2021-O-29 - Chapter 12ORDINANCE NO. 2021-0-29
AN ORDINANCE AMENDING CHAPTER 12 (OFFENSES
AND MISCELLANEOUS PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA; TO
INCLUDE ARTICLE VII (REGISTRATION OF REAL
PROPERTY IN FORECLOSURE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
The City of Edgewater finds that properties with defaulted mortgages, properties
that are subject to foreclosure action or have been foreclosed upon and vacant properties are
often not properly maintained which contributes to blight, declined property values, has a
negative impact on social perception of the areas where they are located, creates nuisances,
creates conditions that invite criminal activity and foster an unsafe and unhealthy environment.
2. The City of Edgewater finds that the conditions identified above negatively
impact the City and the City has a significant interest in ensuring that properties in default are
managed and do not become blighted.
3. The City of Edgewater finds that properties in default are a nuisance to the City
when vacant and that it is in the interest of the public health, safety and welfare of the residents
of the City to require that such properties be registered and maintained.
4. It is necessary for the preservation and enhancement of the public health, safety and
welfare and in the best interest of the city and its citizens to amend Chapter 12 (Offenses and
Miscellaneous Provisions), of the Code of Ordinances to include Article VII (Registration of
Real Property in Foreclosure).
Sts-sk thFau t} passages are deleted.
Underlined passages are added.
#2021-0-29
5. It is the intent of the City Council to establish a process to address the deterioration,
crime, and decline in value of City neighborhoods caused by property with foreclosing or
foreclosed mortgages located within the City and to identify, regulate, maintain, limit and
reduce the number of these properties located within the City.
6. The establishment of a registration program will be a mechanism to help protect
neighborhoods from becoming blighted through the lack of adequate maintenance of
properties that are in Foreclosure or Foreclosed, and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling of property Owners.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), BY ADDING ARTICLE VII
(REGISTRATION OF REAL PROPERTY IN FORECLOSURE) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 12 (Offenses and Miscellaneous Provisions), is amended to add Article VII
(Registration of REAL PROPERTY IN FORECLOSURE) pursuant to Exhibit "A", which is
attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
Sir-uek-threagkf passages are deleted. 2
Underlined passages are added.
#2021-0-29
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
1J11'Aa�E1oil) WICOW
After Motion to approve by Councilwoman Power, with Second by Councilman Powers,
the vote on the first reading of this ordinance held on, June 7, 2021, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
t#feagh passages are deleted. 3
Underlined passages are added.
#2021-0-29
After Motion to approve kap � ,:�`�"�� l' twtt� � � with Second by
tt '.t the vete ran the second
reading of this ordinance held on July 12, 2021, was as follows:
AYE NAY
Mayor til<e `rhoma
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
�;».. Councilman Jonah Powers
w`
PXSSED AND 1)LTLY ADOPTED this 12`" day of July, 2021.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, F +C RIDA
,
r
ry
Bonnie Brown, C1ViC MiTh0 ,
Cite Clerk Mayor
For the use and reliance only by the City of Edgewater. Approved by the City Council of the City of Edgewater
Florida Approved as to form and legality by: at a meeting held on this 12"' day of July, 2021 under
Aaron R. Wolfe, Esquire Agenda Item No 8
City Attorney
Moran, Sims, Wolfe & kaon
Stru li th -oug , passages are deleted_
Underlined passages are added.
92021-0-29
EXHIBIT "A"
Sec. 12-108 — 12-110. — Reserved
ARTICLE VII. - REGISTRATION OF PROPERTIES IN FORECLOSURE
Sec. 12-111. - PURPOSE AND INTENT.
It is the purpose and intent of the Council to establish a process to address the deterioration,
crime, and decline in value of City neighborhoods caused by property with foreclosing or
foreclosed mortgages located within the City, and to identify, regulate maintain, limit and
reduce the number of these properties located within the City. It has been determined that
Owner -occupied structures are generally better maintained when compared to vacant structures,
even with a diligent off-site property Owner. Structures owned by individuals who are
economically strained and unable to meet their mortgage obligations are often not properly or
diligently maintained, which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are located. It is the Council's
further intent to establish a registration program as a mechanism to help protect neighborhoods
from becoming blighted through the lack of adequate maintenance of properties that are in
Foreclosure or Foreclosed, and to provide a mechanism to avert foreclosure actions through
timely intervention, education, or counseling of property Owners.
Sec. 12-112. — DEFINITIONS.
The following words, terms, and phrases, when used in this Article shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Default shall mean that the mortgagor has not complied with the terms of the mortgage on the
property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
Enforcement Officer shall mean any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire marshal, fire safety inspector, building insRqctor, or other person
authorized b the he City to enforce the applicable code(s).
