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HomeMy WebLinkAbout2023-005-461_-_Registration_of_Abandoned_-_Adopted.docxORDINANCE NO. 2023-005-461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 28, ARTICLE VI, SECTION 28-301 OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES ENTITLED “REGISTRATION OF ABANDONED PROPERTIES”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City previously enacted Section 28-301 of the Code of Ordinances, whereby Mortgage Companies are required to register with the City of Miami Gardens when a property is vacant/abandoned or goes into foreclosure, and WHEREAS, the purpose of Section 28-301 of the Code of Ordinances is to provide a mechanism whereby the City and its residents are made aware of vacant and abandoned properties within their respective neighborhoods, and WHEREAS, the proposed amendments to the Ordinance will allow the City to, more efficiently, collect on outstanding outstanding debts from owners of properties subject to foreclosure actions, or foreclosed on, and vacant properties, and WHEREAS, the City Attorney and City Manager recommend that the City Council adopt the attached Ordinance amending Chapter 28, Article VI, Section 28-301 of the City of Miami Gardens Code of Ordinances entitled “Registration of abandoned properties”, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens, Florida, is hereby amended by revising Chapter 28, Article VI, Section 28-301 entitled “Registration of Abandoned Properties” : Sec. 28-301. Registration of abandoned properties. (1) Purpose. The purpose of this section is to provide a mechanism whereby the city and its residents are made aware of abandoned properties within their respective neighborhoods, so that they can be mindful of and report suspicious behavior that can occur around these properties to establish a process to address the deterioration, crime, and decline in value of the City neighborhoods caused by property with foreclosing or foreclosed mortgages and abandoned properties located DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 2 of 8 Ordinance No. 2023-005-461 within the City, and to identify, regulate, limit and reduce the number of these properties located within the City. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contribute to blight, declined property values, and have a negative impact on social perception of the residential areas where they are located. Therefore, the further purpose of this section is to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in foreclosure, foreclosed, or vacant. (2) Definitions. As used herein, the following terms shall have the following meanings: the City of Miami Gardens or its contractor. Code enforcement officer or inspector means any authorized agent or employee of the city whose duty it is to assure code compliance. Default shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage or deed of trust. Evidence of vacancy means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant and it is ultimately determined that the property is vacant. Such conditions may include, but not be limited to, overgrown Abandoned real property means any property that is vacant or shows evidence of vacancy or is subject to a mortgage under a current notice of default and/or notice of mortgagee's sale, and/or properties that have been the subject of a foreclosure sale where 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. City means or dead vegetation; potential for collapsing, falling or burning; disconnected electricity, water, or other utilities; stagnant swimming pool, accumulation of abandoned personal property, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant. Foreclosure or Foreclosure action means 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. A Foreclosure or Foreclosure Action is deemed commenced upon a Mortgagee’s filing of a Notice of Lis Pendens or similar evidence of Default. Mortgagee and mortgage servicer 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 article only, the term mortgagee does not apply to the United States Department of Housing and Urban Development (HUD) or the United States Department of Veteran's Affairs (V.A.). Owner means every person, entity, or service company, who alone or severally with others: (a) Has the legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (b) 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, DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 3 of 8 Ordinance No. 2023-005-461 executrix, administrator, trustee, or guardian of the estate of the holder of legal title; or (c) Is an agent, trustee, or other person appointed by the courts and vested with possession or control of any such property; or (d) Is a person who operates a rooming house. (e) The Property Manager shall not be considered the Owner. Property means any real property, or portion thereof, located in the city, including buildings or structures situated on the property. For the purposes of this article only, property does not include property owned or subject to the control of the city, county or State of Florida. Property Manager or Property management company means a property manager, property maintenance company or similar entity or individual responsible for the maintenance of abandoned real property. Real Property shall mean any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the City limits. For the purposes of this article only, real property does not include property owned or subject to the control of the city, county or State of Florida. Registrable Property shall mean: (a) Any Real Property located in the City, whether Vacant or occupied, that is (i) subject of a Foreclosure Action; (ii) has been the subject of a Foreclosure Action and a judgment has been entered but the property has not yet been sold; (iii) has been the subject of a Foreclosure sale and title was transferred to the Mortgagee or an affiliate