R10-004
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1 RESOLUTION RIO- 00 ....,
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~ A RESOLUTION OF THE CITY COMMISSION OF THE
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~ CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER AND CITY
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~ CLERK TO EXECUTE AN AGREEMENT BETWEEN
b, THE CITY OF BOYNTON BEACH AND FEDERAL
" PROPERTY REGISTRATION CORP., FOR
THE
ADMINISTRATION OF THE CITY'S ABANDONED
I PERSONAL AND REAL PROPERTY ORDINANCE 09-
1 040; AND PROVIDING AN EFFECTIVE DATE.
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:~ WHEREAS, due to an overwhelming number of mortgage foreclosures on
residential and commercial properties that are in violation of the City's Code of ordinances,
1~ the care of neglected lawns and exterior maintenance of structures is becoming a health and
111 welfare issue in the City of Boynton Beach; and
lij WHEREAS, the attached Agreement will reduce time spent by staff contacting
11 various lenders in an attempt to get them to register their property and comply with the
~J City's Codes; and
~j WHEREAS, upon recommendation of staff, the City Commission has determined
~ that it is in the best interests of the residents of the City to approve and authorize the City
Manager to execute an Agreement between the City of Boynton Beach and Federal Property
Jl Registration Corporation for the administration of the City's Abandoned Personal and Real
Property Ordinance 09-040.
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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't THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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# Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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'9 being true and correct and are hereby made a specific part of this Resolution upon adoption
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Jp hereof.
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~p Section 2. The City Commission of the City of Boynton Beach, Florida does
!~ hereby approve and authorize and direct the City Manager and City Clerk to execute an
t
ir Agreement between the City of Boynton Beach and Federal Property Registration
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1 Corporation for the administration of the City's Abandoned Personal and Real Property
2 Ordinance 09-040, a copy of which is attached hereto as Exhibit "A".
n Section 3. This Resolution will become effective immediately upon passage.
i: PASSED AND ADOPTED this Sti:a-ay of January, 2010.
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CITY OF BOYNTON BEACH, FLORIDA
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~ Commissioner - Marlene Ross
~ ATTEST:
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t M. Prainito, CMC
I Clerk I
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AGREEMENT BETWEEN TIlE CITY OF BOYNTON BEACH
AND
FEDERAL PROPERTY REGISTRATION CORP.
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This Agreement is made as of this a day of 3CA..'(',~ 20e9-by and between
Federal Property Registration Corp, a Florida Corporation, with offices at 6767 N.
Wickham Rd., Suite 400, Melbourne, FL 32940 ("FPRC''), and the City of Boynton
Beach, a Florida mwricipal corporation, with an address at 100 East Boynton Beach
Boulevard, Boynton Beach, FL 33435 (the "City").
WITNESSETH:
WHEREAS, because of an overwhelming number of mortgage foreclosures on
residential and commercial properties that are in violation of the City of Boynton Beach
Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is
becoming a health and welfare issue in the City of Boynton Beach; and,
WHEREAS, in order to promptly and efficiently address the issues related to the
maintenance of foreclosed residential and commercial properties; the City Commission
adopted Ordinance 09-040, the City's Property Registration Ordinance (the
"Ordinance"); and
WHEREAS, pursuant to the Ordinance the City desires to enter into this
Agreement with FPRC in order to provide services authorized pursuant to Ordinance 09-
040, to register vacant, abandoned, and foreclosed properties so that the City can properly
address violations of the City's property maintenance codes (hereinafter "foreclosed
property").
WHEREAS, FPRC will also provide an electronic registration process that is
cost-free and revenue-generating for the City.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. FPRC RESPONSmILITIES
A. FPRC will cite the City's ordinance to mortgagees and pro actively contact
those that file a public notice of default, lis pendens, foreclosure action, and or
take title to real property via foreclosure or other any legal means. FPRC will
electronically provide for registration of foreclosed properties in violation of
applicable City ordinances.
