HomeMy WebLinkAboutFederal Property Registration Corp. 5-18-12 1
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AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL
AND
FEDERAL PROPERTY REGISTRATION CORP.
This Agreement is made as of this 18 day of May , 2012 by and between
Federal Property Registration Corp., a Florida Corporation, with offices at 6767 N. Wickham
Road, Suite 400, Melbourne, Florida 32940 ("FPRC"), and the City of Cape Canaveral, a Florida
municipal corporation, with an address at 105 Polk Avenue, Cape Canaveral, FL 32920("City").
WITNESSETH:
WHEREAS, due to an overwhelming number of mortgage foreclosures on vacant
buildings and real property that are in violation of the Cape Canaveral Code of Ordinances, the
care of neglected lawns and exterior maintenance of structures is becoming a health and welfare
issue in the City Cape Canaveral; and
WHEREAS, in order to promptly and efficiently address the issues related to the
maintenance of foreclosed vacant buildings and real property; the Cape Canaveral City Council
adopted Ordinance 07-2012 ("the Ordinance"); and
WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with
FPRC in order to provide services authorized pursuant to Ordinance 07-2012, to register real
property that is in default (hereinafter "Foreclosed Property") so that the City can properly
address violations of the City's property maintenance codes; and
WHEREAS, FPRC will also provide an electronic registration process that is cost-free
and revenue-generating for the City.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by this reference.
2. FPRC Responsibilities ("Municipal Services").
A. FPRC shall proactively contact those mortgagees that, on or after the date that
this Agreement is approved by the Cape Canaveral City Council, file a public
notice of default, lis pendens, foreclosure action, or take title to real property
via foreclosure or other any legal means, and will provide such mortgagees
with copies of the Ordinance as well as information regarding the website for
electronic registration as set forth herein.
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B. FPRC shall provide the means for electronic registration of foreclosed
properties within the City. FPRC agrees to provide a website for the
registration of each Foreclosed Property in order to enable compliance with the
Ordinance. The website will direct registrants to the City's website, and further
direct traffic, via a hyperlink, to www.VacantRegistry.com. The website at
1 www.VacantRegistry.co>n will allow mortgagees and/or responsible parties to
register property to comply with the Ordinance.
C. FPRC shall investigate, report, or take corrective measures monthly to update
property status of all Foreclosed Property electronically registered and in
1 compliance with applicable City ordinances.
D. FPRC shall pay for all expenses related to registration of all Foreclosed
Property, and all administrative costs and fees related thereto.
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E. FPRC shall charge an annual fee of Two Hundred Dollars ($200.00) per
s applicant to register all mortgagees that are required to comply with Ordinance
07-2012 ("Registration Fee"). FPRC shall retain fifty percent (50%) of the
Registration Fee in consideration of the services provided and remit the
balance to the City. FPRC shall forward payment of the City's portion of the
Registration Fee to the City's Finance Department no later than the 15th day of
each month during the Term of this Agreement.
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F. FPRC shall execute the City's website link agreement and meet all City IT
security, and anti-viral requirements.
3. Indemnification and Hold Harmless. For all Municipal Services performed pursuant to
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this Agreement, FPRC agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City, its employees, attorneys and officers, from and against all claims, losses,
1 damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors,
omissions, intentional or otherwise, arising out of or resulting from FPRC's and its employees,
partners, contractors, and agents performance of the Municipal Services and work being
performed under this Agreement and (b) FPRC's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to FPRC's and its employees, partners, contractors, and agents
performance under this Agreement.
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The indemnification provided above shall obligate FPRC to defend at its own expense or
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to provide for such defense, at the option of the City, of any and all claims of liability and all
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suits and actions of every name and description that may be brought against the City or its
, employees and officers which may result from the Municipal Services performed under this
1 Agreement whether the Municipal Services are performed by the FPRC, its employees,
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contractors, partners, and agents or anyone directly or indirectly employed by FPRC. In all
i events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with the indemnification provided herein.
4. Term. This Agreement will terminate one (1) year from the date it is executed by the
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City ("Term"). In addition, the parties may agree to renew this Agreement on an annual basis for
additional one-year terms through the execution of a written amendment to this Agreement
signed by both parties.
