HomeMy WebLinkAbout10-011JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3489808 07!01/2010 at 09:16 AM
OR BOOK 3209 PAGE 1045 - 1052 Doc Type: ORDN
RECORDING: $69.50
ORDINANCE N0. 10-011
Formerly No. 09-033
AN ORDINANCE ESTABLISHING WITHIN THE UNINCORPORATED
AREAS OF ST. LUCIE COUNTY AN ABANDONED REAL PROPERTY
REGISTRATION SYSTEM; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING REGISTRATION OF
ABANDONED PROPERTIES; PROVIDING STANDARDS FOR
MAINTENANCE OF ABANDONED PROPERTIES; PROVIDING FOR
INSPECTIONS; PROVIDING FOR EXEMPTIONS AND WAIVER;
PROVIDING FOR ENFORCEMENTAND PENALTIES; PROVIDING FOR
THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 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, leavingthe properties unoccupied for extended periods oftime awaitingforeclosure 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 otherviolations, 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 difficultto notifythe
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
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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.
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.
WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public
safety, security, and quiet enjoyment ofoccupants, 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.
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:
Sec. 1-9-16. Definitions
ABANDONED PROPERTY means wrecked or derelict property having no value other than
nominal salvage value, if any, which has been left abandoned and unprotected from the elements
and is visible from the adjacent property and/or public right-of-way adjacent to the property on
which the article is located, and shall include wrecked, inoperative, or partially dismantled motor
vehicles, trailers, boats, machinery, white goods, building materials, refrigerators, washing
machines, plumbing fixtures, furniture, and any similar article which has no value other than
nominal salvage value, if any. The presence of a current license plate on a motor vehicle shall raise
a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a
current registration decal on a boat shall raise a rebuttable presumption that the boat is not
abandoned property. For the purpose of this Section, a motor vehicle, boat or trailer shall be
deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not
stored in an enclosed building, or at an authorized junk or auto wrecking yard. Evidence of
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removed or flat tires; partial or complete dismantling motor vehicle, boat or trailer in other than
an upright or operable manner; or lack of a current license plate or current registration decal shall
raise a rebuttable presumption that the motor vehicle, boat or trailer is abandoned property.
ABANDONED REAL PROPERTYmeans any real property in unincorporated St. Lucie County
that is vacant and is under a current Notice of Default and is the subject of a foreclosure action or
proceeding is the subject of a foreclosure sale where the title was retained by the mortgagee
involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or sale
to the mortgagee.
DEBRIS means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any
other natural, manufactured or vegetative matter.
ENFORCEMENT OFFICER means Sheriff, code enforcement officer or any other officer
designated by resolution of the Board of County Commissioners to enforce the provisions of this
Section.
FORECLOSURE means the legal process by which a parcel, tract, lot or other defined area
of real property. placed as security for a real estate loan, is prepared for sale by the
lender/mortgagee to satisfy the debt if the borrower/mortgagor defaults. This definition shall
include all processes, activities and actions, by whatever name, associated with the described
process.
GARBAGE means any waste part of food or other discarded animal or vegetable matter
subject to bacterial decay.
JUNK means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or
other objects manufactured from either organic or inorganic materials.
LOCAL means within the boundaries of St. Lucie County, Florida.
LOCAL AGENT means an agent, located in St. Lucie County. designated by the mortgagee
upon registration as required under this Section.
MORTGAGEE meansthe 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
a>reement. For purposes of this Section only, the term Mortgagee does not apply to
overnmental entities.
OWNER means every person, entity, or service company, who alone or severally with
others:
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~ has leeal or equitable title to any dwelline, dwelling unit, mobile dwelline
unit, buildine, structure, or parcel of land, vacant or otherwise, including a mobile home park: or
~ has care, charee or control of any dwelling, dwelline unit, mobile dwelline
unit, buildine, structure or parcel of land, vacant or otherwise, includine a mobile home park, in
any capacity includine but not limited to agent, executor, executrix, administrator, administratix,
trustee or guardian of the estate of the holder of legal title; or
is a morteaeee in possession of any such dwelline. dwelline unit, mobile
dwelline unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home
ap rk: or
is an agent, trustee or other person appointed bythe courts and vested with
possession or control of any such dwelline, dwelline unit, mobile dwelline unit, buildine, structure,
or parcel of land, vacant or otherwise, including a mobile home park: or
~ is a person who operates a rooming house.
PERSON means any individual firm, business, partnership, corporation, or unincorporated
association.
TRASH means broken parts of trees, prunings, clippings, or other pieces or fragments of
vegetative matter.
VACANT means any buildine structure or dwelling, dwelline unit, mobile dwelling unit,
buildine, structure, or parcel of land, vacant or otherwise, including a mobile home parkthat is not
leeally occupied for more than fifteen (15) days.
Section 1-9-19.5. Registration of Abandoned Real Properties
la1 Duty to Provide Written Notice of Abandoned Real Propertx
1. Upon the filine of a lis pendens and/or any action to foreclose upon a
morteaee or similar instrument, all mortgagees must register with the St. Lucie County Code
Enforcement Division, on forms provided by the Division or, when available, electronically all
abandoned real property within ten (101 calendar days after the mortgagee determines the real
property is abandoned. The mortgagee must desienate and retain a local individual or local
property manaeement company as the local aeent responsible for the security and maintenance
of the real property. All reeistrations must state the property address: the owner's name, mailine
address and telephone number; the morteaeee's name, mailine address, and telephone number
and the local aeent's name, mailine address, telephone number and a-mail address. Mailine
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addresses may not be a post office box. This registration must also certify that the real property
was inspected and is abandoned real property.
