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CASSELBERRY CITY COMMISSION Minutes of August 13, 2012 — Regular Meeting Page 6 of 11 Js 7 '19 ; ' No items were scheduled on this agenda. A. Ordinance 12-1377— Amend City Code Chapter 58, Article VI, Residential Property Registration (LPA 12 -06) The City Clerk read Ordinance 12 -1376 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA; AMENDING THE CITY OF CASSELBERRY CODE OF ORDINANCES, PART II, CHAPTER 58, OFFENSES, PUBLIC NUISANCES AND MISCELLANEOUS PROVISIONS, ARTICLE VI, RESIDENTIAL PROPERTY FORECLOSURES TO INCLUDE COMMERCIAL REAL PROPERTY REGISTRATION; CLARIFYING PROPERTIES REQUIRED TO BE REGISTERED; PROVIDING MINOR EDITS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Mayor Glancy advised the Commission that they had received a revised version of the Ordinance at the start of the meeting, and that the revisions were made to correct various scriveners' errors. Staff Presentation: Sandra Smith, Development Services Manager, gave abrief overview ofthe item, stating that Ordinance 12 -1377, if approved, would clarify the intent of the original ordinance. She explained that the Commission had approved Ordinance 09 -1310 on December 12, 2009, and the intent of that ordinance was to protect the City's residential subdivisions from deterioration due to abandoned and neglected properties that were in default. She stated that the program requires the mortgagee to register with the City when a Notice of Default is issued on the property. She further stated that this provides the City with contact information for the mortgage company and the bank, and requires property maintenance when needed. Ms. Smith explained that the City was challenged by the lending institutions regarding the validity ofthe City's requirement to register, contending that although a Notice of Default was issued on the property, the owner still lived on the property, and therefore the property was not abandoned. Ms. Smith further explained that when the ordinance was initially adopted, the City did not foresee that families would continue to live in homes for extended periods after being notified that the property was in foreclosure, no longer paying the mortgage or maintaining the property. Ms. Smith advised that the City Attorney had reviewed the ordinance and had requested that a phrase be added to clarify that the mortgagee must register with the City. She stated that the Commission had received a copy of the amended ordinance, and advised that the phrase "by the mortgagee" had been added to the last sentence in Section 4(a) of the ordinance. Ms. Smith summarized the intent of the ordinance, stating that it clarifies that neglected properties, as well as abandoned properties, are required to be registered with the City by the mortgage; and that the requirement for registration of these properties has been expanded to include commercial and industrial properties, as well as