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2017-15-379 - 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