18-007 1 ORDINANCE NO. 18-007
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING THE CITY OF BOYNTON BEACH
5 CODE OF ORDINANCES, CHAPTER 10, "GARBAGE,
6 TRASH AND OFFENSIVE CONDITIONS", ARTICLE III,
7 "ABANDONED PROPERTY", SECTION 10-51.5,
8 "ABANDONED PERSONAL AND REAL PROPERTY" TO
9 CLARIFY THE DEFINITIONS AND CLEAN UP LANGUAGE
10 AS TO WHEN REGISTRATION IS REQUIRED;
11 PROVIDING FOR REPEAL OF LAWS IN CONFLICT,
12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
13 DATE.
14
15 WHEREAS, PROCHAMPS, a Community Champions Company, has administered
16 the City's defaulted property registration program since it's inception in 2010; and
17 WHEREAS, this program was initiated for the purpose of requiring mortgagees to
18 register and maintain properties at risk of becoming vacant and a blight in the community.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
21 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
22 as being true and correct, and are hereby incorporated herein and made a part hereof.
23 Section 2. Chapter 10, "Garbage, Trash and Offensive Conditions", Article III,
24 "Abandoned Property", Section 10-51.5, "Abandoned Personal and Real Property" of the Code
25 of Ordinances is hereby amended as follows:
26 Sec. 10-51.5. Abandoned personal and real property.
27 (a) Purpose and intent. It is the purpose and intent of this section to establish a process to
28 address the deterioration, crime, and decline in value of the City's neighborhoods caused b'
29 the amount of abandoned personal and real property located within the City. This section is
30 further intended to specifically establish an abandoned residential-property program as a
31 mechanism to protect—residential neighborhoods from becoming blighted through the lack of
32 adequate maintenance and security of abandoned properties.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\Property_Registration(2)_-_Ordinance.doc
9
(b) Definitions. The following words, terms and phrases, when used in this chapter, shall
2 have the meanings ascribed to them in this section, except where the context clearly indicates
3 a different meaning:
4 Abandoned personal property: Property that has been left abandoned and unprotected
5 from the elements and shall include, but not be limited to, wrecked, inoperative or partially
6 dismantled trailers, boats,machinery, refrigerators, washing machines,plumbing fixtures,
7 furniture and any other similar article that has been left abandoned and unprotected from the
8 elements.
9 _ Abandoned real property: Any Real Pproperty that pis encumbered by a
10 mortgage in Default, is subject to an ongoing foreclosure action, has been the subject of a
11 foreclosure action and a judgement has been entered, or has been the subject of a foreclosure
12 sale where the title was transferred to the beneficiary of a mortgage involved in the
13 Foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. is under a
14 current notice of default and/or notice of mortgagee's sale by the lender or a pending tax
15 . - •- • . . .. . . .. • . . - . - . -16 - .. -, . .
17 . . - .. . . . -
18 Accessible property: A property that is accessible through a compromised/breached gate,
19 fence, wall, and the like.
20 _ Accessiblestructure: A structure/building that is unsecured and/or breached in such a way
21 as to allow access to the interior space by unauthorized persons.
22 Default: The mortgagor has not complied with the terms of the mortgage on the property.
23 or the promissory note, or other evidence of the debt, referred to in the mortgage.
24 Enforcement officer: Any full-time law enforcement officer, building official, code
25 enforcement officer, fire inspector or building inspector employed within the City.
26 Evidence of vacancy: Any condition that, on its own or combined with other conditions
27 present,would lead a reasonable person to believe that the property is Vvacant. Such
28 conditions may include, but Beare not limited to, overgrown and/or dead vegetation,past
29 due utility notices and/or disconnected utilities; accumulation of abandoned personal property,
30 as defined herein; the absence of furnishings and/or personal items consistent with habitation
31 or occupancy; the presence of an unsanitary, stagnant swimming pool; accumulation of
32 newspapers, circulars, flyers and/or mail; statements by neighbors,passers-by,delivery agents
33 or government agents; and/or the presence of boards over doors, windows, or other openings
34 in violation of applicable code, or any another evidence that the property is vacant.
