ORDINANCE NO. 48-H THE CITY OF ST. PETERSBURG, FLORIDA DOES ORDAIN:

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1 ORDINANCE NO. 48-H AN ORDINANCE RELATING TO THE CREATION OF A FORECLOSURE REGISTRY; PROVIDING FOR REGISTRATION FOR ALL PROPERTIES IN FORECLOSURE; PROVIDING MAINTENANCE AND SECURITY REQUIREMENTS FOR ALL PROPERTIES IN FORECLOSURE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF ST. PETERSBURG, FLORIDA DOES ORDAIN: SECTION 1. Legislative Findings, Intent and Purpose. (A) The City Council of the City of St. Petersburg, Florida finds that property may remain in the foreclosure process for months or years prior to foreclosure sale or other resolution of the foreclosure proceedings, and that such property may be abandoned at any time during the foreclosure proceedings, often without warning or notice or even if not abandoned may not be properly maintained. (B) The City Council of the City of St. Petersburg, Florida finds that property that is not properly maintained is unsightly, unsafe and has a negative impact on the community. The City Council of the City of St. Petersburg, Florida hereby declares that all property in the City of St. Petersburg that has been foreclosed upon or is the subject of foreclosure actions or proceedings and is not properly maintained is a public nuisance, the abatement of which, pursuant to the City's police power, is hereby declared to be necessary for the health, safety and welfare of the citizens of the City of St. Petersburg. (C) It is the intent and purpose of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants of abutting property and neighborhoods to prevent blighted and unsecured residences by (i) identifying properties in foreclosure; (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register property that has been foreclosed upon or are the subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of property that has been foreclosed upon and are owned by the foreclosing entity, or are the subject of foreclosure actions or proceedings. SECTION 2. The St. Petersburg City Code is hereby amended by adding new sections, Chapter 8, Division 2, Subdivision III, Sections thru 8-148, to read as follows: Chapter 8 Division 2 Subdivision III SECTION DEFINITIONS. For the purpose of this Subdivision, the following definitions shall apply unless the context clearly indicates and requires a different meanmg.

2 48-H Page 2 "Days" means calendar days. "Foreclosure" means the legal process by which a parcel, tract, lot or other defined area of property, placed as security for a real estate loan, is prepared for sale by the mortgagee to satisfy the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and actions, by whatever name, associated with this process. "Local" means within the boundaries of the City of St. Petersburg, Florida. "Local Agent" means the agent designated by the mortgagee upon registration as required under this Subdivision. "Mortgagee" means the creditor, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this Subdivision only, the term mortgagee does not apply to governmental entities, second mortgage holders (unless the first mortgage has been satisfied), or other persons or entities with an inferior lien position to a first mortgage. "Owner" means every person, entity, or service company, who alone or severally with others: 1) has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, Dr parcel of land, vacant or otherwise, iucluding, but not limited to, a mobile home park; or 2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title; or 3) is a mortgagee in possession of any such property, or is a mortgagee with actual control of access to the property by any means including, but not limited to, changing locks or putting on a lock box; or 4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property. "Property(ies) In Foreclosure" means any property in the City that is the subject of a foreclosure action or proceeding by the first mortgage holder, is the subject of a foreclosure sale where the title was obtained by the mortgagee involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or otherwise to the mortgagee.

3 48-H Page 3 "Property" means any real property, or portion thereof, located in the City, including buildings or structures situated on the property. For purposes of this Subdivision only, property does not include property owned or subject to the control of the City or any of other governmental bodies, and does not include individual units in condominium ownership in accordance with Chapter 718 of the Florida Statutes, or other individual units in commoninterest communities where all exterior elements and common areas are jointly owned and maintenance is the joint responsibility of a community association. SECTION REGISTRATION OF PROPERTIES IN FORECLOSURE; DUTY TO PROVIDE WRITTEN NOTICE OF PROPERTIES IN FORECLOSURE. (a) Within ten (10) days of the filing of a lis pendens and/or an action to foreclose upon a mortgage or similar instrument regardless of occupancy, or within ten (10) days after the mortgagee has notified the borrower of default and the mortgagee finds evidence that the property is vacant, the mortgagee shall register with the POD, on forms provided by the POD, all properties in foreclosure. For property for which a lis pendens is pending and/or an action to foreclose upon a mortgage or similar instrument is pending which had been instituted prior to the effective date of this Subdivision (November I, 2012), and which has not yet been registered pursuant to this Subdivision, the foreclosing mortgagee shall register such property within sixty (60) days of the effective date. All registrations shall state the property address; the owner's name, mailing address, and telephone number; the foreclosing mortgagee's name, mailing address, and telephone number; and the local agent's name, mailing address, telephone number and address. If the mailing address is a post office box, a physical address shall also be provided. If at any time during the pendency of the foreclosure action. the owner vacates the property. or the property is not occupied by the owner at the time of commencement of the foreclosure action, the foreclosing mortgagee shau designate a local individual or local property management company as the local agent responsible for the security and maintenance of the property. In the event a local agent is required, the registration shall also certify that the property was inspected by the local agent. (b) All property registrations are valid for one (1) calendar year. An annual registration fee established by the City Council by adoption of a resolution, shall accompany each registration form. Subsequent annual registrations and fees are due within thirty (30) days of the expiration of the previous registration. (c) Once the property is no longer in foreclosure or is sold to a person or entity other than the mortgagee or the mortgagee's investor (this entity would be an entity which had some financial interest in the original mortgage and to which a property is transferred as a result of the foreclosure, eg Fannie Mae, Freddie Mac), the mortgagee shall provide proof of sale or written notice of termination of the foreclosure proceedings to the POD on forms provided by the POD. (d) Any mortgagee that has registered a property under this Subdivision shall report any change of information contained in the registration within ten (10) days of the change. There is no fee for modifications to registrations.

