complying with this article
after a primary mortgagee registers hereunder.
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Sec. 82-119. Registration Fees.
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I The City Council shall establish, by resolution, fees for the registration and re-registration
requirements required by this article. Said fees shall be based on the reasonable estimated cost of
administering the provisions of this article and shall be due and payable at the time of registration
1 or re-registration. The fee schedule may be based on the size and type of property being registered.
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Sec. 82-120. Mortgagee Inspection Requirements.
If the foreclosed property becomes vacant at any time, the mortgagee shall initiate and
maintain on-site inspections of the property at least once every thirty(30)days to verify compliance
with this article. Said inspections shall continue until such time as the default is cured, or the
mortgagee completes the foreclosure process and the property is sold to a third party either directly
by the mortgagee or at a foreclosure sale. Once the property is sold, the mortgagee shall provide
the city written proof of the sale in order to be relieved of the requirements of this article.
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Sec. 82-121. Maintenance Requirements. €
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The following maintenance requirements shall apply to properties subject to this article:
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(a) The property shall be kept free of excessive weeds, overgrown brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspapers,
circulars,flyers,notices(excluding those required by federal,state, or local law),discarded
personal items such as furniture, clothing, appliances, printed materials or any other items
1 that give the a pp earance that the property is abandoned or not being pro erl maintained.
(b) The property shall be maintained free of graffiti or similar markings by removal or
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painting over with an exterior grade paint that matches the color of the exterior of the
structure.
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(c) Yards on developed property shall be regularly landscaped and maintained in good
condition pursuant to the property maintenance standards set forth in the City Code. At a
minimum, landscaping on developed property shall include, but not be limited to, grass, 1
ground covers,bushes, shrubs,hedges,mulch, or similar plantings which are appropriately
designed for residential, commercial, or industrial installation as applicable. Maintenance
1 on developed property shall include,but not be limited to, watering, irrigation, cutting and
mowing of required landscape and removal of all trimmings. Undeveloped property that has
been cleared shall be maintained in good condition free of excessive weeds,debris,and junk
pursuant to the property maintenance standards set forth in the City Code. Property in a
natural condition shall be maintained in its natural condition free and clear of debris and
junk.
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(d) Pools and spas shall be regularly kept in working order so that pool and spa water
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remains free and clear of pollutants and debris. Pools and spas shall comply with the
enclosure requirements of the City Code and Florida Building Code.
(e) Outdoor play equipment,furnishings,or other accessory structures shall be properly
maintained and secured so as not to be accessible to unauthorized persons or not to create
an attractive nuisance or safety hazard.
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(f) The property shall be regularly monitored for indications of criminal activity on the
premises such as use and sale of controlled substances,prostitution,and criminal street gang
activity. Any indication of criminal activity shall be reported to the Sheriff's Department 1
at such time it becomes reasonably known.
Sec. 82-122. Security Requirements.
(a) Buildings and structures subject to this article, and property subject to this article
which is required to be enclosed or secured in accordance with law, shall be maintained in 1
a secure manner at all times so as not to be accessible to unauthorized persons.
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(b) If a foreclosed property becomes vacant, the mortgagee shall perform, or designate
a local property manager to perform on the mortgagee's behalf, on-site inspections of the
foreclosed property to verify compliance with the requirements of this article,and any other
applicable laws. Said inspections shall occur a minimum of once every thirty(30)calendar
days unless an enforcement officer determines,in writing,that more frequent inspections are
required to ensure compliance with this article or to prevent a decline of the property, a
public or attractive nuisance, or a blight on the surrounding neighborhood. At the written
request of the city prior to any inspection required by this article,the person performing the
inspection shall be required to schedule the inspection with the city for a date and time
certain so that an enforcement officer can meet the person on-site in order to address any
compliance issues under this article.