35 _ Foreclosure: A process, proceeding, or action to enforce a mortgage by terminating a
36 property owner's interest in mortgaged property or by obtaining possession of mortgaged
37 property. - - - . - - S-or-attempt
39 to the Real Property pledged as security for a debt or th. Rell Property subject to the lien. The
40 legal preecss is not concluded until the property obtained by the Mortgagee, lien holder, or
. ,ae.2i.�:,.�' • - . - . . --
42 purchaser in an arm's length transaction to satisfy the debt or-1 .
43 Mortgagee: The creditor, including but not limited to, trustees; mortgage servicing
44 companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor;
45 any successor in interest; or any assignee of the creditor's rights, interests or obligations under
46 the mortgage agreement; or any other person or entity with the legal right to foreclose on the
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOEVN\Property_Registration(2)_-_Ordinance.doe
9
I Real Property. ' .. - - - • - - - - • - . -- - _ . .
L 2 _. .. . . '
3 Nominal salvage value: The value of an article of abandoned or derelict property that a
4 reasonably prudent person would believe is the fair market value of the property,taking into
5 consideration its useful life, earning capacity or replacement cost, less depreciation. Items of
6 general or special depreciation would be nominally greater than the costs of salvage,
7 including the removal, transportation, storage and sale of same.
8 Property management company: A local property manager, property maintenance
9 company or similar entity responsible for the maintenanceinspecting, maintaining, and
10 securing thee€abandoned Rreal Pproperty.
11 Public property: Canals, all waterways, lands and improvements owned by a
12 governmental body or any governmental agency, including but not limited to, easements and
13 rights-of-way, but excluding the campus of any institution of the state university system.
14 Real Property: Any residential or commercial land and/or buildings. leasehold
15 improvements and anything affixed to the land, or portion thereof identified by a property
16 parcel identification number, located in the -GOVERNED AREA> limits of the City of
17 Boynton Beach.
18 Residential building: Any improved real property,or portion thereof, situated in the City,
19 :,--: . - • . . - _ - - . . _ .
20 ._ . .
21 Vacant: Any buildinestfeetefenarcel of land, building, or structure that is not legally
22 occupied.
23 (c) Applicability. This section shall be considered cumulative and not superseding or
24 subject to any other law or provision for same, but shall rather be an additional remedy
25 available to the City above and beyond any other state, county and/or local provisions for
26 same.
27 (d) Penalties. Any person who shall violate the provisions of this section shall, upon
28 conviction, be punished as provided in Section 1_6 of the City's Code of Ordinances Code as
29 applicable. In addition, any violation of this section may be enforced through the City's Code
30 Compliance Board, as provided in Chapter 2, Article V, of the City's Code of Ordinances.
31 (e) Placement of abandoned personal property on private property prohibited.
32 (1) It shall be unlawful for any person to abandon personal property upon private
33 property:
34 a. Without such receiving the property owner's consent; or
35 b. In violation of this or any other applicable law, ordinance or regulation.
36 (2) Nothing in this section shall be deemed to apply to abandoned personal property
37 authorized to be left on private business property properly operated, licensed and zoned in the
38 City for the purpose of accepting abandoned property.
I 39 (f) Public nuisance. All abandoned personal property and Aabandoned Rceal Pproperty is
40 hereby declared to be a public nuisance,the abatement of which, pursuant to the police power,
41 is hereby declared to be necessary for the health, welfare and safety of the residents of the
42 City.
43 (g) Notification procedure. When an enforcement officer ascertains that an article of
44 personal property having nominal salvage value lies abandoned or derelict upon private
45 property,that officer shall:
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\Property_Registration(2)_-_Ordinance.doc
9
1 (1) Cause a notice to be placed upon such abandoned property in the substantially
2 following form:
3 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING
4 DESCRIBED PROPERTY:
5 (setting forth brief description)
6 LOCATED AT:
7 (setting forth brief description of location)
8 is:
9 IMPROPERLY STORED AND IS IN VIOLATION OF
10 (setting forth ordinance or resolution violated)
11 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS
12 NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY,
13 AND MAY BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF
14 BOYNTON BEACH, FLORIDA, DATED THIS:
15 (setting forth the date of posting of notice)
16 SIGNED
17 (setting forth name, title, address and telephone number of enforcement officer)
18 (2) Such notice shall be not less than eight(8) inches by ten(10) inches, and be
19 sufficiently weatherproof to withstand normal exposure to the elements.