Evidence of Vacancy shall mean any condition that on its own, or combined with other
conditions present, would lead a reasonable person to believe that the property is vacant. Such
conditions may include, but are not limited to: overgrown and/or dead vegetation; past due
Utility notices and/or disconnected Utilities; accumulation of trash, junk or debris; abandoned
vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent
with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the
accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by,,
deliverLgents or government agents, and/or the presence of boards over doors, windows or
other openings in violation of applicable code.
Foreclosure or Foreclosure Action shall mean the legal process by which a Mortgagee, or other
lien holder, terminates or attempts to terminate a property Owner's equitable right of redemption
Stack-thsft4 passages are deleted.
Underlined passages are added.
#2021-0-29
to obtain legal and equitable title to the Real Property pledged as security for a debt or the Real
Property subject to the lien. The legal process is not concluded until the property obtained by the
Mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a
non -related bona fide purchaser in an arm's len h transaction to satisfy the debt or lien.
Mortgazee shall mean the creditor, including but not limited to, trustees, mortgage servicing
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, or any other person or entity with the legal right to foreclose on the Real
Property, excluding governmental entities as assignee or owner.
Owner shall mean everyperson, entity, or Mortgagee, who alone or severally with others, has
legal or equitable title to any Real Property as defined by this Article, has legal care, charge, or
control of an, such grope , ; is in possession or control of an, such uch property; and/or is vested
with possession or control of any such property. The Property Manager shall not be considered
the Owner.
fropgM Manager shall mean any party designateds by the Owner as responsible for inspecting,
maintaining and securing the 12rol2eqy as required in this Article.
Real Property shall mean any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof identified by a property parcel
identification number, located in the City limits.
Registrable Property shall mean any Real Property located in the City, whether vacant or
occupied, that is subject to an ongoing Foreclosure Action by the Mortgagee or Trustee, has been
the subject of a Foreclosure Action by a Mortgagee or Trustee and a judgement has been entered,
or has 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. The designation of a "foreclosure" property as "registrable" shall remain in
glace until such time as the property is sold to a non -related bona fide purchaser in an arm's
length transaction or the Foreclosure Action has been dismissed.
Registry shall mean a web -based electronic database of searchable real property records, used by
the City to allow Mortgagees the opportunity to register properties and pay applicable fees as
required in this Article.
Semi Annual Registration shall mean six (6) months from the date of the first action that requires
registration, as determined by the City, or its designee, and ever, sy ubsequent six (6) months the
propertis s Registrable. The date of the initial registration may be different than the date of the
first action that required registration.
Utilities and Services shall mean any utility and/or service that is essential for a buildin to o be
habitable and/or perform a service necessary to comply with all City codes. This includes, but is
not limited to, electricity, gas, water, sewer, lawn maintenance, and pool maintenance.
Struiric t#m"h passages are deleted.
Underlined passages are added.
#2021-O-24
Vacant shall mean any parcel of land in the City that contains any building; or structure that is not
lawfullypied.
Sec. 12-113. - APPLICABILITY AND JURISDICTION.
This Article applies to Foreclosing or Foreclosed property within the City.
Sec. 12-114. - ESTABLISHMENT OF A REGISTRY.
Pursuant to the provisions of Section 12-115 the City, or its designee, shall establish a registry
cataloging each Registrable Property within the City, containing the information required by this
Article.
Sec. 12-115. - INSPECTION AND REGISTRATION OF REAL PROPERTY IN
FORECLOSURE
(a) Any Mortgagee who holds a mortgage on Real Property located within the City shall
perform an inspection of the propertyupon default b the he mortgagor as evidenced by the
filing of a Foreclosure Action.
(b) Property inspected pursuant to subsection (a) above that remains in Foreclosure, shall be
inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an
inspection shows a change in the property's occupancy status the Mortgagee shall, within
ten ( I OLays of that inspection, update the occupancy status of the property registration.
(c) Within ten (10) days of the date any Mortgagee files a Foreclosure Action, the Mortgagee
shall register the Real Property with the City Registry, and, at the time of registration,
indicate whether the property is Vacant, and if so shall designate in writing -a Property
Manager to inspect, maintain and secure the Real Property subject to the mortgage in
Foreclosure when legally possible. A separate registration is required for each Registrable
PropeM.
(d) Initial registration pursuant to this section shall contain at a minimum the name of the
Mortgagee, the mailing address of the Mortgagee, e-mail address, telephone number and
name of the Property Manager and said person's address, e-mail address, and telephone
number, regardless of whether it is occupied or vacant.
(e) At the time of initial registration each registrant shall pay a non-refundable Semi -Annual
Registration fee, contained in the appropriate fee resolution, as may be amended, for each
Registrable Property. Subsequent non-refundable Semi -Annual Registrations of
properties and fees, contained in the appropriate fee resolution, are due within ten (10)
days of the expiration of the previous registration.
