04-21-09 Item 100
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 �O
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, SEVERABIL,ITY 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- 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.
FISCALBUDGETARY IMPACT: None determined.
RECOMMENDATION: Approval.
�J
�J
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
5 ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND
6 SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT
7 MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR
8 FINES, STANDARDS FOR LOT MAINTENANCE AND A
9 DETERMINATION OF ABANDONED PROPERTY; PROVIDING
10 REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF
11 HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS
12 TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL
13 INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT,
14 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City of South Miami desires to amend Chapter 12 of the City's Code of
17 Ordinances entitled "Lot Maintenance and Abandoned Property," which amendment shall
18 provide enhanced procedures to deal with lot maintenance and abandoned property; and,
19
20 WHEREAS, the amendment shall provide a process of notice to property owners and
21 mortgage companies of a violation of lot maintenance standards, which, thereafter, shall allow
22 the City to enter the premises to clean up the property, should the property owner, and /or all
23 interested parties, fail to timely do so; and,
0 24
25 WHEREAS, due to the foreclosure crisis in South Florida there are number of properties
26 that are not being maintained, and that are being abandoned by the mortgage companies, the
27 home owners, and creditors; and,
28
29 WHEREAS, the abandoned nature of these properties has resulted in a nuisance in the
30 community by causing: rodent and mosquito infestations, due to over grown lots, un- maintained
31 pools and standing water; and,
32
33 WHEREAS, property values of adjoining properties are decreasing due to the conditions,
34 and lack of lot maintenance at these foreclosed and/or abandoned sites; and,
35
36 WHEREAS, due to this crisis, the City of South Miami desires to implement the
37 amendments to Chapter 12, and the regulations contained therein to better regulate the condition
38 of the properties within the City.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43 Section 1. The City of South Miami hereby amends Chapter 12, Sections 12 -83.
44 through 12 -84 relation to lot maintenance which shall read as follows:
45
•
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Page 1 of 11
U
1
2
3 CHAPTER 12
4 HEALTH AND SANITATION
5
6
7
8 Sec. 12 -3. Lot clearing - -Short title.
9
10 Sections 12 -3 through 12 -8.4 shall be known as the "South Miami Lot Clearing
11 Ordinance," and shall be applicable in the City of South Miami, Florida.
12
13 Sec. 12 -4. Same -- Declaration of legislative intent.
14
15 The City council finds and determines that the continuous growth and urban development
16 of the City requires the reasonable and effective control and regulation of excessive growth and
17 accumulation of weeds, undergrowth and other plant life to the extent and in such manner as to
18 cause infestation by rodents and other wild animals, the breeding of mosquitoes and vermin, or
19 to threaten or endanger the public health, or adversely affect and impair the economic welfare of
20 adjacent property.
21
22
23
24
25 Sec. 12 -5. Same -- Enforcement procedure; notice; conduct of hearings; liens.
26
27 (A) The enforcement procedure for section 12 -8.2, including notice of violation and
28 hearings for violations, shall be in accordance with that set forth in Section 2 -25, of the City's
29 Code of Ordinances.
30
31 (b) Liens shall be recorded as provided under Section 2 -25, of the City's Code of
32 Ordinances. Such lien shall be enforceable in the same manner as a tax lien in favor of the City
33 and may be satisfied at any time by payment thereof including accrued interest. Upon such
34 payment the City shall, by appropriate means, evidence the satisfaction and cancellation of such
35 lien upon the record thereof. Notice of such lien may be filed in the office of the Clerk of the
36 Circuit Court and recorded among the public records of Miami -Dade County, Florida.
37
38
39
40
41
42
43
44 Sec. 12 -6. Same -- Condition may be remedied by City.
45
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Page 2 of 11
I If, after following the procedure in section 12 -8, the condition has not been remedied, the
•2 City Manager may cause the condition to be remedied by the City at the expense of the property
3 owner. After causing the condition to be remedied, the City Manager shall certify to the director
4 of finance the expense incurred in remedying the condition and such expense shall include an
5 administrative charge of fifty dollars ($50.00). The finance director shall notify the property
6 owner of amount due for remedying the condition. Such expense shall become payable within
7 thirty (30) days after which a special assessment lien and charge will be made upon the property
8 which shall be payable with interest at the rate of eighteen (18) per cent per annum from the date
9 of remedying the condition together with collection costs and reasonable attorney fees.
