(A) It is the purpose and intent of the city to establish a process to address the minimum standards for maintenance of real property located within the city. It is the city's further intent to specifically establish guidelines to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance.
(B) Applicability. This subchapter shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the city above and beyond any other state, county and/or local provisions for same.
(C) Penalties. Any person who shall violate the provisions of this subchapter shall, upon conviction, be punished as provided in § 91.99.
(D) General maintenance requirements.
(1) The existence of excessive accumulation or untended growth of weeds, undergrowth, or other dead or living plant life or stagnant water, rubbish, debris, or trash, including but not limited to, household furnishing and all other objectionable, unsightly, or unsanitary matter upon any lot, tract, or parcel of land within this city, be it uncovered or under open shelter, to the extent and manner that such lot, tract, or parcel of land is or may reasonably become infested or inhabited by rodents, vermin, or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or otherwise adversely affects and impairs the general health, safety, or welfare of the general public or creates, extends, or aggravates urban blight is hereby prohibited and declared to be a public nuisance and unlawful, unless neatly arranged for removal.
(2) Properties shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, or any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items including, 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.
(3) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.
(4) Consistent with the provisions of the Florida Building Code, swimming pools and spas shall be maintained so the water remains free and clear of pollutants and debris, and in good repair. Private swimming pools, hot tubs and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level, measured on the side of the barrier away from the pool. Gates and doors in such barrier shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost.
(5) Failure of the mortgagee and/or property owner of record to properly maintain the property shall result in a violation of the City Code and issuance of a citation or notice of violation/notice of hearing by the Code Enforcement Officer. Pursuant to a finding and determination by the Code Enforcement Board, the city may take the necessary action to ensure compliance with this section.
(E) Public nuisance. All property within the City of Lake Mary determined to be in violation of the property maintenance requirements, as defined by this subchapter, may be declared a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city.
(F) Abandoned real property.
(1) Any mortgagee who holds a mortgage on real property located within the city, which violates the provisions of this subchapter, and is abandoned or vacant or unoccupied and not maintained, shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, prior to the mortgagee's 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 days of the inspection, register the property with the City Clerk, or his or her designee, on forms provided by the city. A registration is required for each vacant property found to be in violation of this subchapter.
(2) If the property is occupied but remains in default, it shall be inspected by the mortgagee or his or her 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 days of that inspection, register the property with the City Clerk, or his or her designee, on forms provided by the city.
(3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of the 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.
(4) An annual registration fee in the amount of $100 per property shall accompany the registration form(s). This fee is to cover administrative and inspection costs incurred by the city to ensure properties are properly maintained and secured for the safety of the public. The city will notify mortgage holders or their management
(5) 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 to any properties transferred under a deed in lieu of foreclosure/sale.
(6) Properties subject to this section shall remain under the annual registration requirements, security and maintenance standards of this section as long as they remain vacant.
(7) Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten days of the change.
(G) Security requirements for abandoned real property.
(1) Abandoned or vacated 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 interior of the property 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 with to perform monthly inspections to verify compliance with the requirements of this section and any other applicable laws.
(4) The property shall be registered with the city with the name and 24-hour contact phone number of the local property management company.
(5) The local property management company shall inspect the property on a monthly basis to ensure that the property is in compliance with this subchapter. Upon the request of the city, the local property management company shall provide a copy of the inspection reports to the Office of Code Enforcement.
(6) Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of the City Code and issuance of a citation or notice of violation/notice of hearing by the Code Enforcement Officer. Pursuant to a finding and determination by the Code Enforcement Board, the city may take the necessary action to ensure compliance with this section.
(H) Opposing, obstructing Code Official; penalty. Whoever opposes, obstructs, or resists any Code Official in the discharge of duties as provided in this subchapter, upon conviction shall be punished as provided by Florida law.
(I) Immunity of Code Officials. Code Officials 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 subchapter.
(J) Additional authority. The City Manager, or his or 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.
(K) Adoption of rules; expenditure of funds; declaration of city purpose. The City Manager, consistent with his or her duties and authorities under the City Charter, including those duties and authorities relating to emergency situations, is authorized and empowered to promulgate rules and regulations and expend city funds as may be reasonably necessary and available to carry out the terms of this subchapter, the expenditure of such funds being declared a proper city purpose.
(Ord. 370, passed 5-19-88; Am. Ord. 1331, passed 9-3-09; Am. Ord. 1409, passed 12-16-10; Am. Ord. 1494, passed 9-19-13)