25-015 ORDINANCE NO. 25-015
1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
2 CHAPTER 10 ENTITLED "GARBAGE, TRASH AND OFFENSIVE
3 CONDITIONS", ARTICLE III, ENTITLED "ABANDONED PROPERTY" BY
4 REPEALING ARTICLE III IN ITS ENTIRETY AND REPLACING IT WITH A NEW
5 ARTICLE III ENTITLED "ABANDONED PROPERTY"; AMENDING CHAPTER
6 12 ENTITLED "RESERVED" BY RENAMING IT"FORECLOSED, VACANT AND
7 UNIMPROVED PROPERTY REGISTRATION PROGRAM" AND CREATING
8 NEW SECTIONS THEREUNDER; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the City of Boynton Beach's Abandoned Property Ordinance is in need of
12 updating to include the State of Florida legislative changes relating to notices and other
13 matters, and to follow the State's procedures for handling abandoned property on public
14 property which provides for regulations for inoperable motor vehicles, derelict vessels, and lost
15 property found as set forth in section 705.103, Florida Statutes; and
16 WHEREAS, it has been determined that it is in the best interest of the City to
17 consolidate abandoned property on private property processes and to streamline the special
18 magistrate processes; and
19 WHEREAS, it has been determined that the City's Property Registration Program needs
20 updating and should be moved from Chapter 10 to a separate section in the Code; and
21 WHEREAS, the City Commission finds that adopting these ordinance changes is in the
22 best interest of the citizens and residents of the City of Boynton Beach.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby incorporated herein and made a part hereof.
27 Section 2. That Chapter 10, entitled "Garbage, Trash and Offensive Conditions,"
28 Article III, entitled "Abandoned Property," is hereby REPEALED in its entirety and REPLACED with
29 the following:
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ORDINANCE NO. 25-015
30 ARTICLE III. ABANDONED PROPERTY
31
32 Sec. 10-50. Definitions.
33
34 For the purposes of this Article, the following words and phrases shall have the meaning set
35 forth herein. According to context,words used in the present tense include the future, singular
36 words include the plural, plural words include the singular, and masculine words shall include
37 the feminine gender.
38
39 Abandoned property, private property. Wrecked or derelict property having no value other
40 than nominal salvage value, if any. which has been left abandoned and unprotected from the
41 elements on private property and shall include, but not be limited to, boats, machinery,
42 refrigerators, washing machines, plumbing fixtures, furniture, inoperable motor vehicles, and
43 any other article which has no value other than nominal salvage value, if any.
44
45 Abandoned property, public property. All tangible personal property that does not have an
46 identifiable owner and has been disposed of on public property in a wrecked, inoperative, or
47 partially dismantled condition, or has no apparent intrinsic value to the rightful owner. The
48 term includes derelict vessels as defined in section 823.11, Florida Statutes, and vessels
49 declared a public nuisance pursuant to section 327.73(1)(aa), Florida Statutes.
50
51 Antique motor vehicle. Any motor vehicle of thirty-five (35) years or more registered with the
52 State of Florida, pursuant to Section 320.086, Florida Statutes.
53
54 City. The City of Boynton Beach, Florida.
55
56 Enforcement officer.Those employees or other agents of the City designated by ordinance, or
57 duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. This
58 definition shall include, but not be limited to, law enforcement police officers and Code
59 Enforcement Officers.
60
61 Inoperable motor vehicle. Any vehicle which is located on public property, or private property
62 and not within an enclosed building, and which has any of its wheels or tires dismantled or
63 deflated, is missing any part or valid registration required by law for travel on public streets, or
64 is in such condition as to render it incapable of normal operation under its own power,
65 including being supported above existing grade level by such means as concrete blocks,jacks,
66 hoists, or similar devices shall be considered abandoned property. Included in this definition is
67 any wrecked, inoperative, or partially dismantled motor vehicle.
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ORDINANCE NO. 25-015
68
69 Lost property. All tangible personal property which does not have an identifiable owner and
70 which has been mislaid on public property, upon a public conveyance, on premises used at the
71 time for business purposes, or in parks, places of amusement, public recreation areas, or other
72 places open to the public in a substantially operable, functioning condition or which has an
73 apparent intrinsic value to the rightful owner.