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5. Termination. This Agreement may be terminated by either Party with or without cause,
immediately upon thirty(30)calendar days written notice. Upon termination by City, FPRC shall
4 cease all work performed and forward to the City any Registration Fees owed to the City.
In the event of termination of this Agreement, any reports, records, documents, forms,
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1 and other data and documents prepared by FPRC whether finished or unfinished shall be
I delivered by FPRC to the City Manager within seven (7) business days of termination of this
Agreement by either party. Any compensation due to FPRC shall be withheld until all documents
are received as provided herein.
6. Agreement Documents: City Ordinance 07-2012 is attached hereto as Exhibit "A" and
incorporated herein by this reference.
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7. Insurance. FPRC shall provide and maintain in force at all times during the Agreement
with the City, such insurance, including Workers' Compensation and Employer's Liability
Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and
Errors and Omissions Insurance as will assure to City the protection contained in the foregoing
indemnification undertaken by FPRC.
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A. General Liability Insurance: FPRC shall purchase and maintain, at its own
expense, such general liability insurance to cover claims for damages because of bodily injury or
death of any person or property damage arising in any way out of the programs, functions, and
services performed by FPRC and its authorized contractors under this Agreement. The insurance
shall have minimum limits of coverage of$1,000,000.00 per occurrence combined single limit
for bodily injury liability and property damage liability.
B. Workers' Compensation insurance of not less than the statutory limits with
$100,000 Employers Liability.
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1 C. Business Auto Liability coverage is to include bodily injury and property damage
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i arising out of operation, maintenance or use of any auto, including owned, non-owned and hired
automobiles and employee non-ownership with limits of not less than $1,000,000.00 per
i occurrence.
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1 D. Errors and Omissions Insurance limits of liability provided by such policy shall be
no less than$1,000,000.00 to assure City the indemnification specified herein.
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E. All insurance coverage shall be insurer(s) approved by the City Manager and
licensed by the state of Florida to engage in business of writing of insurance. The City shall be
named on the foregoing insurance policies as "additional insured." FPRC shall cause its
insurance carriers to furnish insurance certificates and endorsements specifying the types and
amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the
statement that no insurance under such policies will be cancelled without thirty (30) days prior
written notice to the City in compliance with other provisions of this Agreement. FPRC shall be
solely responsible to pay any deductible, if any, relating to any claim made against the insurance
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coverages and policies provided under this Agreement. If the City has any objection to the
coverage afforded by or other provision of the insurance required to be purchased and
maintained by FPRC in accordance with this paragraph on the basis of its not complying with the
Agreement, the City shall notify FPRC in writing thereof within thirty (30) days of the date of
delivery of such certificates and endorsements to the City. For all programs, functions, and
services permitted and occurring under this Agreement, including any and all programs,
functions, and services provided and performed by FPRC and by authorized contractors, FPRC
shall continuously maintain such insurance in the amount, type, and quality as required by this
Agreement.
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8. Public Records. FPRC agrees that all documents, transactions, writings, papers, letters,
1 tapes, photographs, sound recordings, data processing software, or other material, regardless of
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the physical form, characteristics, or means of transmission, made or received pursuant to this
I Agreement, are considered public records pursuant to Chapter 119, Florida Statutes. All public
1 records shall be retained for a period of three(3) years after the termination of this Agreement, or
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1 after resolution of all on-going state or local audits, whichever occurs later.
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9. Audit and Inspection.
A. All FPRC's records with respect to any matters covered by this Agreement shall
be made available to the City, at any time during normal business hours, as often as the City
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deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data in order
to determine FPRC's compliance with the terms and conditions of this Agreement. Any
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deficiencies noted in audit reports must be fully cleared by FPRC within thirty (30) days after
receipt by FPRC. Failure of FPRC to comply with the above audit requirements will constitute a
material breach of this Agreement and may result, at the sole discretion of the City, in the
termination of this Agreement. Any incomplete or incorrect entry in FPRC's records shall be a
basis for the City's disallowance and recovery of any payment upon such entry.