B. FPRC will pay for all expenses related to registration of all foreclosed
property, and all administrative costs and fees related thereto. FPRC will
investigate, report, or take corrective measures monthly to update property status
of all foreclosed property electronically registered and in compliance with the
relevant City ordinances.
C. FPRC will charge a fee of One Hundred Fifty Dollars ($150.00) per
applicant to register all mortgagees who comply with Ordinance C'Registration
Fee'). FPRC shall remit fifty percent (500.10) of the Registration Fee to the City in
consideration of the services provided. FPRC shall forward payment of the City's
portion of the registration fee to the City's Finance Department no later than the
5th day of the month during the term of this Agreement.
D. FPRC agrees to provide a website for the registration of each foreclosed
property in order to enable compliance with the City's ordinances. The web site
will direct registrants to the City's website, and finther direct traffic, via a
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hyperlink, to www.VacantRegistry.com. The website found at
www.VacantRegistrv.com will automatically allow lenders and/or responsible
parties to comply with the City's Codes.
E. FPRC, will execute the City's website Link agreement and meet all City
IT security, and anti-viral requirements.
2. Indemnification:
A. FPRC shall indemnify and save harmless and defend the City, its trustees,
elected and appointed officials, agents, servants and employees from and against
any claim, demand or cause of action of whatsoever kind or nature arising out of
error, omission, or negligent act of FPRC, its agents, servants or employees in the
performance of its obligations pursuant to this Agreement, for all costs, losses and
expenses, including but not limited to, damages to persons or property,
judgments, reasonable attorney's fees, paralegal expenses, and court costs at both
the trial and appellate levels arising out of or in connection with the operations
permitted under this Agreement.
B. The parties recognize that various provisions of this Agreement, including
but not necessarily limited to this Section, provide for indemnification by FPRC
and requires a specific consideration be given therefor. The parties therefore
agree that the sum ofTen Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities, and the
providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by FPRC. Furthermore, the parties
understand and agree that the covenants and representations relating to this
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indemnification provision shall serve the term of this Agreement and continue in
full force and effect as to the party's responsibility to indemnify. FPRC will
indemnify and hold City harmless for any negligent acts of FPRC or for any
violation of any intellectual property laws, contracts or statutes.
3. TERM. This Agreement will terminate one (1) year from the date it is executed
by the City. In addition, the parties may agree to renew this Agreement for an additional
one (1) year tenn through the execution of a written amendment to this Agreement signed
by both parties.
4. TERMINATION. This Agreement may be terminated by either Party with or
without cause, immediately upon thirty (30) calendar days written notice. Upon
termination by City, FPRC shall cease all work performed herewKier and forward to City
any Registration Fees owed to the City.
5. CONTRACT DOCUMENTS: The following list of documents which are
attached hereto as exhibits to this Agreement shall be incorporated into this Agreement,
as if fully set forth herein by reference:
A. Request for Quotation for Administrator of Records for
AbandonedlForeclosedNacant Properties - Quote #OO7~2120-
10tCJD;
B. Response to Request for Quotation submitted by FPRC dated
October 9,2009;
C. City Ordinance 09-040, dated September 14, 2009;
6. INSURANCE. FPRC shall provide and maintain in force at all times during the
Agreement with the City, such insurance, including Workers' Compensation and
Employer's Liability Insurance, Comprehensive General Liability Insmance, Automobile
Liability Insmance and Errors and Omissions Insurance as will assure to CITY OF
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BOYNTON BEACH the protection contained in the foregoing indemnification
Wldertaken by FPRC.
A. Workers' Compensation Statutory limits with $100,000 Employers
Liability .
B. Commercial General Liability Insurance with limits of no less than
$1,000,000.00. Bodily injury shall include operations and premises
liability, products and completed operations, owners, and contractors
protective liability and personal injury liability.