All real property registrations are valid for one (1) calendar year. An annual
reeistration fee of one hundred dollars ($100.00) for residential real property and one hundred fifty
($150.00) for multifamily residential real property or commercial, or such other amount established
by the Board of County Commissioners of St. Lucie County by adoption of a resolution, shall
accompany each registration form. Subsequent annual registrations and fees are due fifteen (15)
days before the expiration of the previous registration.
3. Once the real property is no longer abandoned real property or is sold, the
mortgagee must provide proof of sale or written notice and proof of occupancy to the St. Lucie
County Code Enforcement Division.
4. Any mortgagee that has registered real property under this Section must report, in
writing, any change of information contained in the registration within ten (10) calendar days of
the change. The County will not charge an additional fee for modifications to registrations.
ll Maintenance Requirements
1. All owners are responsible for maintaining their abandoned real properties in
accordance with the provisions of this Section and all other applicable St. Lucie County codes and
ordinances.
2. All owners are responsible to secure their abandoned real property upon a
declaration of a state of emergency. This shall include, but not be limited to, installing storm
shutters or 5/8" marine plywood on all exterior windows and/or openings.
3. If the owner of the real property is a company and/or mortgagee, the owner shall
contract with the owner's local agent to perform monthly inspections on the real property, as
required by Section (d)(1) of this Section, to verify compliance with the reauirements of this
Section, and any other applicable laws, for the duration of the abandonment.
4. Properties subject to this Section must be maintained in accordance with the
relevant sanitary codes, building codes, and local regulations concerning external and/or visible
maintenance.
5. Adherence to this Section does not relieve the owner of any applicable obligations
set forth elsewhere in the St. Lucie County Code of Ordinances or within any covenants, conditions
and restrictions and/or homeowner's association rules and regulations.
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jcZ Security Requirements
1. All owners are responsible for maintainine their abandoned real properties in a
secure manner so as not to be accessible to unauthorized persons.
2. A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, Bates, fencing and other openings. Broken windows shall be secured by reelazin~
or replacing of the window.
3. Anyexcavations,swimmingpoolsorotherattractivenuisancesmustbefilledinwith
dirt or properly closed in a secure manner.
4. If the owner of the real property is a company and/or mortea~ee, the real property
shall be posted with the name and twenty-four (24) hour contact telephone number of the owner's
local agent. The posting shall be no less than 18" x 24",and shall be clearly visible from the street
but not readily accessible to vandals. The posting shall contain the followine laneuage:
THIS PROPERTY IS MANAGED BY:
TO REPORT ANY PROBLEMS OR CONCERNS CALL:
j~ Inspections
1. The owner's local agent shall inspect the real property on a monthly basis to ensure
that the property is in compliance with this Section.
2. The owner's local agent shallinspecttherealpropertysubsequenttothedeclaration
of state of emergency to ensure that the property is secured and in compliance with this section.
3. The owner's local agent shall maintain written proofof the monthly inspections and
provide same to the St. Lucie County Code Enforcement Division upon reauest.
4. The St. Lucie County Code Enforcement Division shall have the authority to inspect
real properties subject to this Section for compliance and to issue notices for any violations. The
St. Lucie County Code Enforcement Division shall have the discretion to determine when and how
such_inspectionsare to bemade, provided that its policies are reasonable calculated to ensure that
this Section is enforced.
~ Subseauent Review and Sunset Provision
Pursuanttothisordinance,thisabandoned real propertyre~istration system is beine
added for the health, safety and welfare of the citizens of St. Lucie County during difficult economic
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times in St Lucie County This ordinance shall be repealed on January 1, 2013 unless the Board
takes action to extend. Nothing in this section shall prevent the Board from taking action sooner.
~f] Enforcement and Penalties
1. The County may enforce the provisions of this Section by any means available to the
County under the St. Lucie County Code of Ordinances or as may be available under State law,
including but not limited to Chapter 1-2 Section III Code Enforcement Board and Chapter 162,
Florida Statutes.
2. The penalties violation of this Section shall be asset forth in the code enforcement
method asserted by the County under the St. Lucie County Code of Ordinances or as may be
available under State law including but not limited to, Chapter 1-2, Section III, Code Enforcement
Board Chapter 162, Florida Statutes and Section 125.69, Florida Statutes.
3. Each day a violation continues shall be considered a separate offense.
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. Ifthis
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.
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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 Charles Grande Aye
Vice Chairman Doug Coward Aye
Commissioner Chris Craft Aye
Commissioner Chris Dzadovsky Aye
Commissioner Paul Lewis Aye
PART H. CODIFICATION.
Provisions ofthis ordinance shall be incorporated in the St. Lucie County Land Development
Code, and the word ordinance may be changed to section, article, or other appropriate word, and
the sections ofthis ordinance may be renumbered or relettered to accomplish s~ac# Intention;,
.~
provided, however, that parts C through H shall not be codified.
PASSED AND DULY ADOPTED this 15t" day of June, 2010.
BOARD OF COUNTY COM ISS6,ONERS-
ATTEST: ST. LUCIE CC,~UNT~ LOR A
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY: j
"~~~` County Attorney
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CHARLIE CRIST
Governor
June 29, 2010
Honorable 3oseph E. Smith
Clerk of the Circuit Court
St. Lucie County
Post Office Drawer 700
Fort Pierce, Florida 34954
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 24, 2010 and certified copies of St. Lucie County Ordinance Nos. 10-O1 l and 10-021,
which were filed in this office on June 28, 2010.
Sincerely,
~ U~.
Liz Cloud
Program Administrator
LC/srd
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