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1 B. In addition, FPRC shall respond to the reasonable inquiries of any successor
companies and allow such successor companies to receive records relating to matters of
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1 continuing significance to the City. In addition, FPRC shall provide a complete copy of all
records to the City,prior to any final payment, in accordance with this Agreement.
10. Provision of Services is a Private Undertaking. With regard to any and all Municipal
Services performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and FPRC is such that FPRC is
an independent contractor and not an agent of the City. FPRC, its members, employees,
contractors, partners, agents, and their employees are independent contractors and not employees
of the City. Nothing in this Agreement shall be interpreted to establish any relationship other
than that of an independent contractor, between the City and FPRC, its members, contractors,
1 partners, employees, or agents, during or after the performance of the Municipal Services under
this Agreement.
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This Agreement shall not be construed as creating any joint employment relationship between
FPRC and the City and the City will not be liable for any obligation incurred by FPRC, including
but not limited to unpaid minimum wages and/or overtime premiums.
11. Notices. Whenever any party desires to give notice unto any other party, it must be given
1 by written notice, sent by registered United States mail, with return receipt requested, hand
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delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining party, at the places last specified, and the places for giving of notice
shall remain such until they shall have been changed by written notice in compliance with the
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provisions of this section. Notice shall be deemed to have been given upon receipt. For the
present, FPRC and the City designate the following as the respective places for giving of notice:
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City: City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Attention: City Manager
(321) 868-1230
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Copy To: Anthony A Garganese, City Attorney
Brown, Garganese, Weiss& D'Agresta, P.A.
111 North Orange Avenue, Suite 2000
P.O. Box 2873
Orlando, Florida 32801
(407) 425-9566
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FPRC: Thomas R. Darnell, Vice President
6767 N. Wickham Road, Suite 400
Melbourne, FL 32940
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(321)421-6639
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1 12. Assignment. This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances, by FPRC without the prior written consent of
City.
13. Amendment. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
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14. Contingent Fees. The parties acknowledge that Geoffrey B. Sluggett & Associates,
i Relationship Manager, Independent Contractor and Consultant of FPRC, will receive a fee or a
1 commission, to be paid by FPRC, as a result of the parties executing this Agreement. The City
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shall not be responsible for payment of any fee(s) to Geoffrey B. Sluggett & Associates.
Geoffrey B. Sluggett & Associates is not a full-time employee of FPRC and performs services
for others.
15. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
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16. Laws and Ordinances. FPRC shall observe all laws and ordinances of the City, county,
state, federal or other public agencies directly relating to the Municipal Services being conducted
pursuant to this Agreement.
17. Equal Employment Opportunity. In the performance of this Agreement, FPRC shall
not discriminate against any firm, employee or applicant for employment or any other firm or
individual in providing services because of sex, age, race, color, religion, ancestry or national
origin.
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18. Waiver. Any failure by City to require strict compliance with any provision of this
Agreement shall not be construed as a waiver of such provision, and City may subsequently
I require strict compliance at any time, notwithstanding any prior failure to do so.
19. Severability. If any provision of this Agreement or application thereof to any person or
1 situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
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20. Choice of Law, Venue. This Agreement has been made and entered into in the State of
i Florida, County of Brevard, and the laws of the State of Florida shall govern the validity and
3 interpretation of this Agreement and the performance due hereunder.
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The parties agree that venue shall be exclusively in Brevard County, Florida, for all state
court actions or disputes which arise out of or based upon this Agreement, and in Orlando,
Florida for all federal court actions or disputes which arise out of or are based upon this
Agreement.
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21. Attorney's Fees. Except as otherwise provided by law, should either party bring an
I action to enforce any of the terms of this Agreement, each party shall bear its own costs and
expenses of such action including, but not limited to, reasonable attorney's fees, whether at
settlement,trial or on appeal.
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22. Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and the FPRC and supersedes all prior negotiations, representations or
agreements, either written or oral.
23. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to
° sovereign immunity under Section 768.28, or other limitations imposed on the City's potential
liability under state or federal law. As such, FPRC agrees that the City shall not be liable under
I this Agreement for punitive damages or interest for the period before judgment. Further, the
City shall not be liable for any claim or judgment, or portion thereof, to any one person for more
1 than one hundred thousand dollars ($100,000.00) or any claim or judgment, or any portion
i thereof, which when totaled with all other claims or judgments paid by the State or its agencies
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and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars($200,000.00).
