§ 17-29. Registration of abandoned property.  


Latest version.
  • (a)

    Any foreclosing mortgagee who holds a mortgage on a building or lot 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 filing of a notice of lis pendens and/or the issuance of a notice of default of the mortgage. If the building is found to be vacant or if the lot shows evidence of distress, it shall be deemed abandoned and the foreclosing mortgagee shall, within ten (10) days of the inspection, register the abandoned property with the city's code enforcement manager, or his or her designee, on a form provided by the city. A registration is required for each abandoned property.

    (b)

    If the building is occupied but remains in default, it shall be inspected by the foreclosing mortgagee or his designee monthly until (1) the mortgagor or other party remedies the default, or (2) the building is found to be vacant at which time it is deemed abandoned property, and the foreclosing mortgagee shall, within ten (10) days of the inspection that determines the property is abandoned property, register the abandoned property with the city's code enforcement manager, or his or her designee, on a form provided by the city.

    (c)

    Registration pursuant to this section shall contain:

    (1)

    The address and parcel control number of the abandoned property;

    (2)

    The name of the foreclosing mortgagee, the direct mailing address of the mortgagee, a direct contact representative of the mortgagee and telephone number for that representative, facsimile number and e-mail address and, in the case of a corporation or out-of-area mortgagee, the local property management company responsible for the security and maintenance of the property.

    (3)

    For purposes of notice, the name, telephone number, mailing address, and e-mail address of an individual or entity designated by the foreclosing mortgagee who has the authority to make decisions concerning the correction of violations and the abatement of nuisance conditions at the abandoned property, as well as any expenditure in connection therewith;

    (4)

    The city reserves the right to require such other information as needed to carry out the public purpose and intent of this article.

    (d)

    A nonrefundable annual registration fee in the amount of one hundred fifty dollars ($150.00), per abandoned property, shall accompany the registration form(s); the annual registration fee shall correspond to the fiscal year of the city and renewal of the registration shall be performed prior to October 1st of any year; the renewal of the registration with its accompanying fee shall be the responsibility of the foreclosing mortgagee and a failure to timely renew shall be subject to code enforcement action as provided in Chapter 2 of the Code of Ordinances for the City of Sunrise, and as pursuant to F.S. Ch. 162.

    (e)

    Any foreclosing mortgagee that has registered an abandoned property under this section must report any change of information contained in the registration within ten (10) days of the change to the city's code enforcement manager or designee.

    (f)

    Amendment of registration; non-transferability. If any of the information required by this section changes, the foreclosing mortgagee shall file an amended registration form within thirty (30) days of such change. Any notice of violation or legal process which has been delivered or served prior to the receipt by the city of an amended registration form shall be deemed effective service. Registration pursuant to this section shall not be transferable.

    (g)

    Applicability. Registration pursuant to this section shall be required for so long as the building is vacant or the lot shows evidence of distress. Any action or case initiated pursuant to this section may be presented to the special magistrate, unsafe structures board, court, or other entity with jurisdiction even if, prior to a hearing, the building is no longer vacant, the lot no longer shows evidence of distress, or the violation has been remedied.

(Ord. No. 532, § 2, 1-25-11; Ord. No. 532-12-A, § 6, 5-22-12)