C. Business Auto Liability coverage is to include bodily injury and property
damage arising out of operation, maintenance or use of any auto, including
owned, non-owned and hired automobiles and employee non-ownership
with limits of not less than $1,000,000.00 per occurrence.
D. Errors and Omissions Insurance limits of liability provided by such policy
shall be no less than $1,000,000.00 to assure City the indemnification
specified herein.
E. A Certificate of Insurance acceptable to the City shall be provided listing
the above coverages and providing 30 days prior written notice to the City
in the case of cancellation. The City shall be named as an additional
insured and a certificate holder on the Commercial, General, Automobile,
and Professional. Liability Policies with a waiver of subrogation on the
Workers' CompensationlEmployer's Liability Policy. A copy of the
certificate shall be mailed to the City's Risk Management Department at
the time FPRC executes this Agreement.
7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records,
applications, files and other materials produced by FPRC in connection with the services
rendered pursuant to this Agreement shall be the property of the City, and shall be
provided to City upon request. FPRC shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with FPRC's endeavors. In the event of tennination of this Agreement, any
reports, records, documents, forms, and other data and documents prepared by FPRC
whether finished or unfinished shall become the property of the City, and shall be
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delivered by FPRC to the City Manager within seven (7) days of termination of this
Agreement by either party. Any compensation due to FPRC shall be withheld Wltil all
documents are received as provided herein.
8. AUDIT AND INSPECTION RIOIITS AND RETENTION OF RECORDS.
A. City shall have the right to audit the books, records and accounts of FPRC
that are related to this Agreement. FPRC shall keep such book, records, and
accounts as may be necessary in order to record complete and correct entries
related to this Agreement. FPRC shall preserve and make available, at reasonable
times for examination and audit by the City, all fmancial records, supporting
documents, statistical records, and any other documents pertinent to his
Agreement for the required retention period of the Florida Public Records Act
(Chapter 119, Florida Statutes), if applicable. or. if the Florida Public Records Act
is not applicable, for a minimum period of three (3) years after termination of this
Agreement, unless FPRC is notified in writing by the City of the need to extend
the retention period. Such retention of such records and documents shall be at
FPRC's expense. If an audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years. whichever is longer,
the books, records, and accOWlts shall be retained until resolution of the audit
findings. If the Florida Public Records Act is determined by the City to be
applicable to FPRC's records, FPRC shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either federal or
state law shall be violated by FPRC. Any incomplete or incorrect entry in such
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books, records, and accounts shall be a basis for City's disallowance and recovery
of any payment upon such entry.
B. In addition, FPRC shall respond to the reasonable inquiries of any
successor companies and allow and successor companies to receive working
papers relating to matters of continuing significance. In addition, FPRC shall
provide a complete copy of all docwnents papers to the City, prior to any final
payment, in accordance with this Agreement.
9. INDEPENDENT CONTRACTOR. This Agreement does not create an
employee/employer relationship between the parties. It is the intent of the parties that
FPRC is an independent contractor under this Agreement and not the City's employee for
all purposes, including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insW'8Dce law.
FPRC shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out FPRC's activities and responsibilities hereunder. FPRC agrees that it is a
separate and independent enterprise from the City, that it has full opportunity to find
other business, that it make its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. This Agreement shall not be construed
as creating any joint employment relationship between FPRC and the City and the City
will not be liable for any obligation incurred by FPRC, including but not limited to
unpaid minimum wages and/or overtime premiums.
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10. NOTICES. Whenever any party desires to give notice unto any other party, it
must be given by written notice, sent by registered United States mail, with return receipt
requested, hand delivery or facsimile transmission with receipt of delivery, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and
the places for giving of notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this section. Notice shall be deemed
to have been given upon receipt. For the present, FPRC and the City designate the
following as the respective places for giving of notice:
CITY: City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Copy To: James A. Chernf> City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
FPRC: Rodney R. Brace, President
Federal Property Registration Corp.
