ADD ON

AGENDA Meeting Date

Section NEW April 10, 2012 BUSINESS

Item

AGENDA REPORT No. VILA.l BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

SUBJECT: STAFF DIRECTION RE: FORECLOSURE REGISTRY ORDINANCE FYI 1112 IMPACT: LENDER REGISTRY FEES DIRECTLY BENEFIT RESIDENTIAL AREAS VIA ENHANCED PROPERTY MAINTENANCE MECHANISMS TO PROTECT PROPERTY VALUES -- ----- .~ - - - -

DEPT/OFFICE: PLANNING & DEVELOPMENT DEPARTMENT

Requested Action :

It is requested that the Board provide staff direction regarding development of regulations to enact a foreclosure registry for single family residential properties that have a lis pendens andlor action for foreclosure. If supported by the Board, direct staff to prepare Legislative Intent and Permission to Advertise agenda item.

Summary Explanation & Background:

The real estate foreclosure crisis has caused numerous residential properties to fall into a state of disrepair or overgrowth, much to the detriment of the surrounding neighborhood. Unkempt structures l,ave created eyesores as well as health and safety issues for the community at large. Code enforcement efforts have been hampered due to the inability to ascertain clear title, making it difficult to identify responsible parties for property maintenance proceedings.

Considering that this circumstance is not unique to unincorporated Brevard County, staff has researched how other jurisdictions have dealt with this phenomenon. Locally, a number of cities have enacted ordinances requiring the registration of foreclosed properties to facilitate communications with lenders either holding or pursuing title of mortgaged properties. Specifically, the cities of Cocoa, Rockledge, Titusville, Palm Bay, Melbourne, Melbourne Beach, and West Melbourne have foreclosure registries. Additionally, staff has reviewed ordinances by Hillsborough County, SI. Luce County and Miami Dade County (see attached comparison matrix).

Should the Board find it timely to implement a foreclosure registry, staff has closely examined the Miami Dade County (MDC) Foreclosure Registry Program in that it has earned a NACo 20 10 Achievement Award. MDC's program was enacted in December 2008 and requires that, upon the filing of a Lis Pendens or an action to foreclose upon mortgaged s ingle family residential dwelling units (including condominium, duplexes and town home units where the individual unit is the subject of a foreclosure action), registration of the property must be made with the County within 30 days . Through the registry, foreclosed residences that are at risk of or have become vacant, overgrown, dilapidated or in poor repair can be tracked and remediated to prevent blight or unsightly conditions. Once registered, the County conducts an inspection to ensure the yard is being maintained to County code standards, the swale area is maintained, the dwelling is secured at all windows and doors , and the pool barrier complies with code requirements. The one time registry fee charged by MDC is $125. Failure to register will result in a $500 citation to the entity that failed to register the property. Annual renewal of the registration (at no additional charge) is required until the property is sold. Changes in ownership must be reported immediately. The registration terminates when a Certificate of Title is issued to a new owner or the foreclosure action is withdrawn. Inter-agency agreements with other County departments provide for board up services for doors and windows as well as pool barrier protection. The revenues from registry fees offset the operating costs of inspections, case management and processing. The Registry also provides a convenient property ownership resource for various County departments.

Currently, code enforcement compliance for property maintenance cases has been protracted by the challenge of identifying the responsible party for property maintenance. Consequently, the bl ighted and often unsafe conditions remain, much to the displeasure of the nearby residents. The registry can reduce the research time for code enforcement, infonn the responsib1e parties as to site conditions, and create a fund to subsidize inspection, board up and/or demolition services.

Staff Contact: Robin M. Sobrino, AICP email: robin.sobrino@brevardcountx.us phone: 633-2069

Clerk to the Board instruction:

Exhibits Attached: Comparison of Foreclosure Registry Ordinances, Miami Dade County News Release on Foreclosure Reg istry Program! NACo Award Application, and Draft Ordinance.

Contract !Agreement (If attached): Reviewed by County ~es I 0 I No I 0 Attorney Coun%JManager' I~ce - PRO Department A

~*Oi~ t~~~ Clmnty Manage;_ . Robin M. Sobrino, AICP ~ I. M _l .. I •• .....v Director, Planning & Devel~pment Department H ard Tlpt ,~Manager

BC C7(Rev.6-13.11) I ElectfOtJf- orm

! , ,

COMPARISON OF FORECLOSURE REGISTRY ORDINANCES

Jurisdiction Year Registration Timeframe to Annual Local Property

Adopted Fee Register Renewal Req.

Cocoa 2010 $200 10days No ($100 for City (FPRC) and $100 for

FPRC) Daytona Beach 2009 $150 10 days Yes

Hillsborough 2009 $100 10 days Yes

Melbourne 2009 -- 10 days Yes

Melbourne Beach 2009 -- 10 days Yes

FPRC = Federal Property Registration Corporation (private vendor of registration services)

1

Manager

Yes

Yes

Yes

Yes

Yes

Additional Comments

Applies to both residentia l & non residential properties. Lender responsible for month ly on site inspectionsJ if vaca nt.

Pertains to vacant/abandoned property in foreclosure proceedings. Lender responsible for monthly on site inspections. Applies to both residentia l & non residential properties. All vacant commercial & vacant properties owned by a company or lender must have contact information posted. Pertains to all abandoned property in foreclosure proceedings. Properties owned by a company or lender must conduct monthly inspections. Properties owned by a company or lender must have contact information posted. Pertains to vacant property in foreclosure proceedings. Lender responsible for monthly on site inspections. Vacant property must be posted with contact information.