74
75 Motor vehicle. A vehicle or conveyance which is self-propelled and designed to travel along
76 the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles,
77 trucks, tractors, go-karts, golf carts, campers, motorhomes, and trailers.
78
79 Private property. Any property within the City that is privately owned is not defined as public
80 property herein.
81
82 Public property. Lands and improvements owned by the federal government, the State of
83 Florida, a county, or a municipality, and include sovereignty submerged lands located adjacent
84 to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks,
85 parkways, rights-of-way, and other similar property.
86
87 Wrecked motor vehicle. Any motor vehicle whose condition is wrecked, dismantled, partially
88 dismantled, incapable of operation by its own power on a public street, or from which the
89 wheels, engine, transmission, or any substantial part thereof has been removed.
90
91 Sec. 10-51. Procedure for Abandoned or Lost Property on Public Property.
92
93 Abandoned property, which includes inoperable motor vehicles, derelict vessels, and lost
94 property found on public property, shall be handled in accordance with the procedure set forth
95 in section 705.103, Florida Statutes, as amended from time to time.
96
97 Sec. 10-52. Procedure for Abandoned Property on Private Property.
98
99 (a) Public Nuisance. It is declared unlawful and a public nuisance for an owner of private
100 property to permit the open storage or discarding of abandoned property on private
101 property. The existence of abandoned property, including inoperable motor vehicles, on
102 private property in view of the general public is detrimental to the health, safety, and
103 welfare of the City's residents and violates the City's aesthetic standards.
104
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ORDINANCE NO. 25-015
105 (b) Inoperable Motor Vehicles. It shall be the duty of the registered owner of an inoperable
106 motor vehicle, as well as the duty of the owner of the private property or lessee or other
107 person in possession of the private property upon which the inoperable motor vehicle is
108 located, to remove the inoperable motor vehicle from the view of the general public. Even
109 after removal from view of the general public, an inoperable motor vehicle may be parked,
110 stored, or left on private property for a period of time not to exceed ten (10) days.
111
112 (c) Exceptions. This section shall not apply to:
113
114 (1) An inoperable motor vehicle completely enclosed within a building or one that is
115 held in connection with a business enterprise lawfully licensed by the City for the
116 servicing and repair of such vehicles and properly operated in an appropriate
117 business zone pursuant to the zoning ordinances of the City.
118
119 (2) Any antique or collector vehicle registered with the State of Florida, pursuant to
120 Section 320.086, Florida Statutes. However, no more than two (2) antique motor
121 vehicles may be retained by the same owner for collection purposes unless they are
122 appropriately stored.
123
124 (d) Notification Procedure. When an enforcement officer ascertains that an article of
125 abandoned property, including an inoperable motor vehicle, is located upon private
126 property, the enforcement officer shall:
127
128 (1) Cause a notice to be placed upon such abandoned property in the substantially
129 following form:
130
131 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING
132 DESCRIBED PROPERTY:
133
134 (setting forth a brief description)
135
136 LOCATED AT:
137
138 (setting forth a brief description of the locationl
139
140 is:
141
142 IMPROPERLY STORED AND IS IN VIOLATION OF
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ORDINANCE NO. 25-015
143
144 (setting forth ordinance or resolution violated)
145
146 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS NOTICE;
147 OTHERWISE, IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, AND MAY BE
148 REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF BOYNTON BEACH,
149 FLORIDA, DATED THIS:
150 (setting forth the date of posting of notice)
151 SIGNED
152 (setting forth name, title, address, and telephone number of enforcement officer)
153
154 (2) The notice shall also advise the persons to whom the notices are applicable that
155 they have five (5) days to request a pre-taking hearing to show cause why the
156 abandoned property should not be removed. The request for hearing shall be
157 delivered by written request to the Boynton Beach City Clerk within five (5) days of
158 the notice posting.
159
160 (3) Such notice shall be not less than eight (8) inches by ten (10) inches and shall be
161 sufficiently weatherproof to withstand normal exposure to the elements.
