HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-014Temp Ord. No. 2164
October 7, 2008
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2008- 14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 13 THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES" BY SPECIFICALLY AMENDING,
SECTION 13-8, ENTITLED "ABANDONED PROPERTY",
PROVIDING FOR A MECHANISM WHEREBY THE CITY STAFF
MAY BETTER ADDRESS ABANDONED RESIDENTIAL PROPERTY
MATTERS LOCATED WITHIN THE CITY; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR NOTIFICATION PROCEDURES; PROVIDING
FOR REMOVAL OF ABANDONED PERSONAL PROPERTY;
PROVIDING FOR REGISTRATION OF ABANDONED REAL
PROPERTY; PROVIDING FOR MAINTENANCE REQUIREMENTS;
PROVIDING FOR SECURITY REQUIREMENTS; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the important for the City of Tamarac (hereinafter referred to as "the
City") to establish a process to address the increasing amount of abandoned real and
personal property within the City; and
WHEREAS, the City Commission recognizes an increase in the number of vacant
and abandoned properties located throughout the City; and
WHEREAS, the presence of vacant and abandoned properties can lead to decline
in property value, create attractive nuisances and lead to general decrease in
neighborhood and community aesthetic; and
WHEREAS, the current conditions of vacant and abandoned properties present a
serious threat to the public health and safety of the community; and
WHEREAS, the presence of vacant and abandoned properties may discourage
buyers from purchasing property within the City; and
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October 7, 2008
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WHEREAS, many vacant and abandoned properties are the responsibility of out-of-
state lenders and trustees who fail to adequately secure and maintain such properties; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City to amend Chapter 13 entitled
"Miscellaneous Offenses" Section 13-8 "Abandoned Property" of the City's Code of
Ordinances to better protect the City against the decay caused by vacant and abandoned
properties and to impose registration requirements on such properties located within the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: Chapter 13 entitled "Miscellaneous Offenses", Section 13-8,
entitled "Abandoned Property", is hereby amended to read as follows:
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October 7, 2008
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Chapter 13 "Miscellaneous Offenses"
Section 13-8. Abandoned property.
F.S. 705.101 et seq., which pertains to abandoned property, and which
provides a procedure for a rapid removal and destruction of such property, is
hereby adopted by reference as a part of this Code.
a Purpose and intent. It is the purpose and intent of this section to
establish a process to address the amount of abandoned personal and real
property located within the city. This section is further intended to s ecificall
establish an abandoned residential property program as a mechanism to
protect residential neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned properties.
b Definitions. The following words terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
(1) Abandonedpersonal property means property which has been left
abandoned and unprotected from the elements and shall include, but
not be limited to wrecked inoperative or partially dismantled trailers
boats machine refrigerators, washing machinesplumbing fixtures
furniture and any other similar article which has been left abandoned
and unprotected from the elements.
(2) Abandoned real pLoperty means any propertythat is vacant and is
under a current notice of default and/or notice of mortgagee's sale b
the lender or a pending tax assessors Lien sale and/or properties that
have been the subject of a foreclosure sale where the title was
retained by the beneficia of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure -or
sale.
(3) Accessible property means a property that is accessible through a
compromised/breached gate, fence, wall, etc.
(4) Accessible structure means a structure/building that is unsecured
and/or breached in such a way as to allow access to the interior
space by unauthorized persons.
(5) Enforcement officer means any full-time law enforcement officer,
building official code enforcement officer, fire inspector or building
inspector employed within the city_.
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(6) Evidence of vacancy means 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 not be limited to, overgrown and/or dead vegetation
accumulation of abandoned_ real property, as defined herein,
statements by neighbors, passers-by, delivery agents or government
agents, among other evidence that the property is vacant.
(7) Foreclosure means the process by which a property, placed as
security for a real estate loan, is sold at public sale to satisfy the debt
if the borrower defaults.
(8) Nominal salvage value means the value of an article of abandoned
or derelict property which a reasonably prudent person would believe
is the fair market value of the property, taking into consideration its
useful life, earning capacity or replacement cost, less depreciation
and items of general or special depreciation, would be nominally
greater than the costs of salvage including the removal
transportation, storage and sale of same.
(9) Private property means all _lands and improvements other than
public lands and improvements.
(10)---- Property management company means _a_ local property
manager, property maintenance company or similar entity, responsible
for the maintenance of abandoned real property_
(11) Public property meanscanals, all waterways, lands and
improvements owned by governmental body or any governmental
agency_ including but not limited to easements and rights -of -way, but
excluding the campus of any institution of the state university system.
(12) Residential building means any improved real property, or portion
thereof, situated in the city, designed or permitted to be used for
dwelling purposes. and shall include the buildinas and structures
located on such improved real property.
(13) Vacant means any building/structure that is not legally occupied.
(applicability. This section shall be considered cumulative and not
superseding_ or subject to any other law or provision for same, but shall
rather be an additional remedy available to the city above and beyond an
other state count and/or local provisions for same.
