www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 25, 2014
February 25, 2014 - Regular Meeting
Agenda Item #29


Subject
Ordinance No. 14-19 and Resolution No. R-14-21 Relating to Registration of Property

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Maureen Sikora
Assistant County Attorney
941-748-4501 ext. 3750

and

Joe Fenton
Division Manager
941-748-4501 ext. 6854

 



Action Requested

Motion to approve Ordinance 14-19

Motion to adopt Resolution No. R-14-21  



Enabling/Regulating Authority
Chapter 125, Florida Statutes

Background Discussion

Attached is a copy of Ordinance No. 14-19 relating to registration of vacant real property in foreclosure. This ordinance creates Chapter 2-38 of the Manatee County Code of Ordinances to establish procedures and requirements for the registration of real property located within the unincorporated area of the County that is vacant and in the process of foreclosure. The ordinance contains the following significant provisions:

  • Definitions are included for registration, vacant real property, foreclosure, mortgagee, and property management company.
  • A mortgagee must inspect vacant real property and register each parcel of vacant real property with the County at the time a civil action is filed and a notice of lis pendens is recorded to foreclose on a mortgage, lien, or other instrument that secures debt upon such property. The mortgagee must also pay a regulatory fee for each parcel of vacant real property in foreclosure at the time of registration.
  • The registration must contain the names, addresses, and telephone numbers of the mortgagee and a local property management company responsible for inspecting, maintaining, and securing the vacant real property in foreclosure.
  • The registration remains in effect until the foreclosure is concluded and the real property is sold to a bona fide purchaser.
  • Vacant real property in foreclosure must comply with County codes and ordinances. Such property must be maintained in a secure manner and not accessible to unauthorized persons.
  • Vacant real property in foreclosure must be inspected on a monthly basis by the mortgagee or local property management company.
  • Failure to register or maintain any vacant real property in foreclosure constitutes a violation of the applicable section. Violations may be enforced as provided by Florida Statutes, including hearings before the code enforcement special magistrate and issuance of citations.
  • The Board of County Commissioners may adopt a resolution imposing regulatory fees for the registration of vacant real property in foreclosure. Any regulatory fees must not exceed the cost of the regulation and must be used and expended solely for the purpose of the registration activity.

Also attached is a copy of Resolution No. R-14-21 imposing regulatory fees for the registration of vacant real property in foreclosure. The amount of such fees is $200.00 per parcel. The regulatory fees are subject to the limitations on amount, use, and expenditure stated in the ordinance.

Both Ordinance No. 14-19 and Resolution No. R-14-21 will take effect April 1, 2014. Code Enforcement Division staff plans to inform mortgagees about the registration requirements by sending letters to banks and mortgage companies and preparing notices to be posted in the Clerk's Office.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Ordinance No. 14-19 Prepared by CAO

Resolution No. R-14-21 prepared by CAO

Agenda Memorandum drafted by CAO



Reviewing Attorney
Sikora

Instructions to Board Records
Return stamped copy of Agenda Memorandum, copy of signed Ordinance No. 14-19, and copy of signed Resolution R-14-21 to Code Enforcement Division (joe.fenton@mymanatee.org) and County Attorney's Office (maureen.sikora@mymanatee.org).  Send copies of Ordinance No. 14-19 to State of Florida Secretary of State and Municipal Code Corporation.

Cost and Funds Source Account Number and Name
$95,400

Amount and Frequency of Recurring Costs
$95,400


Attachment:  registration. foreclosure properties. fees. resolution. no. R-14-21. revised.pdf
Attachment:  Copy of Newspaper Advertising Ordinance 14-19 Foreclosure 2-25-14 BC.pdf
Attachment:  REVISED registration. foreclosure property. ordinance. no. 14-19. revised2.pdf