Ord. No. 05-09-1997ORDINANCE NO. 05-09-1997
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND
SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT
MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR
FINES, STANDARDS FOR LOT MAINTENANCE AND A
DETERMINATION OF ABANDONED PROPERTY; PROVIDING
REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF
HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS
TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL
INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami desires to amend Chapter 12 of the City's Code of
Ordinances entitled "Lot Maintenance and Abandoned Property," which amendment shall
provide enhanced procedures to deal with lot maintenance and abandoned property; and,
WHEREAS, the amendment shall provide a process of notice to property owners and
mortgage companies of a violation of lot maintenance standards, which, thereafter, shall allow
the City to enter the premises to clean up the property, should the property owner, and/or all
interested parties, fail to timely do so; and,
WHEREAS, due to the foreclosure crisis in South Florida there are number of properties
that are not being maintained, and that are being abandoned by the mortgage companies, the
home owners, and creditors; and,
WHEREAS, the abandoned nature of these properties has resulted in a nuisance in the
community by causing: rodent and mosquito infestations, due to over grown lots, un- maintained
pools and standing water; and,
WHEREAS, property values of adjoining properties are decreasing due to the conditions,
and lack of lot maintenance at these foreclosed and /or abandoned sites; and,
WHEREAS, due to this crisis, the City of South Miami desires to implement the
amendments to Chapter 12, and the regulations contained therein to better regulate the condition
of the properties within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami hereby amends Chapter 12, Sections 12 -83.
through 12 -84 relation to lot maintenance which shall read as follows:
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Ord. No. 05 -09 -1997
CHAPTER 12
HEALTH AND SANITATION
Sec. 12 -3. Lot clearing - -Short title.
Sections 12 -3 through 12 -8.4 shall be known as the "South Miami Lot Clearing
Ordinance," and shall be applicable in the City of South Miami, Florida.
Sec. 12 -4. Same -- Declaration of legislative intent.
The City council finds and determines that the continuous growth and urban development
of the City requires the reasonable and effective control and regulation of excessive growth and
accumulation of weeds, undergrowth and other plant life to the extent and in such manner as to
cause infestation by rodents and other wild animals, the breeding of mosquitoes and vermin, or
to threaten or endanger the public health, or adversely affect and impair the economic welfare of
adjacent property.
Sec. 12 -5. Same -- Enforcement procedure; notice; conduct of hearings; liens.
(A) The enforcement procedure for section 12 -8.2, including notice of violation and
hearings for violations, shall be in accordance with that set forth in Section 2 -25, of the City's
Code of Ordinances.
(b) Liens shall be recorded as provided under Section 2 -25, of the City's Code of
Ordinances. Such lien shall be enforceable in the same manner as a tax lien in favor of the City
and may be satisfied at any time by payment thereof including accrued interest. Upon such
payment the City shall, by appropriate means, evidence the satisfaction and cancellation of such
lien upon the record thereof. Notice of such lien may be filed in the office of the Clerk of the
Circuit Court and recorded among the public records of Miami -Dade County, Florida.
Sec. 12 -6. Same -- Condition may be remedied by City.
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Ord. No, 05 -09 -1997
If, after following the procedure in section 12 -8, the condition has not been remedied, the
City Manager may cause the condition to be remedied by the City at the expense of the property
owner. After causing the condition to be remedied, the City Manager shall certify to the director
of finance the expense incurred in remedying the condition and such expense shall include an
administrative charge of fifty dollars ($50.00). The finance director shall notify the property
owner of amount due for remedying the condition. Such expense shall become payable within
thirty (30) days after which a special assessment lien and charge will be made upon the property
which shall be payable with interest at the rate of eighteen (18) per cent per annum from the date
of remedying the condition together with collection costs and reasonable attorney fees.
