Code Compliance Division - Abandoned Property Registration Ordinance

On June 22, 2010, and amended on May 8, 2012, the City of North Miami adopted an “Abandoned Real Property Registration” Ordinance.  The City Council recognized a problem due to an increase in the number of vacant and abandoned properties located throughout the city.  Specifically, the presence of vacant and abandoned residences can lead to neighborhood decline, lower property values, and can create an attractive public nuisance.  In many instances the lenders and trustees fail to adequately maintain and secure these vacant residences which have led to ongoing code enforcement issues within the city.  This Ordinance requires owners of properties, banks, and other entities to notify the City of North Miami when a property is foreclosed upon, and to provide a local contact person to maintain the property, and to work with Code Compliance Officers to correct code violation issues.

“Abandoned real property” means any property that is vacant and is subject to a mortgage under a current notice of default and/or notice of the mortgagee’s sale, pending tax assessors lien sale and/or vacant 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.

Requirements for the Registration of Abandoned Real Property (City Code of Ordinances, CH. 5-70)

Any mortgagee who holds a mortgage on real property located within the city shall upon default by the mortgagor and prior to the issuance of a notice of default, perform an inspection of the property that is the security for the mortgage.  If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned real property and the mortgagee shall, within ten (10) days of the inspection, register the property with the City of North Miami code enforcement manager, or his or her designee, on forms provided by the city. A registration is required for each vacant property.

However, if the property is occupied but the mortgage on the property remains in default, the property shall be inspected by the mortgagee or his designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall within ten (10) days of the inspection, register the property with the City of North Miami code enforcement manager, or his or her designee, on forms provided by the city.

Registration pursuant to this section of the Code shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of the mortgagee, a facsimile number and e-mail address for the mortgagee, and the name and twenty-four (24) hour contact phone number of the property management company responsible for the security and maintenance of the property.

Registered abandoned properties shall remain under the registration requirement, security and maintenance standards of this Ordinance as long as they remain vacant.  In the event of a change in the status of the property, including change in status from vacant to occupied, the person or corporation that has registered the property must report any change in writing, within ten (10) days of the change to the City of North Miami code enforcement manager, or his or her designee.

A non-refundable annual registration fee in the amount of $300.00 per property, shall accompany the registration form(s). The annual registration period begins each year on October 1st , and ends on September 30th of the following year.

Posting of the Abandoned Property with Contact Information

At such time that the property becomes abandoned property, the mortgagee shall promptly post it with the name and contact number of the local property manager.  The posting shall be no less than 18 inches X 24 inches, and shall be clearly visible and legible from an adjacent street.  The posting shall contain the following language:  THIS PROPERTY IS MANAGED BY:  ____________________. TO REPORT PROBLEMS OR CONCERNS, CALL:  (XXX) XXX-XXXX.

Property Maintenance Requirements

Property maintenance requirements are described under section 5-71 of this Ordinance.  Failure of the mortgagee and/or property owner of record to properly maintain the property with all applicable code provisions may result in a violation of the city code and issuance of a civil violation ticket, citation or notice of violation/notice of hearing by a city code enforcement officer. Pursuant to a finding and determination by the city’s Special Magistrate, the city may take the necessary action to ensure compliance with this section of the Ordinance.

Registration

If you want to Re-Register or De-Register an abandoned property, please click here.

 

Penalties and Schedule of Civil Penalties

Any person who shall violate the provisions of this Ordinance shall, upon conviction, be punished as provided in this section.

Code Section
Description of Violation
Civil Penalties
5-70 Failure to register abandoned real property $500.00
5-70(d) Failure to properly post property with contact info $500.00
5-70(h) Failure to report change of
information/status  
$500.00
5-71(g) Failure to properly maintain the property  $500.00
5-72(e) Failure to properly secure the property $500.00
5-74 Interference with a code enforcement officer $500.00

 

Questions and Website Link  

The entire text of the Abandoned Real Property Registration Ordinance can be found on the city’s website. Click here to see the Ordinance .

If you have any questions concerning this Ordinance, please contact our office.

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City of North Miami | 776 NE 125 Street | North Miami | Florida 33161 | 305.893.6511
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