Lender responsible for monthly on site inspections, even if occupied. Vacant property must be posted with contact information.

COMPARISON OF FORECLOSURE REGISTRY ORDINANCES

Miami Dade 2008 $125 30 days Yes Yes Pertains only to residential properties in foreclosure proceedings. County conducts initial property inspection upon being registered.

New Smyrna 2010 $150 10 days Yes Yes Applies to both residential & non ,

Beach residential properties. Pertains to vacant/abandoned properties. Vacant property must be posted with contact information.

Ormond Beach 2010 $150 10 days Yes Yes Applies to both residential & non residential properties. Pertains to vacant/abandoned properties. Property owned by a corporation must have a local management company perform bi-weekly inspections. Property must be posted with contact information.

Palm Bay 2008 $100 90 days Yes Yes Pertains only to abandoned residential property in foreclosure proceedings. Certification of an inspection must be provided prior to registration .

Rockledge 2009 $150 10 days Yes Yes Applies to both residential & non (FPRC) residential properties.

Pertains to all vacant/abandoned and occupied properties that are in foreclosure. Occupied foreclosed properties must be inspected monthly by lender and weekly, if vacant. Vacant/abandoned properties must be

- - --posted with contact information.

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COMPARISON OF FORECLOSURE REGISTRY ORDINANCES

St. Lucie County 2010 $100 (SFR) 10 days Yes Yes Applies to both residential & non $150 (MFR or residential properties. non-res.) Pertains to vacant/abandoned

foreclosed properties only. Property owned by a company/lender must have a local management i

company perform monthly inspections. Property owned by a company/lender must be posted with contact info. Ordinance expires 1/1/13 unless extended by the Board .

Titusville 2009 $150 10 days Yes Yes Applies to both residential & non ($75 for City (FPRC) residential properties. and $75 for Pertains to vacant/abandoned and

FPRC) foreclosed properties. West Melbourne 2009 $150 10 days Yes Yes Pertains to occupied foreclosed

residential and abandoned residential properties (with one or more dwelling units) in foreclosure. Vacant property must be posted with contact information.

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For Immediate Release: October 4, 2010

Media Contact: Maria de la Milera

mdm 1@miamidade.gov (305) 219-3119

Miriam Rossi mzr@miamidade.gov

(786) 402-9851

MIAMI-DADE COUNTY FORECLOSURE REGISTRY APPLICATION NOW AVAILABLE ON-LINE

(MIAMI, September 23, 2010) - Miami-Dade County has recently improved its Building and Neighborhood Compliance Department website, which includes an on line Foreclosure Registry application: http://bldgappl.miamidade.govlforeclosureregistrv . To date, 15,000 registry applications have been received . Payment of the registry fee may be also made electronically. This added feature will facilitate a more efficient and expedient process for lending institutions as well as the Department.

The Foreclosure Registry tracks single family dwellings that are subject to foreclosure actions. Through this Registry, residences that have become or are at risk of becoming vacant, overgrown or dilapidated are tracked and remediated to prevent blight or unsightly conditions thus preserving property values along with residents' quality and life safety.

In order to minimize the negative impact on neighborhoods, the Miami-Dade County Board of County Commissioners approved, on December 2, 2008, Ordinance 08-134, and effective December 12, 2008 which requires that upon the filing of a Lis Pendens or an action to foreclose upon a mortgaged property, registration of the property must be made with the Miami-Dade County Building and Neighborhood Compliance Department within 30 days. This ordinance is applicable to properties within unincorporated areas of Miami-Dade County.

"Improving the quality of life in our neighborhoods is a priority of the department. It gives me great pleasure to see how the Foreclosure Registry program has been an efficient tool in making this happen," said Charles Danger, P.E., Director I Building Official of the Miami-Dade County Building and Neighborhood Compliance Department.

Upon registration, the Building and Neighborhood Compliance Department conducts inspections to ensure the yard is being maintained to County code standards (grass cut

and no junk, trash, abandoned articles, solid waste or junk vehicles) ; swale area is maintained; that the dwelling is secured at all windows and doors; and the pool barrier complies with the zoning code. A $500 citation is issued to entities failing to register the property.

The Building and Neighborhood Compliance Department continually strives forward in delivering excellent public services to the community for the protection and welfare of our residents.

###

Miami·Dade County Building and Neighborhood Compliance Department 11805 S.W. 26 Street (Coral Way), Miami, Florida 33175-2474

www.miamidade.gov/building/home.asp

FORECLOSURE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LIFE Miami-Dade County, Florida

FORECLOSURE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LIFE

1. Abstract of the Program (200 words or less; approximately Y. page)

Due to the economic downturn, neighborhoods have been adversely impacted by deteriorating abandoned and vacant homes undergoing foreclosures. To minimize the negative impact on neighborhoods, the County approved an ordinance creating a Foreclosure Registry to track single family dwellings that are subject to foreclosure actions. Through this Registry, residences that have become or are at risk of becoming vacant, overgrown or dilapidated are tracked and remediated to prevent blight or unsightly conditions thus preserving property values along with residents' quality and life safety. It requires that property owners, whether a bank or other lending institution, to register the property with the County within 30 days of filing for foreclosure proceedings and pay a $125 registration fee to cover operating costs of records search, case management and inspections. Upon registration, the Building and Neighborhood Compliance Department conducts inspections to ensure the yard is being maintained to County code standards (grass cut and no junk, trash, abandoned articles, solid waste or junk vehicles); swale area is maintained; that the dwelling is secured at all windows and doors; and the pool barrier complies with the zoning code. A $500 citation is issued to entities failing to register the property.