10
11
12 Sec. 12 -7. Overgrown vacant lots -- Defined; prohibited; compliance responsibility
13
14 it shall be unlawful fer- any evmer- er- ey,%er-s of any vaeapA ved let, pare
15 , par-eel or- tFaet eentaining vae buildings or- str-uetufes within the y,
16 ,
17 twelve (1 2) inehes from the ground; e. to itgarbage, rubbish, +, sh litte ,- eb or- 18 >
19
20 er- any other- eendirtion on sueh premises wherein water- may aeeumulate and stand in sue
possible 21 mafmer- or- fashion as to make rYerna
22
23 (A) It shall be unlawful for the owner or any other persons in possession of any lot,
•24 tract or other parcel of land in the City, improved or unimproved to allow on any lot tract or
25 parcel of land within the City to permit weeds, grass, or undergrowth to grow thereon or on
26 adjacent swale areas to a height of twelve (12) inches or more from the ground; or to permit
27 garbage, rubbish, trash, litter, debris, dead trees; or to permit the property to deteriorate to such
28 an extent that it constitutes a menace to life property, the public health and public welfare or
29 creates a fire hazard the accumulation of any of the following: solid waste, as defined in section
30 15 -1(ss) of the County Code as amended biological hazardous or industrial waste, as described
31 herein; tires; stagnant water; a dense growth of trees vines and underbrush; or to allow a growth
32 of grass weeds or bushes over one foot in height; or to allow the existence of depressions or
33 excavations wherein water may accumulate. It is also unlawful for the owner or any other
34 persons in possession of any lot tract or other parcel of land in the City to fail to properly
35 maintain a pool, pond water fountain or other such mechanism so as to cause a breeding ground
36 for mosquitoes larva amphibians reptiles or other such pests. Any owner, lessee, or occupant
37 or any person having legal or beneficial ownership of any lot tract or parcel of land in the City
38 who violates any provision set forth in this Chapter shall upon a finding of violation thereof, be
39 punished as provided by law.
40
41 (B) It is also unlawful to permit the existence of depressions or excavations or any
42 other condition on such premises wherein water may accumulate and stand in such manner or
43 fashion as to make possible the propagation of mosquitoes therein.
44
45 (C) Pools and spas shall be maintained so the water remains free and clear of
• 46 pollutants and debris.
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1
.2 (D) Responsibility for compliance The owner, agent and or, tenant of the propert y
3 on which violation of this section occurs and the owner, shall be jointly and severally liable for
4 compliance with the requirements of this section and for fines and penalties issued under any
5 provision of the City's codes.
6
7
8 Sec. 12 -8 Same -- Enforcement procedures; notice; cost of clearing as lien on property.
9
10 (A) Upon the failure of the owner of any vacant or unimproved lot, parcel or tract of land,
11 or of any lot, parcel or tract containing vacant buildings or structures within the City, to keep
12 such premises to comply with section 12 -7, it shall be the duty of the City Manager or his
13 designee to give notice, as provided herein, requesting the owner or owners of such property to
14 remedy the condition within five (5) days after service of such notice.
15
16 Such notice shall be given by registered or certified mail, addressed to the owner of the
17 property identified in the current county tax rolls, and shall be deemed complete and sufficient
18 notice when so addressed and deposited in the United States mail with proper postage prepaid
19 and, in addition to service by mail, by posting for at least five (5) days in at least two (2)
20 locations, one (1) of which shall be the property upon which the violation is alleged to exist and
21 the other of which shall be at City Hall. Proof of posting shall be by affidavit of the person
22 posting the notice and shall include a copy of the notice posted and the date and places of its
23 postings.
•24
25 The notice shall be in substantially the following form:
26 Date:
27 Name of owner:
28 Address of owner:
29
30 The current Miami -Dade County Tax records indicate you to be the owner(s) of the following
31 described property in the City of South Miami:
32
33 An inspection of this property discloses,'and the City Manager has found and determined, it to be
34 in such condition as to be in violation of Section 12 -7 of the Code of Ordinances of the City of
35 South Miami, because (state why property is in violation, i.e., height of weeds, grass or
36 undergrowth, debris, dead trees, etc.).
37
38 Section 12 -7 of the Code of Ordinances of the City of South Miami provides that it shall be
39 unlawful for you to permit this condition to continue, and you are hereby notified that unless this
40 condition is remedied so as to make it non - violative of Section 12 -7 of the Code, within five (5)
41 days from the date hereof, the City of South Miami will proceed to remedy such condition, and
42 the cost of such work will be imposed as a lien upon this property. The estimated cost to remedy
43 this condition would be plus seventy -five dollars ($75.00) for administration charges
44 for a total cost of
45
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I This notice will be the only notice given to you in a period of one (1) year from this date. Any
•2 other violations occurring under this section shall be remedied by the City without further prior
3 notice, and the cost of such work, plus seventy -five dollars ($75.00) in administrative charges for
4 each violation, will be imposed as a lien upon this property.
