protect neighborhoods from becoming blighted due to the increased number of foreclosed

Transcription

1 ORDINANCE NO SEMINOLE COUNTY, FLORIDA AN ORDINANCE CREATING CHAPTER 95, ARTICLE III, OF THE SEMINOLE COUNTY CODE, REGISTRATION AND MAINTENANCE OF FORECLOSED PROPERTIES; PROVIDING A SHORT TITLE AND APPLICABILITY; PROVIDING PURPOSE AND SCOPE; PROVIDING DEFINITIONS; DECLARING UNMAINTAINED AND UNSECURED FORECLOSED PROPERTY TO BE A PUBLIC NUISANCE; PROVIDING FOR REGISTRATION OF FORECLOSED REAL PROPERTY; ESTABLISHING MAINTENANCE REQUIREMENT; ESTABLISHING SECURITY REQUIREMENTS; ESTABLISHING RESPONSIBILITY FOR COMPLIANCE; PROVIDING FOR FEES; PROVIDING FOR ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Seminole County Board of County Commissioners ( Board ) seeks to protect neighborhoods from becoming blighted due to the increased number of foreclosed 18 properties; and WHEREAS, many foreclosed properties are vacated or neglected prior to the conclusion 20 of the foreclosure process, and the lack of adequate maintenance causes the properties to be in violation of County Code requirements; and 22 WHEREAS, these code violations, which include, but are not limited to, open structures, overgrown grass, and unsecured swimming pools, pose a threat to children, make the property 24 more susceptible to vandalism, cause the property to become a breeding ground for insects such as mosquitoes, and affect neighborhood property values; and 26 WHEREAS, many properties are under the control or temporary ownership of out-of- area lenders who fail to adequately maintain and secure these foreclosed properties; and 28 WHEREAS, registering foreclosed properties increases the accountability of mortgage lenders and facilitates adherence to the County Code; and Page 1 of 11

2 30 WHEREAS, the Seminole County Home Rule Charter requires that an Economic Impact Statement be prepared to address the potential fiscal impacts and economic costs of this 32 Ordinance upon the public and taxpayers of Seminole County and such Economic Impact Statement has been prepared and has been made available for public review and copying prior to 34 the enactment of this Ordinance; and WHEREAS, the Board has determined that it is in the best interest of the citizens of 36 Seminole County to adopt this Ordinance setting forth a process by which foreclosed properties are registered with the County to mitigate the negative impacts of foreclosures and abandoned or 38 vacant property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 40 COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. Creation of Article III, Registration and Maintenance of Foreclosed 42 Properties, Chapter 95, Seminole County Code. There is hereby created Article III, within Chapter 95 of the Seminole County Code by adding the following language which shall read as 44 follows: ARTICLE III. REGISTRATION AND MAINTENANCE OF FORECLOSED 46 PROPERTIES. Sec Short Title and Applicability. This Article shall be known as the 48 Registration and Maintenance of Foreclosed Properties Program. This Article shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather an 50 additional remedy available to the County, above and beyond any other State, County, and/or local provision for same. Page 2 of 11

3 52 Sec Purpose and Scope. It is the purpose and intent of the Seminole County Board of County Commissioners to establish a process for the registration of abandoned real 54 property located within the unincorporated areas of Seminole County to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned 56 and vacated properties. Sec Definitions. The following words, terms, and phrases, when used in this 58 Article, shall have the meanings ascribed to them in this Section: Abandoned Real Property shall mean any property that is vacant or shows evidence of 60 vacancy, and: is under a current Notice of Default and/or Notice of Mortgagee s Sale by the lender; is the subject of a tax lien certificate sale; has been the subject of foreclosure sale where 62 the title was retained by the beneficiary of a mortgage involved in the foreclosure; and/or any properties transferred under a deed in lieu of foreclosure or sale, a short sale, or any other legal 64 means. Accessible Structure shall mean a property, structure, or building that is accessible 66 through an unsecured gate, fence, wall, door, window, etc. Default shall mean that the mortgagor has failed to meet an obligation under the terms of 68 the mortgage, thereby subjecting it to the foreclosure process. Evidence of Vacancy shall mean any condition that on its own, or combined with other 70 conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to: overgrown and/or dead vegetation; accumulation 72 of abandoned personal property; a stagnant swimming pool; disconnected electricity, water or other utilities; or statements by neighbors, passers-by, delivery agents or government agents, 74 along with other evidence that the property is vacant. Page 3 of 11

