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Home My WebLink About13-035ORDINANCE NO. 13-035 AN ORDINANCE AMENDING SECTION 1-9-19.5 OF THE ° ST. LUCIE COUNTY CODE OF ORDINANCES BY Z ~ o AMENDING SECTION 1-9-19.5(e) SUBSEQUENT ~ ~, REVIEW AND SUNSET PROVISION; PROVIDING FOR W SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE. ~ a o LL ~ ~ O "' WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Y W ~; Commissioners of St. Lucie County has the power to adopt ordinances necessary for o ~, ~ z ~, W the exercise of its powers and prescribe fines and penalties for the violation of ~ o o ~ n ordinances in accordance with law; and ~ _W LLI U ~ M '-~ WHEREAS, recent events in the housing market have led to a drastic rise in the ~ ~ ~ o number of foreclosed properties in unincorporated St. Lucie County, Florida; and o a J ~v~~Ox 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 Underlined passages are added. ' 1- 8treel~-H ..,1~ passages are deleted. 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 (I) 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 i-9, "Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Section 1-9-19.5. 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 3an;:~,~,~ 1, 2x13 Januarv 1. 2016 unless the Board takes action to extend. Nothing in this section sha11 prevent the Board from taking action sooner. (f) Remains the same Underlined passages are added. '2' 3irr~ek-:I ..,: 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 Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula Lewis AYE Commissioner Kim Johnson AYE Underlined passages are added. -3' ~h 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 thlS 2"d day Of July, 2013. A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: _ ~~ Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: l jissl. County Attorney Underlined passages are added. -4' ~treek-Nrrough passages nre deleted. !rr • YA- t Ff - �lUciE co�� www.stlucieclerk.com Mailing Address: P.O. Drawer 700 Fort Pierce, Florida 34954 FORT PIERCE Clerk Building 241 South Indian River Drive Fort Pierce, Florida 34950 (772) 462-6940 County Courthouse 218 South 2nd Street Fort Pierce, Florida 34950 (772) 462-6900 Juvenile Department 435 North 7th Street Fort Pierce, Florida 34950 (772) 462-6800 r Finance Department 2300 Virginia Avenue Annex Fort Pierce, Florida 34982 (772) 462--1476 to PORT ST. LUCIE S t . Lucie West Courthouse 250 N.W. Country Club Drive Port St. Lucie, Florida 34986 Small Claims (772) 785-5880 Traffic (772) 871-7208 JOSEPH E. SMITH CLEY"ENAOF THECIRCUITCOURT �_ �_.. _ �. ._ ST. LUCIE COUNTY, FLORIDA JUL 112013 Mailing Address Finance Department 2300 Virginia Ave. Ft. Pierce, Fla. 34982 July 11, 2013 Mrs, Liz Cloud, Chief Department of State Bureau of Administrative Code & Laws R.A. Gray Building 500 South Bronough Street Tallahassee, Fla. 32399-0250 Dear Mrs. Cloud: In accordance with standard procedures, I am enclosing the following certified ordinance for filing purposes: Ordinance No. 13-035 If there are any questions, please do not hesitate to contact me. Sincerely, Kelly Phelan Executive Recording Secretary St. Lucie County Clerk of Court Phelank@stlucieclerk.com I( tgart:I''‘\ 4,:it,:iii- \ ea^ e a ti.Y gy 1 It w 7V.Pi d FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 11, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Brittany Jones Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 13-035, which was filed in this office on December 8, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us