09-1310 Creating Article VI of Chapter 58, Residential Property Foreclosures

Home Browse Search

WHEREAS, the City Commission finds it is necessary and in the best interest of the public's health, safety and welfare to adopt procedures whereby the City can control abandoned and neglected real property, and neglected residential property in default or foreclosure, within the City of Casselberry, NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1: SHORT TITLE. This Ordinance shall be known and may be cited as the "Casselberry Residential Property Foreclosure Ordinance". SECTION 2: PURPOSE AND INTENT. It is the purpose and intent of the City to establish a process to address the amount of real property located within the City which is in the default or foreclosure process. It is the City's further intent to specifically establish a program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. SECTION 3: DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned real property means any improved property that is vacant and is under a current notice of default and/or notice of mortgagee's sale by the lender or a pending tax assessors lien sale 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 a deed in lieu of foreclosure or sale. Accessible property means a property that is accessible through a comprisedlbreached gate, fence, wall, etc. Accessible structure means a structurelbuilding 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 fulltime law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector employed within the City. 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 may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property, utilities being shut off, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant. Ordinance No. 09- 1310