6767 N. Wickham Road, Suite 400
Melbourne,FL 32940
Telephone No. (321) 421-6639
Facsimile No. (321)
It. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by FPRC without the
prior written consent of City. For purposes of this Agreement, any change of ownership
of FPRC shall constitute an assignment which requires City approval. However, this
Agreement shall run to the City and its successors and assigns.
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12. AMENDMENTS. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained
in a written document executed with the same formality and of equal dignity herewith..
13. CONTINGENT FEES. The parties acknowledge that Geoffrey B. Sluggett
and Associates, Inc., Relationship Manager, Independent Contractor and Consultant of
FPRC will receive a fee or a commission, to be paid by FPRC, as a result of the parties
executing this Agreement. Geoffrey B. Sluggett and Associates, Inc. is not a full-time
employee of FPRC and performs services for others.
14. BINDING AUTHORITY. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
15. LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the
City, county, state, federal or other public agencies directly relating to the operations
being conducted pursuant to this Agreement.
16. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this
Agreement, FPRC shall not discriminate against any firm, employee or applicant for
employment or any other firm or individual in providing services because of sex, age,
race, color, religion, ancestry or national origin.
17. WAIVER. My failure by City to require strict compliance with any provision
of this Agreement shall not be construed as a waiver of such provision, and City may
subsequently require strict compliance at any time, notwithstanding any prior failure to
do so.
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18. SEVERABILITY. If any provision of this Agreement or application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent pennitted by law.
19. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Palm Beach County, Florida.
20. ATIORNEY'S FEES AND COSTS. In the event of a dispute arising out oftrus
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees,
paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and
appellate levels.
21. ENTIRE AGREEMENT. This Agreement represents the' entire and integrated
agreement between the CITY and the FPRC and supersedes all prior negotiations,
representations or agreements, either written or oral.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals
the day and year first above written.
Attest:
CITY OF B~YNTON BEACH
By: rV~~
Kurt Bressner, City Manager
I j day of J~~(J/()(date)
By
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FEDERAL PROPERTY REGISTRATION
CORP. ~
A]:WW By: ~
Rodney R. Brace, President
Print Name: CCA,.h~ VJG.\~(...... Date:
Title: ~I~....\ ~(.<
(SEAL)
STATE OF FLORIDA )
COUNTY OF S-r. ::T ~ () ) SS
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BEFORE ME, an officer duly a~ by la~ administer oaths and take
acknowledgments, personally appeared "-1 ~. Ilt:..i!.- of Federal
Property Registration Corp. who is personally known to me or has produced
fL l:>. l.I~~~ as identification, and acknowledged execution
of the foregoing Agreement as the proper official of Federal Property Registration Corp.
of for the use and purposes mentioned in it and that the instrument is the act and deed of
the Corporation.
IN WITNESS OF THE FOREGOING, I have set my hand an
in the ;:te and County aforesaid on this
~u ,r . 2009. ~
NOTARY PUBLIC
My Commission Expires: DWtA GONZALI!
DNT:dnt f ~ NoIIry PubIc. 8IIlI of FIDrlda
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My comm. .... Illy GI, 2011
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I ORDINANCE NO. 09- 040
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CHAPTER 10,
7 "GARBAGE, TRASH, OFFENSIVE CONDITIONS,"
8 ARTICLE III, "ABANDONED PROPERTY," BY
9 ENACTING A NEW SECTION 10-51.5, ENTITLED
10 "AR '.NDONED PERSONAL AND REAL PROPERTY";
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
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14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
15 order to provide for additional enforcement and monitoring mechanisms that will assist the City
16 in monitoring abandoned personal property located on private property throughout the City;
17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
18 order to provide a process by which real property, subject to foreclosure, is maintained in
19 accordance with the City's property maintenance code. and a mechanism for keeping track of
20 the current owner or mortgage holder of the property; and
21 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety,
22 and welfare ofthe residents, citizens, and business within the City of Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section l. The foregoing whereas clauses are true and correct and are now ratified and
26 confirmed by the City Commission.
