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03-17-09 Item 31CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 9, 2009 31 From: Eve A. Boutsis, office of City Attorney Re: Lot Maintenance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND, ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY 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. [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 proposes issuing a one time notice relating to a violation for failure to properly maintain the property (lot maintenance). If the violation is not cured, the City would then have the right to go onto the property to remedy the violation and ultimately lien the property for the City's costs. The amendment to Chapter 15 also includes the new notice provisions from the emergency ordinance and also includes a new provision relating to the holders of mortgages on City resident I properties. This new provision requires all mortgage companies, lenders, banks, etc., to register with the City for notice reasons. This ensures 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. Of particular interest is section 15- 110(i), entitled: "Registration of abandoned real property." This section states that any mortgagee who holds a mortgage on real property located within the City is required to 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, within ten (10) days of the inspection, register the property with the director of development services, or his or her designee, on forms provided by the City. A registration is required for each vacant property. Additionally, the proposed code provides, that 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, within ten (10) days of that inspection, register the property with the Director of Planning & Zoning, or his/her designee, on forms provided by the City. Registration shall require the following information: the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number and e -mail address and, in the case of a corporation or out -of -area mortgagee, the local property management company responsible for the security and maintenance of the property. The provision requires an annual registration fee in the amount of $150.00, per property. The provisions of this lot maintenance ordinance 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. Properties subject to the provisions of the lot maintenance ordinance shall remain under the annual registration requirement, security and maintenance standards of this section as long as they "remain vacant. Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change. Please note: similar measure moving forward on state level. House Bill 119, entitled "Real Property Registration was filed July 1, 2009, sponsored by State Representative Ari Porthand, and states: 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. There has been some argument from banks that they do not have possession of the property and therefore cannot maintain the premises. They claim they would be trespassing. Other banks, facing a similar registration law as that proposed in the attached draft ordinance have voluntarily complied, despite the lack of "possession." The change in state law, if it were to occur would provide more support and authority for the City's registration requirement and enforcement actions. FISCALBUDGETARY IMPACT: There will be fiscal impacts due to the new procedures. The impacts shall include: preparation of a Request for Proposal to hire a law maintenance contractor and any other such contractors needed to clean up the abandoned lots and/or lots in poor condition. Such services may include contractor services to repair screen enclosures, pool barriers, pool maintenance, and/or insect or animal control measures (to exterminate /control mosquito infestations, and/or rodent issues). These costs can be passed on to the residents as special assessment liens, as provided under the code. All municipalities are covered by limited sovereign immunity under Florida Statutes, section 768.28 ($100,000/200,000 limits), which statute creates a process and a ceiling on liability (ceiling can be exceeded if there is a special bill of the state legislature approving same, after final judgment in litigation). In addition to City insurance coverage, and the protections afforded by Florida law, any contractor going on to the lots for maintenance would be required to have insurance and list the City as an additional insured. There has been litigation in other municipalities, as to other code compliance items, and the concept of a "nuisance." As for any issue relating to nuisance, whether the municipality is preventing nuisances, the City is also covered by 768.28, Florida Statutes, for its governmental actions. Ultimately, if there is property damage, the contractor's insurance, listing the municipality as an additional insured, would protect the municipality from contractor negligence. RECOMMENDATION: Approval. 