(d) Penalties. Any person who shall violate the provisions of this section
shall, upon conviction, be punished as provided in Section 1-13 of the Code
of Ordinances as. applicable.
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(e) Placement of abandoned personal property prohibited.
(1) It shall_ be unlawful for any person to abandon personal property
upon private property:
a Without such receiving property owner's consent; or
(b) In violation of -this or any other applicable law, ordinance or
regulation.
2 Nothing in this section shall be deemed to apply to abandoned
personal property authorized to be left on private business property
properly_ operated, licensed and zoned in the „city _for the purpose of
accepting abandoned property_
(f) Public nuisance. All abandoned personal property and abandoned real
property is hereby declared to be a public nuisance, .the . abatement of which
pursuant to the police powe_ r is hereby declared to be necessary for „the
health welfare and safety of the residents of the city.
Notification procedure. When an enforcement officer ascertains that an
article of personal property having nominal salvage value lies abandoned or
derelict upon private property, that officer shall:
(1) Cause a notice to be placed upon such abandoned property in the
substantially following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY
THIS PROPERTY, TO WIT:
(setting forth brief description)
LOCATED AT:
(setting forth brief description of location) is:
IMPROPERLY STORED AND IS IN VIOLATION OF
(setting forth ordinance or violation violated)
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October 7, 2008
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AND MUST BE REMOVED WITHIN ,FIVE (5) DAYS FROM THE
DATE OF THIS NOTICE; OTHERWISE IT SHALL BE PRESUMED
TO BE ABANDONED PROPERTY AND MAY BE REMOVED AND
SOLD OR DESTROYED BY ORDER OF THE CITY OF TAMARAC.
FLORIDA, DATED THIS:
(setting forth the date of posting of notice
SIGNED
(setting forth name, title, address and telephone number
of enforcement officer)
(2) Such notice shall be not less than eight (8) inches by ten (10)
inches and be sufficiently weatherproof to withstand normal exposure
to the elements.
(3)The enforcement officer shall make reasonable effort to ascertain
the name and address of the owner of the abandoned property and, if
such address is reasonably available, the officer shall mail by certified
mail a copy of the notice to the owner on or before the date of posting
the above -described notice on the abandoned personal property.
(4) The enforcement officer shall mail by certified mail a copy of the
above -described notice to the owner of the real property upon which
the abandoned personal property is located, as shown by the real
estate tax records as provided by the Broward _County Property
Appraiser's Office or any other address provide_ d to the local
government by such owner, on or before the date of posting such
notice.
(h) Removal of abandoned personal property.
(1) If at the end of five (5) days after posting notice_ under this section,
the owner or any person interested in such abandoned personal
property described in the notice has not removed same, the City may
seek an appropriate order from the special magistrate or Code
Enforcement Board and may subsequently cause the article of
abandoned personal property to be removed and destroyed, and the
salvage value, if any, of such article shall be retained by the city to be
applied against the cost of removal and destruction thereof.
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October 7, 2008
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(2) Before destruction, for abandoned property on public lands or
private lands, at the end of the five (5) day period of posting of such
notice, if the owner or person having interest in the property has not
removed the abandoned property from public or private property, or
shown reasonable cause for failure to do so, the city may cause the
property so described to be removed by a towing company who shall
cause the article or articles of abandoned property to be removed and
placed in storage if applicable with the local, state and federal
regulations. At the conclusion of the required storage, if the article is
not claimed, and if the salvage value is above one hundred dollars
one hundred dollars 100.00 the towing com an s all pay the city
the sum of twenty-five dollars ($25.00) or ten (10) percent of such
value whichever is greater, for the administrative costs in handling
with said article. If the article is claimed the city shall receive twenty-
five dollars 25.00 as an administrative fee.
(3) It is unlawful to remove abandoned personal property, including
Inoperative vehicles,- from private property to public p rgperty„after the
posting of said property by an enforcement officer.
4) In the event that the abandoned propertv is deemed to be an
imminent public health and safetv hazard. an enforcement officer is
authorized to remove the property immediately. Subsequent to the
removal of the abandoned_ property, the city shall make reasonable
and diligent efforts to ascertain the owner and take _the applicable
action. If the abandoned_ property is on private property, the private
property owner shall be provided notice and assessgd the cost of
removal of the abandoned ro ertand any requiredglean-up of the
private property.
i Registration of abandoned real property.
1) Anv mortgagee who holds a mortgage on real propertv located
within the city shall perform an inspection of the property that is the
security for the mortgage, upon default by the mortgagor, prior to the
issuance of a notice of default. If the property is found tp be vacant or
shows evidence of vacancy, it shall be deemed
abandoned and the morta ee shall within ten 10 days of the
inspection, register -the property with the director of community
development, or his or her designee, on forms provided by the city. A
registration is required for each vacant property.
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(2) If the property is occupied but remains in default, it shall be
inspected by the mortgagee or his designee monthly until (1) the
mortgagor or other party remedies the default, or (2) it is found to be
vacant or shows evidence of vacancy at which time it is deemed
abandoned, and the mortgagee shall, within ten (10) days of that
inspection,_ register the property with the Director of
Community Development, or his or her designee, on forms provided
by the city.