Sec. 12 -7. Overgrown vacant lots -- Defined; prohibited; compliance responsibility
(A) It shall be unlawful for the owner or any other persons in possession of anylot,
tract, or other parcel of land in the City, proved or unimproved, to allow on any lot, tract, or
parcel of land within the City to permit weeds, grass, or undergrowth to grow thereon or on
adjacent swale areas to a height of twelve (12) inches or more from the ground; or to permit
garbage, rubbish, trash, litter, debris, dead trees; or to permit the property to deteriorate to such
an extent that it constitutes a menace to life, property, public health, and public welfare or
creates a fire hazard the accumulation of any of the following: solid waste, as defined in section
15 -1(ss) of the County Code, as amended, biological, hazardous or industrial waste, as described
herein. tires; stagnant water; a dense growth of trees, vines and underbrush; or to allow a rg owth
of grass, weeds or bushes over one foot in height; or to allow the existence of depressions or
excavations wherein water may accumulate. It is also unlawful for the owner or and
persons in possession of any lot, tract or other parcel of land in the City to fail to ,properly
maintain a pool, pond, water fountain, or other such mechanism so as to cause a breeding rg ound
for mosquitoes, larva, amphibians, reptiles, or other such pests. Any owner, lessee. or occupant
or any person having legal or beneficial ownership of any lot, tract or parcel of land in the City
who violates any provision set forth in this Chanter shall, upon a finding of violation thereof. be
unished as provided by law.
(B) It is also unlawful to permit the existence of depressions or excavations or any
other condition on such premises wherein water may accumulate and stand in such manner or
fashion as to make possible the propagation of mosquitoes therein.
(C) Pools and spas shall be maintained so the water remains free and clear of
pollutants and debris.
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(A) It shall be unlawful for the owner or any other persons in possession of anylot,
tract, or other parcel of land in the City, proved or unimproved, to allow on any lot, tract, or
parcel of land within the City to permit weeds, grass, or undergrowth to grow thereon or on
adjacent swale areas to a height of twelve (12) inches or more from the ground; or to permit
garbage, rubbish, trash, litter, debris, dead trees; or to permit the property to deteriorate to such
an extent that it constitutes a menace to life, property, public health, and public welfare or
creates a fire hazard the accumulation of any of the following: solid waste, as defined in section
15 -1(ss) of the County Code, as amended, biological, hazardous or industrial waste, as described
herein. tires; stagnant water; a dense growth of trees, vines and underbrush; or to allow a rg owth
of grass, weeds or bushes over one foot in height; or to allow the existence of depressions or
excavations wherein water may accumulate. It is also unlawful for the owner or and
persons in possession of any lot, tract or other parcel of land in the City to fail to ,properly
maintain a pool, pond, water fountain, or other such mechanism so as to cause a breeding rg ound
for mosquitoes, larva, amphibians, reptiles, or other such pests. Any owner, lessee. or occupant
or any person having legal or beneficial ownership of any lot, tract or parcel of land in the City
who violates any provision set forth in this Chanter shall, upon a finding of violation thereof. be
unished as provided by law.
(B) It is also unlawful to permit the existence of depressions or excavations or any
other condition on such premises wherein water may accumulate and stand in such manner or
fashion as to make possible the propagation of mosquitoes therein.
(C) Pools and spas shall be maintained so the water remains free and clear of
pollutants and debris.
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Ord, No, 05 -09 -1997
(D) Responsibility for compliance. The owner, agent and, or, tenant of the propert y
on which violation of this section occurs and the owner, shall be jointly and severally liable for
compliance with the requirements of this section, and for fines and penalties issued under any
provision of the City's codes.
Sec. 12 -8 Same -- Enforcement procedures; notice; cost of clearing as lien on property.
(A) Upon the failure of the owner of any vacant or unimproved lot, parcel or tract of land,
or of any lot, parcel or tract containing vacant buildings or structures within the City, to keep
such premises to comply with section 12 -7, it shall be the duty of the City Manager or his
designee to give notice, as provided herein, requesting the owner or owners of such property to
remedy the condition within five (5) days after service of such notice.
Such notice shall be given by registered or certified mail, addressed to the owner of the
property identified in the current county tax rolls, and shall be deemed complete and sufficient
notice when so addressed and deposited in the United States mail with proper postage prepaid
and, in addition to service by mail, by posting for at least five (5) days in at least two (2)
locations, one (1) of which shall be the property upon which the violation is alleged to exist and
the other of which shall be at City Hall. Proof of posting shall be by affidavit of the person
posting the notice and shall include a copy of the notice posted and the date and places of its
postings.
The notice shall be in substantially the following form:
Date:
Name of owner:
Address of owner:
The current Miami -Dade County Tax records indicate you to be the owner(s) of the following
described property in the City of South Miami:
An inspection of this property discloses, and the City Manager has found and determined, it to be
in such condition as to be in violation of Section 12 -7 of the Code of Ordinances of the City of
South Miami, because (state why property is in violation, i.e., height of weeds, grass or
undergrowth, debris, dead trees, etc.).