1 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, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE 6 ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF 7 CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS 8 PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT 9 MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; 10 PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE 11 RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY 12 TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT 13 BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; 14 PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO 15 REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER 16 NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS; 17 PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, 18 SEVERABILITY AND AN EFFECTIVE DATE. 19 20 WHEREAS, the City of South Miami desires to create Article IV, of Chapter 15 of the 21 City's Code of Ordinances entitled "Lot Maintenance and Abandoned Property," which Article 22 shall provide procedures to deal with lot maintenance and abandoned property; and, 23 24 WHEREAS, Article IV of Chapter 15 shall provide a process for a single issuance of an 25 annual notice to property owners and mortgage companies of a violation of lot maintenance 26 standards, which, thereafter, shall allow the City to enter the premises to clean up the property, 27 should the property owner, and/or all interested parties, fail to timely do so; and, 28 29 WHEREAS, due to the foreclosure crisis in South Florida there are number of properties 30 that are not being maintained, and that are being abandoned by the mortgage companies, the 31 home owners, and creditors; and, 32 33 WHEREAS, the abandoned nature of these properties has resulted in a nuisance in the 34 community by causing: rodent and mosquito infestations, due to over grown lots, un- maintained 35 pools and standing water; and, 36 37 WHEREAS, property values of adjoining properties are decreasing due to the conditions, 38 and lack of lot maintenance at these foreclosed and/or abandoned sites; and 39 40 WHEREAS, due to this crisis, the City of South Miami desires to implement Article IV 41 of Chapter 15 and the regulations contained therein to better regulate the condition of the 42 properties within the City. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 46 Page 1 of 12 Additions shown by underlining and deletions shown by evef g. I Section 1. The City of South Miami hereby creates - Division IV, of Chapter 15, 2 entitled "Lot Maintenance, Abandoned Property" which shall read as follows: 3 4 5 6 CHAPTER 15 7 OFFENSES AND MISCELLANEOUS PROVISIONS 8 9 10 ARTICLE IV 11 12 LOT MAINTENANCE ABANDONED PROPERTY 13 14 15 -110 Lot Maintenance, Abandoned Property 15 16 (a) Prohibitions. 17 18 It shall be unlawful for the owner or any other persons in possession of any lot, tract, or other 19 parcel of land in the City, improved or unimproved to allow on any lot tract or parcel of land 20 within the City to such an extent that it constitutes a menace to life property the public health, 21 and public welfare or creates a fire hazard the accumulation of any of the following: solid waste, 22 biological, hazardous or industrial waste as described herein; tires- stagnant water; a dense 23 growth of trees vines and underbrush; or to allow a growth of grass, weeds or bushes over one 24 foot in height; or to allow the existence of depressions or excavations wherein water may 25 accumulate It is also unlawful for the owner or any other persons in possession of any lot, tract 26 or other parcel of land in the City to fail to properly maintain a pool, pond, water _fountain, or 27 other such mechanism so as to cause a breeding ground for mosquitoes larva amphibian 28 reptiles or other such pests Any owner, lessee or occupant or any person having legal or 29 beneficial ownership of any lot tract or parcel of land in the Cily who violates any provision set 30 forth in this Division shall upon a finding of violation thereof, be punished as provided by law. 31 32 (b) Responsibility for compliance. 33 34 The owner, agent and or, tenant of the propeM on which violation of this section occurs, and 35 the owner of the abandoned vehicle shall be jointly and severally liable for compliance with the 36 requirements of this section and for fines and penalties issued under any provision of the City's 37 codes. 38 39 (c) Lot clearance; failure to comply; notice to property owner /owners. 40 41 (1) The owners or agents of all rental units including multiple apartments, and the owners of 42 all structures either residential or commercial shall be responsible at all times for keeping their 43 premises clean and free from all trash and litter, including the sidewalks and swales on which the 44 buildings or lands front It shall be the duty of all owners of lots parcels and tracts of land within 45 the City to keep such property in a safe clean and presentable condition, and to remove therefrom Page 2 of 12 Additions shown by underlining and deletions shown by ^v°r g. I all garbage surplus grass saplings weeds and other growths, and all trash and to fill in all 2 excavations and depressions thereon. 