162
163 (4) In addition to posting the notice, the enforcement officer shall also provide the
164 notice to the owner of the abandoned property, and if an inoperable motor vehicle
165 is involved, the enforcement officer shall make a reasonable effort to ascertain the
166 name and address of the registered owner of the inoperable motor vehicle and
167 send the notice to the registered owner. In all cases, the notices shall be given by
168 hand delivery or by regular and certified mail, return receipt requested, on the date
169 of posting or as soon thereafter as practical.
170
171 (5) The enforcement officer shall mail, by certified mail, a copy of the above-described
172 notice to the owner of the real property upon which the abandoned property is
173 located, as shown by the real estate tax records as provided by the Palm Beach
174 County Property Appraiser's Office, or any other address provided to the local
175 government by such owner, on the date of posting such notice or as soon thereafter
176 as practical.
177
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ORDINANCE NO. 25-015
178 (6) If the name and address of the registered owner of an inoperable motor vehicle
179 cannot reasonably be found or determined, a public notice shall be posted by the
180 city clerk on the city hall bulletin board for five (5) consecutive days. The public
181 notice shall include, at a minimum, the following information: "Public Notice: To
182 Whom It May Concern," date, legal description of the situs, address of such
183 location, a full description of the abandoned/inoperable vehicle; and when
184 available, the last known owner of the vehicle and the date from or approximate
185 period of time during which the nuisance has existed.
186
187 (c) Removal of Abandoned Property.
188
189 (1) If, at the end of five (5) days after posting notice under this section, or 48 hours
190 after the pre-taking hearing, whichever occurs later, the owner or any person
191 interested in such abandoned property described in the notice has not removed
192 the abandoned property, or shown reasonable cause for failure to do so, the City
193 may cause the abandoned property so described to be removed by a towing or
194 salvage company, which shall cause the article or articles of abandoned property
195 to be removed and placed in storage, if applicable with the local, state and federal
196 regulations or the City may cause the abandoned property to be sold or destroyed
197 and the salvage value, if any, of such article shall be retained by the City, to be
198 applied against the cost of removal and destruction thereof.
199
200 (2) The owner of any abandoned property, who, after notice as provided in this
201 section, does not remove the abandoned property within the specified period,
202 shall be liable to the City for all costs of removal and destruction of such
203 abandoned property, less any salvage value received by the City. Upon such
204 removal and destruction, the City shall notify the owner of the amount owed and
205 of the penalty provision of this subsection.
206
207 (3) If the owner fails to timely pay the costs thereof that are incurred by the City,
208 including but not limited to the costs of removal, towing, storage, service and
209 postage, and any other administrative costs or fees attributable to the removal of
210 the abandoned property, the costs shall be charged and billed to the owner of the
211 abandoned property, the registered owner of the inoperable vehicle or the owner
212 of the private property upon which such vehicle was located. Unless payment is
213 made within thirty (30) days of such billing, the special magistrate may assess a
214 fine up to $250 in addition to the other charges set forth herein. Liens may be
215 assessed and levied in accordance with sections 2-79 and 2-79.5 of this Code.
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ORDINANCE NO. 25-015
216
217 (4) It is unlawful to remove abandoned property, including inoperable motor vehicles,
218 from private property to public property after the posting of the property by an
219 enforcement officer.
220
221 (5) In the event that the abandoned property is deemed to be an imminent public
222 health and safety hazard, an enforcement officer is authorized to remove the
223 property immediately. Subsequent to the removal of the abandoned property, the
224 City shall make reasonable and diligent efforts to ascertain the owner and take the
225 applicable action. The private property owner shall be provided notice and
226 assessed the cost of removal of the abandoned property and any required clean-
227 up of the private property.
228
229 (d) Pre-taking hearing. If a pre-taking hearing is timely requested, the City's Code Enforcement
230 Department shall schedule the hearing and send a notice of hearing to the requesting
231 owner by regular mail. The hearing shall be conducted by the special magistrate in
232 accordance with section 2-77 of this Code. If the special magistrate finds that a violation
233 exists, the abandoned property and/or abandoned/inoperable vehicle shall be removed. If
234 the subject property is removed at any cost to the city, such costs shall be assessed in
235 accordance with subsection (c)(2) above. Further, if a violation is found, the special
236 magistrate shall also order the owner to pay the city's administrative costs within a time
237 certain.