Section 12 -7 of the Code of Ordinances of the City of South Miami provides that it shall be
unlawful for you to permit this condition to continue, and you are hereby notified that unless this
condition is remedied so as to make it non - violative of Section 12 -7 of the Code, within five (5)
days from the date hereof, the City of South Miami will proceed to remedy such condition, and
the cost of such work will be imposed as a lien upon this property. The estimated cost to remedy
this condition would be plus seventy -five dollars ($75.00) for administration charges
for a total cost of
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Ord. No. 05 -09 -1997
This notice will be the only notice given to you in a period of one (1) year from this date. Any
other violations occurring under this section shall be remedied by the City without further prior
notice, and the cost of such work, plus seventy -five dollars ($75.00) in administrative charges for
each violation, will be imposed as a lien upon this property.
Very truly yours,
City Manager
(B) Upon the failure of the owner of property to remedy the conditions existing in
violation of the requirements of section 12 -7 of the Code within five (5) days after service of
notice to do so, then the City Manager or his designee shall proceed to have such condition
remedied by contract or direct labor, or both, and the cost thereof shall become a special
assessment lien against such property thirty (30) days after notice of completion of work by the
City.
Such special assessment lien shall be equal in rank and dignity with the lien of ad valorem taxes
and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to
or against the property. Such lien shall be payable with interest at the legal rate from the date of
the certification until paid, and may be foreclosed in the manner provided by law or ordinance.
Repeated violations of section 12 -7 occurring within twelve (12) months of the initial notice may
be remedied by the City, as set forth herein, without further prior notice to the violator.
12 -8 Abandoned Property — Lack of Adequate Maintenance (Effective Upon Enactment of
State Legislation)
(A) Purpose and intent.
It is
the purpose
and
intent
of
the
City
to establish
a
process to
address
the amount
of
abandoned
personal
and
real
property
located
within
the
City.
It is the
City's
further
intent
to
Few
mew
WWI
12 -8 Abandoned Property — Lack of Adequate Maintenance (Effective Upon Enactment of
State Legislation)
(A) Purpose and intent.
Additions shown by underlining and deletions shown by averstriking, -
Page 5 of 1 I
It is
the purpose
and
intent
of
the
City
to establish
a
process to
address
the amount
of
abandoned
personal
and
real
property
located
within
the
City.
It is the
City's
further
intent
to
Additions shown by underlining and deletions shown by averstriking, -
Page 5 of 1 I
Ord. No. 05 -09 -1997
specifically establish 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.
(B) Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Abandoned personal property means wrecked or derelict property which has been left
abandoned and unprotected from the elements and shall include wrecked, inoperative or partially
dismantled motor vehicles, trailers, boats, machinery, refrigerators. washing machines, plumbing
fixtures, furniture and any other similar personal property which has been left abandoned and
unprotected from the elements.
Abandoned real property means au property that is vacant and /or is under a current
notice of default and /or notice of mortgagee's sale by the lender or a pending tax assessors lien
sale and /or 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.
Accessible property means a property that is accessible through a comprised/breached
gate, fence, wall, etc.
Accessible structure means a structure /building that is unsecured and /or breached in such
a way as to allow access to the interior space by unauthorized persons.
Code enforcement officer means any Code Enforcement Officer, building official,
permit facilitator, public works director, Code Enforcement Officer or building inspector
employed within the City.
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 and /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.
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.
Inoperable motor vehicle means a motor vehicle that does not have affixed to it a current
license plate and vehicle registration; provided, however, this definition shall not apples
vehicles that are owned or leased by an automobile dealer who possesses a current, valid
occupational license and the vehicles are stored on property which is properly zoned and
approved for use as an automobile dealership.
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Ord. no. 05 -09 -1997
Nominal salvage value means the value of any type of abandoned or derelict property
which a reasonably prudent person would believe is the fair market value of the property, taking
into consideration its useful life, earning capacity or replacement cost, less depreciation and
items of general or special depreciation, would be nominally greater than the costs of salvage
including the removal, transportation, storage and sale of same.
Private property means all lands and improvements other than public lands and
improvements.
Property manygement company means a local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned real property.