(3) Registration pursuant to this section shall contain the name of the
mortgagee, the direct mailing address of the mortgagee, a direct
contact name and telephone number of mortgagee 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.
(4) An annual registration fee in the amount of one hundred fifty
dollars and 00/100 ($150.00), per property, shall accompany the
registration form(s).
5) This section shall also apply to properties that have been the
subject of a foreclosure sale where the title was transferred to the
beneficiaryof _amortgage involved in the foreclosure and any '
properties transferred under a deed in lieu of
foreclosure/sale.
(6) Properties subject to this section shall remain under the annual
registration requirement, security and maintenance standards of this
section as long as they remain vacant.
(7) Any person or corporation that has registered a property under this
section must report any change of information contained in the
registration within ten (10) days of the change.
(j) Maintenance requirements.
(1) Properties subject to this chapter shall be kept free of weeds,
overgrown brush, dead vegetation, trash, junk, debris, building
materials any accumulation of newspapers, circulars flyers, notices
except those required by federal, state, or local law, discarded
personal items included, 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.
2 The 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.
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(3) Front, side, and rear yard landscaping shall be maintained in
accordance with the cit 's standard at the time registration was
required.
4) Landscape shall include. but not be limited to. arass. around
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Landscape shall not include weeds ravel broken
concrete asphalt or similar material.
f_IMaintenance shall include, but not be limited to, watering,
irrigation, cutting, and mowing of required „landscape and removal of
all trimmings.
O Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris. Pools and spas shall comply with the
enclosure requirements of the City Code of Ordinanc s and Florida
Building Code as amended from time to time.
7) Failure of the mortaaaee and/or oronertv owner of record to
_violationof the City
properly maintain the. property may result in a . _ _
Code and issuance of a citation or notice of violation/notice of hearing
_ _y_ a city s code_.. enforcement officer. Pu
rsuant g finding and
determination by the_c_ity's special magistrate or Code Enforcement
Board, the city may take the necessary action to ensure compliance
with this section.
(k) Security requirements.
1 Properties sub'ect to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
(2) 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 and/or
structure. Broken windows shall be secured by re laziin .
3 If the property is owned by a corporation and/ r out -of -area
mortgagees_ _a local property management company shall be
contracted to perform bi-weeklyinspections to verify compliance with
the requirements of this section, and any other applicable laws.
(4) The property shall be posted with the name and twenty-four (24)
hour contact phone number of the local property management
company. The posting shall be no less than an eight -inch by ten -inch
sign. The posting shall contain the following language:
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THIS PROPERTY IS MANAGED BY:
(Name of property management company)
TO REPORT PROBLEMS OR CONCERNS CALL:
(Telephone number of property management company)
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 build in/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.
(5) The local property management company shall inspect the
property on a bi-weekly basis to ensure that the property is in
compliance with this section. Upon the request of city, the local
property management company shall provide a copy of the inspection
reports to the code enforcement division.
(6) Failure of the mortgagee and/or property owner of record to
properly maintain the property may result in a violation of the City
Code and issuance of a citation or notice of violation/notice of hearing
by a city's code enforcement officer. Pursuant to a finding and
determination by the city's special magistrate or Code Enforcement
Board, the city may take the necessary action to ensure compliance
with this section.
Opposing, obstructing -enforcement officer, enalt . 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 section,
upon conviction shall be punished as provided in herein.
(m) Immunity of enforcement officer. Any enforcement officer or any person
authorized by the enforcement officer shall be immune from prosecution, civil
or criminal, for reasonable, good faith trespass upon real property while in
the discharge of duties imposed by this section.
(n) Additional authority. The Director of Community Development, or his or
her designee, shall have authority to require the mortgagee and/or owner of
record of any property affected_ by this section, to_imp_l_ementadditional
maintenance and/or security measures including, but not limited to, securing
any and all door, window_ 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.
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o Adoption of rules: expenditure of funds; declaration of city purpose. The
city manager, consistent with his/her duties and authorities -under the City
Charter, including those duties and authorities relating to emergency
situations is authorized and empowered to adopt rules and regulations and
expend city funds as may be reasonably necessary and avails le to carry out
the terms of this section the expenditure of such funds being declared a
proper city purpose.
SECTION 3: 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 Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention
SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 6:
passage and adoption.
This Ordinance shall become effective immediately upon its
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PASSED, FIRST READING this
n
q t'L day of
�>
, 2008.
PASSED, SECOND READING this
6V h day of
I)e°%��
2008.
ATTEST:
-MARION SWENVSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
r
AM EL S. GOREN
CITY ATTORNEY
�j L
BY: XU
BETH PLANSBAUM - TAtfABISCO
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR FLANSBAUM-TALABISCO C '�
DIST 1: COMM. PORTNER t
DIST 2: COMM. ATKINS-GRAD J�.
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
r'
RECORD OF COMMISSION VOTE: 2nd Readi
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER
DIST 2: COMM. ATKINS-G L
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLE
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