4 Foreclosed Real Property shall mean any property that is under a current Notice of Lis 76 Pendens for a foreclosure action or Notice of Mortgagee s Sale by the lender, or a pending Tax Assessor Lien Sale. Also included are properties that have been the subject of a foreclosure sale 78 when the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale. 80 Foreclosure shall mean the judicial process by which a property, placed as security for a real estate loan, is sold at a public sale to satisfy the debt upon a default by the borrower. 82 Inspection or Inspect shall mean a close viewing of the property and the exterior of any structure located thereon placed as security for a real estate loan, and includes viewing of any 84 interior portions of the structure that are visible from the outside of the structure. However, an inspection does not require an entry into any structure for the purposes of viewing the interior. 86 Local shall mean within twenty (20) driving miles of property in question. Mortgagee shall mean a creditor, including, but not limited to, service companies, lenders 88 in a mortgage agreement, and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee s rights, interests, or obligations under the mortgage 90 agreement. For the purposes of this Article, real estate brokers and agents, solely marketing and/or selling real property on behalf of a mortgagee, shall not be considered an agent, servant, 92 or employee of the mortgagee. Owner shall mean any person, persons, or entity: having legal or equitable title, or any 94 real or contingent ownership interests in any real property; being shown to be the property owner in the records of the Seminole County Property Appraiser s Office; being identified on the 96 foreclosed real property registration form pursuant to this Article; or being a mortgagee in Page 4 of 11

5 possession of real property. Any such person, persons, or entity shall have joint and several 98 obligations for compliance with the provisions of this Article. Property Management Company shall mean a property manager, property maintenance 100 company, owner or mortgagee representative, agent for the property, or similar person or entity responsible for the maintenance and security of foreclosed real property. 102 Vacant or Vacancy shall mean any building or structure that is not legally occupied or inhabited by human beings. 104 Sec Public Nuisance. All Abandoned Real Property, which is unmaintained or unsecured, is hereby declared to be a public nuisance, in accordance with Chapter 95, Seminole 106 County Code. Sec Registration of Foreclosed Real Property. 108 (a) Any Mortgagee who holds a mortgage on real property located within unincorporated Seminole County shall perform an Inspection of the property that is the security 110 of the mortgage upon Default of the mortgagor, at the time of the issuance of a Notice of Default. If the property is found to be Vacant or shows Evidence of Vacancy, it shall be deemed to be 112 Abandoned Real Property and the Mortgagee shall, within ten (10) days of the Inspection, register the property with the County or authorized agent on forms provided by the County. A 114 separate registration is required for each Abandoned Real Property. (b) If the property is occupied but remains in Default, it shall be Inspected by the 116 Mortgagee or the designee monthly and registered with the County or authorized agent until: (1) the mortgagor or other party remedies the Default; or (2) it is found to be Vacant and shows 118 Evidence of Vacancy at which time it is deemed Abandoned Real Property, and in such case, the Page 5 of 11

6 Mortgagee shall within ten (10) days of that Inspection, update the property registry with the 120 County or authorized agent. (c) Registration pursuant to this Article shall contain the name of the Mortgagee, the 122 direct mailing address of the Mortgagee, a direct contact name and telephone number of the Mortgagee, an address for the Mortgagee, and, in the case of a corporation, partnership, or 124 out-of-area Mortgagee, the contact information for the Local Property Management Company contact responsible for the maintenance and security of the property. The registrant shall certify 126 that the property has been Inspected within the preceding ten (10) days, and certify the Evidence of Vacancy and the condition of the property. 128 (d) Each registrant shall designate in writing a Local Property Management Company to Inspect, maintain, and secure the Abandoned Real Property subject to the mortgage in Default. 130 The Local Property Management Company shall be responsible to Inspect, service and maintain the property. The Local Property Management Company named in the registration shall be 132 available for contact by the County during regular business hours. (e) An annual registration fee, as established by Resolution of the Board Of County 134 Commissioners, shall accompany each registration form for each Abandoned Real Property. All registrations shall be valid for one (1) calendar year from date of issuance. Subsequent annual 136 registrations and fees are due on or before the expiration of the previous registration. Any part of the registration process may be performed for the County by an agent or independent contractor 138 pursuant to an agreement or contract. (f) The requirements of this Article shall also apply to all other Foreclosed Real 140 Properties in unincorporated Seminole County. Page 6 of 11

7 (g) Any person, persons, or entity that has registered a property under this Article 142 must report to the County any change to the required information contained in the registration form(s) within ten (10) days of the change. 144 (h) Any Mortgagee who holds a mortgage on Foreclosed Real Property located within the unincorporated County limits, which is in Default and the subject of an outstanding 146 Notice of Default as of January 1, 2015, shall perform an Inspection of the property by January , (i) Properties subject to this Section shall remain under the annual registration requirement, Inspection, security, and maintenance standards of this Article as long as they 150 remain Vacant or subject to having been declared by a Mortgagee to be in Default. Once the property is sold or the Lis Pendens and foreclosure action is terminated, the Mortgagee must 152 provide proof of sale or termination of the legal proceedings to the County or its authorized agent. The registration and the Mortgagee s continuing obligations under this Article will then 154 terminate. Sec Maintenance Requirements. 156 (a) Properties subject to the provisions of this Article shall comply with the provisions of Section 95.4, and shall be kept free of: uncultivated vegetation; overgrown brush; 158 dead vegetation; trash; junk; debris; building materials; any accumulation of newspapers, circulars, flyers, notices, printed materials except those required by federal, state, or local law; 160 discarded personal items including, but not limited to, furniture, clothing, large and small appliances; or any other items that give the appearance that the property is abandoned. Page 7 of 11

