SUNRISE, FLORIDA
ORDINANCE NO. 532-12-A
AN ORDINANCE OF THE CITY OF SUNRISE,
FLORIDA,
AMENDING
CHAPTER
17
“MINIMUM
HOUSING AND PROPERTY MAINTENANCE CODE;”
ARTICLE III “ABANDONED RESIDENTIAL PROPERTY
REGISTRY;”
BY
AMENDING
SECTION
17-26
“PURPOSE
AND
INTENT;
SUPPLEMENTARY
PROVISIONS;” SECTION 17-27 “DEFINITIONS;”
SECTION
17-28
“RESPONSIBILITIES
OF
FORECLOSING
MORTGAGEE;”
SECTION
17-29
“REGISTRATION
OF
ABANDONED
RESIDENTIAL
PROPERTY;”
SECTION
17-30
“POSTING
AND
INSPECTION
OF
ABANDONED
RESIDENTIAL
PROPERTY;”
SECTION
17-31
“MAINTENANCE
REQUIREMENTS AND REMEDIES;” AND SECTION 1733 “GRANTING IMMUNITY FROM PROSECUTION TO
CODE
ENFORCEMENT
OFFICER,
OTHER
CITY
EMPLOYEES AND CITY AGENTS;” TO EXPAND THE
FORECLOSURE REGISTRY TO INCLUDE COMMERCIAL
BUILDINGS AND LOTS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CITY CODE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on January 25, 2011 the City Commission enacted
the Abandoned Residential Property Registry which addressed
vacant single and multi-family dwellings; and
WHEREAS,
the
City
wishes
to
expand
the
foreclosure
registry to include commercial buildings, structures and lots
which are vacant;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNRISE, FLORIDA:
KAKRG0501
scored through words are deletions
underscored words are additions
1
C12112
ORDINANCE NO. 532-12-A
Section 1.
The foregoing Whereas clauses are hereby
ratified and incorporated as the legislative intent of this
Ordinance.
Section 2.
That chapter 17, article III of the Code
of the City of Sunrise, Florida, is hereby amended to read as
follows:
ARTICLE III. – ABANDONED RESIDENTIAL PROPERTY REGISTRY
Section 3.
That section 17-26 of the Code of the City
of Sunrise, Florida, is hereby amended as follows:
Sec. 17-26. - Purpose and intent; supplementary provisions.
(a) It is the purpose and intent of the city to specifically
establish an abandoned residential property registry program
as a mechanism to protect residential neighborhoods from
becoming blighted through the lack of adequate maintenance and
security of abandoned residential properties. All such
abandoned residential property registration shall take place
upon a form for registration to be provided by the city.
(b) The provisions and procedures contained in this article
shall be considered cumulative and in addition to and
supplemental
to
any
other
remedies
now
existing
or
subsequently available to the city above, including but not
limited to those set forth in the City's Code, County's Code,
the South The Florida Building Code, and state and federal
statutes.
Section 4.
That section 17-27 of the Code of the City
of Sunrise, Florida, is hereby amended to read as follows:
Sec. 17-27. - Definitions.
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
KAKRG0501
scored through words are deletions
underscored words are additions
2
C12112
ORDINANCE NO. 532-12-A
Abandoned residential property means (a) any vacant building
or (b) any lot showing evidence of distress located in any
zoning district.
Building means any structure that is enclosing a space used
for sheltering any occupancy. The term "building" shall
include single or multifamily dwellings, commercial buildings
and vacant structures, whether occupied or not.
Evidence of distress means any condition that on its own or
combined with other conditions present would lead a reasonable
person to believe that a lot is neglected, abandoned or
otherwise not being regularly maintained.
Such conditions
include, but are not limited to:
a repeat violation of any
provision of this Code, as defined in F.S. § 162.04(5);
overgrown and/or dead vegetation; the accumulation of trash,
junk and/or debris; the accumulation of newspapers, circulars,
flyers, and/or mail; the presence of unsanitary conditions; or
unclaimed notices posted pursuant to F.S. § 162.12.
Foreclosing mortgagee means any individual or entity holding a
mortgage secured by a building or lot located within the city
who has filed a notice of lis pendens pursuant to F.S. § 48.23
in an action to foreclose such mortgage on real property.
Lot means any parcel of land not containing a building or
structure.
Residential property means any building located in any zoning
district within the city.
Vacant building means any building being without lawful
tenant, or lawful occupant or without a certificate of
occupancy.
Section 5.
That Section 17-28 of the Code of the City
of Sunrise, Florida, is hereby amended to read as follows:
Sec. 17-28. - Responsibilities of foreclosing mortgagee.
All foreclosing mortgagees of abandoned residential properties
shall comply with the requirements of this article.