(f) If the mortgage and/or servicing on a property is sold or transferred, the new Mortgagee
is subject to all the terms of this Article. Within ten (10) days of the transfer, the new
Mortgagee shall register the property or update the existing registration. The previous
Mortgagee(s) will not be released from the responsibilit roof paying all previous unpaid
Strueli thFough passages are deleted.
Underlined passages are added.
#2021-0-29
fees, fines, and penalties accrued during that Mortgagee's involvement with the
Registrable Property_
(g) If the Mortgagee sells or transfers the Registrable Property in a non -arm's length
tthh
transaction to a related entity or person, the transferee is subject to all the terms of this
Article. Within ten (10) days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees, fines, and penalties,
regardless of who the Mortgagee was at the time registration was required, including but
not limited to unregistered periods during the Foreclosure process, are the responsibility
of the transferee and are due and payable with the updated registration. The previous
Mortgagee will not be released from the responsibility of paving all previous unpaid fees,
fines, and penalties accrued during that Mortgagee's involvement with the Registrable
Property.
(h) If the Foreclosing or Foreclosed Property is not registered, or the registration fee is not
paid within thirty (30) days of when the registration or renewal is required pursuant to
this section, a late fee equivalent to ten percent (10%) of the Semi -Annual Registration
fee shall be charged for every thirty -day period (30), or portion thereof, the property is
not registered and shall be due and payable with the registration.
(i) This section shall also apply to properties that have been the subject of a foreclosure sale
where title is transferred to the Mortgagee as well as any properties transferred to the
Mortgagee under a deed in lieu of foreclosure or by any other legal means.
0) Properties subject to this section shall remain subiect to the Semi -Annual Registration
requirement, and the inspection, security, and maintenance standards of this section as
long as the property remains Registrable.
(k) Failure of the Mortgagee and/or property Owner of record to properly register or to
modifytgistration to reflect a change of circumstances as required by this ordinance
is a violation of this Article and shall be subject to enforcement by any of the
enforcement means available to the City.
(1) If any property is in violation of this Article the City may take the necessary action to
ensure compliance with and/or place a lien on the property for the cost of the outstanding
obligation and any additional cost incurred to the property into compliance.
(m) Registration of foreclosure property does not alleviate the Mortgagee and/or Owner from
obtainingall ll required licenses, permits and inspections required by applicable code or
State Statutes. Acquisition of required licenses, permits and inspections or registration of
rental property does not alleviate the requirement for the property to be registered under
this section. Mortgagee and/or Owner is expected to update the status of the property in
the event of a Mortgagee managed rental.
Stfueli thmuo passages are deleted.
Underlined passages are added.
#2021-0-29
Sec. 12-116. - MAINTENANCE REQUIREMENTS.
(a) Properties subject to this Article shall be kept free of weeds, overgrown brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspaper
circulars, flyers, notices, except those reguired by federal, state or local law, discarded
personal items including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance that the property
is abandoned.
(b) Registrable Property shall be maintained free of graffiti or similar markings by removal
or painting over with an exterior grade _paint that matches the color of the exterior
structure.
(c) Front, side, and rear yards, including landscaping, of Registrable Property shall be
maintained in accordance with the applicable code(s) at the time registration is required.
(d) Registrable yard maintenance shall include, but not be limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod.
Acceptable maintenance of ,yards and/or landscape shall not include weeds,rg avel,
broken concrete, asphalt or similar material.
(e) Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing
of required ,ground cover or landscale and removal of all trimmings.
(f) Pools and spas of shall be maintained so the water remains free and clear of pollutants
and debris and shall comply with the regulations set forth in the applicable code(s).
(g) Failure of the Mortgagee, Owner, and transferees to properly maintain the property as
required by this Article may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable code of the City.
Pursuant to a finding and determination b the Special Magistrate or a court of competent
jurisdiction, the City may take the necessary action to ensure compliance with this
section.
(h) In addition to the above, the property is required to be maintained in accordance with the
applicable code(s) of the City.
Sec. 12-117. - SECURITY REOUIREMENTS.
Properties subject to this Article shall be maintained in a secure manner so as not to be accessible
to unauthorized persons.
(a) A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, gates and other openings of such size that may allow a child to access
the interior of the property or structure. Broken windows, doors, gates, and other
openings of such size that may allow a child to access the interior of the property or
&Fadi-thFOUg# passages are deleted.
Underlined passages are added.
#2021-0-24
structure must be repaired. Broken windows shall be secured by re -glazing of the
window.
(b) If a property is Registrable, and the property has become vacant or blighted, a Property
Manager_ shall be designated by the Mortgagee or Owner to perform the work necessary
to bring the 1roperty into compliance with the applicable code(s), and the Property
Manager must perform regular inspections to verify compliance with the reguirements of
this Article, and any other applicable laws.