238
239 SECTION 2. That Chapter 12 entitled "Reserved" is hereby amended by DELETING
240 "Reserved" and CREATING a new Chapter entitled "Foreclosed, Vacant and Unimproved
241 Property Registration Program" to state as follows:
242
243 Chapter 12
244 FORECLOSED AND VACANT PROPERTY REGISTRATION PROGRAM
245
246 Sec. 12-1. Purpose and Intent.
247
248 It is the purpose and intent of this Chapter to establish a process to monitor and address the
249 conditions of vacant, abandoned, and distressed real property located within the city. This
250 Chapter is further intended to monitor and reduce the amount of deteriorating property
251 located within the city, on which a public notice of default or lis pendens has been filed, which
252 is in foreclosure, or where ownership has been transferred to a lender or mortgagee by any
253 legal method. It is further intended to establish a registration program as a mechanism to
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ORDINANCE NO. 25-015
254 protect neighborhoods from becoming blighted through the lack of adequate maintenance of
255 abandoned or vacated properties, which may or may not be subject to a mortgage, or
256 properties subject to mortgages that are in default.
257
258 Sec. 12-2. Applicability.
259
260 This Chapter relates to abandoned and vacant properties, and property subject to a mortgage
261 that has been determined by the mortgagee to be in default, is in foreclosure, or to properties
262 that have been the subject of a foreclosure sale where title is transferred to the mortgagee or
263 lender as well as any properties transferred to the mortgagee or lender under a deed in lieu of
264 foreclosure by any legal method. All such properties shall comply with the registration, security,
265 and maintenance requirements of this section.
266
267 This Chapter shall be considered cumulative and not superseding or subject to any other law
268 or provision for the same, but shall rather be an additional remedy available to the city above
269 and beyond any other state, county, and/or local provisions for the same.
270
271 Sec. 12-3. Definitions.
272
273 The following words, terms, and phrases, when used in this Chapter, shall have the meanings
274 ascribed to them, except where the context clearly indicates a different meaning. Where the
275 context will permit and no definitions are provided herein, the definitions provided in the
276 Florida Building Code shall indicate the meaning.
277
278 Abandoned property or abandoned real property means any real property that is vacant or
279 distressed.
280
281 Default means that the mortgagee has filed a foreclosure action or public notice of default on
282 the mortgage. A mortgage shall be considered in default at such time as the mortgagee
283 declares said mortgage to be in default in writing, by recording a lis pendens, by its actions, or
284 by commencing foreclosure proceedings, or by any other actions demonstrating a breach of a
285 security covenant on a property.
286
287 Distressed means any condition that, on its own or combined with other conditions present,
288 would lead a reasonable person to believe that a property is neglected, abandoned, or
289 otherwise not being regularly maintained. Such conditions include, but are not limited to: a
290 repeat violation of any provision of this Code, as defined in section 162.04(5), Florida Statutes,
291 or violations which have not been complied; overgrown and/or dead vegetation; the
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ORDINANCE NO. 25-015
292 accumulation of trash,junk and/or debris; unsecured doors, windows or other openings; the
293 presence of an unsanitary, stagnant swimming pool, the presence of boards over doors,
294 windows or other openings in violation of the City Code; deterioration of the structure or
295 structures on the property.
296
297 Evidence of vacancy means any condition that, on its own, or combined with other conditions
298 present,would lead a reasonable person to believe that the property is vacant. Such conditions
299 may include, but are not limited to, overgrown and/or dead vegetation, past due utility notices
300 and/or disconnected utilities; accumulation of trash,junk or debris; the absence of furnishings
301 and/or personal items consistent with habitation or occupancy; an unsanitary or stagnant
302 swimming pool; or statements by neighbors, passers-by, delivery agents or government
303 agents, among other evidence of such conditions.
304
305 Foreclosure means the judicial process by which a property, placed as security for a mortgage
306 loan, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.