20 (3) The enforcement officer shall make reasonable effort to ascertain the name and
21 address of the owner of the abandoned property and, if such address is reasonably available,
22 the officer shall mail,by certified mail, a copy of the notice to the owner, on or before the
23 date of posting the above-described notice on the abandoned personal property.
24 (4) The enforcement officer shall mail, by certified mail, a copy of the above-described
25 notice to the owner of the Rfeal Pproperty upon which the abandoned personal property is
26 located, as shown by the real estate tax records as provided by the Palm Beach County
27 Property Appraiser's Office, or any other address provided to the local government by such
28 owner, on or before the date of posting such notice.
29 (h) Removal of abandoned personal property.
30 (1) If at the end of five (5) days after posting notice under this section, the owner or any
31 person interested in such abandoned personal property described in the notice has not
32 removed same,the City may seek an appropriate order from the special magistrate or code
33 enforcement board, and may subsequently cause the article of abandoned personal property to
34 be removed and destroyed, and the salvage value, if any, of such article shall be retained by
35 the City, to be applied against the cost of removal and destruction thereof.
36 (2) Before destruction, for abandoned property on private lands, at the end of the five (5)
37 day period of posting of such notice, if the owner or person having interest in the property has
38 not removed the abandoned property from private property, or shown reasonable cause for
39 failure to do so, the City may cause the property so described to be removed by a towing or
40 salvage company, which shall cause the article or articles of abandoned property to be
41 removed and placed in storage, if applicable with the local, state and federal regulations. At
42 the conclusion of the required storage, if the article is not claimed, and if the salvage value is
43 above one hundred dollars ($100.00),the towing company shall pay the City the sum of
44 twenty-five dollars ($25.00) or ten percent(10%) of such value, whichever is greater, for the
45 administrative costs in handling with the article. If the article is claimed,the City shall
46 receive twenty-five dollars ($25.00) as an administrative fee.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOEVN\Property_Registration(2)_-_Ordinance.doc
9
1 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles,
2 from private property to public property after the posting of the property by an enforcement
3 officer.
4 (4) In the event that the abandoned property is deemed to be an imminent public health
5 and safety hazard, an enforcement officer is authorized to remove the property immediately.
6 Subsequent to the removal of the abandoned property, the City shall make reasonable and
7 diligent efforts to ascertain the owner and take the applicable action. If the abandoned
8 property is on private property,the private property owner shall be provided notice and
9 assessed the cost of removal of the abandoned property and any required clean-up of the
10 private property.
11 (i) Registration of Atibandoned Real Property.
12 (1) Aany Mortgagee who holds a mortgage on Real Property located within the City shall
13 perform an inspection of the property that is the security for the mortgage, upon
14 Default by the mortgagor, or prior to the issuance of a notice of default.
15 (2) Within ten (10) days of the date any Mortgagee declares its mortgage to be in Default,
16 the Mortgagee shall register the Real Property with the City's foreclosure registry,
17 and, at the time of registration, indicate whether the property is Vacant, and if so shall
18 designate in writing a Property Manager to inspect, maintain and secure the Real
19 Property subject to the mortgage in Default or Defaulted. A separate registration is
20 required for each Defaulted property.
21 (3) Property inspected pursuant to subsection (1) above that remains in Default shall be
22 inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an
23 inspection shows a change in the property's occupancy status the Mortgagee shall,
24 within ten(I 0) days of that inspection, update the occupancy status of the property
25 registration.
26
27
•
28 .. • . - - , . _
•
29 ' . . . • - . ' -, . -- _ , • .
30 . .
31 (2) (2) If the property is occupied but remains in default, it shall be inspected by the
32 - . _ _ -, • .• .. • - -, •• . - . • :
33 a. The mortgagor or other party remedies the default; or
34 b. It is found to be vacant or shows evidence of vacancy, at which time it is
35 . .. .. .. . -,
36 =
37
38 • .. •. . ' .
39 (4) (3) Registration pursuant to this section shall contain the name of the
40 Mmortgagee, the direct mailing address of the Mmortgagee, a direct contact name
41 and telephone number of Mmortgagee, facsimile number and e-mail address, and the
42 local Pproperty Mmanagement Ccompany responsible for the security and
43 maintenance of the property and the direct contact name and telephone number of the
I 44 manager, facsimile number and email address, and mobile number for direct contact.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOEVN\Property_Registration(2)_-_Ordinance.doc
9
€r 1 Said fees shall be used to oli et the costs of: (I)registration and registration
[ 2 - - L�If�.oi�a�.rai�aa..ir��.rye.w.�ir.r.r+c..rr�ii�..�tes r�a���w� _r!klras. �e� Awa
[ 3
4 persons in Default, which may not include cash and mortgage modification
5 assistance, and (1) for any related purposes as may be adopted in the policy set forth
6 in this Chapter. Said fees shall be deposited to a special account in the€ity's
7 f-Depar .. • • • . - 4 f'this
8 Urdi+ranee,and fulfiHint-the-purpose-and intent of this€irapter. None-of the-funds
9 provided for in this section shall be utilized for the legal--defense of Foreclosure
10 Actions.
1 1 Each in( - • - ,
13 registration and pay the Semi Annual Registration fee as set by resolution by the City
14 Commission Semi Annual Registration fee. Properties registered less than twelve
15 (12) months prior to the Effective Date shall renew the registration every six (6)
16 months from the original registration date and shall pay the Semi Annual
17 Registration fee-as set by resolution by the City Commission
18 (5) ) An annual registration fee in an amount set by the City Commission, per property,
19 shall accompany the registration.
20 (6) (5) This section shall also apply to properties that have been the subject of a
21 foreclosure sale, where the title was transferred to the beneficiary of a mortgage
22 involved in the foreclosure and any properties transferred under a deed in lieu of
23 foreclosure/sale.
24 (7) Properties subject to this section shall remain under the annual registration
25 requirements, security and maintenance standards of this section as long as they
26 ea tthe mortgage is under Foreclosure or in Default or Defaulted.
27 (9) Aany person or corporation that has registered a property under this section must
28 report any change of information contained in the registration within ten(10) days of
29 the change.
30 (10) If any property is in violation of this Chapter the City may take theany
31 necessary actions permitted by law to ensure compliance with and the City may place
32 a lien on the property for the cost of the outstanding obligation and any additional
33 costs incurred to bring the property into compliance.
34
35 (j) Maintenance requirements.
36 (1) In addition to the complying with the City's Property Maintenance Code, properties
37 subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation,trash,
38 junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices,
39 except those required by federal, state or local law, discarded personal items included, but not
40 limited to, furniture, clothing, large and small appliances,printed material or any other items
41 that give the appearance that the property is abandoned.
42 (2) The property shall be maintained free of graffiti or similar markings by removal or
43 painting over with an exterior grade paint that matches the color of the exterior structure.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\Property_Registration(2)_-_Ordinance.doc
9
1 (3) Front, side and rear yard landscaping shall be maintained in accordance with the
2 City's Code of Ordinances at the time registration was required.
3 (4) Landscape shall include, but not be limited to, grass, ground covers,bushes, shrubs,
4 hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically
5 for residential installation. Landscape shall not include weeds, gravel, broken concrete,
6 asphalt or similar material.
7 (5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and
8 mowing of required landscape and removal of all trimmings.
9 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants
1 0 and debris. Pools and spas shall comply with the enclosure requirements of this code and the
11 Florida Building Code, as amended from time to time.
12 (7) Failure of the mortgagee and/or property owner of record to properly maintain the
13 property may result in a violation of this code and issuance of a citation or notice of
14 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and
15 determination by the City's Code Compliance Board, the City may take the necessary action
16 to ensure compliance with this section.
17 (k) Security requirements.
18 (1) Properties subject to this section shall be maintained in a secure manner so as not to
19 be accessible to unauthorized persons.
20 (2) A secure manner shall include,but not be limited to, the closure and locking of
21 windows, doors, gates and other openings of such size that may allow a child to access the
22 interior of the property and/or structure. Broken windows shall be secured by re-glazing.