2. The ProblemlNeed for the Program (approximately Y. page)

Florida is ranked amongst the nation's 10 highest in foreclosure rates, according to an online national marketplace database of foreclosed properties. With this lead in the number of foreclosures, vacant and unsecured residential dwellings can be found in most neighborhoods. Especially during hurricane season, these properties can cause severe damage from wind getting inside the structures resulting in dangerous flying debris impacting other properties and most importantly, lives.

Additionally, the trickle-down effects of foreclosures have also locally decreased property values resulting in less funding for County services. Other issues cited include neighborhood blight from a lack of maintenance and the potential for crime due to unsecure and abandoned foreclosed homes. A mechanism was needed to address these critical concerns and minimize the negative impacts on neighborhoods. The Foreclosure Registry was launched to tackle these growing concerns by tracking single family dwellings subject to foreclosure actions thus preventing blight or unsightly hazardous conditions in unincorporated Miami-Dade County. The Foreclosure Registry holds lenders responsible for the condition of abandoned fmancially distressed homes from becoming further dilapidated thus aiming to preserve property values in our communities; creating a safe and aesthetically-pleasing place for residents to live; while improving the overall condition of properties within unincorporated Miami-Dade County via a fair and consistent code enforcement compliance process. The Foreclosure Registry IS an innovative tool to maintain and enhance life quality and safety in our communities.

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FORECLOSURE REGISTRYMAlNTAlNS AND ENHANCES COMMUNITIES' QUALITY OF LIFE Miami-Dade County, Florida

3. Description of the Program (approximately 2 - 3 pages)

Due to the pressing situation with the economy, many neighborhoods have been affected by unsightly abandoned/vacant homes which are undergoing foreclosure. In order to minimize the negative impact on our neighborhoods, the Miami-Dade County Board of County Commissioners approved, on December 2, 2008, Ordinance 08-134, and effective December 12, 2008 which requires that upon the filing of a Lis Pendens or an action to foreclose upon a mortgaged property, registration of the property must be made with the Miami-Dade County Building and Neighborhood Compliance Department within 30 days. This ordinance is applicable to properties within unincorporated areas of Miami-Dade County.

The registration form (Registry) is available online from the Miami-Dade County Clerk of Courts ' website as well as available at the Courts Foreclosure Unit where the Lis Pendens are filed. The Registry form is also available at the office of the Building and Neighborhood Compliance Department. The Registry is to be mailed to the Building and Neighborhood Compliance Department accompanied by a one-time registry fee of$125 per property payable by check or money order. This fee covers operating costs of initial inspections, file case management, processing and postage. Failure to register the property within 30 days of filing the Lis Pendens is issued a $500 citation.

Registration is renewable yearly on its registration anniversary until the property is sold. Changes on the ownership of the property are to be reported immediately. The Registration terminates when a Certificate of Title is issued or when the foreclosure action is withdrawn.

Upon registration ofa property, the Building and Neighborhood Compliance Department's enforcement officers conduct inspections to ensure that yards are being maintained to County code standards, that dwellings are secured at all windows and doors, and that the pool barrier complies with the Zoning Code.

The inspection points cover the following:

o Structural condition of the property o VerifY whether the windows and doors are secured or boarded up o VerifY that the pool has a barrier that meets the Zoning Code standards o Check for junk, trash, abandoned property or solid waste in the property o Maintenance of the lawn/yard - grass, weeds, or non-native undergrowth is not to exceed

12 inches from the ground for over 10% of the area o Maintenance of the swale area.

Notwithstanding the results of the property inspection, first responsibility for property maintenance shall rest with the property owner/occupant if the home is occupied. However, should the property be vacant, the responsibility for compliance and maintenance shall rest with the registrant. This ordinance holds lenders responsible for the condition of abandoned financially distressed homes and also protects neighborhoods from blight. The ordinance also provides for immediately addressing vacant homes from becoming so dilapidated that they represent a hazard and eyesore to the community along with negative impacts.

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FORECLOSURE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LWE Miami-Dade County, Florida

If the enforcement officer finds vio lations on the property that are not in compliance with CiL~pter 17 A (which requires the property be secured at all windows and doors, and that pools be secured) then a courtesy letter is sent to the property representative and a re-inspection is conducted in 30 days. If there is no compliance at the re-inspection, a Notice uf Violation is issued.

If the enforcement officer finds violation on the property not in compliance with Chapter 19 (which requires property maintenance, i.e., grass cut; swale area maintained; no junk and trash; no abandoned articles nor junk vehicles), then a warning is issued; a re-inspection conducted; and if no compliance during the re-inspection then a civil citation is issued.

Overall, the goals and objectives of the Foreclosure Registry program include:

o Establishing a mechanism via Registration to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned properties;

o Improving overall conditions of properties within unincorporated areas of Miami-Dade County

o Preserving property values in our communities o Creating a safe and aesthetically pleasing place for residents to live o Obtaining compliance of Miami-Dade County codes through education, assistance and

fair and consistent enforcement to the laws. Outreach via free workshops on the Foreclosure Registry were held by the department to the public.