307
308 Enforcement officer means a Building Official, Fire Inspector, or Code Enforcement Officer
309 employed by the City.
310
311 Mortgagee means any party holding a mortgage interest, regardless of priority.
312
313 Owner means any person, firm, corporation, or other legal entity who, individually or jointly or
314 severally with others, holds the legal or beneficial title to any building, facilities, equipment, or
315 property subject to the provisions of this chapter. The term shall include the owner's duly
316 authorized agent,a purchaser,devisee,fiduciary,or any other person,firm,corporation,or legal
317 entity having a vested or contingent interest or, in the case of leased premises, the legal holder
318 of the lease or his legal representative. It is intended that this term shall be construed as
319 applicable to the person, firm, corporation, or legal entity responsible for the construction,
320 maintenance, and operation of the building, facilities, or property involved, whether vacant or
321 occupied.
322
323 Property management company means a local property manager, property maintenance
324 company, or similar entity responsible for maintaining the abandoned real property.
325
326 Registrable Property means any real property located in the City, whether vacant or occupied,
327 that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee
328 has been the subject of a foreclosure action by a mortgagee and a judgment has been entered,
329 or has been the subject of a foreclosure sale where the title was transferred to the beneficiary
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ORDINANCE NO. 25-015
330 of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu
331 of foreclosure/sale. The designation of a "foreclosure" property as "registrable" shall remain in
332 place until such time as the property is sold to a non-related bona fide purchaser in an arm's-
333 length transaction or the foreclosure action has been dismissed.
334
335 Semiannual Registration means six (6) months from the date of the first action that requires
336 registration, as determined by the City or its designee, and every subsequent six (6) months.
337 The date of the initial registration may be different than the date of the first action that required
338 registration.
339
340 Secure mannershall include, but not be limited to, the closure and locking of windows, doors,
341 gates, and other openings of such size that a child may access the interior of the property
342 and/or structure. In the case of broken windows, such windows shall be secured by re-glazincl,
343 or if the structure is vacant, it may be boarded up in accordance with Code requirements.
344
345 Vacant propertymeans a parcel of land that contains any building or structure that is not
346 lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the
347 definition of "evidence of vacancy." Vacant property does not mean property that is
348 unoccupied while the occupants are temporarily away or is not intended by the owner to be
349 left vacant so long as the period does not exceed six (6) months.
350
351 Sec. 12-4. Penalties.
352
353 Any person who violates the provisions of this Chapter shall, upon conviction, be punished as
354 provided in Section 1-6 of the City's Code of Ordinances as applicable.In addition,any violation
355 of this Chapter may be enforced through the city's special magistrate process.
356 Sec. 12-5. Registration of Vacant Property.
357
358 (a) Registration by owner. Every owner of a vacant property or property containing a vacant
359 building or structure located within the city shall register with the city by filing a registration
360 application prescribed by the City within ten (10) days of the vacancy.
361
362 (b) A registration application shall contain at least the following information:
363
364 (1) The address and parcel control number of the vacant property.
365
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ORDINANCE NO. 25-015
366 (2) For purposes of notice, the owner's name, telephone number, mailing address, and e-
367 mail address.
368
369 (3) For purposes of notice, the name, telephone number, mailing address, and e-mail
370 address of an individual or entity designated by the owner who has the authority to
371 make decisions concerning the conditions at the vacant property, as well as any
372 expenditure in connection therewith.
373
374 (4) The city reserves the right to require such other information as needed to carry out this
375 section's public purpose and intent.
376
377 (c) A semiannual registration fee, per property, for the vacant property registration, shall be
378 established by resolution of the city commission. Such fee shall accompany the registration
379 form and shall be for the costs of registration and enforcement of this section.
380
381 (d) Registration pursuant to this section shall be required semiannually for as long as the
382 property is vacant.A case initiated pursuant to this section may be presented to the special
383 magistrate even if, prior to a hearing, the property is no longer vacant or no longer
384 distressed.
385
386 (e) Properties subject to this chapter shall remain under the registration requirement and the
387 inspection, security, and maintenance standards set forth in this section, as long as they
388 remain vacant.