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24. No City Obligation for Funds. No provision in this Agreement shall be construed as
requiring the City to provide any funds to FPRC.
25. Headings. All headings in this Agreement are for convenience only and shall not be
used to interpret or construe its provisions.
J 26. No Joint Venture. No provision contained herein shall be construed as creating a joint
venture between the parties.
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27. Professionalism and Standard of Care. FPRC shall do, perform and carry out in a
professional manner all Municipal Services required to be performed by this Agreement. FPRC
Ishall also use the degree of care and skill in performing the Municipal Services that are
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ordinarily exercised under similar circumstances by reputable members of professional service
i providers working in the same or similar locality as FPRC.
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28. Integration. The drafting, execution, and delivery of this Agreement by the parties have
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been induced by no representations, statements, warranties, or agreements other than those
expressed herein. This Agreement embodies the entire understanding of the parties, and there
Agreement
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are no further or other agreements or understandings, written or oral, in effect between the
parties relating to the subject matter hereof unless expressly referred to herein.
IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the
last party signs this Agreement as stated below.
ATTEST: CITY OF CAPE CANAVERAL:
C� M OrpttiOYN c9 GA.4 fl
Angela Apperson, City Clerk By: David Greene, City Manager
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Date: 5/16/2012
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WITNESS: , •
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Print ► • e: ,¢ / 4467/ By 6 ►#1 "el- t
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rint Name: Date:
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Agreement
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Exhibit "A"
ORDINANCE NO 07-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD 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
jthe 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
3 City of Cape Canaveral
Ordinance No.07-2012
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Exhibit "A"
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set forth in this Ordinance,is to decrease the likelihood of vacant real property and real property in
t foreclosure from becoming public eyesores and public nuisances;and
IWHEREAS,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
Iof owners who can make productive use of them for the economic well-being of the community;and
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I 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
iCanaveral.
INOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
i OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
1 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.
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i Section 2. Chapter 82 Code Amendment. Chapter 82,Article V of the Cape Canaveral
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Code of Ordinances is hereby created and adopted as follows:
Chapter 82. BUILDINGS AND BUILDING REGULATIONS
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J ARTICLE V. REGISTRATION AND MAINTENANCE OF PROPERTIES IN
I 4 FORECLOSURE
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Sec.82-116. Purpose and Intent.
i 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
'y complete the foreclosure process and secure the property. Such blight and negative conditions are
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i 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
1 mechanism to protect neighborhoods from becoming blighted and nuisances through lack of
adequate maintenance and security.
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City of Cape Canaveral
1 Ordinance No.07-2012
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Exhibit"A"
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i Sec.82-117. Definitions.
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. In construing the provisions of this article,the following definitions shall apply:
Building means any structure approved for occupancy by the city.
Default means the mortgagee files a foreclosure action in a court of law or records a lis
pendens
I 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
3 to enforce this article.
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
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;
-i electricity and other utilities turned off; stagnant swimming pool; accumulation of trash or debris;
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,
I delivery or government agents.
Foreclosed property means real property that is in default.
3 Local property manager means an individual property manager, property management
company,property maintenance company or similar entity with a current business address and land
1 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.
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. Owner of record means the person or entity holding recorded title to the real property in
Iquestion 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,
1 doors,gates, garages, and other openings that may allow access to the interior of any building or
structure on the real property. In the case of broken windows or doors, securing shall mean
j replacing the window or door. Temporary boarding of openings may be allowed pending repairs
N 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 3 on the evidence of vacancy.
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Ordinance No.07-2012
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Exhibit "A"
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i Sec.82-118. Registration Requirements.
s (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
1 by the city and shall include,at a minimum,the following:
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1 (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;
s (4) If the real property is, or becomes, vacant, the name, street address, e-mail
1 i address,and telephone number of the local property manager that will work on the
1 + mortgagee's behalf to inspect,maintain, and secure the real property;
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(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;
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S (6) Express authorization for city employees to enter upon the exterior of the
i 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
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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 1
to the public records laws of Florida.
d (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.