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(c) When a foreclosed property becomes vacant, it shall be posted as follows:
(1) The posting shall contain the name and telephone number of the local
property manager, who shall be accessible at said telephone number 24 hours per
day. The posting shall be on white paper 8 1/2 by 11 inches in size and shall be in a
} type no smaller than 24 point. tr
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(2) The posting shall contain language substantially similar to the following: [
THIS PROPERTY IS MANAGED BY [NAME OF LOCAL PROPERTY
MANAGER].TO REPORT PROBLEMS OR CONCERNS,CALL[TELEPHONE
NUMBER(S) OF LOCAL PROPERTY MANAGER]. 1
(3) The posting shall be placed on the interior of a window facing the street to
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the front of the property so that it is visible from the street,or secured to the exterior
of the building/structure facing the street to the front of the property so that it is
visible from the street,or if no such area exist,on a stake of sufficient size to support
i the posting in a location that is at all times visible from the street to the front of the
1 property but not readily accessible to vandals. Exterior posting shall be constructed
of and printed with weather-resistant materials.
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Sec. 82-123. Additional Authority of Enforcement Officers; Immunity.
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(a) Enforcement officers shall have the authority to require the mortgagee and/or owner
1 of record affected by this section to implement additional maintenance and/or security
measures including,but not limited to,securing or repairing of any and all doors,windows,
1 or other openings, chaining or pad locking gates, repairing fences and gates, or other s
measure as may be reasonably required to prevent a decline of the property, a public or i
attractive nuisance, or a blight on the surrounding neighborhood. Temporary boarding of
1 openings may be allowed pending repairs to the extent required by an enforcement officer
to address public safety and emergency situations. Said additional requirements shall be
I stated in writing and shall have the force of law under this article.
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(b) Any enforcement officer authorized by the city to enforce this article shall be
immune from prosecution,civil or criminal,for reasonable good faith entry or trespass upon
r any real property while in the discharge of duties imposed by this article.
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Sec. 82-124. Enforcement; Penalties.
(a) The provisions of this article may be enforced and penalties imposed on mortgagees
and/or owners of record for violations of this article as provided by law. Without limiting
the city's right to impose any other penalties as provided by law, or to enforce this article
by any other lawful means,a violation of this article shall be deemed a class IV violation for
t code enforcement citation purposes. Nothing under this article shall be construed as
imposing liability on local property managers acting on a mortgagee's behalf pursuant to this
I article.
1 (b) Upon failure of the mortgagee to comply with the maintenance or security requirements
under this article, the city manager or designee may take such appropriate action deemed
necessary to remedy a maintenance and security failure on property subject to this article.
Any such action taken on such premises shall be charged against the real estate upon which
1 the building or structure is located and shall be a lien upon such real estate. Any such lien
shall be superior to all other liens except those of state, county or municipal taxes and shall
be on a parity with liens of state, county or municipal taxes. Further, such lien shall bear
interest at the maximum rate permitted by state law and costs of collection, and shall i
continue to be a lien against the real estate until paid.
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Sec. 82-125. Supplemental Authority.
This article shall be deemed in addition and supplemental to any other provision of law.
Section 3. Amendment to Section 2-283. Section 2-283 of the Cape Canaveral Code
of Ordinances is hereby amended as follows(underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Sec. 2-283. Applicable codes and ordinances; class violations.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
* * *
(13) Chapter 82, Article V, Registration and Maintenance of Properties in
Foreclosure . . . . Class IV.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the City
Code for the City of Cape Canaveral, and any section or paragraph, number or letter, and any
heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive,procedural,or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
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I TED by t 'e City Council of the City of Cape Canaveral, Florida, this 15th day of 1
May,2 2. n`•. AN'i
A L_ ' car. Betty Wa ,Mayor Pro Tern
ATtST:- For Against
/II sc "~ John Bond g Att.
1 ANG L�14> ty Clerk Bob Hoog Second
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Buzz Petsos Motion
1 Rocky Randels Absent
d Betty Walsh X s
k.
I First Reading: April 17,2012
Legal Ad published: April 23,2012
i Second Reading: May 15,2012
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Approved . . o legal form and sufficiency
for the f• • " . se Canaveral only by:
• THONY A. GARGANESE,City Attorney
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City of Cape Canaveral
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