27 Secti on 2. That Article Ill, "Abandoned Property," of the City of Boynton Beach
28 Code of Ordinances, be, and the same is hereby amended by enacting a new Section 10-63,
29 entitled "Abandoned Personal and Real Property". to read as follows:
30 Sec. 10-51.5. Abandoned Personal and Real Property
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I (a) Purpose and intent. It is the purpose and intent of this section to establish a process to address the
2 amount of abandoned personal and real properlY located within the citv. This section is further intended
3 to specificallv establish an abandoned residential property program as a mechanism to protect
4 residential neighborhoods from becoming blighted through the lack of adequate maintenance and
5 security of abandoned properties.
6 (b) Definitions. The following words, terms and phrases. when used in this chapter, shall have the
7 meanings ascribed to them in this section, except where the context clearlv indicates a different
8 meaning:
9 ( I) Abandoned versonal vroverty means property which has been left abandoned and unprotected
10 from the elements and shall include. but not be limited to, wrecked, inoperative or partiallv dismantled
11 trailers. boats. machinery, refrigerators, washin~ machines, plumbing fixtures, furniture and anv other
12 similar article which has been left abandoned and unprotected from the elements.
13 (2) Abandoned real vroverty means anv properlY that is vacant or is under a current notice of default
14 and/or notice of mortgagee's sale bv the lender or a pending tax assessors lien sale and/or properties that
15 have been the subiect of a foreclosure sale where the title was retained bv the beneficiary of a mort!J;age
16 involved in the foreclosure and anv properties transferred under a deed in lieu of foreclosure or sale.
17 (3) Accessible property means a properlY that is accessible through a compromised/breached gate,
18 fence, wall, etc.
19 (4) Accessible structure means a structure/building that is unsecured and/or breached in such a wav as
20 to allow access to the interior space by unauthorized persons.
21 (5) Enforcement officer means any full-time law enforcement officer, building official, code
22 enforcement officer. fire inspector or building inspector employed within the city.
23 (6) Evidence of vacancv means any condition that on its own. or combined with other conditions
24 present would lead a reasonable person to believe that the properlY is vacant. Such conditions may
25 include. but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal
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I i . properlY, as defined herein, statements bv neighbors, passers-bv, delivery agents or government agents,
2 among other evidence that the properlY is vacant.
3 (7) Foreclosure means the process by which a properlY, placed as security for a real estate loan. is
4 sold at public sale to satisfy the debt if the borrower defaults.
5 (8) Nominal salvaf!e value means the value of an article of abandoned or derelict property which a
6 reasonablv prudent person would believe is the fair market value of the properlY, taking into
7 consideration its useful life, earning capacity or replacement cost. less depreciation and items of general
8 or special depreciation, would be nominallv greater than the costs of salvage including the removal.
9 transportation, storage and sale of same.
10 (9) Proverty manafJement comvanv means a local property manager. property maintenance company
11 or similar entity responsible for the maintenance of abandoned real properlY.
12 (10) Public vroverty means canals, all waterways. lands and improvements owned bv governmental
13 bod v or anv governmental agencv including but not limited to easements and rights-of-wav, but
14 excluding the campus of an v institution of the state university svstem.
15 ( J I) Residential buildini! means anv improved real properlY, or portion thereof. situated in the city,
16 designed or permitted to be used for dwelling purposes, and shall include the buildings and structures
17 located on such improved real property.
18 (12) Vacant means anv building/structure that is not legallv occupied.
19 ( c) Avvlicability. This section shall be considered cumulative and not superseding or subiect to any
20 other law or provision for same. but shall rather be an additional remedy available to the city above and
21 bevond any other state. county and/or local provisions for same.
22 (d) Penalties. Any person who shall violate the provisions of this section shall, upon conviction, be
23 punished as provided in section 1-6 of the City of Bovnton Beach Code of Ordinances Code as
24 applicable. In addition. any violation of this section mav be enforced through the City's Code
25 Compliance Board as provided in Chapter 2, Article V, of the City's Code of Ordinances.
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I (e) Placement of abandoned versonal provertv on vrivate vrovertv vrohibited.
