C ODE E NFORCEMENT IN THE A GE OF F ORECLOSURE Craig E. Leen City Attorney City of Coral Gables Abandoned Real Property and Squatters Ordinances

ABANDONED REAL PROPERTY ORDINANCE Chapter 34, Article VI, Coral Gables City Code

A BANDONED R EAL P ROPERTY O RDINANCE  Abandoned Real Property:  Any real property located in the City, whether vacant or occupied, that is in default on a mortgage, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, is subject to an application for a tax deed or pending tax assessors lien sale, or has been transferred to the lender under a deed in lieu of foreclosure.  The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed, and any default on the mortgage has been cured.

A BANDONED R EAL P ROPERTY O RDINANCE  Property deemed abandoned upon:  ANY default of mortgage payment;  Filing of Lis Pendens;  Foreclosure proceeding;  Application for a tax deed;  Pending tax assessors lien sale; or  Deed in lieu of foreclosure.

A BANDONED R EAL P ROPERTY O RDINANCE  Designation as “abandoned” removed upon:  Sale or transfer;  Foreclosure action dismissed;  Default on mortgage cured.

Abandoned Real Property Ordinance  Registration of Abandoned Property:  Any mortgagee who holds a mortgage on real property located within the City of Coral Gables shall perform an inspection of the property, upon default by the mortgagor. The mortgagee shall, within ten days of the inspection, register the property with the division of code enforcement, or designee, on forms provided by the city, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.  If the property is occupied but remains in default, it 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 days of that inspection, update the property registration to a vacancy status on forms provided by the City.

A BANDONED R EAL P ROPERTY O RDINANCE  Registration Requirement:  Burden placed on mortgagee to inspect and register abandoned property;  Mortgagee required to update registry if property becomes vacant;  Registration fees MUST BE paid directly from the mortgagee, servicer, trustee, or owner;  Failure to register property results in a $500 fine.

Mortgagee Responsibilities  Under the Abandoned Real Property Ordinance, mortgagee is required to:  Inspect property upon default;  Register property within ten (10) days of inspection;  Alert the City whether property is vacant or occupied;  If property is abandoned or vacant, designate property manager to bring property into compliance;  Secure property; and  Maintain the appearance of the property.

Owner Responsibilities  The abandoned real property ordinance requires property owner to:  Maintain property; and  Comply with all other applicable code provisions.

A BANDONED R EAL P ROPERTY O RDINANCE  Public Nuisance  All abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety of the residents of the City.

Power granted to the City of Coral Gables  The abandoned real property ordinance gives the City of Coral Gables the power to:  Secure the property at the expense of the mortgagee and/or owner;  Implement maintenance and/or security measures; and  Impose civil fines.

Abandoned Real Property Ordinances  Cities around the Country have implemented similar ordinances. These cities include:  North Miami, Florida;  Inglewood, California;  Coral Springs, Florida;  Charlotte County, Florida.

S QUATTING O RDINANCE Chapter 34, Article VI, Coral Gables City Code

Squatting Ordinance  Defined:  Squatting : The occupation of private property without authorization from the owner or lessee.  Squatters : Occupants of private property without authorization from the owner or lessee.

Squatting Ordinance  Squatting prohibited:  Squatting is a public nuisance, and is prohibited in the City of Coral Gables.

Presumption of Squatting  The City of Coral Gables presumes an occupant to be a squatter if:  Occupant unable to produce a written document (lease, license, etc.) demonstrating permission to be on property; and  Property is listed as vacant on the abandoned property registry, yet the property is occupied.  Presumption may be rebutted if occupant provides competent, substantial evidence demonstrating authorization to be on premises.

Notice and Hearing  The City of Coral Gables allows for notice and a hearing:  City shall post notice on the property indicating intent to remove squatters and secure property within five (5) days;  Appeals must be requested within three (3) days of posting. Failure to appeal constitutes an admission to squatting.  City retains authority to act sooner than the five (5) days where there is an emergency, such as a danger to the occupants (i.e. unfit dwelling) or threat to public safety.

Owner / Lessee Responsibilities  Squatting Ordinance requires the owner and/or lessee to:  Take ALL lawful measures to prevent or remove squatters; and  Reimburse City for cost of removing squatters.

Penalties  Any violation of the provisions of this section shall result in a fine of $ for each day the violation remains uncured.

Authority granted to the City of Coral Gables  Squatting Ordinance grants the City of Coral Gables the power to:  Remove squatters;  Secure the property; and  Place a special assessment lien on the property, such lien having equal dignity with a tax lien.  City still retains all other remedies afforded by state law, i.e. trespass.

State of the Law  Recent case law regarding squatters has held:  “Although the Fourth Amendment does afford ‘special protection to an individual in his home,’ trespassers, squatters, and others who occupy premises without consent of the owner of the property do not have a reasonable expectation of privacy in that property for Fourth Amendment purposes”  Christiansen v. City of Orlando, No. 6:10–cv– 1630–Orl–28GJK, 2012 WL , at *4 (M.D. Fla. 2012).  “When the owner of a dwelling charges its occupants with trespass, it is not unreasonable for prudent police officers to at least suspect that there is some truth in the charges.”  U.S. v. Morris, 477 F.2d 657, 663 (5th Cir. 1973)