Public property means canals, all waterways, lands and improvements owned by a
governmental body or any governmental agency including but not limited to easements and
rights -of -way, but excluding the campus of any institution of the state universitysystem.
Residential building means any improved real property, or portion thereof, situated in the
City, designed or permitted to be used for dwelling purposes, and shall include the buildings an d
structures located on such improved real property.
Vacant means any building /structure that is not legally occupied.
to Real Property Registration, which requires DFS to establish an internet registry of vacant,
abandoned or foreclosure proposed real properties, authorizing local governments to enter
registry properties for specified examination purposes and provide penalties and recover for
repairs and corrections:
(1) Any mortgagee who holds a mortgage on real property located within the City
shall perform an inspection of the property that is the security for the mortgage, upon default by
the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or
shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall update its
filing with the DFS internet database.
(2) If the property is occupied but remains in default, it 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 update its filing with the DFS internet database.
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.
(4)
Properties
subject
to
this section
shall
remain
under
the
annual
registration
requirement,
security and
maintenance standards
of
this
section as
long as they
remain vacant.
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Page 7 of 1 I
Ord, No, 05 -09 -1997
(5)
Any
person or corporation
shall
that
include,
has registered
a property
but
under
this section
must
report any
change
the
of information
and
contained
in the
registration
within
ten
(10)
days
of the
change.
openings of
(D) Maintenance requirements.
(1) Properties subject to this Chapter section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by federal, state, or local law, discarded personal
items included 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.
(2) The rrooperty shall be maintained free of graffiti or similar markings by removal
or painting over with an exterior rg ade paint that matches the color of the exterior structure.
(3) Front, side, and rear yard landscaping shall be maintained in accordance with the
City's standard at the time registration was required.
(4) Landscape 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. Landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
Maintenance shall include, but not be limited to, watering, irrigation, cutting, and
mowing of required landscape and removal of all trimmings.
(6) Pools and spas shall be maintained so the water remains free and clear of
pollutants and debris. Pools and spas shall comply with the enclosure requirements of the City
Code of Ordinances and Florida Building Code, as amended from time to time.
(7) Failure of the mortgagee and /or property owner of record to properly maintain the
property may result in a violation of this Code and issuance of a citation by a City's Code
Enforcement Officer.
(8) If necessary, the citation and compliance matter may be brought by the City to the
special master who may make a finding and determination that the City may take any additional
action necessary to ensure compliance with this Chapter section.
(E) Security requirements,
(1) Properties subject to this section shall be maintained in a secure manner so as not
to be accessible to unauthorized persons.
(2)
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
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Page 8 of 11
Ord. No. 05 -09 -1997
interior of the property access to any pool, and/or structure. Broken windows shall be secured by
re- glazing or boarding of the window.
(3) If the property is owned by a corporation and/or out of area mortgagee a local
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
(4) The property shall be posted with the name and 24 hour contact phone number of
the local property management company. The posting shall be no less than an eight -inch by ten -
inch sign. The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
The posting shall be placed on the interior of a window facing the street to the front of the
property so it is visible or secured to the exterior of the building/structure facing the street to the
front of the property so it is visible or if no such area exists on a stake of sufficient size to
sport the posting in a location as close as possible to the main door entrance of the property.
Exterior posting shall be constructed of and printed with weather - resistant materials.
(5) The local property management company shall inspect the property on a bi- weekly basis
to ensure that the property is in compliance with this Chapter. Upon the request of City, the local
property management company shall provide a copy of the inspection reports to the code
enforcement division.
(6) Failure of the mortgagee and /or property owner of record to properly maintain the
property may result in a violation of this Ordinance and issuance of a citation by a City's Code
Enforcement Officer.
(7) If necessary, the citation and compliance matter may be brought by the City to the special
master who may make a finding and determination that the City may take any additional action
necessary to ensure compliance with this Chapter.
(F) Opposing, obstructing Code Enforcement Officer; penalty.
Whoever opposes obstructs or resists any Code Enforcement Officer or any person
authorized by the enforcement office in the discharge of duties as provided in this Chapter shall
be cited in compliance with the provisions and fines as provided in section 2 -25.
(G) Immunity of Code Enforcement Officer.
Any Code Enforcement Officer or any person authorized b the he special master shall be
immune from prosecution civil or criminal for reasonable good faith trespass upon real
property while in the discharge of duties imposed by this Chapter.
