HomeMy WebLinkAbout19-001JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4530689 OR BOOK 4232 PAGE 1088, Recorded 02/12/2019 04:23:18 PM
ORDINANCE NO. 19-001
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
Underfineo passages are added.
1
tpreegk passages are deleted.
abandoned properties, and is in the best interest of the public health, safety and welfare; and
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, 2022.
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 januaFy 1, 2 January
1, 2022 unless the Board takes action to extend. Nothing in this section shall prevent the Board
from taking action sooner.
(f) Remains the same
Underlined passages are added.
2
S4ue hFough 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:
Commissioner Linda Bartz, Chair
Commissioner Cathy Townsend, Vice Chair
Commissioner Chris Dzadovsky
Commissioner Sean Mitchell
Commissioner Frannie Hutchinson
Underlined passages are added.
V
AYE
AYE
AYE
AYE
AYE
Strwel( through passages are deleted.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA 1
DEPUTY CLER00 CHAIR
CO�J�� APPROVED AS TO FORM AND
�aJ 5CORRECTNESS:
a40m
f 00 COUNTY ATTORNEY
Gc�FcouNr Y' r.LO�`oP
Underlined passages are added. StFUGl( t49Ugh passages are deleted.
February 11, 2019
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. 19-001 which was filed in this office on February 11,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb