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ORDINANCE NO. 2009-4157
An ordinance of the City of Sanford, Florida regulating the
maintenance of vacant and residential properties that are the subject
of foreclosure actions or proceedings; providing for definitions;
providing for registration of vacant residential properties or
residential properties that are subject to foreclosure actions or
proceedings and a duty to provide written notice; providing for
maintenance requirements; providing for inspections; providing for
appeals; providing for enforcement and penalties; providing for
implementing administrative actions; providing for appeals;
providing for conflicts; providing for a savings provision; providing
for severability; providing for codification in the City Code of the City
of Sanford and providing for an effective date.
Whereas, recent events in the housing market have led to a drastic rise in the
number of foreclosed houses in that in cities all over the nation, homes are being left
empty as families are forced to move out and these homes are frequently retaken by
banks, financial institutions and large real estate conglomerates that have little or no
connection with the municipality in which they own property; and
Whereas, many of these homes are frequently vacated prior to the conclusion of
the foreclosure process and these homes sit empty for months or years at a time
awaiting foreclosure sale; often creating an attractive public nuisance; and
Whereas, some homes are in violation of multiple aspects of State law and local
ordinances while the mortgagees are large financial institutions located out of state
which are oftentimes represented by legal counsel from outside of Seminole County and
its environs, making enforcement of the City's codes and ordinances very difficult; and
Whereas, these code violations include, among multiple other violations,
unoccupied buildings susceptible to vandalism and/or open structures rendering them
unsafe and dangerous, yards full of litter and trash, unlocked houses, overgrown grass
and bushes, and unsecured swimming pools that are not only a threat to children, but
become breeding grounds for infectious insects such as mosquitoes, vermin and
rodents; and
Whereas, this problem exists nationwide as banks and other financial institutions
are refusing to maintain properties are overwhelmed with the volume of properties to be
maintained or the complexities of such maintenance from remote locales, and code
compliance officers have turned into investigators and property managers as they try to
find out who the owners are and how to contact them to correct code violations; and
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Whereas, the City Commission of the City of Sanford desires to protect the
public health, safety and welfare of the citizens of the City and maintain a high quality of
life for the citizens of the City; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes; and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings, intent and purpose. A new section of the
City Code of the City of Sanford is created to read as follows:
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the
City staff report and City Commission agenda memorandum relating this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). Although not a land development regulation, this Ordinance is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
(d). It is the intent of this Ordinance to protect and preserve public safety,
security, and quiet enjoyment of occupants, abutters, and neighborhoods by requiring
all residential property owners including, but not limited to, lenders, trustees, and
service companies, to properly maintain residential properties that are the subject of
foreclosure actions or proceedings; and regulating the maintenance of vacant
residential properties or residential properties that are the subject of foreclosure actions
or proceedings in order to prevent blighted and unsecured residences.
Section 2. Definitions. A new section of the City Code of the City of Sanford is
created to read as follows:
For the purpose of this Ordinance the definitions in Section 1-2 and the following
definitions shall apply unless the context clearly indicates and requires a different
meaning.
(a). Days means consecutive calendar days.
(b). Foreclosing, foreclosure proceedings or foreclosure process means the
legal process by which a parcel, tract, lot or other defined area of real property, placed
as security for a real estate loan, is prepared for sale by the lender/mortgagee to satisfy
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the debt if the borrower/mortgagor defaults. This definition shall include all processes,
activities and actions, by whatever name, associated with the described process.
(c). Initiation of the foreclosure process means taking any of the following
actions:
(1). taking possession of a residential property;
(2). delivering the mortgagee's notice of intention to foreclose to the borrower;
or
(3). commencing a foreclosure action
on a property in Seminole County Circuit Court.
(d). Local means within twenty (20) driving miles distance of the property in
question.
(e). Mortgagee means the creditor including, but not limited to, service
companies, lenders in a mortgage agreement and any agent, servant, or employee of
the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights,
interests or obligations under the mortgage agreement.
(f). Owner means every person, entity, service company, property manager or
real estate broker, who alone or severally with others:
(1). has legal or equitable title to any dwelling, dwelling unit, mobile dwelling
unit, or parcel of land, vacant or otherwise, including a mobile home park; or
(2). has care, charge or control of any dwelling, dwelling unit, mobile dwelling
unit or parcel of land, vacant or otherwise, including a mobile home park, in any
capacity including but not limited to agent, personal representative, administrator,
administratix, trustee or guardian of the estate of the holder of legal title; or
(3). is a mortgagee in possession of any such property; or
(4). is an agent, trustee or other person appointed by the courts and vested
with possession or control of any such property; or
(5). is an officer or trustee of the association of unit owners of a condominium;
or
(6). is a trustee who holds, owns or controls mortgage loans for mortgage
backed securities transactions and has initiated the foreclosure process.
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Owner also means every person who operates a rooming or boarding house.
Each such person is bound to comply with the provisions of these minimum standards
as if he or she were the owner; provided, however, that this Ordinance shall not apply to
a either condominium association created pursuant to Chapter 718, Florida Statutes; a
cooperative association created pursuant to Chapter 719, Florida Statutes; or a
homeowner's association created pursuant to Chapter 720, Florida Statutes, to the
extent that such association forecloses on or initiates the foreclosure process for unpaid
assessments due or owing to the association.
