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Home My WebLink About16-002ORDINANCE NO. 16-002 AN ORDINANCE AMENDING SECTION 38-27 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING SECTION 38-27(E) "SUBSEQUENT REVIEW AND SUNSET PROVISION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, recent events in the housing market have led to a drastic rise in the number of foreclosed properties in unincorporated St. Lucie County, Florida; and WHEREAS, many of these properties are vacated prior to the conclusion of the foreclosure process, leaving the properties unoccupied for extended periods of time awaiting foreclosure sale, often creating an unattractive public nuisance; and WHEREAS, many of these vacant and abandoned properties are in violation of multiple aspects of state law and local ordinances, including, among other violations, open structures, yards full of junk, trash and debris, unlocked houses, overgrown grass and bushes, and unsecured swimming pools that are not only a threat to children but become breeding grounds for infectious insects such as mosquitos; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that mortgagees have an interest in maintaining vacant and abandoned real property subject to the terms of each mortgage; and WHEREAS, these mortgagees are often located out of state, making it difficult to notify the mortgagees of violations of the codes and ordinances of unincorporated St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County desires to protect the public health, safety and welfare of the citizens of St. Lucie County and maintain a high quality of life for the citizens of St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that the registration of vacant and abandoned real properties that have been foreclosed upon or are the subject of foreclosure actions will protect against the devaluation caused by vacant and abandoned properties, and is in the best interest of the public health, safety and welfare; and JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4160472 02/17/2016 at 08:17 AM OR BOOK 3837 PAGE 1014 - 1017 Doc Type: ORDN RECORDING: $35.50 WHEREAS, the Board of County Commissioners of St. Lucie County finds that abandoned real property is unsightly, unsafe and has a negative impact on the community. The Board of County Commissioners of St. Lucie County hereby declares that all abandoned real property in unincorporated St. Lucie County that has been foreclosed upon or is the subject of foreclosure actions or proceedings is a public nuisance, the abatement of which, pursuant to the County's police power, is hereby declared to be necessary for the health, safety and welfare of the citizens of St. Lucie County; and WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (1) identifying the vacant properties, (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings, to prevent blighted and unsecured residences; and WHEREAS, the Board of County Commissioners would like to extend the effective date of the ordinance to January 1, 2016. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Part A. Section II. Abandoned Property, Garbage, Trash, Junk and Debris, of Chapter 1- 9, "Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Section 38-27 Registration of Abandoned Real Properties (a) through (d) remain the same (e) Subsequent Review and Sunset Provision Pursuant to this ordinance, this abandoned real property registration system is being added for the health, safety and welfare of the citizens of St. Lucie County during difficult economic times in St. Lucie County., This ordinance shall be repealed on januffy 1,' January 1, 2019 unless the Board takes action to extend. Nothing in this section shall prevent the Board from taking action sooner. (f) Remains the same -2- Underlined passages are added. 6�ruelt Areugk passages are deleted. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. Part E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Kim Johnson AYE Vice Chairman Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE -3- Underlined passages are added. passages are deleted. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through F shall not be codified. PASSED AND DULY ADOPTED this 9TI day of February, 2016. ATTEST: Deputy Clerk BOARD OF CO ST. LUCIE 0 BY: M— L�VChailrrn APPROVE CORRECTNE S BY: County FIM TO FORM AND ONERS Underlined passages are added. &tF0ek4hP*uqh passages are deleted. i s` a' FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor February 16, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEN DETZNER Secretary of State FEB 17 20116 CC) UNTYA1 Only EY Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 16-002, which was filed in this office on February 16, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronou h Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us