entity of the Mortgagee; or (iv) transferred to the Mortgagee or an affiliated entity of the Mortgagee under a deed in lieu of Foreclosure or Foreclosure sale. The designation of a Real Property as a Registrable Property pursuant to this subsection shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm’s length transaction or the Foreclosure Action has been dismissed; or (b) Any property that is vacant for more than thirty (30). Registration date is the date of the event that required the registration of a property. Renewal date is 12 months from the date of the event that required registration of the property. Vacant means any building/structure that is not legally occupied any parcel of land in the City that contains any building or structure to be used as a residence or for commercial or industrial purposes that is not lawfully occupied or used for its accustomed and ordinary purpose, as evidenced by conditions set forth in the definition of “Evidence of Vacancy”. In the case of the use of residential property, “used for its accustomed and ordinary purpose” means as a place of abode. (3) Inspection and registration of real property under foreclosure. (a) Any Mortgagee who holds a mortgage on Real Property located within the City shall perform an inspection of the property upon Default by the mortgagor as evidenced by the filing of a Foreclosure Action, Lis Pendens, or Notice of Trustee’s Sale. Inspection means a careful examination of the property to DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 4 of 8 Ordinance No. 2023-005-461 determine occupancy and if it is in compliance with all applicable building, maintenance, and housing codes. (b) Property inspected pursuant to subsection (a) above that remains in Foreclosure shall be inspected every thirty (30) days by the Mortgagee or Mortgagee’s designee. If an inspection shows a change in the property’s occupancy status the Mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration. (c) Within ten (10) days of the date any Mortgagee files a Foreclosure Action, the Mortgagee shall register the Real Property with the city manager, or his/her designee, on forms provided by the city, and, at the time of registration, indicate whether the property is Vacant, and if so shall designate in writing a Property Manager to inspect, maintain, and secure the Real Property subject to the mortgage under a Foreclosure Action. A separate registration is required for each property under a Foreclosure Action, regardless of whether it is occupied or vacant. (d) Registration pursuant to this section shall contain the name of the mortgagee and the mortgage servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, a facsimile number and/or e-mail address for both parties, the folio or tax number, and the name and 24-hour contact telephone number of the property management company responsible for the security and maintenance of the property. (e) If the mortgage and/or servicing on a Registrable Property is sold or transferred, the new Mortgagee / Servicer is subject to all the terms of this Section. Within ten (10) days of the transfer, the new Mortgagee shall register the property, if not already registered, or update the existing registration. The previous Mortgagee(s) / Servicer(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during their involvement with the Registrable Property. (f) If the Mortgagee sells or transfers the Registrable Property in a non-arm’s length transaction to a related entity or person, the transferee is subject to all the terms of this Section. Within ten (10) days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the Mortgagee was at the time registration was required, including, but not limited to, unregistered periods during the Foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Mortgagee’s involvement with the Foreclosed Property. (g) This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the Mortgagee as well as any properties transferred to the Mortgagee under a deed in lieu of foreclosure or by any other legal means. (4) Inspection and registration of vacant real property (a) Any Owner of Vacant property, as defined in this section, located within the City shall within thirty (30) days after the property becomes Vacant, register the Real DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 5 of 8 Ordinance No. 2023-005-461 Property with the City. Structures that are vacant property at the time of the adoption of this ordinance must register within thirty (30) days of the date this ordinance takes effect. (b) Initial registration pursuant to this section shall contain at a minimum the name of the Owner, the mailing address of the Owner, e-mail address, and telephone number of the Owner, and if applicable, the name and telephone number of the Property Manager and said person’s address, e-mail address, and telephone number. (c) If the property is sold or transferred, the new Owner is subject to all the terms of this Section. Within ten (10) days of the transfer, the new Owner shall register the Vacant property, if not already registered, or update the existing registration. The previous Owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Owner’s involvement with the Vacant property. (5) Expiration of registrable status. Properties subject to this section shall remain subject to the provision of this section, and the inspection, security, and maintenance standards as long as the property remains a Registrable Property. (6) Public nuisance. All abandoned real property is hereby declared a public nuisance, the abatement of which pursuant to the city's police power is hereby declared necessary for the health, welfare and safety of the residents of the City of Miami Gardens. (7) Requirements; registration of abandoned real property. (a) Any property owner who owns vacant or abandoned real property located within the city, shall perform an inspection of the