5 Very truly yours,
6
7
8 City Manager
9
10
11 (B) Upon the failure of the owner of property to remedy the conditions existing in
12 violation of the requirements of section 12 -7 of the Code within five (5) days after service of
13 notice to do so, then the City Manager or his designee shall proceed to have such condition
14 remedied by contract or direct labor, or both, and the cost thereof shall become a special
15 assessment lien against such property thirty (30) days after notice of completion of work by the
16 City.
17
18 Such special assessment lien shall be equal in rank and dignity with the lien of ad valorem taxes
19 and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to
20 or against the property. Such lien shall be payable with interest at the legal rate from the date of
21 the certification until paid, and may be foreclosed in the manner provided by law or ordinance.
22 Repeated violations of section 12 -7 occurring within twelve (12) months of the initial notice may
23 be remedied by the City, as set forth herein, without further prior notice to the violator.
8 24 c,,, �� Q
25 See. 12 8-.4.
26
27 of the 1 u y o uue v
28 do so, then the City Managef or his designee shall preeeeed I.- ha i - --eh condition femedied by
29 , and the eest thereof shall beeeme a speeial assessment lie
30 against sueh pr-epefty thifty (30),days after- notice of eempletion of work by the Git�-.
31 c Q eh speeial assessment l• shall be e a rank and dignity with the lie of a
32 , eneumbranees, ti >
33 and elaims in, to or- against the pr-epefty. Sueh lien shall be payable with interest at the legal
34 from the date of the eeffifieation ufAil paid, and may be feFeelesed in the mawner- provided y
35 law or- or-dinanee. Repeated viela4iens of seetion 12 8.2 -ithin twelve (12) month
36 the •+ , notiee may be r-emedied by the Git as et foth her-ein, without ftu4 e prior- to
37 . the violaton
38
39
40 12 -8 Abandoned Property — Lack of Adequate Maintenance (Effective Upon Enactment of
41 State Legislation)
42
43 (A) Purpose and intent.
44
45 It is the purpose and intent of the City to establish a process to address the amount of
• 46 abandoned personal and real property located within the City. It is the City's further intent to
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Page 5 of 11
I specifically establish an abandoned residential property program as a mechanism to protect
02 residential neighborhoods from becoming blighted through the lack of adequate maintenance and
3 security of abandoned properties.
5 (B) Definitions.
6
7 The following words terms and phrases when used in this Chapter, shall have the
8 meanings ascribed to them in this section except where the context clearly indicates a different
9 meaning:
10
11 Abandoned personal property means wrecked or derelict property which has been left
12 abandoned and unprotected from the elements and shall include wrecked inoperative or partially
13 dismantled motor vehicles trailers boats machinery , refrigerators washing machines plumbing
14 fixtures furniture and any other similar personal property which has been left abandoned and
15 unprotected from the elements.
16
17 Abandoned real property means any property that is vacant and/or is under a current
18 notice of default and/or notice of mortgagee's sale by the lender or a pending tax assessors lien
19 sale and /or properties that have been the subject of a foreclosure sale where the title was retained
20 by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under
21 a deed in lieu of foreclosure or sale.
22
23 Accessible property means a property that is accessible through a comprised/breached
•24 gate, fence, wall, etc.
25
26 Accessible structure means a structure/building that is unsecured and /or breached in such
27 a way as to allow access to the interior space by unauthorized persons.
28
29 Code enforcement officer means any Code Enforcement Officer, building official,
30 permit facilitator, public works director, Code Enforcement Officer or building inspector
31 employed within the City.
32
33 Evidence of vacancy means any condition that on its own or combined with other
34 conditions present would lead a reasonable person to believe that the property is vacant. Such
35 conditions may include but not be limited to overgrown and/or dead vegetation accumulation
36 of abandoned real property, as defined herein statements by neighbors, passers -by, delivery
37 agents or govermnent agents among other evidence that the property is vacant.
38
39 Foreclosure means the process by which a property, placed as security for a real estate
40 loan is sold at public sale to satisfy the debt if the borrower defaults.
