HomeMy WebLinkAbout2017-15-379 - Registration of Abandoned PropertiesORDINANCE NO. 2017-15-379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 28-301 OF
THE CODE OF ORDINANCES (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 this Program was to compile a list of homes that are
vacant and/or abandoned throughout the City, and
WHEREAS, the proposed amendments to the Ordinance will strengthen and
update the Ordinance,
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: Section 28-301 of the Code of Ordinances is
amended as follows:
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.
(2) Definitions. As used herein, the following terms shall have the following
meanings:
Ordinance No. 2017-15-379 Page 1
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, pending tax assessors lien sale and/or vacant 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 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.
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 or dead vegetation; potential for collapsing, falling or
burning; disconnected electricity, water, or other utilities; stagnant swimming pool,
accumulation of abandoned real personal property, as defined herein, statements by
neighbors, passers-by, delivery agents or government agents, among other evidence that
the property is vacant.
Foreclosure 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.
Mortgagee and mortaaae 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 governmental entities the United States
Department of Housing & Urban Development (HUD) or the United States Department of
Veteran's Affairs (V.A.V
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, executrix, administrator,
trustee, or guardian of the estate of the holder of legal title; or
(o) Is a mortgagee in possession of any such property; or
{4)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.
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 commercial property or property owned or subject to the control
of the city or any other governmental bodies Countv or State of Florida.
Property management company means a property manager, property maintenance
company or similar entity or individual responsible for the maintenance of abandoned real
property.
Registration date is the date of the event that reauired the reaistration of a propertv.
Renewal date is 12 months from the date of the event that reauired registration of the
propertv.
Ordinance No. 2017-15-379 Page 2
Vacant means any building/structure that is not legally occupied.
(3) 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.
(4) 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 that is the security for the mortgage, and If the
property is found to be vacant or shows evidence of vacancy, it shall be deemed
abandoned real 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 vaeant-property reoardless 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 it is deemed abandoned, and the mortgagee shall,
within ten days of that inspection, register 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. a facsimile number
and email address for property owner(s) or mortgagee and mortgage servicer. and the
name and twenty-four-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 citv or the city's designee
(4) 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
Ordinance No. 2017-15-379 Page 3
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 monthlv for
compliance with property maintenance standards previouslv cited.
(5) Registration fee. The city council shall establish the registration fee and late fee
by separate resolution. 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.
(6) 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.
(7) 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.
Ordinance No. 2017-15-379 Page 4
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 8^'' DAY OF NOVEMBER, 2017.
PASSED ON SECOND READING ON THE 13'^ DAY OF DECEMBER. 2017.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING H^LD ON THE 13"^" DAY OF DECEMBER,
2017.
OLIVER GILBERT, III, MAYOR
ATTEST:
A.
RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: MAYOR OLIVER GILBERT, III
Moved by: KAguor Gr\\bgt^
Second by:£annEM5a:mVlS
VOTE: 1^0
Mayor Oliver Gilbert, III !:^(Yes) (No)
Vice Mayor Erhabor Ighodaro, Ph.D. V" (Yes) (No)
Councilwoman Lisa C. Davis / (Yes) (No)
Councilman Rodney Harris / (Yes) (No)
Councilwoman Lillie Q. Odom / (Yes) (No)
Councilwoman Felicia Robinson (Yes) (No)
Councilman David Williams Jr ^(Yes) (No)
Ordinance No. 2017-15-379 Page 5
18605 N W 27th Avenue, Suite 165
Miami Gardens, Florida 33056
AGENDA ITEM I-2
REGISTRATION OF ABANDONED PROPERTIES
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
December 13, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Sponsor Name
Mayor Oliver
Gilbert, III Department: Mayor and Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING SECTION 28-301 OF THE CODE OF
ORDINANCES “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
Staff Summary:
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. The purpose of this Program was to compile a list of homes that are vacant and/or
abandoned throughout the City. The City Manager is recommending that we use a third party vendor to
assist the City with enforcement and collections of fees for these registrations. The proposed
amendments to the Ordinance will strengthen and update the Ordinance.
Proposed Action:
That the City Council adopt the Ordinance.
Attachments