4. Use of Technology (approximately v. page) - Oracle lOG Database, Forms and Reports

Interfaces and Web Services to Mainframe applications, MS SQL database and ASP.NET for e-Ticketing and EDMS application Interface to County GIS, CSR 311

Upon registration, the Building and Neighborhood Compliance Department's enforcement officers use the Case Management System (CMS) to record the outcome ofthe inspections performed for foreclosure registrations. The CMS system uses Oracle lag database and the Oracle 109 forms. Web services teciLnology is also used to interface from the CMS system to the e-Ticketing module if the case requires a warning or citation to be issued. The e-Ticketing user interface is an ASP.NET web application comprised of web forms, user controls, code modules, text files and images. The application captures signatures from code enforcement officers and all reports are developed and generated using reporting services which leverage .NET and XML development environment. The system provides authentication via Active Directory services. An interface was created with the Electronic Document Management System (EDMS) to load the violation documents into EDMS. Enforcement officers also use the Miami-Dade County mainframe systems such as

Property Appraiser (PTX) and Clerk of Courts (CO C) SEFA for their research while working on foreclosure registration cases.

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FORECWSURE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LIFE Miami-Dade County. Florida

5. The cost of the program (approximately % to 1 page)

The estimated costs of the Foreclosure Registry program are as follows:

I) The web-server is the whole County's existing web-server to which each department !lms their separate applications. There is no charge for a department. This is part of the County's infrastructure.

2) The e-Ticketing component was implemented at a total cost of$791,431 including both hardware and software development costs plus professional service development hours considered minimal in comparison to the increased functionality and significant positive impact on productivity. The hardware acquisition included purchasing 72 laptops and printers; plus mounting the equipment and antennas into County vehicles of enforcement officers. The project was completed on time with an estimated annual efficiency result of approximately $500,000.

3) The cost per Registry application recelvmg only one inspection is $83 .62. The administrative cost of$8.62 is based on an average of 17 minutes of clerical processing and includes salary and fringe benefits.

4) For another government entity to duplicate this system, assuming they also have a Department Web Portal as well as an existing Microsoft Windows Server infrastructure like the Building and Neighborhood Compliance Department's, should incur similar costs as described above.

6. The Results/Success of the Program (approximately % to 1 page)

The Foreclosure Registry requires property owners, whether a bank or other lending institution to register the property with the County and take responsibility for the condition of their homes. The Registry provides a mechanism for the responsible parties to be held accountable. Since its ' implementation on July 10, 2009, the results are as follows: Jul-09 14 Aug-09 335 Sep-09 891 Sum 1240

Oct-09 795 Nov-09 2745 Dec-09 1246 Jan-IO 960 Sum 5746

Total 6,986 Registry applications

$1,750.00 $41 ,875 .00 $111.375.00 $155,000.00

$99,375.00 $343,125.00 $155,750.00 $120,000.00 $718,250.00

$873,250.00

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FORECLOSURE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LIFE Miami-Dade County, Florida

Board-up Status: The Department processed a total of279 board-up cases this fiscal year. Intra-governmental agreements have been signed with the Miami-Dade County Departments of General Services Administration and Community Action Agency for board-up services. Service costs are as follows:

Pool (standard size) Single Doors and Double Windows Double/Sliding doors and Triple Windows

$550 $75 each $150 each

The revenues generated by the fees offset operating costs such as inspections, file case management and processing. Additionally, the Foreclosure Registry program utilizes an e­Ticking component allowing code enforcement officers to research property information, issue enforcement documents and update related applications from their County vehicles while conducting field inspections. This results in more efficient utilization of time in processing cases and providing customer service while reducing errors due to system designs which ensure accuracy in the creation and dissemination of enforcement documents.

Overall, via this Registry, residences that have become or are at risk of becoming vacant, overgrown or dilapidated are tracked and remediated to prevent blight or unsightly conditions thus preserving property values along with residents ' quality and life safety.

7. Worthiness of an Award (approximately y. to Y, page)

The Foreclosure Registry was launched to tackle these growing concerns by tracking single family dwellings subject to foreclosure actions thus preventing blight or unsightly hazardous conditions in unincorporated Miami-Dade County. The Foreclosure Registry holds lenders responsible for the condition of abandoned fmancially distressed homes from becoming further dilapidated thus aiming to preserve property values in our communities; creating a safe and aesthetically-pleasing place for residents to live; while improving the overall condition of properties within unincorporated Miami-Dade County via a fair and consistent code enforcement compliance process.

Moreover, the Foreclosure Registry program takes a progressive path towards the sharing of information amongst governmental agencies such as Clerk of Courts and the Property Appraiser resulting in a fully integrated County code enforcement process. As an example of "new ways" bf doing business at the county and local government levels, this program increases collaboration among the County's organizations; and improves the effectiveness, efficiency and accountability of the Building and Neighborhood Compliance Department's services to the public with potential reductions on the cost of delivery. This program is supported by the Department's existing wireless inspection field automation program. Therefore, code enforcement officers can enter their inspection results on site related to enforcement cases, as well as review the case files (including digital photos) and issue violation documents thus improving service productivity. The Foreclosure Registry is an innovative tool to maintain and enhance life quality and safety in our communities. Overall goals and objectives achieved include establishing a mechanism via

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FORECWSVRE REGISTRY MAINTAINS AND ENHANCES COMMUNITIES' QUALITY OF LIFE Miami-Dade County, Florida

Registration to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned properties; improving overall conditions of properties within unincorporated areas of Miami-Dade County; preserving property values in our communities; creating a safe and aesthetically pleasing place for residents to live; and obtaining compliance of Miami-Dade County codes through education, assistall~e and fair and consistent enforcement to the laws. An outreach effort was also conducted via free workshops on the Foreclosure Registry that were held by the Department to fully inform the public and answer their questions and concerns.