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(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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I Exhibit "A"
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Sec.82-119. Registration Fees.
i 1 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
I or re-registration. The fee schedule may be based on the size and type of property being registered.
Sec.82-120. Mortgagee Inspection Requirements.
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i If the foreclosed property becomes vacant at any time, the mortgagee shall initiate and
j maintain on-site inspections of the property at least once every thirty(30)days to verify compliance
1 I with this article. Said inspections shall continue until such time as the default is cured, or the
I 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
a the city written proof of the sale in order to be relieved of the requirements of this article.
Sec.82-121. Maintenance Requirements.
1 The following maintenance requirements shall apply to properties subject to this article:
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i (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
i personal items such as furniture,clothing, appliances,printed materials or any other items
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that give the appearance that the property is abandoned or not being properly maintained.
Y (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 of the
' structure.
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(c) Yards on developed property shall be regularly landscaped and maintained in good
3 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,
i ground covers,bushes,shrubs,hedges,mulch,or similar plantings which are appropriately
designed for residential, commercial, or industrial installation as applicable. Maintenance
l 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
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been cleared shall be maintained in good condition free of excessive weeds,debris,and junk
j pursuant rtds C Code. Property in a
natural condition to the prope shall y be maintained maintenance in its standar natural set condforth ition in the free and clear of debris and
junk.
(d) Pools and spas shall be regularly kept in working order so that pool and spa water
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Ordinance No.07-2012
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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.
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(e) Outdoor play equipment,furnishings,or other accessory structures shall be properly
i maintained and secured so as not to be accessible to unauthorized persons or not to create
an attractive nuisance or safety hazard.
(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
I activity. Any indication of criminal activity shall be reported to the Sheriff's Department
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
a secure manner at all times so as not to be accessible to unauthorized persons.
fi (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
1 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:
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` (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 '/2 by 11 inches in size and shall be in a
1 type no smaller than 24 point.
1 (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].
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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
g visible from the street,or if no such area exist,on a stake of sufficient size to support
the posting in a location that is at all times visible from the street to the front of the
property but not readily accessible to vandals. Exterior posting shall be constructed
of and printed with weather-resistant materials.
Sec.82-123. Additional Authority of Enforcement Officers; Immunity.
(a) Enforcement officers shall have the authority to require the mortgagee and/or owner
of record affected by this section to implement additional maintenance and/or security
l measures including,but not limited to,securing or repairing of any and all doors,windows,
Ior other openings, chaining or pad locking gates, repairing fences and gates, or other
measure as may be reasonably required to prevent a decline of the property, a public or
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attractive nuisance, or a blight on the surrounding neighborhood. Temporary boarding of
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
stated in writing and shall have the force of law under this article.
(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
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
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
1 article.
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(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
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
continue to be a lien against the real estate until paid.
City of Cape Canaveral
Ordinance No.07-2012
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3 Sec.82-125. Supplemental Authority.
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This article shall be deemed in addition and supplemental to any other provision of law.
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tSection 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 sti il.,,,uut type
indicates deletions,while asterisks (* * *)indicate a deletion from this Ordinance of text existing
1 i in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth
1 a in this Ordinance shall remain unchanged from the language existing prior to adoption of this
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Sec.2-283. Applicable codes and ordinances; class violations.
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(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:
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(13) Chapter 82, Article V, Registration and Maintenance of Properties in
Foreclosure . . . .Class IV.
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Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
I inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and
I resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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1 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 I
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.
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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 ED by ak Cit+Council of the City of Cape Canaveral, Florida, this 15th day of
1 May,;-2t§.12. i`',
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ATTTST Betty Wa ,Mayor Pro Tern
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{ .. For Against
'i�11 -.)14 John Bond g
t4111.‘
ANG LA+ V Clerk Bob Hoog Second 1
i } Buzz Petsos Motion
1 i Rocky Randels Absent
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Betty Walsh X
1 First Reading: April 17,2012
Legal Ad published: April 23,2012
Second Reading: May 15,2012
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Approved o legal form and sufficiency
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i for the ' e Canaveral only by:
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I 4 THONY .GARGANESE,City Attorney
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