(g). Property means any real, residential property, or portion thereof located in
the City of Sanford including, but not limited to, building or structures situated on the
property. For purposes of this Ordinance only, property does not include property
owned or subject to the control of the City or any of its governmental bodies.
(h). Residential property means any property that contains one or more
dwelling units used, intended, or designed to be occupied for living purposes.
(i). Securing means measures that assist in making the property inaccessible
to unauthorized persons.
0). Vacant means any property not legally occupied and not properly
maintained or secured from access by unauthorized persons.
Section 3. Registration of vacant residential properties or residential
properties that are subject to foreclosure actions or proceedings; duty to provide
written notice. A new section of the City Code of the City of Sanford is created to read
as follows:
(a). All owners shall register vacant and/or foreclosing residential properties
with the City on forms provided by the City Manager, or designee. All registrations shall
state the individual owner's or agent's phone number and the residential and business
mailing addresses located within the State. The mailing addresses may not be a post
office box. This registration shall also certify that the property was inspected and identify
whether the property is vacant at the time of filing. If the property is vacant, the owner
and/or registrant shall designate and retain a local individual or local property
management company responsible for the security and maintenance of the property.
This designation shall state the individual or company's name, phone number, and local
business mailing address. The mailing address may not be a post office box. If the
property is in the process of foreclosure, then the registration must be received within
ten (10) days of the initiation of the foreclosure process. If the City Manager, or
designee, determines that the property is vacant and that foreclosure proceedings have
not been initiated, the registration must be received within fourteen (14) days of the
City's first citation for improper maintenance.
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(b). All property registrations are valid for one (1) calendar year. An annual
registration fee of One Hundred Dollars ($100.00), or such other amount established by
the City Commission by adoption of a resolution, shall accompany each registration
form. Subsequent annual registrations and fees are due within thirty (30) days of the
expiration of the previous registration and shall certify whether the foreclosing and/or
foreclosed property remains vacant.
(c). Once the property is no longer vacant or is sold, the owner shall provide
proof of sale or written notice and proof of occupancy to the City.
Section 4. Maintenance requirements. A new section of the City Code of the
City of Sanford is created to read as follows:
(a). Properties subject to the provisions of this Ordinance shall be maintained
in accordance with the relevant nuisance, maintenance, sanitary and building codes and
ordinance of the City as well as the City's regulations concerning external and visible
maintenance. The owner, local individual or local property management company shall
inspect and maintain the property on a monthly basis for the duration of the vacancy.
(b). The property shall contain a posting with the name and twenty-four (24)-
hour contact telephone number of the local individual or property management company
responsible for the maintenance. This sign shall be posted on the front of the property
so it is clearly visible from the street.
(c). Adherence to the requirements of this Ordinance does not relieve the
owner of any applicable obligations set forth elsewhere in the codes and ordinances of
the City or within any covenant, conditions or restrictions relating to the property or
condominium/homeowners association rules and regulations, if any.
Section 5. Inspections. A new section of the City Code of the City of Sanford is
created to read as follows:
City code enforcement personnel shall have the authority and the duty to inspect
properties subject to this Ordinance for compliance and to issue citations for any
violations of this Ordinance in accordance with the processes and procedures available
to the City The City's code enforcement personnel shall have the reasonable discretion
to determine when and how such inspections are to be made, provided that its policies
are reasonably calculated to ensure that this Ordinance is enforced.
Section 6. Appeals. A new section of the City Code of the City of Sanford is
created to read as follows:
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Any person aggrieved by the requirements of this Ordinance may seek an
administrative appeal to the City Manager, or designee, within ten (10) days of the
action which is sought to be appealed. An additional appeal may be filed to seek review
of the decision of the City Manager to the City Commission within ten (10) days of the
action which is sought to be appealed. Such appeals must be in writing and state, with
specificity, the basis for the appeal.
Section 7. Enforcement and Penalties. A new section of the City Code of the
City of Sanford is created to read as follows:
(a). It is prohibited and unlawful for an owner to fail to comply with the
requirements of this Ordinance.
(b). The City may enforce the provIsions of this Ordinance by any means
available to the City under the City Code of the City of Sanford or as may be available
under the controlling provisions of State law.
(c). The penalties for violation of this Ordinance shall be as set forth in the code
enforcement method asserted by the City under the City Code of the City of Sanford or
as may be available under the controlling provisions of State law; provided, however,
that incarceration shall not be an applicable punishment relative to the violation of this
Ordinance.
Section 8. Implementing Administrative Actions. A new section of the City
Code of the City of Sanford is created to read as follows:
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to include, but not be limited to, the adoption of administrative rules.
Section 9. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 10. Savings.
The prior actions of the City of Sanford in terms of the assessment of penalties
to include, but not be limited to, matters relating to the code enforcement activities of the
City are hereby ratified and affirmed.
Section 11. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
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to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 12. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided,
however, that Sections 9,10,11,12 and 13 shall not be codified. The Code Codifier is
granted broad and liberal authority to change section numbers in the current City Code
and other appropriate actions as set forth in Section 1-10 of the City Code.
Section 13. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 22nd day of June, 2009.
City Commission of the City of
Sanford, Florida
Seminole County, Florida
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Attest:
~<V~
Cynth I Porter, Acting City Clerk
Approved as to form and
legality:
III m L. Colbert, Esquire
City Attorney
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