(c) In addition to the above, the property is reguired to be secured in accordance with the
applicable code(s) of the Cites
(d) When a property subject to this Article becomes vacant, it shall be posted with the name
and twenty-four (24) hour contact telephone number of the Property_ Manager. The
Property Manager shall be available to be contacted by the City Monday through Friday
between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a
window facing the street and shall be visible from the street. The posting shall be no less
than eighteen Q8 inches by twenty-four (24) inches and shall be of a font that is legible
from a distance of forty-five (45) feet. The posting shall contain the following language
with supporting information:
THIS PROPERTY IS MANAGED BY
AND IS
INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED BY
TELEPHONE AT OR BY
EMAIL AT
(e) The posting reguired in subsection (d) above shall be placed on the interior of a window
facing the street to the front of the property so that it is visible from the street, or secured
to the exterior of the building/structure facing the street to the front of the property so that
it is visible from the street or if no such area exists, on a stake of sufficient size to support
the posting in a location that is at all times visible from the street to the front of the
property but not readily accessible to vandals. Exterior Rosting shall be constructed of
and printed with weather -resistant materials.
(f) Failure of the Mortgagee and/or property Owner of record to properly inspect and secure
a propegy subiect to this Article, and post and maintain the signage noted in this section,
is a violation and shall be subject to enforcement by any of the enforcement means
available to the City. The City may take the necessaryaction to ensure compliance with
this section, and recover costs and expenses in support thereof.
Sec. 12-118. - PROVISIONS SUPPLEMENTAL.
The provisions of this Article are cumulative with and in addition to other available remedies.
Nothing contained in this Article shall prohibit the City from collecting on fees, fines, and
&R-mk thFafth passages are deleted. 10
Underlined passages are added.
#2021-0-29
penalties in any lawful manner; or enforcing its codes by any other means, including, but not
limited to, injunction, abatement, or as otherwise provided by law or ordinance.
Sec. 12-119. - PUBLIC NUISANCE.
All Registrable Property is at risk of being�a public nuisance and if vacant or blighted can
constitute a public nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare, and safety of the residents of the City_
Sec. 12-120. - ADDITIONAL AUTHORITY.
(a) If the Enforcement Officer has reason to believe that a property subject to the provisions
of this Article is posing a serious threat to the public health, safety, and welfare, the
Enforcement Officer may temporarily secure the property at the expense of the
Mortgagee or Owner, and may bring the violations before the special magistrate as soon
as possible to address the conditions of the property. Nothing herein shall limit the City
from abating any nuisance or unsafe condition by any other legal means available to it.
(b) The Enforcement Officer shall have the authorityto require the Mortgagee or Owner
affected by this section, to implement additional maintenance and/or security measures
including, 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 help prevent further decline of the property,
(c) If there is a finding that the condition of the property is posing a serious threat to the
public health, safety, and welfare then the special magistrate may direct the City to abate
the violations and charge the Mortgagee or Owner with the cost of the abatement.
(d) If the Mortgagee or Owner does not reimburse the City_ for the cost of temporarily
securing the property, or of any abatement directed by the enforcement officer or special
magistrate, within thirty (30) days of the City sending the Mortgagee or Owner the
invoice then the City may lien the property with such cost, along with an administrative
fee as determined in the City's fee ordinance to recover the administrative personnel
services. In addition to filing a lien the City may12ursue financial penalties against the
Mortgagee or Owner.
(e) The City may contract with an entity to implement this Article, and, if so, any reference
to the Enforcement Officer herein shall include the entily the City contracts with for that
12uEpose.
Sec. 12-121. - OPPOSING OBSTRUCTING ENFORCEMENT OFFICER• PENALTY
Whoever opposes, obstructs or resists any Enforcement Officer or any_person authorized by the
enforcement office in the discharge of duties as provided in this Article shall be punishable as
provided in the applicable codefs) or a court of competent jurisdiction.
Str��^'�� passages are deleted. 11
Underlined passages are added.
#2021-0-29
Sec. 12-122. - IMMUNITY OF ENFORCEMENT OFFICER.
Any Enforcement Officer or any person authorized by the City to enforce the sections here
within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon
Real Property while in the discharge of duties imposed by this Article.
Sec. 12-123. —PENALTIES.
Unless otherwise provided for in this Article, a violation of this Article is declared unlawful. A
violation of this Article shall be enforced as outlined in Chapter 10, Article XXVIL or any
other means available as provided by City ordinance or by state law.
Sec. 12-124. —AMENDMENTS.
Registration fees and penalties outlined in this Article may be modified by resolution,
administrative order, or an amendment to this Article passed and adopted by the Council.
StFUOk passages are deleted. 12
Underlined passages are added.
#2021-0-29