Section 6. That section 17-29 of the Code of the City of
Sunrise, Florida, is hereby amended to read as follows:
KAKRG0501
scored through words are deletions
underscored words are additions
3
C12112
ORDINANCE NO. 532-12-A
Sec. 17-29. - Registration of abandoned residential property.
(a) Any foreclosing mortgagee who holds a mortgage on a
building or lot within the city shall perform an inspection of
the residential property that is the security for the
mortgage, upon default by the mortgagor, prior to the filing
of a notice of lis pendens and/or the issuance of a notice of
default of the mortgage. If the building is found to be vacant
or if the lot shows evidence of distress, it shall be deemed
abandoned and the foreclosing mortgagee shall, within ten (10)
days of the inspection, register the abandoned residential
property with the city's code enforcement manager, or his or
her designee, on a form provided by the city. A registration
is required for each abandoned residential property.
(b) If the residential building property is occupied but
remains in default, it shall be inspected by the foreclosing
mortgagee or his designee monthly until (1) the mortgagor or
other party remedies the default, or (2) the building is found
to be vacant at which time it is deemed abandoned residential
property, and the foreclosing mortgagee shall, within ten (10)
days of the inspection that determines the property is
abandoned
residential
property,
register
the
abandoned
residential property with the city's code enforcement manager,
or his or her designee, on a form provided by the city.
(c) Registration pursuant to this section shall contain:
(1) The address and parcel control number of the abandoned
residential property;
(2) The name of the foreclosing mortgagee, the direct
mailing address of the mortgagee, a direct contact
representative of the mortgagee and telephone number for
that representative, facsimile number and e-mail address
and, in the case of a corporation or out-of-area mortgagee,
the local property management company responsible for the
security and maintenance of the property.
(3) For purposes of notice, the name, telephone number,
mailing address, and e-mail address of an individual or
entity designated by the foreclosing mortgagee who has the
authority to make decisions concerning the correction of
violations and the abatement of nuisance conditions at the
abandoned residential property, as well as any expenditure
in connection therewith;
KAKRG0501
scored through words are deletions
underscored words are additions
4
C12112
ORDINANCE NO. 532-12-A
(4) The city reserves the right to require such other
information as needed to carry out the public purpose and
intent of this article.
(d) A nonrefundable annual registration fee in the amount of
one hundred fifty dollars ($150.00), per abandoned residential
property, shall accompany the registration form(s); the annual
registration fee shall correspond to the fiscal year of the
city and renewal of the registration shall be performed prior
to October 1st of any year; the renewal of the registration
with its accompanying fee shall be the responsibility of the
foreclosing mortgagee and a failure to timely renew shall be
subject to code enforcement action as provided in Chapter 2 of
the Code of Ordinances for the City of Sunrise, and as
pursuant to F.S. Ch. 162.
(e) Any foreclosing mortgagee that has registered an abandoned
residential property under this section must report any change
of information contained in the registration within ten (10)
days of the change to the city's code enforcement manager or
designee.
(f) Amendment of registration; non-transferability. If any of
the information required by this section changes, the
foreclosing mortgagee shall file an amended registration form
within thirty (30) days of such change. Any notice of
violation or legal process which has been delivered or served
prior to the receipt by the city of an amended registration
form shall be deemed effective service. Registration pursuant
to this section shall not be transferable.
(g) Applicability. Registration pursuant to this section
shall be required for so long as the building is vacant or the
lot shows evidence of distress. Any action or case initiated
pursuant to this section may be presented to the special
magistrate, unsafe structures board, court, or other entity
with jurisdiction even if, prior to a hearing, the building is
no longer vacant, the lot no longer shows evidence of
distress, or the violation has been remedied.
Section 7.
That section 17-30 of the Code of the City
of Sunrise, Florida, is hereby amended to read as follows:
KAKRG0501
scored through words are deletions
underscored words are additions
5
C12112
ORDINANCE NO. 532-12-A
Sec. 17-30. - Posting and inspection of abandoned residential
property.
(a) If the abandoned residential property is owned by a
corporation and/or out of area foreclosing mortgagee, a local
property management company shall be contracted by the
foreclosing mortgagee to perform bi-weekly inspections to
verify compliance with the requirements of this section, and
any other applicable laws.
(b) The abandoned residential property shall be posted with the
name, address and twenty-four-hour contact phone number of the
local property management company. The posted sign shall be no
less than eight (8) inches by ten (10) inches or any larger
than four (4) square feet. All written information thereupon
shall be clear, legible and updated as required. The posting
shall contain the following language:
THIS PROPERTY IS MANAGED BY:
NAME & ADDRESS
TO REPORT PROBLEMS OR CONCERNS CALL: DIRECT PHONE NUMBER
The posting shall be placed on the interior of a window
facing the street to the front of the property so it is
visible,
or
secured
to
the
exterior
of
the
building/structure facing the street to the front of the
property so it is visible or, if no such area exists, on a
stake of sufficient size to support the posting in a
location as close as possible to the main door entrance of
the property. Exterior posting shall be constructed of and
printed with weather-resistant materials.