2 ( I) It shall be unlawful for anv person to abandon personal properlY upon private property:
3 a. Without such receiving property owner's consent: or
4 b. In violation of this or anv other applicable law, ordinance or regulation.
5 (2) Nothing in this section shall be deemed to apply to abandoned personal property authorized to be
6 left on private business properlY properly operated, licensed and zoned in the City for the purpose of
7 accepting abandoned properlY.
8 (f) Public nuisance. All abandoned personal properlY and abandoned real properlY is hereby declared
9 to be a public nuisance, the abatement of which pursuant to the police power is herebv declared to be
10 necessary for the health, welfare and safety of the residents of the city.
11 (g) Notification procedure. When an enforcement officer ascertains that an article of personal properlY
12 having nominal salvage value lies abandoned or derelict upon private property, that officer shall:
13 ( J) Cause a notice to be placed upon such abandoned properlY in the substantially following form:
14 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
15 FOLLOWING DESCRIBED PROPERTY:
16 ( setting forth brief description)
17 LOCATED AT:
18 ( setting forth brief description of location) is:
19 IMPROPERLY STORED AND IS IN VIOLATION OF
20 (setting forth ordinance or violation violated)
21 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS
22 NOTICE: OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED
23 PROPERTY AND MAYBE REMOVED AND SOLD OR DESTROYED BY ORDER
24 OF THE CITY OF BOYNTON BEACH, FLORIDA. DATED THIS:
25 ( setting forth the date of posting of notice)
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I SIGNED
2 (setting forth name, title, address and telephone number of enforcement officer)
3 (2) Such notice shall be not less than ei!J;ht (8) inches bv ten ( J 0) inches and be sufficientlv
4 weatheroroofto withstand normal exposure to the elements.
5 (3) The enforcement officer shall make reasonable effort to ascertain the name and address of the
6 owner of the abandoned properlY and. if such address is reasonably available, the officer shall mail bv
7 certified mail a copv of the notice to the owner on or before the date of posting the above-described
8 notice on the abandoned personal property.
9 (4) The enforcement officer shall mail bv certified mail a copv of the above-described notice to the
10 owner of the real properlY upon which the abandoned personal property is located. as shown by the real
11 estate tax records as provided by the Palm Beach County ProperlY Appraiser's Office or anv other
12 address provided to the local government by such owner, on or before the date of posting such notice.
13 (h) Removal of abandoned versonal proverty.
14 (]) If at the end of five (5) davs after posting notice under this section, the owner or any person
15 interested in such abandoned personal properlY described in the notice has not removed same. the city
16 mav seek an appropriate order from the special magistrate or code enforcement board and may
17 subsequently cause the article of abandoned personal propertv to be removed and destroved. and the
18 salvage value, if anv. of such article shall be retained bv the city to be applied a~ainst the cost of
19 removal and destruction thereof.
20 (2) Before destruction, for abandoned property on private lands, at the end of the five (5) dav period of
21 posting of such notice. if the owner or person having: interest in the property has not removed the
22 abandoned property from private properlY, or shown reasonable cause for failure to do so. the City mav
23 cause the property so described to be removed bv a towing or salvage companv who shall cause the
24 article or articles of abandoned properlY to be removed and placed in storage if applicable with the local.
25 state and federal regulations. At the conclusion of the required storage, if the article is not claimed. and
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I if the salvage value is above one hundred dollars ($100.00), the towing company shall pav the City the
2 sum of twenty-five dollars ($25.00) or ten (10) percent of such value, whichever is greater. for the
3 administrative costs in handling with said article. If the article is claimed, the City shall receive twenty-
4 five dollars ($25.00) as an administrative fee.
5 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, from private
6 properlY to public properlY after the posting of said properlY by an enforcement officer.