389
390 (f) Any person or other legal entity that has registered a property under this section must
391 report any change of information contained in the registration within ten (10) days of the
392 change. There shall be no fee to update the current owner's information.
393
394 (g) Failure of the property owner of record to properly register or to modify the registration
395 from time to time to reflect a change of circumstances as required by this section is a
396 violation and shall be subject to enforcement by any of the enforcement means available
397 to the city.
398
399 (h) Pursuant to a finding by the special magistrate that any property is in violation of this
400 chapter, the city may take the necessary action to ensure compliance with and place a lien
401 on the property for the cost of the work performed to benefit the property and to bring it
402 into compliance.
403
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404 Sec. 12-6. Registration of real property with a mortgagee holding a mortgage in default,
405 foreclosure.
406
407 (a) All property, located within the city, which property is in or has been declared to be in
408 default, mortgage foreclosure, or to properties that have been the subject of a foreclosure
409 sale where title is transferred to the mortgagee as well as any properties transferred to the
410 mortgagee or lender under a deed in lieu of foreclosure by any legal method shall be
411 registered under this section.
412
413 (b)Any mortgagee who holds a mortgage on real property located within the city shall perform
414 an inspection of the property that is the security for the mortgage, upon default by the
415 mortgagor or prior to the issuance of a notice of default. If the property is found to be
416 vacant or shows evidence of vacancy, it shall be deemed vacant or abandoned, and the
417 mortgagee shall register the property in compliance with subsection (c) below, even
418 though the real property may not be vacant.
419
420 (c) Within ten (10) days of the date any mortgagee declares its mortgage to be in default, the
421 mortgagee shall register the real property with the city's foreclosure registry, and, at the
422 time of registration, indicate whether the property is vacant, and if so shall designate in
423 writing a property manager to inspect, maintain and secure the real property subject to the
424 mortgage in default or defaulted. A separate registration is required for each defaulted
425 property.
426
427 (d) Property inspected pursuant to subsection (b), above, that remains in default shall be
428 inspected every thirty(30)days by the mortgagee or mortgagee's designee.If an inspection
429 shows a change in the property's occupancy status, the mortgagee shall update the
430 occupancy status of the property registration within ten (10) days of that inspection.
431
432 (e) Registration pursuant to this section shall contain the name of the mortgagee, the direct
433 mailing address of the mortgagee, a direct contact name and telephone number of
434 mortgagee, facsimile number and e-mail address, and the local property management
435 company responsible for the security and maintenance of the property, and the direct
436 contact name, telephone number, mobile number, and email address of the manager for
437 direct contact.
438
439 (f) This section shall also apply to properties that have been the subject of a foreclosure sale,
440 where the title was transferred to the beneficiary of a mortgage involved in the foreclosure,
441 and any properties transferred under a deed in lieu of foreclosure/sale.
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442
443 (g) Properties subject to this section shall remain under the semiannual registration
444 requirements, security, and maintenance standards of this Chapter as long as the mortgage
445 is under foreclosure, in default, or has defaulted.
446
447 (h) Any person or corporation that has registered a property under this section must report
448 any change of information contained in the registration within ten (10) days of the change.
449
450 (i) If any property is in violation of this chapter, the city may take any necessary actions
451 permitted by law to ensure compliance, and the city may place a lien on the property for
452 the cost of the outstanding obligation and any additional costs incurred to bring the
453 property into compliance.
454
455 (j) Registration fees. The city has created a foreclosure registry for properties subject to this
456 Chapter. A semiannual registration fee in an amount set by resolution per property shall
457 accompany the registration for inclusion on the foreclosure registry.
458
459 (1) Each individual property on the registry that has been registered for twelve(12) months
460 or more prior to the effective date of this ordinance shall have thirty (30) days to renew
461 the registration and pay the non-refundable semiannual registration fee. Properties
462 registered less than twelve (12) months prior to the effective date of this ordinance
463 shall renew the registration every six (6) months from the expiration of the original
464 registration renewal date and shall pay the non-refundable semiannual registration fee.