23 (3) A local property management company shall be contracted to perform bi-weekly
24 inspections to verify compliance with the requirements of this section, and any other
25 applicable laws.
26 (4) The property shall be posted with the name and twenty-four(24) hour contact phone
27 number of the local property management company. The posting shall be no less than an
28 eight-inch-by-ten-inch sign. The posting shall contain the following language:
29 THIS PROPERTY IS MANAGED BY:
30 (Name of property management company)
31 TO REPORT PROBLEMS OR CONCERNS CALL:
32 (Telephone number of property management company)
33 The posting shall be placed on the interior of a window facing the street to the front of the
34 property so it is visible, or secured to the exterior of the building/structure facing the street to
35 the front of the property so it is visible, or if no such area exists, on a stake of sufficient size to
36 support the posting in a location as close as possible to the main door entrance of the property.
37 Exterior posting shall be constructed of and printed with weather-resistant materials.
38 (5) The local property management company shall inspect the property on a bi-weekly
39 basis to ensure that the property is in compliance with this section. Upon the request of the
40 City or its authorized representative,the local property management company shall provide a
41 copy of the inspection reports to the Code Compliance Department.
I 42 (6) Failure of the Mmortgagee and/or property owner of record to properly maintain the
43 property may result in a violation of this code and issuance of a citation or notice of
44 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and
45 determination by the City's Code Compliance Board,the City may take the necessary action
46 to ensure compliance with this section.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IES\SATNOEVN\Property_Regi stration(2)_-_Ordinance.doc
9
(1) Opposing, obstructing enforcement officer;penalty. Whoever opposes, obstructs or
2 resists any City officer or any person authorized by the City in the discharge of duties as
3 provided in this section, shall,upon conviction, be punished as provided herein.
4 (m) Immunity of Code Compliance Officer. Any Code Compliance Officer, or any person
5 authorized by the City to act pursuant to the City's Code of Ordinances or state law, shall be
6 immune from prosecution, civil or criminal, for reasonable, good faith trespass upon Rreal
7 Pproperty while in the discharge of duties imposed by this section.
8 (n) Additional authority. The City's Code Compliance Administrator, his/her designee, or
9 the City's authorized representative shall have authority to require the Mortgagee and/or
0 owner of record of any property affected by this section,to implement additional maintenance
11 and/or security measures, including but not limited to, securing any and all doors, windows or
12 other openings, employment of an on-site security guard, or other measures as may be
13 reasonably required to help prevent further decline of the property.
14 (o) Adoption of rules; expenditure of funds; declaration of municipal purpose. The City
15 Manager, consistent with his/her duties and authorities under the City Charter, including those
16 duties and authorities relating to emergency situations, is authorized and empowered to adopt
17 rules and regulations and expend City funds as may be reasonably necessary and available to
18 carry out the terms of this section,the expenditure of such funds being declared a proper
19 municipal purpose.
20 (p)Severability. It is hereby declared to be the intention of the City that the sections,
21 paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase,
22 clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by
23 the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
24 shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of
25 this ordinance.
26
27 Section 3. All Ordinances or parts of Ordinances,Resolutions or parts of Resolutions
28 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
29 Section 4. If any clause, section, or other part or application of this Ordinance shall
30 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
31 unconstitutional or invalid part or application shall be considered as eliminated and so not
32 affecting the validity of the remaining portions or applications remaining in full force and effect.
33 Section 5. This Ordinance shall become effective on passage.
34
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\Property_Registration(2)_-_Ordinance.doc
9
1 FIRST READING this 1st day of May, 2018.
2
3407
SECOND,FINAL READING AND PASSAGE this - day of vt r ,
4 2018.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8 YES NO
9 Mayor—Steven B. Grant
10
11 Vice Mayor—Christina L. Romelus
12
13 Commissioner—Mack McCray
14
15 Commissioner—Justin Katz
16
17 Commissioner—Joe Casello
18
19 _
20 VOTE D
21 ATTEST:
22
23 , >
1111, 24 Jul!th A. Pyle, C a C
25 C', Clerk
26
27 (Corporate Seal)
:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
I iles\Content.IE5\SATNOEVN\Property_Registration_-_Ordinance.doc
8