7 (4) In the event that the abandoned properlY is deemed to be an imminent public health and safety
8 hazard. an enforcement officer is authorized to remove the property immediatelv. Subsequent to the
9 removal of the abandoned properlY. the City shall make reasonable and diligent efforts to ascertain the
10 owner and take the applicable action. If the abandoned properlY is on private properlY, the private
II properlY owner shall be provided notice and assessed the cost of removal of the abandoned properlY and
12 any required clean-up ofthe private propertv.
13 (i) Rei!istration of abandoned real vroperty.
14 ( I) Anv mortgagee who holds a mortgage on real properlY located within the City shall perform an
15 inspection of the properlY that is the security for the mort!J;age, upon default bv the mortgagor, . or
16 issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it
17 shall be deemed abandoned and the mortgagee shall, within ten ( 10) days of the inspection, register the
18 properlY with the City's Code Compliance Administrator, his/her designee. or the Citv's authorized
19 representative, on forms provided bv the City. A registration is required for each vacant properlY.
20 (2) If the properlY is occupied but remains in default. it shall be inspected bv the mortgagee or his
21 designee monthlv until ( 1) the mortgagor or other parlY remedies the default, or (2) it is found to be
22 vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall.
23 within ten (10) days of that inspection, register the properlY with the City's Code Compliance
24 Administrator, his/her designee, or the City's authorized representative, electronicallv via the City's
25 I website or on forms provided bv the City.
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I (3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing
2 address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number
3 and e-mail address and. the local property management company responsible for the security and
4 maintenance of the properlY and their direct contact name and telephone number of manager, facsimile
5 number and email address. and mobile number for direct contact.
6 (4) An annual registration fee in the amount of one hundred fifty dollars ($150.00). per properlY, shall
7 accompany the registration.
8 (5) This section shall also applv to properties that have been the subiect of a foreclosure sale where the
9 title was transferred to the beneficiary of a mortgage involved in the foreclosure and anv properties
10 transferred under a deed in lieu offoreclosure/sale.
11 (6) Properties subiect to this section shall remain under the annual registration requirement. security
12 and maintenance standards ofthis section as long as thev remain vacant.
13 (7) Anv person or corporation that has registered a property under this section must report any change
14 of information contained in the registration within ten (10) days of the change.
15 (i) Maintenance requirements.
16 (I) In addition to the complying with the City's ProperlY Maintenance Code, properties subiect to this
17 chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, iunk. debris, building
18 materials, anv accumulation of newspapers, circulars, tlvers, notices, except those required by federal,
19 state, or local law. discarded personal items included, but not limited to, furniture, clothing. large and
20 small appliances, printed material or any other items that give the appearance that the property is
21 abandoned.
22 (2) The properlY shall be maintained free of graffiti or similar markings by removal or painting over
23 with an exterior grade paint that matches the color of the exterior structure.
24 (3) Front. side. and rear vard landscaping shall be maintained in accordance with the City's Code of
25 Ordinances at the time registration was required.
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1 (4) Landscape shall include, but not be limited to, grass. ground covers, bushes, shrubs, hedges or
2 similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential
3 installation. Landscape shall not include weeds, gravel. broken concrete, asphalt or similar material.
4 (5) Maintenance shall include, but not be limited to. watering, irrigation, cutting. and mowing of
5 required landscape and removal of all trimmings.
6 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris.
7 Pools and spas shall comply with the enclosure requirements of this Code and Florida Building Code, as
8 amended from time to time.
9 (7) Failure of the mortgagee and/or properlY owner of record to properly maintain the property may
10 result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
11 City Code Compliance Officer. Pursuant to a findinlJ; and determination by the City's Code Compliance
12 Board, the City may take the necessary action to ensure compliance with this section.
13 (k) Securitv reauirements.
14 (I) Properties subiect to this section shall be maintained in a secure manner so as not to be accessible
15 to unauthorized persons.