(c) The local property management company shall inspect the
abandoned residential property on a bi-weekly basis to ensure
that it is in compliance with this article. Upon the request
of the city, the local property management company shall
provide a copy of the inspection reports to the code
enforcement division.
(d) Failure of the foreclosing mortgagee to properly maintain
the abandoned residential property is a violation of the City
Code.
Section 8.
That section 17-31 of the Code of the City
of Sunrise, Florida, is hereby amended to read as follows:
KAKRG0501
scored through words are deletions
underscored words are additions
6
C12112
ORDINANCE NO. 532-12-A
Sec. 17-31. - Maintenance requirements and remedies.
(a) Abandoned residential properties subject to this article
shall be maintained in accordance with the City Code and in a
secure manner, including but not limited to the following
sections:
(1) Section 9-1, Nuisance.
(2) Section 9-31(a)(1), Debris.
(3) Section 9-31(a)(3), Overgrown grass.
(4) Section 9-31(b)(1),
structurally sound.
Building
or
structure
shall
be
(5) Section 9-36(c)(5), Graffiti.
(6) Section 17.12(a), Pool water sanitary.
(7) Section 17.12(d), Maintenance of safety barriers.
(8) Section 16-191(c)(1), Hedge height.
(9) Section 16-191(d)(7), Fence maintenance.
(10)Section 17-12(3), Weathertight and rodent proof.
(b) Failure of the foreclosing mortgagee to properly maintain
the abandoned residential property may result in the city
utilizing one (1) or more of the following remedies: a
violation of the City Code and issuance of a citation or
notice of violation/notice of hearing by a city enforcement
officer; abatement of nuisances on property in accordance with
Chapter 9 of the City's Code, in an action of the unsafe
structures board pursuant to the City's Code and the South The
Florida Building Code, and in the application of any other
remedy or legal proceeding available to the city. Pursuant to
a finding and determination by the city's special magistrate,
the city may take the necessary action to ensure compliance
with this section.
(c) In any instance where the city takes action, the city
shall provide the registered foreclosing mortgagee with the
same notice as the property owner. Failure to comply with the
requirements of the notice shall be unlawful and shall be
subject to penalty as provided in section 1-15, Chapters 2 and
9 of the Code, F.S. Ch. 162, and the Florida Building Code.
KAKRG0501
scored through words are deletions
underscored words are additions
7
C12112
ORDINANCE NO. 532-12-A
Section 9.
That section 17-33 of the Code of the City
of Sunrise, Florida, is hereby amended to read as follows:
Sec. 17-33. - Granting immunity from prosecution to code
enforcement officer, other city employees and city agents.
Any code enforcement officer, other city employee or city
agents authorized by the city manager or City Code, shall be
immune from prosecution, civil or criminal, for reasonable,
good faith entry upon the subject abandoned residential
property while in the discharge of duties imposed by this
article.
Section
ordinances,
sections,
10.
all
and
Conflict.
City
all
Code
All
ordinances
sections
resolutions
or
or
parts
parts
of
or
parts
of
City
of
Code
resolutions
in
conflict with this Ordinance are hereby repealed to the extent
of such conflict.
Section 11. Severability. Should any provision of this
Ordinance be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the
ordinance as a whole, or any part thereof, other than the part
declared to be invalid.
Section
12.
Inclusion
in
the
City
Code.
It
is
the
intention of the City Commission, and it is hereby ordained
that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Sunrise, Florida.
KAKRG0501
scored through words are deletions
underscored words are additions
8
C12112
ORDINANCE NO. 532-12-A
Section
13.
Effective
Date.
This
Ordinance
shall
be
effective immediately upon its passage.
PASSED AND ADOPTED upon this first reading this 8TH DAY
OF MAY, 2012.
PASSED AND ADOPTED upon this second reading this 22ND DAY
OF MAY, 2012.
__________________________
Mayor Michael J. Ryan
Authentication:
FIRST READING
______________________
Felicia M. Bravo
City Clerk
SECOND READING
MOTION:
SECOND:
ALU
SCUOTTO
MOTION:
SECOND:
ALU
ROSEN
ALU:
ROSEN:
SCUOTTO:
SOFIELD:
RYAN:
YEA
ABSENT
YEA
YEA
YEA
ALU:
ROSEN:
SCUOTTO:
SOFIELD:
RYAN:
YEA
YEA
YEA
YEA
YEA
Approved by the City Attorney
As to Form and Legal Sufficiency. _________________________
Kimberly A. Kisslan
KAKRG0501
scored through words are deletions
underscored words are additions
9
C12112
ORDINANCE NO. 532-12-A