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09-1310 Creating Article VI of Chapter 58, Residential Property Foreclosures
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09-1310 Creating Article VI of Chapter 58, Residential Property Foreclosures
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1/11/2010 1:35:16 PM
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1/5/2010 2:21:03 PM
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City Clerk
City Clerk - Doc Type
Ordinances
City Clerk - Date
12/14/2009
Doc Number
09-1310
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<br />Foreclosure means the process by which a property, placed as security for a real estate <br />loan, is sold at public sale to satisfy the debt if the borrower defaults. <br /> <br />Private property means all lands and improvements other than public lands and <br />improvements. <br /> <br />Property Management Company means a local property manager, property maintenance <br />company or similar entity responsible for the maintenance of real property. <br /> <br />Public property means canals, all waterways, lands and improvements owned by a <br />governmental body or any governmental agency including but not limited to easements <br />and rights-of-way, but excluding the campus of any institution of the state university <br />system. <br /> <br />Neglected real property means any improved property that is in default or foreclosure, <br />whether occupied or abandoned, which is not maintained as required by Casselberry <br />Code of Ordinances. These properties include, but are not limited to, those under a <br />current notice of default and/or notice of mortgagee's sale by the lender, or a pending tax <br />assessor's lien sale, and/or properties that have been the subject of a foreclosure sale <br />where the title was retained by the beneficiary of a mortgage involved in the foreclosure, <br />and any properties transferred under a deed in lieu of foreclosure or sale. <br /> <br />Residential building means any improved real property, or portion thereof, situated in the <br />City, designed or permitted to be used for dwelling purposes, and shall include the <br />buildings and structures located on such improved real property. <br /> <br />Vacant means any building/structure that is not legally occupied. <br /> <br />SECTION 4: APPLICABILITY. This chapter shall be considered cumulative <br />and not superseding or subject to any other law or provision for same, but shall rather be <br />an additional remedy available to the City above and beyond any other state, county <br />and/or local provisions for same. <br /> <br />SECTION 5: PENALTIES. Any person who shall violate the provisions of <br />this chapter shall, upon conviction, be punished as provided in Section 1-13 of the Code <br />of Ordinances. <br /> <br />SECTION 6: REGISTRATION OF ABANDONED REAL PROPERTY. <br />(a) Any mortgagee who holds a mortgage on real property located within the <br />City shall perform an inspection of the property that is the security for the <br />mortgage, upon default by the mortgagor prior to the issuance of a notice of <br />default. If the property is abandoned real property as defined herein, within ten <br />(10) days of the issuance of a notice of default the mortgagee will register the <br />property with the Police Department's Code Enforcement Section on forms <br />provided by the City. A registration is required for each abandoned real property <br />in default. <br /> <br />Ordinance No. 09-1310 <br />
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