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ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER [], ARTICLE [], CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA, RELATING TO PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING A CONFLICT PROVISION; PROVIDING FOR AREA ENCOMPASSED; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County

Commissioners of Brevard County has the power to adopt ordinances necessary for the exercise

of its powers and prescribe fines and penalties for the violation of ordinances in accordance with

law; and

WHEREAS, the Board of County Commissioners of Brevard County, Florida recognizes

the need for a means to register and track vacant and abandoned properties within unincorporated

Brevard County; and

WHEREAS, recent events in the housing market have led to a drastic rise in the number

of foreclosured properties in unincorporated Brevard County; and

WHEREAS, many of these properties are vacated prior to the conclusion of the

foreclosure process, leaving the properties unoccupied for extended periods of time awaiting

foreclosure sale, often creating an attractive public nuisance; and

WHEREAS, the mortgage foreclosure crisis has serious negative implications for all

communities trying to manage the resulting vacant properties, increases in crime, homelessness,

and other problems that stem from family financial crisis; and

WHEREAS, many of these vacant and abandoned properties are in violation of multiple

aspects of state law and local ordinances, including among other violations, unoccupied

buildings susceptible to vandalism, open and unmaintained structures rendering them unsafe and

dangerous, yards full of litter and trash, overgrown grass, weeds and bushes which become a

breeding ground for rodents and other vermin, and unsecured swimming pools that are not only a

threat to children but become a breeding ground for infectious insects such as mosquitoes; and

WHEREAS, the Board of County Commissioners of Brevard County finds that

mortgagees have an interest in maintaining vacant and abandoned real property subject to the

terms of each mortgage; and

WHEREAS, these mortgagees are often located out of state, making it difficult to notify

the mortgagees of violations of the codes and ordinances of unincorporated Brevard County; and

WHEREAS, these mortgagees do not always promptly conduct the foreclosure sale of

these properties, leaving them abandoned, vacant, unsecured and unmaintained; and

WHEREAS, the Board of County Commissioners of Brevard County, Florida desires to

protect the public health, safety and welfare ofthe citizens of the County and maintain a high

quality oflife for the citizens of the County; and

WHEREAS, the Board of County Commissioners of Brevard County finds that the

registration of real properties that have had a lis pendens filed in the public records of Brevard

County or have been foreclosed upon or are the subject of foreclosure actions will protect against

devaluation caused by vacant and abandoned properties; and

WHEREAS, the Board of County Commissioners of Brevard County finds that the

mortgagee's registration of abandoned and vacant real property, or property subject to a

mortgage which is in default, will establish a contact person for the County to address concerns

regarding the maintenance and security of the property; and

2

WHEREAS, the Board of County Commissioners of Brevard County has determined

that the proposed ordinance serves the public health, safety and welfare of the citizens of Brevard

County, Florida.

WHEREAS, the Board of County Commissioners of Brevard County finds that it is in

the public interest to address safety and aesthetic concerns of the county to assure that property

subject to a mortgage in default or foreclosure will continue to be maintained and secured and

that blight will not occur.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as follows:

Section 1. Chapter [J, Article [J , Section [l , Code of Ordinances of Brevard County,

Florida, is hereby created as follows:

Sec. XX-001. Purpose and Intent

(a) The Board of County Commissioners of Brevard County hereby adopts and incorporates into this ordinance the above recitals, as if fully restated herein.

(b) It is the intent of the Board of County Commissioners through the enactment of this ordinance to provide a registry of single family residential dwelling units, including but not limited to condominium, duplexes and town home units, where the individual unit is the subject of a foreclosure action. The purpose and intent of this section is to protect the health, safety and welfare of the public by establishing a process to limit and reduce the amount of deteriorating property located within the unincorporated county. Vacant buildings and real property under foreclosure are a major source of blight, especially when the owner or mortgagee fails to properly maintain said buildings and property. Real property under foreclosure often suffers from a lack of maintenance and becomes neglected during the time it takes a mortgagee to complete the foreclosure process and secure property. It is further the intent of the County to establish registration and maintenance requirements for vacant properties and properties under foreclosure as a mechanism to protect neighborhoods from becoming blighted through the lack of inadequate maintenance of abandoned and vacated properties subject to mortgages in default.

(c) The Board of County Commissioners of Brevard County finds that abandoned and vacant real property is unsightly, unsafe and has a negative impact on the community. The Board of County Commissioners of Brevard County hereby declares that all abandoned and vacant real property in unincorporated Brevard County, including

3

those properties that are abandoned and vacant because they have been foreclosed upon or are the subject of foreclosure actions or proceedings, can quickly become unsafe structures and' a public nuisance if not maintained during the foreclosure process, and the abatement of such nuisances pursuant to the County's police power is hereby declared to be necessary for the health, safety and welfare of the citizens of Brevard County.

(d) It is the intent and purpose of this Ordinance to protect and preserve public safety, security, private enjoyment and property values of abutters and neighborhoods by (i) identifying vacant and abandoned properties, (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings and to identify whether such properties are abandoned, vacant OJ' show evidence of vacancy, and (iii) regulating the inspection, security, and maintenance of abandoned properties that have been foreclosed upon or are the subj ect of foreclosure actions to proceedings, to prevent blighted and unsecured properties,

(e) Through this registry, residences that are at risk of or have become vacant, overgrown, dilapidated or in poor repair can be tracked and remediated to prevent blight or unsightly conditions. The definitions contained in Section XX-XX shall apply throughout this section.

