15-001 ■
11 ' ORDINANCE NO. 15 -001
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3' 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4, FLORIDA AMENDING THE CODE OF ORDINANCES
5 CHAPTER 10, "GARBAGE, TRASH, OFFENSIVE
6 CONDITIONS," ARTICLE III, "ABANDONED
7 PROPERTY," BY REVISING SECTION 10- 51.5(i)(4),
8; ENTITLED "REGISTRATION OF ABANDONED REAL
9( PROPERTY" TO ALLOW REVISIONS IN THE ANNUAL
101 REGISTRATION FEE; PROVIDING FOR CONFLICTS,
11' SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
13.
141 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
15 order to provide language in the Code to allow the annual registration fee of Abandoned Real
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16 Property to be revised from time to time; and
171 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety, I
18 and welfare of the residents, citizens, and business within the City of Boynton Beach.
E' I
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 I Section 1. The foregoing whereas clauses are true and correct and are now ratified and
22 confirmed by the City Commission.
23 Section 2. That Article III. "Abandoned Property," of the City of Boynton Beach
24 Code of Ordinances, be, and the same is hereby amended by amending Section 10- 51.5(i)(4),
25 entitled "Registration of Abandoned Real Property ", to read as follows:
26 Sec. 10 -51.5. Abandoned Personal and Real Property
27; i ...
281 _(i) Registration of abandoned real property
29 (1) Any mortgagee who holds a mortgage on real property located within the City shall perform an
30 inspection of the property that is the security for the mortgage, upon default by the mortgagor, or
31 issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it
11 shall be deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the
2 7 property with the City's Code Compliance Administrator, his /her designee, or the City's authorized
3 representative, on forms provided by the City A registration is required for each vacant property.
4 (2) If the property is occupied but remains in default, it shall be inspected by the mortgagee or his
5 designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be
6 vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall,
7 within ten (10) days of that inspection, register the property with the City's Code Compliance I
8 Administrator, his /her designee, or the City's authorized representative, electronically via the City's
9 `; website or on forms provided by the City.
10 (3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing
11 address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number
12 and e -mail address and, the local property management company responsible for the security and
13 maintenance of the property and their direct contact name and telephone number of manager, facsimile
14 number and email address, and mobile number for direct contact.
15 (4) An annual registration fee in • . - . - - - - - - - • - • . ! . ! ! an amount set by the
16 City Commission , per property, shall accompany the registration.
17 (5) This section shall also apply to properties that have been the subject of a foreclosure sale where the
18 title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties
19 transferred under a deed in lieu of foreclosure /sale.
20 (6) Properties subject to this section shall remain under the annual registration requirement, security
21 and maintenance standards of this section as long as they remain vacant.
22 (7) Any person or corporation that has registered a property under this section must report any change
23 of information contained in the registration within ten (10) days of the change.
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S \CC\WP\ ORDINANCES \ 2015\ 15 - 001_ - _Revised_ registration _tee_tor_Abandoned_Real_Propert doc
1 i Section 3. Each and every other provision of the City of Boynton Beach Code of
2 ' Ordinances not herein specifically amended, shall remain in full force and effect as originally
3 adopted.
4 Section 4. All laws and ordinances applying to the City of Boynton Beach in
5 1 I conflict with any provisions of this ordinance are hereby repealed.
6 ; Section 5. Should any section or provision of this Ordinance or any portion thereof
7 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
8 remainder of this Ordinance.
9 Section 6. Authority is hereby given to codify this Ordinance.
10 I Section 7. This Ordinance shall become effective immediately.
11 ? FIRST READING this 20 day of January, 2015.
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S \CC\ WP\ ORDINANCES\ 2015\ 15- 0(ll_ -_ Revised_ registration _fee_for_Abandoned_Real_Property doc
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1 SECOND, FINAL READING AND PASSAGE this 3 ` day of Fc.brua.r
2, 2015.
3,
41 CITY OF BOYNTON BEACH, FLORIDA
51
6' YES NO
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81 Mayor — Jerry Taylor aV {
91
101 Vice Mayor — Joe Casello ✓
1 1 ? I
12 Commissioner — David T. Merker
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14', ( Commissioner — Mack McCray
151
16' Commissioner — Michael M. Fitzpatrick
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18
19 VOTE 5-0
20
21 ATTEST:
22 ,
231 ..
24 OP
.5' Ja -t M. Prainito, MMC
• y Clerk
27,
28
79 G A Y
30 -a
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32 O
33 ®, T
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