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HomeMy WebLinkAbout4111 ORDINANCE NO. 2008-4111 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING TO CODE ENFORCEMENT LIENS; PROVIDING THAT THE CITY MANAGER, OR DESIGNEE, IS AUTHORIZED TO EXECUTE AND RECORD A SATISFACTION OF LIENS UPON FULL PAYMENT OF CODE ENFORCEMENT FINES OR PENALTIES; PROVIDING THAT THE CITY MANAGER, OR DESIGNEE, SHALL CONSIDER ANY APPLICATIONS FOR REDUCTION OR FORGIVENESS OF CODE ENFORCEMENT FINES OR PENAL TIES WHEN ORDERS IMPOSING SUCH FINES OR PENALTIES HAVE BEEN RECORDED IN THE PUBLIC RECORDS AND MAKE RECOMMENDATION TO THE CITY COMMISSION; PROVIDING CRITERIA FOR THE CITY MANAGER, OR DESIGNEE, AND THE CITY COMMISSION, TO FOLLOW WHEN CONSIDERING APPLICATIONS FOR REDUCTION OR FORGIVENESS OF LIENS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(3), Florida Statutes, provides that code Enforcement liens run in favor of local governing body, and the local governing body may execute a satisfaction or release of any code enforcement lien; and WHEREAS, Section 162.09(2)( c), Florida Statutes, provides that the code enforcement board, or lawful designee, may reduce a code enforcement fine before the order imposing such fine has been recorded; and WHEREAS, Attorney General Opinion 02-62 and Attorney General Opinion 99-03 opine that code enforcement boards or designee, are not authorized to reduce fines when code enforcement orders have been recorded in the public records, and that the local governing body is vested with the authority to reduce or satisfy liens after such liens have been recorded; and WHEREAS, Attorney General Opinion 99-03 opines that a city commission may delegate its authority to execute satisfactions or release of code enforcement liens so long as such delegation does not result in a complete divestiture of such liens by the city commission to a private party; and WHEREAS, pursuant to Section 166.021, Florida Statutes, the City of Sanford through its home rule powers may exercise any power for municipal purposes except those expressly prohibited by law. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS: The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Commission. SECTION 2. APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS. A new section to the Code of Ordinances of the City of Sanford is added to read as follows: Where a certified copy of an order imposing a penalty or fine has been recorded in the public records and has become a lien against the land and/or property of the violator/property owner, such violator/property owner may apply for a satisfaction or release of such lien as follows: (a) Upon full payment by the violator/property owner of the fine or penalty imposed in accordance with this chapter, the City Manager or designee is hereby authorized to execute and record a satisfaction of lien. (b) Upon request for a reduction or forgiveness of a fine or penalty imposed in accordance with this chapter, the violator/property owner shall submit a written application to the City Manager or designee. (c) The application shall include the following: (1) A copy of the order imposing a lien upon the property; ") (2) The code enforcement case number; (3) The date upon which the violator/property owner brought the subject property into compliance with the requirements of the City Code; (4) The factual basis upon which the violator/property owner believes the application for reduction or forgiveness of the lien should be granted; (5) The specific terms upon which the violator/property owner believes a satisfaction or release of lien should be granted; (6) The reasons, if any, compliance was not accomplished by the violator/property owner prior to the order of penalty or fine being recorded; and (7) The amount of the reduction in penalty or fine sought by the violator/property owner; (8) This application shall be executed under oath and sworn to in the presence of a notary public and delivered to the City Manager designee. (d) The violator/property owner shall submit at the time of application, payment to the City in the amount of $100.00 to reimburse the City for its administrative costs associated with handling the application and recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are non-refundable, without regard to the final disposition of the application for satisfaction or release of lien. (e) Upon receipt of the application for satisfaction or release of lien and the payment provided above, the City Manager, or designee, shall confirm through the Code Enforcement Office that the violation which resulted in the order imposing penalty or fme has been brought into full compliance. (f) The City Manager, or designee, shall then review and consider the application for satisfaction or release of lien for the threshold criteria as follows: (1) If a property owner has acquired property on which a lien was recorded, a waiver or reduction of lien may not be granted for in such cases, the lien should have been identified and satisfied by the property owner at the time of acquisition, or ':1 (2) If a title insurance policy is issued upon the purchase of the property and the title insurance policy failed to identify or consider the lien, a waiver or reduction in lien may not be granted. In such cases, the lien should have been discovered by the title insurer and providing a reduction or waiver would place the City in the position of indemnifying the title insurer against its losses, which losses should be reflected in premium charges, or (3) A request for waiver or reduction in lien may not be granted if the City Commission has previously reduced the amount of lien. This statement applies whether or not the request is received from the original applicant for reduction or a subsequent applicant. (g) If the City Manager or designee determines that the request fails anyone of the above-established criteria guidelines, the City Manager or designee shall issue a written denial of the request. If the applicant wishes to appeal the City Manager's decision to the City Commission, the applicant may do so by filing a written appeal with the City Manager stating why the Commission should make an exception to its established guidelines and reduce or waive the lien. Upon proper appeal, the City Manager shall present the information to the City Commission at a regular meeting for their consideration and final determination. (h) If the City Manager or designee determines that the request does not fail anyone of the above-established criteria guidelines, the City Manager or designee shall review the request further. The City Manager or designee, in determining its recommendations, shall consider the following factors: (1) The gravity of the violation(s); (2) The time it took the violator/property owner to come into compliance; (3) The accrued amount of the code enforcement fine or lien; as compared to the market value of the property and (4) Any previous code violation(s) of applicant/owner. (5) Consideration for the future or proposed use of the property for public purpose. (6) Listing of all other properties owned by the applicant/owner in Seminole County, Florida. A (i) The City Manager or designee shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled City Commission meeting. The City Commission may take action based solely upon the sworn application, recommendation of the City Manager or designee and the applicant shall have opportunity to address the City Commission as to the factors warranting reduction or waiver of lien in considering the application for satisfaction or release of lien. G) The City Commission may reduce the amount of the lien, waive the full amount of the lien or continue the lien in its full amount. (k) When a lien is satisfied as a result of full payment, reduced payment or waiver as ordered by the City Commission, the City shall record the satisfaction/release of lien in the Public Records of Seminole County, Florida and provide a copy to the property owner. SECTION 3. SAVING PROVISION. This Ordinance shall be amended, modified and/or supplemented from time to time as the City Commission shall deem necessary to advance the best interests of the City and its citizenry in fulfilling the mandates of Chapter 162, Fla. Statutes, as amended. SECTION 4. SEVERABILITY. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION 5. CODIFICATION. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinance of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intention; that the word, "Ordinance" may be changed to Section," "Article," or other appropriate word. SECTION 6. CONFLICTS. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. " . . SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 23rd day of June, 2008. Attest: CITY OF SANFORD, FLORIDA ~inda ~MaYO~' -<~, L - Approved as to form and legality: ~ on: oItcoY~ Kenneth W. Mcintosh, Assistant City Attorney CERTlFICA TE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4111, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 23rd day of June, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of June, 2008. {;.