41
42 Inoperable motor vehicle means a motor vehicle that does not have affixed to it a current
43 license plate and vehicle registration- provided however, this definition shall not apply to
44 vehicles that are owned or leased by an automobile dealer who possesses a current, valid
45 occupational license and the vehicles are stored on property which is properly zoned and
46 improved for use as an automobile dealership.
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2 Nominal salvaize value means the value of any type of abandoned or derelict property
3 which a reasonably prudent person would believe is the fair market value of the property, taking
4 into consideration its useful life earning capacity or replacement cost less depreciation and
5 items of general or special depreciation would be nominally_ greater than the costs of salvage
6 including the removal transportation storage and sale of same.
8 Private property means all lands and improvements other than public lands and
9 improvements.
10
11 Property manggement company means a local property manager, property maintenance
12 company or similar entity responsible for the maintenance of abandoned real property.
13
14 Public property means canals all waterways lands and improvements owned by a
15 governmental body or any governmental agency including but not limited to easements and
16 rights -of -way, but excluding the campus of any institution of the state university system.
17
18 Residential building means any improved real property, or portion thereof, situated in the
19 City, designed or permitted to be used for dwelling purposes and shall include the buildings and
20 structures located on such improved real property_
21
22 Vacant means any building /structure that is not legally occupied.
23 (C) Upon enactment of state mortgage registration requirement. This section shall become
•24 effective won the enactment of Florida State House Bill 119 and Senate Bill 874 (2009) relating
25 to Real Property Registration which requires DFS to establish an internet registry of vacant,
26 abandoned or foreclosure ,proposed real properties; authorizing local governments to enter
27 registry_ properties for specified examination purposes and provide penalties and recover for
28 repairs and corrections:
29 (1) Any mortgagee who holds a mortgage on real property located within the City
30 shall perform an inspection of the property that is the security for the mortgage upon default by
31 the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or
32 shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall update its
33 filing_ with the DFS internet database.
34
35 (2) If the property is occupied but remains in default it shall be inspected by the
36 mortgagee or his designee monthly until 1 the mortgagor or other party remedies the default, or
37 (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned,
38 and the mortgagee shall update its filing with the DFS internet database.
39
40
41 (3) This section shall also apply to properties that have been the subject of a
42 foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the
43 foreclosure and any properties transferred under a deed in lieu of foreclosure /sale.
44
45 (4) Properties subject to this section shall remain under the annual registration
• 46 requirement security and maintenance standards of this section as long as they remain vacant.
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•2 (5) Any person or corporation that has registered a property under this section must
3 report any change of information contained in the registration within ten (10) days of the change.
4
5 (D) Maintenance requirements.
6
7 (1) Properties subject to this Chapter section shall be kept free of weeds, overgrown
8 brush dead vegetation trash junk debris building materials any accumulation of newspapers,
9 circulars flyers notices except those required by federal state or local law, discarded personal
10 items included but not limited to furniture clothing, large and small appliances, printed material
11 or any other items that ivg e the appearance that the property is abandoned.
12
13 (2) The property shall be maintained free of graffiti or similar markings by removal
14 or painting over with an exterior grade paint that matches the color of the exterior structure.
15
16 (3) Front side and rear yard landscLapingY shall be maintained in accordance with the
17 City's standard at the time registration was required.
18
19 (4) Landscape shall include but not be limited to grass ground covers, bushes,
20 shrubs hedges or similar plantings decorative rock or bark or artificial turf /sod designed
21 specifically for residential installation Landscape shall not include weeds gravel, broken
22 concrete asphalt or similar material.
23
•24 (5) Maintenance shall include but not be limited to watering irrigation, cutting, and
25 mowing of required landscape and removal of all trimmings.
26
27 (6) Pools and spas shall be maintained so the water remains free and clear of
28 pollutants and debris Pools and spas shall comply with the enclosure requirements of the City
29 Code of Ordinances and Florida Building Code as amended from time to time.
30
31 (7) Failure of the mortgagee and/or property owner of record to properly maintain the
32 property may result in a violation of this Code and issuance Qf a citation by a City's Code
33 Enforcement Officer.
34
35 (8) If necessary, the citation and compliance matter may be brought by the City to the
36 special master who may make a finding and determination that the City may take any additional
37 action necessary to ensure compliance with this Chapter section.
38
39 (E) Security requirements.
40
41 (1 ) Properties subject to this section shall be maintained in a secure manner so as not
42 to be accessible to unauthorized persons.