Sec. XX-002. Definitions

The following words, terms, or phrases shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning.

Abandoned real property means any real property that is vacant and is under public notice of default, notice of mortgagee's sale, or has been the subject of a foreclosure sale where title is retained by the mortgagee, or properties transferred to mortgagee under a deed-in-lieu of sale and is:

(1 ) Unsecured;

(2) Unsafe as defined herein or as in the Brevard County, Florida Code of Ordinances, Chapter 22 entitled Buildings and Building Regulations, as amended;

(3) Declared unsafe by the Brevard County Building Official;

(4) Vacant for a period of time over 30 days, beginning from the date of County inspection and during which time the enforcement officer has issued a Notice of Violation to correct violations, abate a nuisance, or remove an attractive nuisance;

(5) Vacant for a period of time over 30 days without evidence of functioning water, electric and/or gas utilities;

(6) Boarded up, partially destroyed, or partially constructed or incomplete after the

4

building permit authorizing its construction has expired or been revoked by the Building Official or designee;

(7) Accessible to trespassers, criminals or other unauthorized persons; or

(8) Currently the subject of mortgage or tax foreclosure proceedings, delinquent in mortgage or tax payments for at least 90 days, and vacant for at least 90 days.

Approved materials means all materials used to secure a structure which has been approved by the Building Official of Brevard County.

Blighted property means:

(I) Structures that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing or malicious mischief;

(2) Structures whose maintenance is so out of harmony and conformity with the maintenance and quality of adjacent or nearby properties as to cause substantial diminution in the use or property value of such adjacent or nearby properties;

(3) A structure defined as a public nuisance pursuant to Section 74-79 of the Brevard County, Florida Code of Ordinances, as amended or pursuant to state statute;

(4) Any individual, commercial, industrial, or residential structure or improvement that endangers the public's health, safety or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, and lacks maintenance as defined by the Brevard County, Florida Code of Ordinances or the Florida Building Code; or

(5) A structure which exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare.

Default means that the mortgagee has decided to file a mortgage foreclosure action on the defaulted mortgage. A mortgage shall be considered in default at such time as the mortgagee provides the mortgagor a written notice declaring the mortgage in default, and the mortgagor vacates or abandons the property, or the mortgagee takes action to commence foreclosure proceedings in a court of law, and the default shall continue until such time as the mortgagor cures the default and the action has been completed or the ownership of the real property has transferred to a new owner that intends to occupy the real property.

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 shall include, but not be limited to, overgrown and/or dead vegetation, electricity, water or other utilities turned off, stagnant swimming pool , statements by neighbors, passers-by, delivery agents or government agents, among other evidence.

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Enforcement officer means any full time law enforcement officer, building official, fire inspector or code enforcement officer employed by the county.

Foreclosed property means real property that is in default.

Foreclosure means the judicial process by which a property, placed as security for a mortgage loan, after a judicial process, is to be sold at an auction to satisfY a debt upon which the borrower has defaulted.

Local Agent means the agent designated by the mortgagee upon registration as required under this Ordinance. The local agent or its employee must be able to be located and served at a local address during regular business hours (8am to Spm Monday through Friday).

Mortgagee means the creditor, including but not limited to, trustees, service 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. For purposes of this Ordinance, the term Mortgagee shall not apply to governmental entities.

Other Responsible Party is the mortgagee or holder and/or owner of any mortgage which is upon real property which is in violation of this Chapter who shall be a responsible party for compliance upon the filing of a lis pendens and/or an action, the purpose of which is to foreclose upon the mortgage or similar instrument that secures debt upon the real property. The responsibility for compliance with this Chapter of a mortgage ownerlholder shall be effective, in the case of a single family residential unit, only during periods of time that the residential unit shall be vacant and in foreclosure. In all instances, the responsibility of a holder/owner of a mortgage shall remain until such time as the property is sold or transferred to a new owner, or the foreclosure action described herein is dismissed.

Owner means every person, legal entity, service company, or other party who alone or severally with others:

(I) Has legal or equitable title to any dwelling, dwelling unit, mobile home dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or

(2) All owners identified on the Foreclosure Registry registration form; or

(3) A purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed; or

(4) Has, or has exercised, care, charge or control of any dwelling, dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, administrator, trustee or guardian of the estate of the holder of legal title. Changing the locks or service of paperwork directing occupants to vacate the premises is prima facie evidence of the exercise of care, charge or control of any

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dwelling, dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or

(5) Is a mortgagee in possession of any such property; or

(6) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.

(7) This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the structure involved, as well as any person, legal entity or agent authorized to initiate a foreclosure or collection proceeding against the property, whether or not such proceeding has in fact been initiated. This term shall not apply to the county.

Structure means a structure or building as defined by the Florida Building Code.

Securing means any measures that assists in making the property inaccessible to unauthorized persons.

