(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT OFFICER. Any full-time law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector employed within the city.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.
NOTICE OF DEFAULT. A written notice of default and acceleration sent to the borrower (aka mortgagor) from a mortgage holder/lender (aka mortgagee) as required by law.
OUT OF AREA. Not located in Broward, Dade or Palm Beach Counties.
PROPERTY MANAGEMENT COMPANY. A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
RESPONSIBLE PARTY. The mortgage holder/lender (aka mortgagee) which has sent a Notice of Default to a borrower (aka mortgagor).
VACANT. Any building/structure that is not legally occupied.
(B) Applicability. This section 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) Registration of foreclosure real property.
(1) Any responsible party who has issued a Notice of Default on real property located within the city shall, within ten days of issuing the Notice of Default, register the property with the Director of Development Services, or his designee, on forms provided by the city. A registration shall be provided for each such property whether occupied or vacant.
(a) If the property remains in default, it shall be inspected by the responsible party monthly until the mortgagor or other party remedies the default to ensure the property is compliant with the maintenance standards in division (E) of this section and security requirements for vacant properties in division (F) of this section, as applicable.
(2) Copies of all registrations required under subsection (1) above, shall be provided on a weekly basis to the supervisor of the department responsible for code enforcement duties for the city by the Director of Development Services or the person designated to process the registrations.
(3) Registration pursuant to this section shall contain the name of the responsible party, the direct mailing address of the responsible party, a direct contact name and telephone number of responsible party facsimile number and e-mail address and, in the case of a corporation or out-of-area responsible party, the local property management company responsible for the security and maintenance of the property.
(4) An initial registration fee in the amount of $75, per property, shall accompany each registration form. The registration shall be renewed on the anniversary date of the initial registration for a fee of $25.
(5) Properties subject to this section shall remain under the annual registration requirement, security and maintenance requirements of this section until such time that they are sold by the responsible party.
(6) Any responsible party that has registered a property under this section must report any change of information contained in the registration within ten days of the change.
(D) Penalties. Failure of a responsible party to register a property as required under this section shall be a violation. Each day the violation occurs shall constitute a separate violation. Such violations shall be punishable before the city's Special Magistrate for Code Enforcement pursuant to F.S. Chapter 162 and Chapter 37 of this code, which may result in liens placed on the subject property.
(E) Maintenance requirements.
circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items such as furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
(2) The property shall be maintained free of graffiti or similar markings in accordance with § 131.16 of this code, including removal or painting over graffiti with an exterior grade paint that matches the color of the exterior structure.
(3) Landscaping shall be maintained in accordance with the city's standards.
(a) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
(b) Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing of required landscape and removal of all trimmings.
(4) Pools and spas shall be maintained so the water remains free and clear of pollutants, debris and stagnation. Pools and spas shall comply with the enclosure requirements of the city's Code of Ordinances and Florida Building Code, as amended from time to time.
(5) Failure of the responsible party 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 a Code Enforcement Inspector. Pursuant to a finding and determination by the city's Special Magistrate, the city may take the necessary action to ensure compliance with this section.
(F) Security requirements for vacant properties.
(1) Vacant properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons. 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 persons to access the interior of the property and/or structure. Broken windows shall be secured by re-glazing or boarding of the window.
(2) If the responsible party is located out of the area, a local property management company shall be contracted to perform bi-weekly inspections to verify compliance with the requirements of this section, and any other applicable laws.
(3) The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than an eight-inch by ten-inch sign. The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
(4) The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible, or secured to the exterior of the building/ structure facing the street to the front of the property so it is visible or, if no such area exists, on a stake of sufficient size to support the posting in a location as close as possible to the main door entrance of the property. Exterior posting shall be constructed of and printed with weather-resistant materials.
(5) The local property management company shall inspect the property on a bi-weekly basis to ensure that the property complies with this section. Upon the request of city, the local property management company shall provide a copy of the inspection reports to the Director of Development Services.
(6) Failure of the responsible party 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 an enforcement officer. Pursuant to a finding and determination by the city's Special Magistrate, the city may take the necessary action to ensure compliance with this section, which may result in liens on the property.
(G) It shall be a violation for any person to oppose, obstruct or resist any enforcement officer or any person authorized in the discharge of duties as provided in this section and upon conviction, any such person shall be punished as provided in § 10.99 of this code or as set forth in Florida Statutes.
(H) Immunity of enforcement officer. Any enforcement officer or any person authorized by the city to perform services to remediate violations or hazards on the subject property 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 section.
(I) Additional authority. The Director of Development Services or his designee shall have authority to require the responsible party 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 prevent further decline of the property or to correct any health and safety issue.
(J) Nothing contained in this section shall prohibit the city from enforcing its codes by any other means including, but not limited to, injunction, abatement or as otherwise provided by the city's code or Florida Statutes.
(Ord. 2009-51, passed 9-8-09; Am. Ord. 2017-16, passed 1-10-17)