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Ord. no, 05 -09 -1997
(H) Additional authority.
The Code Enforcement Officer at the direction of the City Manager, or his /her designee,
shall have authority to require the mortgagee and/or owner of record of any property affected by
this section, to implement additional maintenance and /or security measures including, but not
limited to, securing any and all door, window or other openings, employment of an on -site
security guard or other measures as may be reasonably required to help prevent further decline
of the property.
(I) Adoption of rules; expenditure of funds; declaration of City purpose.
The City Manager, consistent with his/her duties and authorities under the City Charter,
including those duties and authorities relating to emergency situations, is authorized and
empowered to adopt rules and regulations and expend City funds as may be reasonably necessary
and available to carry out the terms of this Chanter, the expenditure of such funds being declared
a proper City purpose
!1) Owner responsible for costs of removing abandoned property.
The owner of any abandoned motor vehicle or boat who, after notice as provided in this
section, does not remove the vehicle or boat within the specified period shall be liable to the City
for all costs of removal and destruction of such property, less any salvage value received by the
City. Upon such removal and destruction, the Code Enforcement Officer shall notify the owner
of the amount owed and of the penalty provisions of this section. In the case of an abandoned
boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a
certificate of registration for any boat until such costs have been paid. The Code Enforcement
Officer shall supply the state department of environmental protection with a list of persons
whose boat registration privileges have been revoked under this section. A violation of this
section shall result in a fine as provided by section 2 -25, the City's Code Enforcement Fee
Schedule Ordinance.
Sec. 2 -8.1 though 2 -8.4 Reserved,
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
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Page 10 of 11
Ord. No, 05 -09 -1997
PASSED AND ADOPTED this 5thday of May
ATTEST:
CITY CLERK
L
of City Attorney
2009.
APPROVED:
k 2a n°
OR
1St Reading— 4/21/09
2nd Reading — 5/ 5/ 0 9
COMMISSION VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Newman: Yea
Additions shown by nnderlinine and deletions shown by ver °strikz:ng:
Page 11 of 11
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: April 7, 2009
From: Eve A. Boutsis, Office of City Attorney Re: Lot Maintenance /So*
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND
SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT
MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF
ABANDONED PROPERTY; PROVIDING REQUIREMENT THAT MORTGAGE
HOLDERS UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH
THE STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONSlCITATIONS TO ALL INTERESTED PERSONS; PROVIDING
FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Valerie Newman].
BACKGROUND AND ANALYSIS:
The City, like much of South Florida, has faced issues due the changing economy and the failure of
certain homeowners to maintain their lots. Some of the problems have arisen due to the mortgage
foreclosure situation facing many homeowners. Other lots are simply not being properly maintained,
whether due to financial issues, abandonment of the property, or due to the health and ability of the
resident to resolve the lot maintenance issues. As a result of the number of lots that are not being
maintained properly, usually resulting in mosquito infestation, overgrown lots, vandalism, and open
and dangerous pool conditions, the attached ordinance would implement regulations that will assist
the City in obtaining compliance.
The draft ordinance updates the provisions of Chapter 12 relating to lot maintenance. The draft
revisions, consolidates certain existing sections of the code, for example: there is no need for a
separate section to define lot maintenance, to require a hearing, to impose a lien. These separate
sections have been consolidated, and those reserved "numbers" are re -used, for the new provisions
proposed. In a prior draft of the proposed changes to the City's Code, it was proposed that all
mortagees (holders of mortgages, often, banks) intending to foreclose, or have initiated foreclosure to
register with the City. That provision would have required all mortgage companies, lenders, banks,
etc., to register with the City for notice reasons. The concept was to ensure that the lending
institutions are identified and are placed on notice of any violations that may exist on the properties
they have an interest in. Certain other cities (City of Coral Springs, Village of Palmetto Bay) enacted
such registration requirements. Those municipalities that have enacted such a registration
requirement have encountered arguments from banks that they do not have possession of the property
and therefore cannot maintain the premises. Those banks have claimed they would be trespassing
and therefore, registration and obligation requirements imposed by the City should not be enforced.
Please note that many other banks, facing a similar registration law, have voluntarily complied with
the Coral Springs and Palmetto Bay ordinances, despite the lack of "possession."