8 162 (b) The exterior of 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 164 exterior structure. (c) Front, side, and rear yard landscaping shall be maintained in accordance with the 166 County s regulations and standards at the time registration was required. Landscaping shall include, but is not limited to: grass; ground cover; bushes; shrubs; hedges or similar plantings; 168 decorative rock or bark; or artificial turf/sod. Maintenance shall include, but is not limited to: watering; cutting and mowing of landscape; and removal of yard waste. 170 (d) Pools and spas shall be maintained in working order so that the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements 172 of the County Code and Florida Building Code, as amended from time to time. (e) Failure of the Mortgagee or Owner to properly maintain the property is a violation 174 of the County Code and is subject to enforcement by any means available to the County, including issuance of a citation or notice of violation/notice of hearing by a Code Enforcement 176 Officer. Pursuant to a finding by the Code Enforcement Board or Code Enforcement Special Magistrate, the County may take the necessary abatement action to ensure compliance with the 178 Article. Sec Security Requirements. 180 (a) Properties subject to the provisions of this Article shall be maintained in a secure manner so as to not be accessible to unauthorized persons. 182 (b) A secure manner shall include, but not be limited to: the closure and locking of windows, doors, gates, and any other openings of such size that may allow a child to access the 184 interior of the property and/or structure. Broken windows shall be secured by replacement, re- Page 8 of 11

9 glazing, or temporary boarding of the windows so as to meet all applicable laws, codes, and 186 regulations. (c) A Local Property Management Company shall be designated by the Mortgagee 188 for all Foreclosed Real Property to perform the work necessary to bring the property into compliance with this Article. 190 (d) The Owner or the Local Property Management Company shall periodically Inspect the property, at least on a monthly basis, to ensure that the property is in compliance with 192 this Article. Upon the request of the County, the Local Property Management Company shall provide a copy of the Inspection report to the Code Enforcement Division. 194 Sec Additional Authority. The Director of the Development Services Department, or designee, shall have authority to require the Mortgagee and/or Owner of any 196 property affected by this Article to implement additional maintenance and/or security measures as may be reasonably required to help prevent further decline of the property. 198 Sec Responsibility for Compliance. The Owner and Mortgagee of the Foreclosed Real Property shall have joint and several obligations for compliance with the 200 provisions of this Article. The responsibility of the Mortgagee shall remain until such time as the subject real property is sold or transferred to a new Owner, or the foreclosure action described 202 herein is dismissed. Sec Immunity of Code Enforcement Officer. Any Code Enforcement Officer 204 shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this Article. 206 Sec Fees. The Board of County Commissioners may, from time to time, establish by Resolution such fee schedules as said Board shall deem equitable and necessary to Page 9 of 11

10 208 effectuate the intent and policy of this Article; provided, however, that said fee schedule shall bear a reasonable relationship to the services provided or costs actually incurred in the 210 administration of this Article. Sec Adoption of Rules and Regulations. The County Manager, or designee, is 212 authorized and empowered to adopt rules and regulations as may be reasonably necessary and available to carry out the terms of this Article. 214 Sec Enforcement and Penalties. Violations of this Ordinance may be cited, reported and considered by the Code Enforcement Board or the Code Enforcement Special 216 Magistrate pursuant to the provisions of Chapter 53 and Chapter 95 of the Seminole County Code, or as otherwise provided by law. Each violation hereunder shall be deemed a separate 218 offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Violations of this Ordinance shall be classified as a Class II 220 violation with a civil penalty of $ per violation per day for the first five (5) days and a Class III violation with a civil penalty of $ per day thereafter, pursuant to Section 53.31, 222 Seminole County Code, or as amended. Secs Reserved. 224 Section 2. Codification. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Seminole County Code and the 226 word ordinance may be changed to section, Article, or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; 228 providing, however, that Sections 2, 3, 4, and 5 shall not be codified. Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this 230 Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity Page 10 of 11

11 of the remaining portions of this Ordinance which can be given effect without the invalid provision 232 or application, and to this end the provisions of this Ordinance are declared severable. Section 4. Ordinances in Conflict. All ordinances or resolutions or parts thereof that may 234 be determined to be in conflict herewith are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon filing a copy of this 236 Ordinance with the Department of State by the Clerk to the Board of County Commissioners. BE IT ORDAINED by the Board of County Commissioners of Seminole County, this day of, ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida BRENDA CAREY, Chairman OSdF/sjs/MCC 11/26/14 P:\CAO Protected\Misc\Master Docs\SJS Ordinances\2014\ Nov26(14) final3.docx Page 11 of 11