Unsafe structure means a structure or building which is potentially hazardous to persons or surrounding structures, including, but not limited to:

(l) A structure which has collapsed, is in danger of partial or complete collapse, or unable to support the weight of normally imposed loads;

(2) A structure with any exterior parts which are loose or in danger of falling;

(3) A structure which is vacant, unguarded and open at doors or windows;

(4) A structure with an accumulation of debris or other material therein representing a hazard of combustion;

(5) A structure in a condition that creates hazards with respect to means of ingress and egress and fire protection as provided herein for the particular occupancy;

(6) A structure or structural part that is in deterioration;

(7) A structure that is partially destroyed;

(8) A structure with electrical or mechanical installations or systems creating a hazardous condition contrary to the standards of the Florida Building Code;

(9) A structure defined as a public nuisance pursuant to Section 74-79 of the Brevard County, Florida Code of Ordinances, as amended or pursuant to state statute; or

(lO)A structure that by reasons of use or occupancy, the area, height, type of construction, fire-resistivity, means of ingress and egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group of occupancy.

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Unsecured means an unoccupied structure or a structure without a lawful tenant or occupant which is open to entry by unauthorized persons or covered with unapproved materials and that are not in conformity with the nearby stmctures or materials not in compliance with the Brevard County, Florida Code of Ordinances or the Florida Building Code.

Vacant means a structure that IS unoccupied and IS not actively used as a place of residence or business.

Sec. XX-003. Applicability

This article relates to abandoned and vacant property and to property subject to a mortgage that has been determined by the mortgagee to be in default. This ordinance applies to all residential property.

Sec. XX-004. Registration of Certain Properties Required, lllentification of Abandoned or Vacant Properties

(I) Within 30 days of a mortgagee declaring a mortgage to be in default, filing of a lis pendens in connection with a default on a mortgage or similar instrument that secures debt upon real property, or within 30 days of filing an action to foreclosure upon a mortgage or similar instrument, which ever occurs first, all owners and mortgagees making such filing shall register the subject property with Brevard County Code Enforcement or its designee. For properties where a lis pendens (in connection with a default on a mortgage or similar instrument that secures debt upon real property) and/or an action to foreclose is pending but were filed prior to the effective date of this ordinance, owners and mortgagees have until 30 days from the enactment date of this ordinance to register the properties that are the subject of the filings, unless the foreclosure is terminated or the lis pendens is released or withdrawn prior to the date of enactment of this ordinance.

The registration will require the other responsible party or mortgagee to designate and retain a local individual or local property management company as the local agent responsible the property in accordance with this ordinance, for the security and maintenance of the property in accordance with is ordinance, and for timely updates of the registration.

All registrations must state the property address; the mortgagor' s names, mailing address, and telephone numbers; the occupants ' (if any, and if known) name and telephone numbers; the mortgagee's name, mailing address, and telephone number. Registrations will include a local agent's name, mailing address, telephone number and email address. Mailing addresses may not be a post office box.

(2) All property registrations are valid for one (1) calendar year from the date of issuance. An annual registration fee in an amount established by the Board of County Commissioners of Brevard County by adoption of a resolution, shall accompany each

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registration form. Subsequent annual registrations and fees are due on or before the expiration of the previous registration. Any part of the registration process may be performed by an agent or independent contractor for the county, or by the Tax Collector or the Clerk of Circuit Courts pursuant to an agreement with the County.

(3) Once the property is sold or the lis pendens and foreclosure action is teiminated, the mortgagee must provide proof of sale or temlination of the legal proceedings to Brevard County Code Enforcement or its designee, the registration and the other responsible party's or mortgagee's continuing obligations under this ordinance will then terminate.

(4) Any person that has registered a property under this Ordinance must report any update or change to the information contained in the registration within ten (10) days of the change. The County may charge an additional fee for modifications to registrations.

(5) 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.

(6) Failure of the other responsible party or mortgagee to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this ordinance is in violation of the Brevard County, Florida Code of Ordinances and shall be subject to Sec. XX-008 Enforcement and Persons Responsible for Violations.

Upon registration of any dwelling unit as set forth in this Ordinance, a Brevard County Code Enforcement Officer shall conduct an inspection of the registered real property to determine its compliance with the provisions of this Chapter and all other provisions of the Brevard County Code of Ordinances Sec. XX-005. Responsibilities of owners of vacant, blighted, unsecured or abandoned structures

No owner, other responsible party, or mortgagee shall maintain a vacant, blighted, unsecured or abandoned structure.

(I) All owners, other responsible parties, and mortgagees of vacant, blighted, unsecured or abandoned structures shall comply with the requirements of subsections (2) through (8).

(2) 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 including, but not limited to, furniture, clothing, large and small appliances, or any other items that give the appearance that the property is abandoned or not being properly maintained. Weeds, overgrown brush or dead vegetation over ten (10) inches tall or as otherwise prohibited by the Code of Ordinances of Brevard County are prohibited.

(3) All owners, or other responsible parties, or mortgagees of a vacant, blighted, unsecured or abandoned structure or property shall be responsible for removing unauthorized signs, posters and graffiti from any structure's exterior unless exempted by this article or the Code of Ordinances of Brevard County.

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(4) Every owner, other responsible party, or mortgagee ofa vacant, blighted, unsecured or abandoned structure or property shall keep the premises free from rodents, insects, vermin, and other wild animals.

(5) The roof of every structure shall be well drained of rain water and free from holes and damage.

(6) All materials used to secure vacant, blighted, unsecured or abandoned structures shall be painted in a workmanlike fashion in the same color as its other exterior walls.

(7) Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements af the Code of Ordinances of Brevard County and the Florida Building Code.

(8) Failure of the owner, other responsible party, or mortgagee to properly maintain the property is a violation of the Brevard County, Florida Code of Ordinances shall result in enforcement action in accordance with Sec. XX-008 Enforcement and Persons Responsible or Violations.