16 (2) A "secure manner" shall include. but not be limited to. the closure and locking of windows, doors.
17 gates and other openings of such size that may allow a child to access the interior of the properlY and/or
18 structure. Broken windows shall be secured bv re-glazing.
19 (3) A local properlY management companv shall be contracted to perform bi-weeklv inspections to
20 verify compliance with the requirements of this section. and any other applicable laws.
21 (4) The propertv shall be posted with the name and twenty-four (24) hour contact phone number of the
22 local properlY management company. The posting shall be no less than an eight-inch bv ten-inch sign.
23 The posting shall contain the following language:
24 THIS PROPERTY IS MANAGED BY:
25 (Name of properlY management companv)
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1 TO REPORT PROBLEMS OR CONCERNS CALL:
2 (Telephone number of properlY management company)
3 The posting shall be placed on the interior of a window facing the street to the front of the property so it
4 is visible. or secured to the exterior of the building/structure facing the street to the front of the properlY
5 so it is visible or, if no such area exists, on a stake of sufficient size to SUPDort the posting in a location
6 as close as possible to the main door entrance of the properlY. Exterior posting shall be constructed of
7 and printed with weather-resistant materials.
8 (5) The local properlY management companv shall inspect the property on a bi-weeklv basis to ensure
9 that the properlY is in compliance with this section. Upon the request of the City. or its authorized
10 representative, the local properlY management companv shall provide a cOPv of the inspection reports to
II the Code Compliance Department.
12 (6) Failure of the mortgagee and/or properlY owner of record to properlv maintain the properlY may
13 result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
14 City Code Compliance Officer. Pursuant to a finding and determination by the City's Code Compliance
15 Board. the City may take the necessary action to ensure compliance with this section.
16 II) Opvosini!. obstructini! enforcement officer: venaltv. Whoever opposes. obstructs or resists anv City
17 officer or anv person authorized bv the City in the discharge of duties as provided in this section. upon
18 conviction shall be punished as provided in herein.
19 (m) Immunity of Code Comvliance Officer. Anv Code Compliance Officer or any person authorized
20 by the City to act pursuant to the City's Code of Ordinances. or state law. shall be immune from
21 prosecution, civil or criminal. for reasonable. good faith trespass upon real properlY while in the
22 discharge of duties imposed by this section.
23 (n) Additional authority. The City's Code Compliance Administrator, his/her designee. or the City's
24 authorized representative shall have authority to reauire the mortgagee and/or owner of record of anv
25 properlY affected by this section. to implement additional maintenance and/or security measures
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I including. but not limited to. securing any and all door, window or other openings. emplovment of an
2 on-site security guard. or other measures as may be reasonably required to help prevent further decline
3 of the property.
4 ( 0) Adoption of rules; exvenditure of fUnds; declaration of municival vurvose. The City Manager,
5 consistent with his/her duties and authorities under the City Charter. includinlJ; those duties and
6 authorities relating to emergency situations. is authorized and empowered to adopt rules and regulations
7 and expend City funds as mav be reasonably necessary and available to carry out the terms of this
8 section. the expenditure of such funds being declared a proper municipal purpose.
9 Section 3. Each and every other provision of the City of Boynton Beach Code of
10 Ordinances not herein specifically amended, shall remain in full force and effect as originally
11 adopted.
12 Section 4. All laws and ordinances applying to the City of Boynton Beach in
13 conflict with any provisions of this ordinance are hereby repealed.
14 Section 5. Should any section or provision of this Ordinance or any portion thereof
15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
16 remainder of this Ordinance.
17 Section 6. Authority is hereby given to codify this Ordinance.
18 Section 7. This Ordinance shall become effective immediately.
19 FIRST READING this ~ day of ~, 2009.
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1 SECOND, FINAL READING AND PASSAGE this --.!.':L day of ~TeMbe.(' ,
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4 " CITY OF BOYNTON BEACH, FLORIDA
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