The attached ordinance intend modifies the original draft, which was withdrawn from consideration
(local bank registration requirement as with Coral Springs and Palmetto Bay). The changes are
contingent upon the enactment of a certain state law. Proposed House Bill 119, entitled "Real
Property Registration was filed July 1, 2009, sponsored by State Representative Ari Porth; and;
Senate Bill 874 real property registration; which is identical to Senate Bill 1044 relating to public
records and vacant or abandoned, provides for the identical intent as the Coral Springs and Palmetto
Bay legislation. However, instead of requiring the mortgagee (banks) to register locally the
mortgagee is to register on the State level. Each mortgagee is to register its vacant, abandoned,
foreclosed, or processing of foreclosed properties with the State. There should be a contact person
listed with the state and a requirement that the mortgagee take responsibility for the condition of the
foreclosed, abandoned, or vacant properties.: It would also specifically allow local municipalities
enforce their code of ordinances against the mortgagees. The draft state legislation provides,
specifically:
Real Property Registration: Requires DFS to establish Internet registry of vacant,
abandoned, or foreclosure- proposed real properties; authorizes DFS to charge registry
filing fee; requires lenders to file specified information on such properties; requires
lenders & DFS to notify local governments of properties on registry; requires local
governments to establish e -mail address for receiving such notices; requires lenders
initiating foreclosure proceedings on registry properties to include specified
information in foreclosure filings; provides for dismissal of foreclosure proceedings
for failing to include information; authorizes local governments to enter registry
properties for specified examination purposes; requires local governments to notify
lenders of intent to enter such properties for such examinations; prohibits local
governments from entering such properties under specified circumstances; authorizes
lenders to certify to local governments that registry properties have been inspected &
meet specified criteria; provides penalties; requires local governments to notify
lender's agents of specified conditions of registry properties; authorizes local
governments to correct or repair such conditions & recover full costs of such repairs
or corrections; provides for superiority of liens for such costs; protects right of local
governments to inspect properties for specified purposes.
The change in state law, if it were to occur would provide support and authority for the City's actions
relating to enforcement against mortgagees. Therefore, the material proposed changes to Chapter 12,
are contingent upon the enactment of the state legislation. If the state legislation fails, the provisions
will not be effective as to those provisions under 12 -8. The intent and purpose of 12 -8, as amended,
is to require any mortgagee holding a mortgage on real property located within the City, to comply
with state law by registering with the state. The City could then track down the mortgagees, banks,
with ease, and notify the mortgagees of any issues with a foreclosure property that appears to be
vacant, or abandoned. Often, the City is the last entity to know that a property is in the process of
foreclosure. The state law would change that. The provisions of section 12 -8, (once state law
passes) would require the mortgagee (bank) to perform an inspection of the property that was the
security for the mortgage. The provisions would require the mortgagor and the mortgagee to remedy
the condition of the property. In other words, the bank would also be responsible for the condition of
the foreclosure properties.
EISCALBUDGETARY IMPACT: None determined.
RECOMMENDATION: Approval.
9
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
MIAMI DAILY BUSINESS REVIEW Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, May 5, 2009 beginning at
Published Daily except Saturday, Sunday and 7:30 p.m, in the City Commission Chambers, 6130 Sunset Drive, to
Legal Holidays consider the following items:
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
'County, Florida; That the auaciied oepy of adv6fdserrrent,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - MAY 5, 2009
in the XXXX Court,
was published in said newspaper in the issues of
04/24/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper. n e
Sworn to and subscribed before me,�-
24 day of APRIL , A.D. 2009
(SEAL)
V. PEREZ personally known to me
r u Nrtary-- pt�tats ofFodda
Mamiet
P,1y Cammissusn DU793490
Exp+r<s 0711812012
Second Reading•
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
SPECIAL ELECTION TO FILL A VACANCY FOR AN
UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR
GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF
THE ELECTION; PROVIDING FOR QUALIFICATION OF,
CANDIDATES; PROVIDING FOR CLOSE OF ELECTIONI
BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING;
FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CITY'S CODE OF ORDINANCES, AMENDING CHAPTER 12,
ENTITLED "HEALTH AND SANITATION" SECTIONS 12 -8.3
THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE AND
ABANDONED PROPERTY;" PROVIDING FOR FINES)
STANDARDS. FOR LOT MAINTENANCE AND A DETER-
MINATION OF ABANDONED PROPERTY; PROVIDING
REQUIREMENT THAT MORTGAGE HOLDERS UPON
ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE
STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING, FOR ORDINANCES IN CONFLICT, CODIFICA -d
TION, SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF,
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE;
AMENDING CHAPTER 15 BY ADDING SECTION 15 -100.1
ENTITLED "ANIMAL NOISES "; PROVIDING A VIOLATION FOR
FREQUENT, HABITUAL OR CONTINUED NOISE FROM AN
ANIMAL; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF .
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD
(CRB); AMENDING THE DUTIES OF THE ORB TO INCLUDE
WORKING WITH THE HOMELESS IN OUR COMMUNITY, TO
SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE
HOMELESS, AND PROVIDE SENSITIVITY TRAINING TO LAW
ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE
NEEDS OF THE HOMELESS; AND (2) REDUCING THE
NUMBER OF MEMBERS PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public . that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
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NEIGHBORS CALENDAR
'CALENDAR, FROM 48
tunes by DJ Victor; 2.9:30 C.M. Men-
an isSL Matthew's E Flat coal Church,
2410 Sunset Dr., South Miami; $2.
305 - 652,7215.
CLUBS /MEETINGS
fairchiidparden.org:
a native plant Society: Meets on the
fourth Tuesday of the month lnCOr-
bin A:2:30P.m. Tuesday; free,
286 - 340-7914.
canned vegetables and meat, dried
nstant otatoes.boxesCore-
ds and dried milk can be dropped off
at any Miami Rescue Mission center,
stormed by the Miami Rescue Mis-
non and Froward Outreach Centers
(MiML, Hollywood and Pompano)
along with Whole Foods Market;
through Thursday. 305- 521 -2223 or
305- $22- 2040ormiamirescuemis-
s,oncom.
CITY OF SOUTH MIAMI
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a Special Election
for the City of South Miami for an unexpired term of
Commissioner for Group IV, ending February 9, 2010,
will be held on Tuesday, June 9, 2009 from 7:00 a.m. to
7:00 p.m., in the City Commission Chambers, of the City
of Sough Miami City Hail at 613D Sunset Drive.
Qualifying period for this election begins Wednesday,
May 6, 20D9 at 9:OD a.m., and ends Tuesday, May 12,
20D9 at 6:00 p.m.R ' [ p d 1500 M1ay_
each day.
Inquiries Can be made by calling the City Clerk's office
at: 305 -663 -6340.
Maria M. Menendez. CMC
City Clerk
City of South Miami
GET /GIVE HELP
April Food Days Mega Food Drive:
Donation drive to help the hungry
and homeless. Donations can be For -
chased at any Whole Foods Market
in Miami -oade or& owned counties.
Other rood Donations. including
'TURN To CAUSNOAR, 52
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEIS HEREBY given that the City Commission of the City N SOU81 Miami, Florida will conduct Public Hearings
at He regular City Commission meeting scheduled for Tuesday, May 5,2009 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 Sunset Drive, N Consider the following tlems:
Gecond Readino:
ORDINANCE RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TEAM OF THE
CITY COMMISSIONER FOR GROUP N; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;
PROVIDING FOR CORUSCATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
APPROVING THE OFOCIAL BALLOT.
AN ORDINANCE RELATING TO THE MYS CODE OF ORDINANCES, WENDING CHAFTTR 72, ENTITLED
"HEALTH AND SANTATION" SECTIONS 12-8.3 THROUGH 12 -BA RHAITNG TO "LOT MAINTENANCE
AND ABANDONED PROPERTY;" PROVIDING FOR RINGS, STANDARDS FOR LOT MNMENANCE AND A
DETERMINATION OF ABANDONED PROPERTY; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS
UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO
ENSURE PROPER NOTICE OF VIOLATIONSICITATIONSTOALL. INTERESTED PERSONS.
ANOMINMMREIAnNGTONDGEAMENDINGCRWTEA158YA DINGSECHONIS -100.1 ENTITLED
"ANIMAL NOISES"; PROVIDING AIRDLATION FOR FREQUENT, HABITUAL OR CONTINUED NDISE FROM
ANANIMAL.
AN ORDINANCE RELATING TO THE CITY OF SOUTH MIASI'B COMMUNITY RELATIONS BOARD
(CAB); AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR
COMMUNIIY, TO SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE
SENSTNTTY TRAINING TO LAW ENFORCEMENT AND THE COMMUYIIYAT LARGE TO THE NEEDS OF
THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS.