3 4 (2) In the event the owners of lots tracts or parcels of land within the City fail or refuse to 5 keep such property in a safe clean and presentable condition the code enforcement inspector 6 shall provide notice to the property owner, agents mortgage holders that a violation of this code 7 has been committed and shall establish a reasonable time period for correction of the violation. 8 9 (3) The code enforcement officer as defined in section 2 -204 shall give the notice by 10 registered or certified mail to the owner of the property at the owner's last known mailing 11 address as disclosed by the City records or by county tax rolls or at the property's street address, 12 or upon any occupant thereof, or upon M agent or employee of the owner thereof. Said notice 13 shall be deemed sufficient when so addressed and deposited in the United States mail with 14 proper postage prepaid If the address of the owner is unknown to the code inspector, as defined 15 in section 2-25, and if the property is unoccupied and the owner thereof has no agent or 16 employee available for service of such notice the posting of a notice upon such property by the 17 code inspector shall constitute and be sufficient notice to the owner thereof. All methods of 18 giving notice as provided for herein are cumulative and independent of the other, and the code 19 enforcement officer, may use one or all of the same as may be deemed necessary. The notice 20 shall include an opportunity for a hearing as provided in section 2 -25. 21 22 (4) In the event the owner of any lot parcel or tract of land shall fail to remove all surplus 23 grass saplings weeds trash and garbage and to fill in all excavations and depressions thereon 24 after notice has been given by the code enforcement officer, or fails to request a hearing within 25 twenty (20) calendar days the Cily may clean or cause to be cleaned such lot tract or parcel of 26 land and place it in a safe and sanitary condition. 27 28 (d) Cost of clearing as lien on property -- Collection, foreclosure and sale. 29 30 (1) In case the work is done or caused to be done by the City, the code enforcement Division 31 shall keep an itemized accounting of expenses of the work done and the cost thereof. Such 32 amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as 33 special assessment liens against the real property aforesaid, and until fully paid and discharged, 34 or barred by law, shall remain liens equal in rank and dignity with the lien of City and county ad 35 valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims 36 in, to or against the real property involved. The payment of all costs of collection, including 37 reasonable attorney's fees, penalties, administrative charges, and lien amounts is required before 38 said lien shall be discharged or satisfied. All delinquent liens may be offered for sale at the 39 annual lien sale of the City next following the date of delinquency as provided by law. 40 41 (2) This notice will be the only notice given within a one -year period of time. Any 42 subsequent violations occurring under this section shall be remedied by the City without further 43 notice. 44 45 (3) The filing of an appeal from the City's determination of the need for lot clearance by the 46 City shall not delay action by the City as described in subsection (b) of this Division. The Page 3 of 12 Additions shown by underlining and deletions shown by ve-g. hearing will be conducted in accordance with the procedures set forth in section 2 -25 of this Code. (4) The lot maintenance and abandoned property notice shall be in substantially the following Date: Name of owner: Address of owner: 9 As the registered property owner per Miami -Dade County tax rolls of the above described 10 property, you are hereby notified that an inspection discloses that you are in violation of the 11 Code of the City of South Miami Florida as amended because of the following reasons (state 12 why property is in violation.). 13 14 The City's Ordinances as implemented relating to Garbage and Other Solid Waste requires that 15 your property be kept in a safe clean condition not allowing the accumulation of any of the 16 following solid waste biological hazardous or industrial waste as defined herein tires, stagnant 17 water a dense growth of trees vines and underbrush; or to allow a growth of grass, weeds or 18 bushes over one foot (1 ft) in height; or to allow the existence of depressions or excavations 19 wherein water may accumulate on any lot tract or parcel of land within the City to such an 20 extent that it constitutes a menace to life property, the public health and public welfare or 21 creates a fire hazard. 22 23 You are directed to correct said violation within days of receipt of this 24 notice and to notify this office that the violation has been corrected. Failure to do so will cause 25 the City to clean the property therefore imposing a special assessment lien shall be 26 recorded in the official records of Miami -Dade County against the property including the 27 payment of all costs of collection penalties lien amounts and administrative fees. The City mu 28 also exercise the option of foreclosure on your property. 