4 48-l-1 Page 4 (e) The City may contract with an entity to implement this Subdivision III, and, if so, any reference to the POD herein shall include the entity the City contracts with for that purpose. SECTION MAINTENANCE AND SECURITY REQUIREMENTS. (a) All owners are responsible for maintaining their properties in foreclosure in accordance with the provisions of this Subdivision and all other applicable City codes and ordinances. (b). All owners are responsible for maintaining their properties in foreclosure in a secure manner so as not to be accessible to unauthorized persons. (c) 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 any structure. Broken windows shall be secured by reglazing or replacing of the window any excavations, swimming pools or other attractive nuisances shall be secured or eliminated. All securing activities shall be accomplished as required and in compliance with the Florida Building Codes and local ordinances, including but not limited to required permitting and inspections. (d) If the owner of the property in foreclosure is not living in the property, the property shall be posted with the name and twenty-four (24) hour contact telephone number of the mortgagee's local agent. The posting shall be clearly visible from the street. The posting shall contain the following language: THIS PROPERTY IS MANAGED BY: TO REPORT ANY PROBLEMS OR CONCERNS CALL: (e) Compliance with this Subdivision does not relieve the owner of any applicable obligations set forth elsewhere in the City Code or within any covenants, conditions and restrictions and/or homeowner's association rules and regulations. SECTION SUNSET AND REVIEW. Eighteen months after the effective date of this Ordinance, City Council shall initiate a review of the impacts of this Subdivision III. This Subdivision III shall terminate and be of no further force and effect as of the second (2nd) anniversary of the effective date of this Ordinance unless extended by ordinance and, if not extended, shall automatically be removed from the City Code by the codifier. SECTION 3. Severability.

5 48-H Page 5 If any section, phrase, sentence, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such section, phrase, sentence, or portion shall be deemed to be a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. Effective Date. In the event this Ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon the expiration of the 15th business day after adoption. In the event this Ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto. First reading conducted on the 6th day of September, failed/tabled. Second reading was held on the 20th day of September, 2012 where ordinance Ordinance was reconsidered on October 4, 2012 and scheduled for Executive Action on November 1, Adopted by St. Petersburg City Council during Executive Session as amended on the 1st, day of November, '\ Y ; t { _,.r;.{ :f_, L-t./} :--..l,.x l_ ::c. Leslie Curran Chair-Councilmember Presiding Officer of the City Council Title Published: Times 1-t 1017/2012 Not vetoed. Effective date Thursday, October 25, 2012 at 5:00p.m.

6 NO A RESOLUTION PROVIDING THAT THE ANNUAL REGISTRATION FEE FOR REGISTRATION OF PROPERTIES IN FORECLOSURE IN ACCORDANCE WITH ORDINANCE 48-H SHALL BE $125.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council has enacted Ordinance 48-H providing for registration by mortgagees of properties in foreclosure; and WHEREAS, Ordinance 48-H provides, inter alia, that all property registrations are valid for one (1) calendar year and that an annual registration fee established by the City Council by adoption of a resolution, shall accompany each registration form; and WHEREAS, City Council has determined that an annual registration fee in the amount of $ is appropriate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Petersburg, Florida that the annual registration fee for registration of properties in foreclosure in accordance with Ordinance 48-H shall be$ This resolution shall become effective immediately upon its adoption. Adopted at a regular session of the City Council held on the 1st day of November Leslie Curran Chair-Councilmember Presiding Officer of the City Council ATTEST/ Eva AndujafCitYCkf

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