465
466 (2) If the mortgage on a registrable property is sold or transferred, the new mortgagee is
467 subject to all the terms of this Chapter. Within ten (10) days of the transfer, the new
468 mortgagee shall register the property or update the existing registration. The previous
469 mortgagee(s) will not be released from the responsibility of paying all previous unpaid
470 fees, fines, and penalties accrued during that mortgagee's involvement with the
471 registrable property.
472
473 (3) If the mortgagee sells or transfers the registrable property in a non-arm's-length
474 transaction to a related entity or person, the transferee is subject to all the terms of this
475 Chapter. Within ten (10) days of the transfer, the transferee shall register the property
476 or update the existing registration. Any and all previous unpaid fees, fines, and
477 penalties, regardless of whom the mortgagee was at the time registration was required,
478 including, but not limited to, unregistered periods during the Foreclosure process, are
479 the responsibility of the transferee and are due and payable with the updated
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480 registration. The previous mortgagee will not be released from the responsibility of
481 paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's
482 involvement with the foreclosed property.
483
484 (4) If the foreclosing or foreclosed property is not registered, or the registration fee is not
485 paid within thirty (30) days of when the registration or renewal is required pursuant to
486 this section and a foreclosure filing, a late fee equivalent to ten percent (10%) of the
487 semiannual registration fee shall be charged for every thirty-day period (30), or portion
488 thereof, the property is not registered and shall be due and payable with the
489 registration.
490
491 Sec. 12-7. Maintenance requirements.
492
493 (a)In addition to the complying with the City's Property Maintenance Code, properties subject
494 to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash,junk,
495 debris, building materials, any accumulation of newspapers, circulars,flyers, notices,except
496 those required by federal, state or local law, discarded personal items included, but not
497 limited to, furniture, clothing, large and small appliances, printed material or any other
498 items that give the appearance that the property is abandoned.
499
500 (b) The property shall be maintained free of graffiti or similar markings by removal or painting
501 over with an exterior grade paint that matches the color of the exterior structure.
502
503 (c) Front, side, and rear yard landscaping shall be maintained in accordance with the City's
504 Code of Ordinances at the time registration was required.
505
506 (d) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs,
507 hedges, or similar plantings, decorative rock or bark, or artificial turf/sod designed
508 specifically for residential installation. Landscape shall not include weeds, gravel, broken
509 concrete, asphalt, or similar material.
510
511 (e) Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing
512 of required landscape and removal of all trimmings.
513
514 (f) Pools and spas shall be maintained so that the water remains free and clear of pollutants
515 and debris. Pools and spas shall comply with the enclosure requirements of this Code and
516 the Florida Building Code, as amended from time to time.
517
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ORDINANCE NO. 25-015
518 (g) Failure of the mortgagee and/or property owner of record to properly maintain the property
519 may result in a violation of this Code and issuance of a citation or notice of violation/notice
520 of hearing by a City Code Enforcement Officer. Pursuant to a finding and determination by
521 the City's special magistrate, the City may take the necessary action to ensure compliance
522 with this section.
523
524 Sec. 12-8. Security requirements.
525
526 (a) Properties subject to this Chapter shall be maintained in a secure manner so as not to be
527 accessible to unauthorized persons.
528 (b) A secure manner shall include, but not be limited to, the closure and locking of windows,
529 doors, gates, and other openings of such size that may allow a child to access the interior
530 of the property and/or structure. Broken windows shall be secured by re-glazing.
531 (c) A local property management company shall be contracted to perform bi-weekly (every
532 other week) inspections to verify compliance with the requirements of this Section and any
533 other applicable laws.
534 (d) The property shall be posted with the name and twenty-four (24) hour contact phone
535 number of the local property management company. The posting shall be no less than an
536 eight-inch-by-ten-inch sign. The posting shall contain the following language:
537 THIS PROPERTY IS MANAGED BY:
538 (Name of property management company)
539 TO REPORT PROBLEMS OR CONCERNS CALL:
540 (Telephone number of property management company)
541 The posting shall be placed on the interior of a window facing the street to the front of the
542 property so it is visible, or secured to the exterior of the building/structure facing the street
543 to the front of the property so it is visible, or if no such area exists, on a stake of sufficient
544 size to support the posting in a location as close as possible to the main door entrance of
545 the property. Exterior posting shall be constructed of and printed with weather-resistant
546 materials.