property, and within ten days of the inspection, shall register the property with the city manager, or his/her designee, on forms provided by the city. A registration is required for each vacant property. (b) Any mortgagee who holds a mortgage on real property located within the city shall, upon default by the mortgagor and prior to the issuance of a notice of default, perform an inspection of the property and the mortgagee shall, within ten days of the inspection, register the property with the city manager, or his/her designee, on forms provided by the city. A registration is required for each property regardless of whether it is vacant or occupied. (c) If the property is occupied but the mortgage on the property remains in default, the property 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 the mortgagee shall, within ten days of that inspection, update the property registration with the city manager, or his/her designee, on forms provided by the city. (d) Registration pursuant to this section shall contain the name of the property owner(s) or mortgagee and mortgage servicer, the direct mailing address of the property owner(s) or mortgagee and mortgage servicer, a direct contact name and telephone number of property owner(s) or mortgagee and mortgage servicer, and email address for property owner(s) or DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 6 of 8 Ordinance No. 2023-005-461 mortgagee and mortgage servicer, and the name and 24-hour contact phone number of the property management company responsible for the security and maintenance of the property. (e) 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 any properties transferred under a deed in lieu of foreclosure/sale. (f) Properties subject to this section shall remain under the annual registration requirement, and the security and maintenance standards of this section as long [as] they remain vacant, or in default, or bank owned. (g) Any person or corporation that has registered a property under this section must report any change of information contained in the registration in writing within ten days of the change to the city manager or his/her designee. (h) Once a property is no longer vacant, the owner or mortgagee must provide proof of sale or written notice and proof of occupancy to the city or the city's designee (6) Maintenance and security requirements. (a) Registration does not exonerate the property owner or mortgagee from compliance with all applicable codes and ordinances, including this section, nor does it preclude any of the actions the city is authorized to take pursuant to this section or elsewhere in the city's Code of Ordinances. (b) Properties subject to this section shall be maintained and secured in accordance with the city's property maintenance standards found in chapter 16, article III, building regulations, and chapter 28, article VI of the land development code. The owner of a vacant property shall take such steps and perform such acts as may be required of him/her from time to time to ensure that the vacant property and its adjoining yard remain safe and secure and do not present a hazard to the adjoining property or the public. Owners will be responsible for maintaining their properties so that they do not become an unoccupied hazard. Vacant abandoned properties shall be inspected monthly for compliance with property maintenance standards previously cited. (7) Registration Fees. The city council shall establish the registration fee and late fee by separate resolution. (a) If property subject to this section is not registered, or the registration fee is not paid within thirty (30) days of when the registration or renewal is required, a late fee shall be charged for every thirty-day period (30), or portion thereof, the property is not registered and shall be due and payable with the registration (b) A late fee shall be charged for any property not registered at least 30 days prior to the filing date of the lis pendins or public notice of foreclosure or within 30 days of the date for the renewal of abandoned properties. (8) Failure to properly register. 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 to the City. Failure of the Mortgagee and/or property Owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this ordinance is a violation of this DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 7 of 8 Ordinance No. 2023-005-461 Section and shall be subject to enforcement by any of the enforcement means available to the City. (9) Compliance. If any property is in violation of this Section the City may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance. (10) Additional authority. The city manager, or his/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 doors, windows, or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent decline of the property. Penalty; enforcement. This section shall be enforced in accordance with the city's code enforcement regulations, as outlined in chapter 8 of the Code of Ordinances, and property maintenance regulations, as outlined in chapter 16, article II and building regulations as outlined in chapter 28, article VI of the land development code. Any person found in violation of this section shall be punished by a fine not to exceed $500.00 per violation, or by imprisonment not to exceed 60 days, or both. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 25th DAY OF JANUARY 2023. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 22, 2023. ________________________________ RODNEY HARRIS, MAYOR DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820 Page 8 of 8 Ordinance No. 2023-005-461 ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER AND SONJA DICKENS, CITY ATTORNEY Moved by: Councilwoman Campbell Seconded by: Councilman Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Leon Yes Councilman Stephens, III Yes DocuSign Envelope ID: F1B9CDA8-A2D5-49B1-8C20-EA24B6E87820