29 30 This notice will be the only notice given to you in a period of one (1) year from this date. Any 31 other violations occurring under this section shall be remedied by the City without further notice. 32 33 Signed: City of South Miami Code Enforcement Official. 34 35 5 The Cit y shall also be entitled to collect an administrative fee of $250.00 due to each 36 clean-Lip caused by the property owner's failure to clean the site. 37 38 39 15 -111 Abandoned Property — Lack of Adequate Maintenance 40 41 (a) Purpose and intent. 42 Page 4 of 12 Additions shown by underlining and deletions shown by eveFstpiking. 1 It is the pgTose and intent of the Cily to establish a process to address the amount of 2 abandoned personal and real property located within the City. It is the City's further intent to 3 specifically establish an abandoned residential property program as a mechanism to protect 4 residential neighborhoods from becoming blighted through the lack of adequate maintenance and 5 security of abandoned properties. 7 (b) Definitions. 8 9 The following words terms and phrases when used in this Division, shall have the 10 meanings ascribed to them in this section except where the context clearly indicates a different 11 meaning: 12 13 Abandoned personal prqperty means wrecked or derelict property which has been left 14 abandoned and unprotected from the elements and shall include wrecked inoperative or partially 15 dismantled motor vehicles trailers boats machinery, refrigerators washing machines, plumbing 16 fixtures furniture and any other similar personal property which has been left abandoned and 17 unprotected from the elements. 18 19 Abandoned real property means any property that is vacant and/or is under a current 20 notice of default and /or notice of mortgagee's sale by the lender or a pending tax assessors lien 21 sale and/or properties that have been the subject of a foreclosure sale where the title was retained 22 by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under 23 a deed in lieu of foreclosure or sale. 24 25 Accessible property* means a property that is accessible through a comprised/breached 26 gate fence wall, etc. 27 28 Accessible structure means a structure/building that is unsecured and/or breached in such 29 a way as to allow access to the interior space by unauthorized persons. 30 31 Code enforcement officer means any code enforcement officer, building official, zoning 32 inspector, code enforcement officer, fire inspector or building inspector employed within the 33 City_ 34 35 Evidence of vacancy means any condition that on its own or combined with other 36 conditions present would lead a reasonable person to believe that the property is vacant. Such 37 conditions may include but not be limited to overgrown and/or dead vegetation, accumulation 38 of abandoned real property, as defined herein statements by neighbors passers -by, delivery 39 agents or government tents among other evidence that the property is vacant. 40 41 Foreclosure means the process by which a property, placed as security for a real estate 42 loan is sold at public sale to satisfy the debt if the borrower defaults. 43 44 Inoperable motor vehicle means a motor vehicle that does not have affixed to it a current 45 license plate and vehicle registration; provided however, this definition shall not apply to 46 vehicles that are owned or leased by an automobile dealer who possesses a current, valid Page 5 of 12 Additions shown by underlining and deletions shown by e,.e�ki= =� I occupational license and the vehicles are stored on property which is properly zoned and 2 approved for use as an automobile dealership. 3 4 Nominal salvage value means the value of any type of abandoned or derelict property 5 which a reasonably prudent person would believe is the fair market value of the property, taking 6 into consideration its useful life earning capaci or replacement cost less depreciation and 7 items of general or special depreciation would be nominally greater than the costs of salvage 8 including the removal transportation storage and sale of same. 9 10 Private property means all lands and improvements other than public lands and 11 improvements. 12 13 Property management company means a local property manager, property maintenance 14 company or similar entity responsible for the maintenance of abandoned real property. 15 16 Public property means canals all waterways lands and improvements owned by a 17 governmental body or any governmental agency including but not limited to easements and 18 rights of way, but excluding the campus of any institution of the state university system. 19 20 Residential- building means any improved real propeM, or portion thereof, situated in the 21 City, designed or permitted to be used for dwelling purposes and shall include the buildings and 22 structures located on such improved real property. 23 24 Vacant means any building /structure that is not legally occupied. 25 26 (c) Applicability. 