547 (e) The local property management company shall inspect the property on a bi-weekly (every
548 other week) basis to ensure that the property is in compliance with this section. Upon the
549 request of the City or its authorized representative, the local property management
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ORDINANCE NO. 25-015
550 company shall provide a copy of the inspection reports to the Code Enforcement
551 Department.
552 (f) Failure of the mortgagee and/or property owner of record to properly maintain the property
553 may result in a violation of this Code and issuance of a citation or notice of violation/notice
554 of hearing by a City Code Enforcement Officer. Pursuant to a finding and determination by
555 the City's special magistrate, the City may take the necessary action to ensure compliance
556 with this section.
557
558 Sec. 12-9. Opposing or obstructing an Enforcement Officer: penalty. Whoever opposes,
559 obstructs, or resists any City officer or any person authorized by the City in the discharge of
560 duties as provided in this section shall, upon conviction, be punished as provided herein.
561
562 Sec. 12-10. Immunity of Code Enforcement Officer. Any Code Enforcement Officer, or any
563 person authorized by the City to act pursuant to the City's Code of Ordinances or state law,
564 shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon
565 real property while in the discharge of duties imposed by this Chapter.
566
567 Sec. 12-11. Additional authority. The City's Code Enforcement Administrator, his/her
568 designee, or the City's authorized representative shall have authority to require the mortgagee
569 and/or owner of record of any property affected by this Chapter, to implement additional
570 maintenance and/or security measures, including but not limited to, securing any and all doors,
571 windows or other openings, employment of an on-site security guard, or other measures as
572 may be reasonably required to help prevent further decline of the property.
573
574 Sec. 12-12. Adoption of rules, expenditure of funds, and declaration of municipal
575 purpose. The City Manager, consistent with his/her duties and authorities under the City
576 Charter, including those duties and authorities relating to emergency situations, is authorized
577 and empowered to adopt rules and regulations and expend City funds as may be reasonably
578 necessary and available to carry out the terms of this Chapter, the expenditure of such funds
579 being declared a proper municipal purpose.
580
581 Section 3. It is the intention of the City Commission of the City of Boynton Beach,
582 and it is hereby ordained that the provisions of this Ordinance shall become and be made a
583 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this
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ORDINANCE NO. 25-015
584 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to
585 "Section," "Article," or such other word or phrase in order to accomplish such intention..
586 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions
587 in conflict herewith be, and the same are hereby repealed to the extent of such conflict.
588 Section 5. If any clause, section, or other part or application of this Ordinance shall
589 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
590 unconstitutional or invalid part or application shall be considered as eliminated and so not affect
591 the validity of the remaining portions or applications remaining in full force and effect.
592 Section 6. This Ordinance shall become effective immediately upon passage.
593
594
595
596 [SIGNATURES ON FOLLOWING PAGE]
597
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ORDINANCE NO. 25-015
598 FIRST READING this / ay of 116/— , 2025.
599 SECOND, FINAL READING AND PASSAGE this day of -}ern , 2025.
600
601 CITY OF BOYNTON BEACH, FLORIDA
602 YES NO
603
604 Mayor- Rebecca Shelton
605
606 Vice Mayor-Woodrow L. Hay
607
608 Commissioner-Angela Cruz
609 ,Z
610 Commissioner-Thomas Turkin
611
612 Commissioner-Aimee Kelley
613
614 VOTE
615
616
617
618/ A ES' :
619
620 L-'-- - 04;. NTON %,
621 Maylee Oesus, MP; •VORArF•;Fy �� Rebecca Shelton
622 City Clea fol SEAL =,; Mayor
623 i ;INCORPORATED/ i
624 ', i•. 1920 APPROVED AS TO FORM:
•
• •
625 (Corporate Seal) I`� ..1"
6
FLORIOP_
26
627 Aatuna.
628 Shawna G. Lamb
629 City Attorney
630
631
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