43
44 (2) A "secure manner" shall include but not be limited to the closure and locking of
45 windows doors gates and other openings of such size that may allow a child to access the
•
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I interior of the property, access to any pool and /or structure. Broken windows shall be secured by
•2
re-glazing or boarding of the window.
3
4
(3) If the property is owned by a corporation and/or out of area mortgagee, a local
5
property management company shall be contracted to perform bi- weekly inspections to verify
6
compliance with the requirements of this section and any other applicable laws.
7
8
(4) The property shall be posted with the name and 24 hour contact phone number of
9
the local property management company.The posting shall be no less'than an eight -inch by ten -
10
inch sign The posting shall contain the following language:
11
12
THIS PROPERTY IS MANAGED BY:
13
14
TO REPORT PROBLEMS OR CONCERNS CALL:
15
16
The posting shall be placed on the interior of a window facing the street to the front of the
17
property so it is visible or secured to the exterior of the building /structure facing the street to the
18
front of the property so it is visible or, if no such area exists on a stake of sufficient size to
19
support the posting in a location as close as possible to the main door entrance of the property.
20
Exterior osting shall be constructed of and printed with weather - resistant materials.
21
22
(5) The local property management company shall inspect the property on a bi- weekly basis
23
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
•24
25
enforcement division.
26
27
(6) Failure of the mortgagee and /or property owner of record to properly maintain the
28
property may result in a violation of this Ordinance and issuance of a citation by a City's Code
29
Enforcement Officer.
30
31
(7) If necessary, the citation and compliance matter may be brought by the City to the special
32
master who may make a finding and determination that the City may take any additional action
33
necessary to ensure compliance with this Chapter.
34
35
(F) Opposing, obstructing Code Enforcement Officer; penalty.
36
37
Whoever opposes obstructs or resists any Code Enforcement Officer or any person
38
authorized by the enforcement office in the discharge of duties as provided in this Chapter shall
39
be cited in compliance with the provisions and fines as provided in section 2 -25.
40
41
(G) Immunity of Code Enforcement Officer.
42
43
Any Code Enforcement Officer or any person authorized by the special master shall be
44
immune from prosecution civil or criminal for reasonable good faith trespass upon real
45
property while in the discharge of duties imposed by this Chapter.
•
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2 (H) Additional authority.
3
4 The Code Enforcement Officer at the direction of the City Manager, or his /her designee,
5 shall have authority to require the mortgagee and /or owner of record of any property affected by
6 this section to implement additional maintenance and/or security measures including, but not
7 limited to securing any and all door, window or other openings employment of an on -site
8 security guard or other measures as may be reasonably required to help prevent further decline
9 of the property.
10
11 (I) Adoption of rules; expenditure of funds; declaration of City purpose.
12
13 The City Manager, consistent with his/her duties and authorities under the City Charter,
14 including those duties and authorities relating to emergency situations, is authorized and
15 empowered to adopt rules and regulations and emend City funds as may be reasonably necessary
16 and available to carry out the terms of this Chester, the expenditure of such funds being declared
17 a proper City purpose.
18
19 (3) Owner responsible for costs of removing abandoned property.
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21 The owner of any abandoned motor vehicle or boat who after notice as provided in this
22 section does not remove the vehicle or boat within the specified period shall be liable to the City
23 for all costs of removal and destruction of such property, less any salvage value received by the
•24 City. Upon such removal and destruction the Code Enforcement Officer shall notify the owner
25 of the amount owed and of the penalty provisions of this section. In the case of an abandoned
26 boat any person who neglects or refuses to pay such amount shall not be entitled to be issued a
27 certificate of registration for any boat until such costs have been paid. The Code Enforcement
28 Officer shall supply the state department of environmental protection with a list of persons
29 whose boat registration privileges have been revoked under this section. A violation of this
30 section shall result in a fine as provided by section 2 -25 the City's Code Enforcement Fee
31 Schedule Ordinance.
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33 Sec. 2 -8.1 though 2 -8.4 Reserved.
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37 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
38 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
39 affect the validity of the remaining portions of this ordinance.
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41 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
42 ordinance are repealed.
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44 Section 5. This ordinance shall be codified and included in the Code of Ordinances.
45
• 46 Section 6. This ordinance shall take effect immediately upon enactment.
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•2 PASSED AND ADOPTED this _ day of 52009.
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C7
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Office of City Attorney
APPROVED:
MAYOR
1" Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner.
Commissioner Newman:
Additions shown by underlining and deletions shown by ever�,.niking.
Page 11 of 11