27 28 This Division shall be considered cumulative and not superseding or subject to any other 29 law or provision for same but shall rather be an additional remedy available to the City above 30 and beyond any other state county and/or local provisions for same. 31 32 (d) Penalties. 33 34 Any person who shall violate the provisions of this Division shall, upon issuance of the 35 civil citation and/or decision of special master after appeal shall be enforced as per section 2 -25 36 of the Code of Ordinances. 37 38 (e) Placement of abandoned personal property prohibited. 39 40 (1) It shall be unlawful for any person to abandon personal property upon private property: 41 42 (A) Without such receiving property owner's consent; or 43 (B) In violation of this or any other applicable law, ordinance or regulation. 44 Page 6 of 12 Additions shown by underlining and deletions shown by , vermg. 1 (2) Nothing in this section shall be deemed to apply to abandoned personal property 2 authorized to be left on private business property properly operated licensed and zoned in the 3 City for the p=ose of accepting abandoned property. 5 (f) Public nuisance. 6 7 All abandoned personal property and abandoned real property is hereby declared to be a 8 public nuisance the abatement of which pursuant to the police power is hereby declared to be 9 necessary for the health welfare and safety of the residents of the ,City. 10 11 (g) Notification procedure. 12 13 When a code enforcement officer ascertains that an article of personal property having 14 nominal salvage value lies abandoned or derelict upon private property, that officer shall: 15 16 (1) Cause a notice to be issued and posted upon the real property in the substantially 17 following form: orm: 18 19 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE PROPERTY 20 HEREIN DESCRIBED 21 22 THIS PROPERTY, TO WIT: 23 (setting forth brief description) 24 25 LOCATED AT: 26 (setting forth brief description of location) is: 27 28 IMPROPERLY STORED AND IS IN VIOLATION OF 29 (setting forth ordinance or violation violated) 30 31 AND MUST BE REMOVED WITHIN SEVENTY -TWO HOURS (72) FROM THE DATE OF 32 THIS NOTICE• OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED 33 PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF 34 THE CITY OF SOUTH MIAMI FLORIDA DATED THIS: 35 (setting forth the date of posting of notice), 36 37 SIGNED (setting forth name title address and telephone number of code enforcement officer.) 38 39 Such notice shall be not less than eight (8) inches by ten (10) inches and be sufficiently 40 weatherproof to withstand normal exposure to the elements. 41 42 (2) The code enforcement officer shall mail by certified mail a cony of the above - described 43 notice to the owner of the real property Won which the abandoned personal property is located, 44 as shown by the real estate tax records used by the county or any other address provided to the 45 local government by such owner, on or before the date of posting such notice. Page 7 of 12 Additions shown by underlining and deletions shown by ermg. 2 (h) Removal of abandoned personal property. 3 4 (1) If at the end of seventy -two hours after posting notice under this Division, the owner or 5 . any person interested in such abandoned personal property described in the notice has not 6 removed same the code enforcement officer may cause the article of abandoned personal 7 property to be removed and destroyed and the salvage value if any, of such article shall be 8 retained by the City to be applied against the cost of removal and destruction thereof. 10 (2) Before destruction for abandoned property on public lands or private lands, at the end of 11 the seventy two hours period of posting of such notice if the owner or person having interest in 12 the property has not removed the abandoned property from public or private property, or shown 13 reasonable cause for failure to do so the City mgy cause the property so described to be removed 14 by a towing company who shall cause the article(s) of abandoned property to be removed and 15 placed in storage in applicable with the local state and federal regulations. At the conclusion of 16 the required storage if the Division is not claimed and if the salvage value is above $100.00, the 17 towing company shall pay the City of South Miami the sum of $25.00 or ten (10) percent of such 18 value whichever is Rreater, for the administrative costs in handling with said article. If the article 19 is claimed the City shall receive $25.00 as an administrative fee. 20 21 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, 22 from private property to public property after the posting of said property by an code 23 enforcement officer. 24 25 (4) In the event that the abandoned property is deemed to be an imminent public health and 26 safety hazard an code enforcement officer is authorized to remove the property immediately. 27 Subsequent to the removal of the abandoned property, the City shall make reasonable and 28 diligent efforts to ascertain the owner and take the applicable action. If the abandoned property is 29 on private property the private property owner shall be provided notice and assessed the cost of 30 removal of the abandoned property and any required clean-up of the private property. 