2009-05 Code Amendment - Abandoned Residential Property ProgramORDINANCE 2009-05
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 15, "HOUSING,"
OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW
ARTICLE II, "ABANDONED REAL PROPERTY;" PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING
FOR REGISTRATION; PROVIDING MAINTENANCE AND SECURITY
REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council recognizes an increase in the number of vacant and
abandoned properties located throughout the Village; and
WHEREAS, the presence of vacant and abandoned properties can lead to a decline in
property values, create attractive nuisances, present a threat to the public health and safety, and
discourage potential buyers from purchasing property within the Village; and
WHEREAS, many of the vacant and abandoned properties are the responsibility ofout-of-
state lenders and trustees who fail to adequately secure and maintain such properties; and
WHEREAS, the Village Council determines that it is in the best interests of the residents
and citizens of the Village of North Palm Beach to create new regulations relating to the
registration, maintenance and security of vacant and abandoned properties to protect the integrity
of its existing residential neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 15, "Housing" of the Village Code of
Ordinances to create a new Article II, "Abandoned Real Property," to read as follows (additional
language underlined
ARTICLE II. ABANDONED REAL PROPERTY
Sec. 15-11. Purpose and Intent
It is the purpose and intent of the Village to establish a process to address the
amount of abandoned residential real property located within the Village. It is the
• Village's further intent to specifically 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.
• Sec. 15-12. 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_
Abandoned real property means an~property that is vacant and is subject
to an uncured Notice of Default and/or Notice of Mortgagee's Sale by the lender
or a pending Tax Deed Sale and/or properties that have been the subject of a
foreclosure sale where the title was retained by the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a deed in lieu of
foreclosure or sale.
Accessible building means a residential building that is unsecured
and/or breached in such a way as to allow access to the interior space by
unauthorized persons.
Evidence of vacancy means any condition that on its own, or combined
with other conditions, 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 personal items and property1
statements by nei hors, passers-by, delivery agents or government agents, among
other evidence that the property is vacant.
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.
Enforcement officer means any full-time law enforcement officer, building
offiicial, code enforcement officer, fire inspector or building inspector employed
within the Village.
Property management company means a local property manager, property
maintenance company or similar entity responsible for the maintenance of
abandoned real property.
Residential building means any real property, or portion thereof, situated
in the Village, improved by asingle-family dwelling or multi-family dwellin o
more than four (4) dwelling units, and shall include the buildings and structures
located on such improved real property
• Vacant means any building/structure that is not legallypied.
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• Sec. 15-13. Applicability.
This article shall be considered cumulative and not supersedin og_ r subject
to any other law or provision, but shall rather be an additional remedy available to
the Village above and beyond any other state, county and/or code provisions
relating to same.
Sec. 15-14. Registration of Abandoned Real Property
(a) Any mortgagee who holds a mortgage on real property located
within the Village that is improved with a residential buildin sg hall perform an
inspection of the property that is the security for the mortgage upon the
issuance of a Notice of Default and the expiration of andperiod set forth
in the mortgage documents. If such property is found to be vacant or shows
evidence of vacancy, it shall be deemed abandoned and the mortgagee shall,
within ten (10~ days of the inspection, register the property with the
Community Development Director, or his or her designee, on forms provided
by the Village. A registration is required for each vacant property or dwelling
unit within amulti-family dwelling
(b) If such property is occupied but remains in default, it shall be
inspected by the mortgagee or his designee monthly until (1 the mortga og r 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 Communi~
Development Director, or his or her designee, on forms provided by the Village.
(c) Registration pursuant to this article 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 a-mail address and, in the
case of a corporation or out-of--area mortgagee, the local property mana
company responsible for the security and maintenance of the property
(d) An annual registration fee in an amount established by the village
council shall accompan, ty he registration form(s).
fie) This article shall also apply to properties improved with a
residential building that have 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 offoreclosure/sale.
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• ( Properties subject to this article shall remain under the annual
registration requirement, security and maintenance standards of this article as
lon ag s they remain vacant and for properties not yet subject to a foreclosure
sale or a transfer under a deed in lieu of foreclosure, the property owner
remains in default.
(~) Any person or corporation that has registered a property under this
article must report any change of information contained in the registration within
ten (10) days ofthe change.
Sec. 15-15. Maintenance Requirements.
(a) Improved properties subject to this article 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.
(b) Residential buildings shall be maintained free of ,graffiti or similar
markings by removal or painting over with an exterior rg ade paint that matches the
color of the exterior structure.
(c) Front, side, and rear yard landscaping shall be maintained in
accordance with the Village's standard at the time registration was required.
Landscape shall include, but not be limited to, grass, ground covers, bushes,
shrubs, hedges or similar plantings, or decorative rock or bark.
(d) Maintenance shall include, but not be limited to, watering1
irrigation, cutting, and mowing of required landscape and removal of all trimmings.
(e) 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 Village Code of Ordinances and Florida Building Code, as
amended from time to time.
(fl Failure of the mortgagee and/or property owner of record to
roperly maintain the propertv and residential building may result in a violation of
the Village Code and issuance of a Notice of Violation/Notice of Hearing by a
Village code enforcement officer. Pursuant to a finding and determination by the
• Village's Code Enforcement Board, the Village may take the necessary action to
ensure compliance with this article.
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• Sec. 15-16. Security Requirements
(a) Residential buildin s subject to this article shall be maintained in a
secure manner so as not to be accessible to unauthorized persons.
(b) 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-glazing or boarding of the window.
(c) If the property is owned by a corporation and/or out of area
mortgagee, a local propert~gement company shall be contracted to perform
bi-weekly inspections to verify compliance with the requirements of this article,
and any other applicable laws.
(d) 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 ei t-inch by ten-inch sigh. The posting shall
contain the following, language:
THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
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
buildin~/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 postings
shall be constructed of, and printed with, weather-resistant materials.
(e) The local property management company shall inspect the property
on a bi-weekly basis to ensure that the property is in compliance with this chapter.
Upon the request of Village, the local property management company shall provide
a copy of the inspection reports to the code enforcement division.
(fl Failure of the mortgagee and/or property owner of record to
ronerly maintain the nronertv may result in a violation of the Villaue Code and
issuance of a Notice of Violation/Notice of Hearing by a Village code
enforcement officer. Pursuant to a finding and determination by the Village's
• Code Enforcement Board, the Village may take the necessary action to ensure
compliance with this article.
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Sec. 15-17. Immunity of enforcement officer.
• Any enforcement officer or any person authorized by an 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 chapter.
Sec. 15-18. Additional Authority
The Villa e Manager, or his or her designee, shall have authority to require
the mortgagee and/or owner of record of any property affected by this article, to
implement additional maintenance and/or security measures as may be reasonably
required to help prevent further decline of the property_
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 23rd DAY OF APRIL, 2009.
PLACED ON SECOND, FINAL READING AND PASSED
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~.
• VILLAGE ATTORNEY
2009.
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