§ 42-33. Abandoned real property.

(a)

Purpose and intent . It is the purpose and intent of the city to establish a process to address the amount of abandoned real property located within the city. It is the city's further intent to specifically establish an abandoned residential and commercial property registration program as a mechanism to track abandoned properties and protect residential neighborhoods and commercial districts from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(b)

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

Abandoned real property means any structure, building or dwelling unit, as defined under the City of Port Orange Land Development Code, and the land on which it is situated, that is vacant and is under a current notice of default, or subject to a recorded lis pendens, or notice of mortgagee's sale by the lender or a pending tax assessor's lien sale and 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 deed in lieu of foreclosure or sale.

Accessible real property means real property that is accessible through a compromised or breached gate, fence, window, wall, door, or other access way.

Accessible structure means a structure, building, or dwelling unit that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

Enforcement officer means any employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city council, including, but not limited to, the city manager, assistant city manager, chief building official, code compliance inspector, police chief, police officer, community service officer, fire chief, fire enforcement officer, and any other person designated in writing by the city manager.

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 or dead vegetation, accumulation of debris or trash on abandoned real property, as defined herein, statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacant.

Foreclosure means a civil action whereby a mortgagee either takes title to or forces the sale of the mortgagor's property to satisfy the debt upon the mortgagor's default.

Private real property means all land and improvements other than public land and improvements.

Property means any real property approved for residential or commercial use, or portion thereof located in the city, including buildings, structures or dwelling units situated on the property. For purposes of this section only, property does not include property owned or subject to control of the city or any of its governmental bodies.

Property management company means a local licensed property manager or property maintenance company or similar entity responsible for the maintenance of abandoned real property.

Public property means all canals and waterways, lands and improvements owned by a governmental body or any governmental agency including but not limited to easements and rights-of-way.

Residential building means any improved real property or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property.

Vacant or vacated means a structure, building or dwelling unit deemed to be vacated and to have become vacant whenever an occupying owner or tenant ceases to occupy the structure, building or dwelling unit according to its intended use.

(c)

Applicability. This article [section] shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the city above and beyond any other state, county or local provisions for same.

(d)

Registration of abandoned property.

(1)

Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten days of the inspection, register the property with the city manager, or his or her designee, or the city's agent, on forms provided by the city. A registration is required for each vacant residential property or vacant commercial property. Land that has not been cleared and is in its natural state is not considered improved property for the purposes of this section.

(2)

Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortgagee, a facsimile number and e-mail address and, in the case of a corporation or out-of-area mortgagee, the local property responsible for the security and maintenance of the property. The mailing address shall not be a post office box.

(3)

The local property management company will be named in the registration and available to be contacted by the city, or the city's agent, Monday through Friday between 9:00 a.m. and 5:00 p.m., federal holidays excepted.

(4)

An annual registration fee in the amount of $150.00, per property, shall accompany the registration form(s) and shall be due on or before October 1.

(5)

This section shall also apply to properties 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 of foreclosure/sale.

(6)

Properties subject to this section shall remain under the annual registration requirement, security, and maintenance standards of this section so long as they remain vacant or until mortgagee no longer has a security interest in the property.

(7)

Any person or corporation that has registered a property under this section must report any change of information contained in the registration to the city manager, or his or her designee, or the city's agent, within ten days of the change.

(8)

If the property is owned by a corporate mortgagee, a local licensed property management company shall be contracted to perform bimonthly inspections to verify compliance with requirements of this section, and any other applicable laws.

(9)

The property shall be posted with the name and 24-our contact phone number of the local property management company. The posting shall be no less than an eight-inch by ten-inch sign. The posting shall contain the following information:

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 building/structure facing the street to the front of the property so it is visible or, if no such area exists, on a stake of sufficient size to support the posting in a location as close as possible to the main door entrance of the property. Exterior posting shall be constructed of and printed with weather-resistant materials.

(10)

Upon the request of the city, the local property management company shall provide a copy of the inspection reports to code compliance division of the community development department. Failure of the mortgagee and/or property owner of record to properly maintain the property shall constitute a violation of this section.

(e)

Maintenance requirements.

(1)

Properties subject to this section shall be maintained in accordance with the City of Port Orange Code of Ordinances and the Land Development Code and any other applicable law, ordinance or regulation.

(2)

The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

(f)

Security requirements.

(1)

Properties subject to this section shall be secured so as not to be accessible to unauthorized persons or animals.

(2)

Secured shall include, but be not limited to, the closure and locking of all windows, doors, gates, fences, swimming pool enclosures, and other openings of such size that may allow a person or animal to access the interior of the property and/or structure. Broken windows shall be secured by repairing or boarding the window.

(g)

Immunity of enforcement officer . Any code compliance inspector or any person authorized by law shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.

(h)

Additional authority . The city manager or his or her designee shall have authority to require the mortgagee and/or owner of record of any property subject to this section, to implement additional maintenance and/or security measures including, but not limited to: securing any and all doors, windows or other openings; abating any health, safety, or sanitary hazards; take additional landscape or lawn maintenance measures; or such other measures as are reasonably required for life, health and safety or to help prevent further decline of the property.

(i)

Penalties and enforcement . The provisions of this section shall be enforced and penalties imposed pursuant to chapter 2, article V, Code Enforcement, of the City of Port Orange Code of Ordinances, and any other remedies allowed by law or equity.

(Ord. No. 2011-36, § 1, 12-18-11)