31 32 (i) Reeistration of abandoned real property. 33 34 (1) AU mortgagee who holds a mortgage on real property located within the City shall 35 perform an inspection of the property that is the security for the mortgage upon default by the 36 mortgagor, prior to the issuance of a notice of default If the property is found to be vacant or 37 shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten 38 (10) dUs of the inspection register the property with the Building Director and/or Director of 39 Planning & Zoning, or his or her designee on forms provided by the City. A registration is 40 required for each vacant property. 41 42 (2) If the property is occupied but remains in default it shall be inspected by the mortgagee 43 or his designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is 44 found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the 45 mortgagee shall within ten (10) days of that inspection register the property with the Building Page 8of12 Additions shown by underlining and deletions shown by eve- g. 1 Director and/or Director of Planning & Zoning or his/her designee (as directed by the City), on 2 forms provided by the City- 3 4 (33) Registration pursuant to this section shall contain the name of the mortgagee, the direct 5 mailing address of the mortgagee a direct contact name and telephone number of mortgagee 6 facsimile number and e-mail address and in the case of a corporation or out -of -area mortgagee, 7 the local property management company_ responsible for the security and maintenance of the 8 property. 10 (4) An annual registration fee in the amount of $150.00, per property, shall accompany the 11 registration form(s). 12 13 (5) This section shall also apply to properties that have been the subject of a foreclosure sale 14 where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and 15 any &operties transferred under a deed in lieu of foreclosure /sale. 16 17 (6) Properties subject to this section shall remain under the annual registration requirement, 18 security and maintenance standards of this section as long as they remain vacant. 20 (7) Any person or corporation that has registered a property under this section must report 21 any change of information contained in the registration within ten (10) days of the change. 22 23 (D Maintenance requirements. 24 25 (1) Properties subject to this Division shall be kept free of weeds overgrown brush, dead 26 vegetation trash, junk debris building materials any accumulation of newspapers, circulars, 27 flyers notices except those required by federal state or local law, discarded personal items 28 included but not limited to furniture clothing large and small appliances printed material or 29 any other items that give the appearance that the property is abandoned. 30 31 (2) The property shall be maintained free of graffiti or similar markings by removal or 32 painting over with an exterior ,grade paint that matches the color of the exterior structure. 33 34 (3) Front side and rear yard landscgping shall be maintained in accordance with the City's 35 standard at the time registration was required. 36 37 (4) Landscape shall include but not be limited to grass ground covers, bushes, shrubs, 38 hedges or similar plantings decorative rock or bark or artificial turf /sod designed specifically for 39 residential installation Landscape shall not include weeds gravel broken concrete, asphalt or 40 similar material. 41 42 (5) Maintenance shall include but not be limited to watering irrigation cutting, and 43 mowing of required landscape and removal of all trimmings. 44 1 Page 9 of 12 Additions shown by underlining and deletions shown by evermg. 1 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants and 2 debris Pools and spas shall comply with the enclosure requirements of the City Code of 3 Ordinances and Florida Building Code as amended from time to time. 4 5 (7) Failure of the mortgagee and/or property owner of record to properly maintain the 6 property may result in a violation of subsection 15- 110(b) the Crtv Code and issuance of a 7 citation by a City's code enforcement officer. 9 (8) If necessary the citation and compliance matter may be brought by the City to the special 10 master who may make a finding and determination that the City may take any additional action 11 necessary to ensure compliance with this Division. 12 13 (k) Security requirements. 14 15 (1) Properties subject to this section shall be maintained in a secure manner so as not to be 16 accessible to unauthorized persons. 17 18 (2) A "secure manner" shall include but not be limited to the closure and locking of 19 windows doors gates and other openings of such size that may allow a child to access the 20 interior of the property and/or structure Broken windows shall be secured by reglazing or. 21 boarding of the window. 