Sec. XX-006. Security Requirements

(1) All owners, other responsible parties, or mortgagees are responsible for maintaining their abandoned and/or vacant properties in a secure manner so as not to be accessible to unauthorized persons.

(2) All owners, other responsible parties, or mortgagees of a vacant, blighted, unsecured or abandoned structure or property shall secure and maintain all entrances and all other openings of structures, including but not limited to windows and doorways. 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 shall allow a child or adult to access the interior of the property and/or structure. Broken windows shall be secured by re-glazing or boarding. Such vacant, blighted, unsecured or abandoned structure shall be secured as follows:

a. All entrances, windows and other openings shall be secured with approved materials. Entrances and windows above the ground floor shall be regarded as secure if the entrances and windows are locked and not otherwise open to entry and the windows contain glass that is not cracked or broken or shutters that prevent entry.

(3) Any excavations or swimming pools, whether finished or unfinished, must be filled in with dirt or properly barricaded in accordance with Section _ of the Brevard County Code of Ordinances.

(4) If a mortgage on the property is in default and the property has become vacant or abandoned, a local property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the Brevard County, Florida Code of Ordinances and any other applicable laws or ordinances of the county.

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(5) If the property is vacant or abandoned, the property shall be posted with the name and twenty-four (24) hour contact telephone number of the other responsible party's or mortgagee 's local agent. The posting shal l be no less than IS" X 24", and shall be clearly visible from the street but not readily accessible to vandals. The posting shall contain the following language:

THIS PROPERTY IS MANAGED BY:

TO REPORT ANY PROBLEMS OR CONCERNS CALL:

(6) Failure of the other responsible party or mortgagee to properly maintain the property is a violation of the Code of Ordinances and shall result in enforcement action in accordance with Sec. XX-OOS Enforcement and Persons Responsible for Violations.

Sec. XX-007. Enforcement and Persons Responsiblefor Violations

(J) Enforcement. The requirements of this ordinance may be enforced as follows :

a. By Special Magistrate Proceeding as authorized pursuant to Chapter 162, Part I, Florida Statutes, and/or Chapter _, Division _ of the Brevard County Code of Ordinances;

b. By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction;

c. By revocation or temporary suspension of necessary permits and/or certifications or occupancy and/or licenses; or

d. By any other process permitted at law or equity, and

Use of one enforcement process or theory does not preclude the county from seeking the same, different, or additional relief through other enforcement methods.

(2) Persons responsible for violations. The local agent, owner, mortgagee, or other responsible party as defined in this ordinance, and their duly authorized officers, employees or agents employed in connection therewith who has assisted in the commission of the violation or failed to perform as required by the ordinance shall be guilty of the violation. In addition to those persons and the persons generally responsible for violations of the Brevard County Code of Ordinances, any person (or officer, agent, or employee thereof) causing or contributing to a violation, or exercising care, custody or control of the relevant premises may also be held responsible for the violation.

Sec. XX-OOS. Opposing, obstructing enforcement officer; penalty.

Whoever opposes, obstructs or resists any enforcement officer, or any person authorized by the County, in the discharge of duties as provided in this Ordinance, upon conviction shall be sanctioned as provided in the Brevard County, Florida Code of Ordinances or Chapter 162, Florida Statutes.

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Sec. XX-09. Immunity of enforcement officer.

Any enforcement officer, or any person authorized by the County Manager to enforce this ordinance, shall be immune from prosecution, civil or criminal, for reasonable, good faith entry or trespass upon real property while in the discharge of duties imposed by this article.

Sec. XX-Olo. Additional authority.

The County Manager or designee shall have authority to require the owner of record, other responsible party or mortgagee of any property affected by this ordinance to require an on-site security guard. Failure to comply with the terms of this Chapter shall constitute a continuing public nuisance. The County shall have the authority to promptly abate the nuisance, in whole or in part, at the expense of the owner of record, other responsible party, or mortgagee.

Sec. XX-OIL Supplemental provisions.

Nothing contained in this ordinance shall prohibit the County from enforcing its codes by any other means authorized by law.

Section 2. Severability. If any provisions of this ordinance or the application thereof

to any person or circumstances is held invalid or unconstitutional, such invalid or

unconstitutional portion shall be deemed a separate, distinct and independent provision, and such

holding shall not affect the validity of the other portions of this ordinance, provided the

remaining portions effectuate the purpose and intent of this ordinance.

Section 3. Inclusion in Code. It is intention of the Board of County Commissioners

that the provisions of this ordinance shall become and be made a part of the Code of Ordinances

of Brevard County, Florida, and that the sections of this ordinances may be renumbered or re-

lettered and that the word "ordinance" may be changed to "section," "article," or such other

appropriate word or phrase in order to accomplish such intentions.

Section 4. Conflicting Provisions. In the case of a direct conflict between any

provisions of this ordinance and a portion or provision of any other appropriate federal, state, or

county law, rule, code or regulation, the more restrictive shall apply.

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Section S. Area Encompassed. This ordinance shall take effect only in the

unincorporated areas of Brevard County, Florida.

Section 6. Effective Date. This ordinance shall take effect upon adoption and filing

as required by law. A certified copy of this ordinance shall be flied with the Office of the

Secretary of State, State of Florida within ten (10) days of enactment.

DONE, ORDERED AND ADOPTED, in regular session, this _ day of ___ _

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ATTEST:

Mitch Needelman, Clerk

BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA

By:_-=-..,.....,..,--,--_=--=--__ Chuck Nelson, Chairman

As approved by the Board on ____ , 20_

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