HomeMy Public PortalAbout19-9717 Establishing an Abandon Property Registration ProcessSponsored by: Vice Mayor Davis
RESOLUTION NO. 19-9717
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING AN
ABANDONED PROPERTY REGISTRATION PROCESS
WITHIN THE CITY AS SET FORTH IN EXHIBIT "A";
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") is in need of a process whereby City
residents are made aware of abandoned properties within the City in order to decrease
the amount of abandoned properties; and
WHEREAS, the City desires to address the issue of abandoned properties as a
matter of public concern to encourage residents to make reports of suspicious behavior
connected with abandoned properties; and
WHEREAS, the City desires that residents be made aware of abandoned
properties throughout the City; and
WHEREAS, is in the best interest of the City that an abandoned property
registration process be established.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Recitals.
The recitals to the preamble herein are incorporated by reference.
Section 2. Establishment of Abandoned Property Registration Process
The City Commission of the City of Opa-Locka hereby establishes an abandoned
property registration process as set forth in Exhibit "A" herein and directs the City
Manager to take all actions consistent with this Resolution.
Section 3. Repealing Resolutions In Conflict
If for any reason a City resolution is found to be in conflict, such resolution shall be
deemed invalid.
Section 4. Effective Date. This Resolution shall take effect immediately upon
adoption and is subject to the approval of the Governor or his designee.
Resolution No. 19-9717
PASSED and ADOPTED this 13th day of November, 2019.
Matthew A. Pigatt, Mayor
ATTEST:
Joa P a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
e Norris eeks, P.A.
Ci ttorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Burke
VOTE: 5-0
Commissioner Bass: YES
Commissioner Burke: YES
Commissioner Kelley: YES
Vice -Mayor Davis: YES
Mayor Pigatt : YES
EXHIBIT "A"
ABANDONED PROPERTY REGISTRATION PROCESS
Sec. 1. - Registration of abandoned properties.
(1) Purpose. The purpose of this section is to provide a process whereby the city and
its residents are made aware of abandoned properties within throughout the City,
so that they can be mindful of abandoned properties and report suspicious behavior
that can occur in and around these properties.
(2) Definitions. As used herein, the following terms shall have the following meanings:
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, and/ or 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 Opa-Locka 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 personal property, 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 mortgage 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 the United States Department of
Housing and Urban Development (HUD) or the United States Department of Veteran's
Affairs (V.A.).
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
(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 property owned or subject to the control of the city, county 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 required the registration of a property.
Renewal date is 12 months from the date of the event that required registration of the
property.
Vacant means any building/structure that is not legally occupied.
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 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 property regardless 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 the
(3)
mortgagee shall, within ten days of that inspection, 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, and email address for property owner(s)
or mortgagee and mortgage servicer, and the name and 24-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 city 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. Vacant
abandoned properties shall be inspected monthly for compliance with property
maintenance standards previously cited.
Registration fee. The city commission 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 pendens 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,
(5)
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. Any person found in violation of this section shall
be punished by a fine not to exceed $500.00 per violation.