22 23 '(3) If the property is owned by a corporation and/or out of area mortgagee a local property 24 management company shall be contracted to perform bi- weekly inspections to verify compliance 25 with the requirements of this section and any other applicable laws. 26 27 (4) The propegy shall be posted with the name and 24 hour contact phone number of the 28 local roperty management company. The posting shall be no less than an eight -inch by ten -inch 29 sign The posting shall contain the following language: 30 31 THIS PROPERTY IS MANAGED BY: 32 33 TO REPORT PROBLEMS OR CONCERNS CALL: 34 35 The posting shall be placed on the interior of a window facing the street to the front of the 36 property so it is visible or secured to the exterior of the building /structure facing the street to the 37 front of the property so it is visible or, if no such area exists, on a stake of sufficient size to 38 support the posting in a location as close as possible to the main door entrance of the property. 39 Exterior posting shall be constructed of and printed with weather - resistant materials. 40 41 (5) The local property management company shall inspect the property on a bi- weekly basis 42 to ensure that the property is in compliance with this Division Upon the request of City, the 43 local property management company hall provide a copy of the inspection reports to the code 44 enforcement division. 45 Page 10 of 12 Additions shown by underlining and deletions shown by °r- 1 (6) Failure of the mortgagee and /or property owner of record to properly maintain the 2 property ma result in a violation of subsection 15- 100(b) the City Code and issuance of a 3 citation by a City's code enforcement officer. 4 5 (7) If necessary, the citation and compliance matter may be brought by the City to the special 6 master who may make a finding, and determination that the City may take any additional action 7 necessary to ensure compliance with this Division. 8 9 (1) Opposine, obstructing code enforcement officer; penalty. 10 11 Whoever opposes obstructs or resists any code enforcement officer or any person 12 authorized by the enforcement office in the discharge of duties as provided in this Division shall 13 be cited in compliance with the provisions and fines as provided in section 2 -25. 14 15 (m) Immunity of code enforcement officer. 16 17 AU code enforcement officer or any person authorized by the code enforcement officer 18 shall be immune from prosecution civil or criminal for reasonable good faith trespass upon real 19 property while in the discharge of duties imposed by this Division. 20 21 (n) Additional authority. 22 23 The Building Director and/or the Director of Planning and Zoning or his/her designee, 24 shall have authority to require the mortgagee and/or owner of record of any property affected by 25 this section to implement additional maintenance and/or security measures including, but not 26 limited to securing any and all door, window or other openings employment of an on -site 27 security ward or other measures as may be reasonably required to help prevent further decline 28 of the property. 29 30 (o) Adoption of rules; expenditure of funds; declaration of City purpose. 31 32 The City Manager, consistent with his/her duties and authorities under the City Charter, 33 including those duties and authorities relating to emergency situations, is authorized and 34 empowered to adopt rules and regulations and expend City funds as may be reasonably necessary 35 and available to carry out the terms of this Division the expenditure of such funds beinF- 36 declared a proper City purpose. 37 38 (p) Owner responsible for costs of removing abandoned property. 39 40 The owner of any abandoned motor vehicle or boat who after notice as provided in this 41 section does not remove the vehicle or boat within the specified period shall be liable to the City 42 for all costs of removal and destruction of such propelly, less any salvage value received by the 43 City. Upon such removal and destruction the code enforcement officer shall notify the owner of 44 the amount owed and of the penalty provisions of this section. In the case of an abandoned boat, 45 any person who neglects or refuses to pay such amount shall not be entitled to be issued a 46 certificate of registration for any boat until such costs have been paid. The code enforcement Page 11 of 12 Additions shown by underlining and deletions shown by „•..,"gig- 1 officer shall supply the state department of environmental protection with a list of persons whose 2 boat registration privileges have been revoked under this section. In the case of an abandoned 3 motor vehicle any person who neglects or refuses to pay such amount shall be subject to a class 4 II violation minimum fine of $200.00. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. PASSED AND ADOPTED this _ day of 52009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney ....• MAYOR 1st Reading — 2" a Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: Page 12 of 12 Additions shown by underlining and deletions shown by ever-striking. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miam40ade 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/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, F:o da; that Lia al'.ached cupy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3/17/2009 in the XXXX Court, was published in said newspaper in the issues of 03/06/2009 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. /) Sworn to and subscribed before me IN 0 ay of MARS (SEAL) V. PEREZ personally known to me Id.17Gt E SIC4 OD 7;0170 EX7!riES: A -0ardt 4 2C1I w yOUTy O� a � w ; v m 8 927 e 1921 A�OatO CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct- Public, Hearings at its regular City Commission meeting scheduled for Tuesday; March 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Resolution: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN 'LO' LOW - INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED 'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE, RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE .CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED—UNDER - LAW;.. PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT. AND AN EFFECTIVE DATE. AN OfiDwmde OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION AND CITY GOVERNMENT,' SECTION 2-4.4, ENTITLED 'RESERVED,' PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 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, CREATING ARTICLE } IV, WHICH ARTICLE SHALL BE ENTITLED 'LOT MAINTENANCE AND ABANDONED PROPERTY; OF CHAPTER 15, RELATING TO 'OFFENSES AND MISCEL- LANEOUS PROVISIONS'; PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETER- MINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS/CITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI- CATION, SEVERABILITYAND 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 heating, 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. 3/6 09- 3.6711186384M 1R ,, o E CITY OF SOUTH MIAMI COURTESY NOTICE Ln NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida i will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, March 17, 2009 beginning at7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: i ! Resolution: I A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE I REQUIRED BY THE.GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT LOCATED At 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Second Reading: AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES "; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW. AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION. I 1 AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND j MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR 1. LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; f PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT i MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON.ANNUAL BASIS T I ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERES . PERSONS. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC 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 I 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. m a Miami's best skippers. No experience free. walkwithfne.org /. necessary. Volunteers needed; l p.m. a Sunday; Shake -A -leg Miami, 2620 S. HEALTH AND FITNESS, z Bayshore Dr., Coconut Grove; $15,. SPECIAL EVENTS $10 members. 305 - 858 -5550; — ext.103 or shakealegmiami.org. o Walk With Me Miami 2009: Three- Adolescent Depresslon /Anxiety mile family fun walk to be held on Group: Open to kids 13 -17 who would UJ March 28. Easter Seals Walk With Me like to join Support group aimed at _ unites thousands of people in a com- fostering coping skills to alleviate a mon cause to,provide help and hope. and prevent feelings of anxiety and , for individuals and families living . depression; 4 -5 p.m. Wednesday; s with disabilities. Online registration (305) Music Lounge, 721 N. Lincoln available; through March 22; Ponce — de Leon Circle Park, Palermo Street *TURN TO CALENDAR, 54 i and Seville Avenue, Coral Gables; t •ai i z ,, o E CITY OF SOUTH MIAMI COURTESY NOTICE Ln NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida i will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, March 17, 2009 beginning at7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: i ! Resolution: I A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE I REQUIRED BY THE.GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT LOCATED At 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Second Reading: AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES "; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW. AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION. I 1 AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND j MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR 1. LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; f PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT i MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON.ANNUAL BASIS T I ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERES . PERSONS. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC 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 I 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.