W fUdhel inlormalien.Plans varrat n Car CkMS amt¢ at p(s) 66y6340.
Au lmeresfrapatiesere lnmea mamndamwm Bahexd.
Marla M.MnlmMer.p4C
C4ypaYn
tha1
rn"
C
N
M
t
N
A
WAT
c
d
3
05
NEIGHBORS CALENDAR
'CALENDAR, FROM 48
tunes by DJ Victor; 2.9:30 C.M. Men-
an isSL Matthew's E Flat coal Church,
2410 Sunset Dr., South Miami; $2.
305 - 652,7215.
CLUBS /MEETINGS
fairchiidparden.org:
a native plant Society: Meets on the
fourth Tuesday of the month lnCOr-
bin A:2:30P.m. Tuesday; free,
286 - 340-7914.
canned vegetables and meat, dried
nstant otatoes.boxesCore-
ds and dried milk can be dropped off
at any Miami Rescue Mission center,
stormed by the Miami Rescue Mis-
non and Froward Outreach Centers
(MiML, Hollywood and Pompano)
along with Whole Foods Market;
through Thursday. 305- 521 -2223 or
305- $22- 2040ormiamirescuemis-
s,oncom.
CITY OF SOUTH MIAMI
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a Special Election
for the City of South Miami for an unexpired term of
Commissioner for Group IV, ending February 9, 2010,
will be held on Tuesday, June 9, 2009 from 7:00 a.m. to
7:00 p.m., in the City Commission Chambers, of the City
of Sough Miami City Hail at 613D Sunset Drive.
Qualifying period for this election begins Wednesday,
May 6, 20D9 at 9:OD a.m., and ends Tuesday, May 12,
20D9 at 6:00 p.m.R ' [ p d 1500 M1ay_
each day.
Inquiries Can be made by calling the City Clerk's office
at: 305 -663 -6340.
Maria M. Menendez. CMC
City Clerk
City of South Miami
GET /GIVE HELP
April Food Days Mega Food Drive:
Donation drive to help the hungry
and homeless. Donations can be For -
chased at any Whole Foods Market
in Miami -oade or& owned counties.
Other rood Donations. including
'TURN To CAUSNOAR, 52
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEIS HEREBY given that the City Commission of the City N SOU81 Miami, Florida will conduct Public Hearings
at He regular City Commission meeting scheduled for Tuesday, May 5,2009 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 Sunset Drive, N Consider the following tlems:
Gecond Readino:
ORDINANCE RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TEAM OF THE
CITY COMMISSIONER FOR GROUP N; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;
PROVIDING FOR CORUSCATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
APPROVING THE OFOCIAL BALLOT.
AN ORDINANCE RELATING TO THE MYS CODE OF ORDINANCES, WENDING CHAFTTR 72, ENTITLED
"HEALTH AND SANTATION" SECTIONS 12-8.3 THROUGH 12 -BA RHAITNG TO "LOT MAINTENANCE
AND ABANDONED PROPERTY;" PROVIDING FOR RINGS, STANDARDS FOR LOT MNMENANCE AND A
DETERMINATION OF ABANDONED PROPERTY; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS
UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO
ENSURE PROPER NOTICE OF VIOLATIONSICITATIONSTOALL. INTERESTED PERSONS.
ANOMINMMREIAnNGTONDGEAMENDINGCRWTEA158YA DINGSECHONIS -100.1 ENTITLED
"ANIMAL NOISES"; PROVIDING AIRDLATION FOR FREQUENT, HABITUAL OR CONTINUED NDISE FROM
ANANIMAL.
AN ORDINANCE RELATING TO THE CITY OF SOUTH MIASI'B COMMUNITY RELATIONS BOARD
(CAB); AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR
COMMUNIIY, TO SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE
SENSTNTTY TRAINING TO LAW ENFORCEMENT AND THE COMMUYIIYAT LARGE TO THE NEEDS OF
THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS.
W fUdhel inlormalien.Plans varrat n Car CkMS amt¢ at p(s) 66y6340.
Au lmeresfrapatiesere lnmea mamndamwm Bahexd.
Marla M.MnlmMer.p4C
C4ypaYn
tha1