HomeMy WebLinkAboutOrdinance 2010-356
ORDINANCE NO. 2010-3.S..-~
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 253 OF THE CODE OF
ORDINANCES TO INCLUDE REGISTRATION OF
FORECLOSED PROPERTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the recent mortgage foreclosure crisis has serious negative implication for
this City of Sunny Isles Beach and its residents trying to manage the resulting vacant properties,
increase in crime, homelessness, and other problems that stem from family financial crisis; and
WHEREAS, the City Commission finds that it is necessary and in the best interest of the
public's health, safety and welfare to adopt procedures whereby the City can require the
registration of foreclosed properties within the City of Sunny Isles Beach; and
WHEREAS, in order to effectuate this legislative intent. it is necessary to amend Chapter
253 to require that foreclosed properties comply with the registration requirements contained
therein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof.
Section 2.
Amendment. Chapter 253 of the City Code is amended to read as follows:
CHAPTER 253 VACANT PROPERTIES
~ 253-1
Legislative findings and purpose.
It is the finding of the City Commission that vacant lots aH4 L buildings and vacant foreclosures
are unsightly, unsafe, and have a negative effect on the community. Unfortunately, many
buildings ef L lots or foreclosed propel1ies, once vacant. remain that way for years. The purpose
of this chapter is to establish a program for identifying and registering vacant lots aH4 Lbuildings
and vacant foreclosures. to set forth the responsibilities of owners of vacant properties. and to
speed the rehabilitation of vacant properties.
Words added underlined, words stH~ deleted (ed)
Page I 01'4
~ 253-2
Definitions.
FORECLOSURE. The process through which a property, placed as security for a real estate
loan, is eventually sold at public sale to satisfy the debt if the borrower defaults. The foreclosure
process commences upon the occurrence of anyone of the following actions: (i) taking
possession of a residential property; (ii) delivering the mortgagee's notice of intention to
foreclose to the borrower; or (iii) commencing a foreclosure action on a property in Miami-Dade
County Circuit or County Court.
UNIT. Any single family residential property including a condominium, townhouse. or
apartment unit, or single family home.
V ACANT FORECLOSURE. Any unit that is in the foreclosure process and has been
unoccupied for sixty (60) or more consecutive calendar days.
~ 253-4
Registration of vacant lot Lerbuilding or vacant foreclosure; fees.
The owner of a vacant lot/building or vacant foreclosure who knows, or from all the facts and
circumstances should know, that his or her lot / building or unit is or has become a "vacant lot
or building" or vacant foreclosure within the meaning of this chapter, after the effective date of
this chapter, or the owner of a lot / building or unit which the enforcement officer determines at
any time to be a "vacant lot or building" or vacant foreclosure shall take actions provided in this
chapter within 15 days after either the date of the enforcement officer's notice of determination
or occurrence of the facts which would cause a reasonable person to believe that the lot Lef
building or unit has become a vacant lot ef L building or vacant foreclosure. Registration does
not exonerate the owner from compliance with all applicable codes and ordinances, including
this chapter, nor does it preclude any of the actions the City is authorized to take pursuant to this
chapter or elsewhere in the City Code. The City shall confirm with the condominium association
to verify vacancy.
C. Vacant lot aH4 L building and vacant foreclosure registration fees.
(I). The owner of a vacant lot ef L building or vacant foreclosure shall pay a one time
registration fee of $1 00. The registration fee of $1 00 is due and payable upon registration; to wit,
no later than 30 days after any lot ef L building or unit becomes a vacant lot ef L building or
vacant foreclosure, as defined in this chapter, or no later than 30 days after being notified by an
enforcement officer of the requirement to register.
(2). If the lot ef L building or unit is to remain vacant or foreclosed in accordance with this
chapter, then the owner of a single-family residential lot or unit shall pay an annual vacant lot ef
L building or vacant foreclosure fee of $500 until the lot/building or unit is rehabilitated for
active use and is not in foreclosure. The owner of a multifamily/commercial lot shall pay an
Words added underlined. words ~ deleted (ed)
Page 2 01'4
annual vacant lot or building fee of $5,000 until the lot is rehabilitated for active use. The vacant
lot/building or vacant foreclosure fee is due and payable upon registration. The annual lot L ef
building or vacant foreclosure fee is due and payable, togcthcr '/lith the registration fee of $1 00.
on each anniversary hereafter until the lot ef L building or unit is rehabilitated for active use and
is not in foreclosure.
(3). The vacant lot L ef building or vacant foreclosure registration fees and annual fees as set
forth in this section are to be delivered. by mail or in person, to the Finance Department, City of
Sunny Isles Beach, 18070 Collins A venue. Sunny Isles Beach. Florida 33160. A late charge of
10% per month or any part thereof will be assessed on any invoice which is unpaid after 30 days
from the date of the demand for payment or an invoice. A processing fee of $25 will be charged
for each check returned by the bank due to insufficient funds or other reason. A replacement
payment must be made in cash, money order, bank or certified check and must include the fee of
$25 and any applicable late charges. Invoices and any additional fees that remain unpaid will be
added to the property owner's tax bill and will include an additional penalty of $200.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence. clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the 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 Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
reading.
Effective Date. This Ordinance shall be effective after adoption on second
Words added underlined. words stfieke>> deleted (ed)
Page 3 01'4
I
PASSED and ADOPTED on first reading the ~ day of ~W- 2010.
PASSED and ADOPTED on second reading the I~~ day of Jiove.m'ne.v 2010.
ATTEST:
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A~ .
Jane A. Hines, CMC. City Clerk
APPROVED AS TO FORM
AN L G SUFFICIENCY:
Moved by:
-1, CA. l'Y\ ~r:--rH AL <r.J?
~~~ ~S:I QA)~1l..... GC)Ob~~^,
Seconded by:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)
V (Yes)
v'(Yes)
v' (Yes)
-;7(Yes)
_(No)
(No)
_(No)
(No)
_(No)
Words added underlined. words ~ deleted (cd)
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Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L. Vera, Assistant City Manager/Service
DATE:
11/18/2010
RE:
Registration of foreclosed properties.
RECOMMENDATION:
Staff recommendeds that the City Commission approve this ordinance.
REASONS:
We are requesting that the Commission amend Chapter 253, which relates to the
registering of vacant lots and buildings, to include vacant units under foreclosure.
Many units in the single family and multi family districts are being foreclosed in our
City. These vacant units can remain that way for years, without the City having any
knowledge of it. The purpose of this amendment is to establish a program for
identifying and registering vacant units being foreclosed. The ordinance sets forth the
responsibility of the entity foreclosing on the unit and the unit owner to apply with the
City and pay a yearly fee. The purpose of this ordinance is to ensure the city has a
database of owners of foreclosed properties for maintenance purposes. This minor
amendatory ordinance is to ensure the City has knowledge of which properties are being
foreclosed.
ATTACHMENTS:
. Ordinance
. Notice of Public Hearing
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=394&MeetingID=O&MeetingDat... 11/12/2010