4251 Lien Amnesty Program11Page
Ordinance No. 2011- 4251
An Ordinance of the City of Sanford, Florida pertaining to the
establishment of a time - certain code enforcement lien amnesty
program; providing for program duration, acceptance of
applications, application fee, and application procedure when
multiple violations present; providing for ineligible liens; providing
for eligibility criteria; providing for calculation of lien reductions,
deadline for payment of reduced lien, and consequence of
nonpayment of reduced lien by deadline; providing for acceptable
methods of payment of application fees and reduced liens; providing
for legislative findings; providing for implementing administrative
actions; providing for a savings provision; providing for conflicts;
providing for severability; providing for codification and providing
for an effective date.
Whereas, Article VIII, Section 2, Constitution of the State of Florida, authorizes
the City of Sanford to exercise any power for municipal purposes except as otherwise
provided by law; and
Whereas, the City of Sanford recognizes that a lien on property can make it
difficult for a property owner to sell or refinance said property; and
Whereas, the City of Sanford wishes to provide property owners with a time-
certain Code Enforcement Lien Amnesty Program in order to provide an incentive to
and opportunity for property owners who may have outstanding Code Enforcement
violations to bring their property into compliance, to encourage the payment of
outstanding fines and to allow property owners to clear their property titles; and
Whereas, the City of Sanford's Community Improvement Department has an
ultimate goal of compliance as to code violations and the Code Enforcement Lien
Amnesty Program provides a reasonable time period during which property owners may
take advantage of the opportunity to bring their property into compliance and rectify
outstanding Code Enforcement liens at a reduced cost; and
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Whereas, the City Commission of the City of Sanford has determined that it is in
the best interest of the citizens of the City of Sanford to adopt this Ordinance.
Now, Therefore, Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings.
(a). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
controlling Florida law.
Section 2. Program Duration; Acceptance Of Applications; Application Fee;
Multiple Violations.
(a). Program Duration: Duration of the Code Enforcement Lien Amnesty
Program shall be from October 1, 2011 to September 31, 2012 unless extended by
resolution adopted by the City Commission.
(b). Acceptance Of Applications: Property owners applying to the Code
Enforcement Lien Amnesty Program must complete a Code Enforcement Lien Amnesty
Program application. Applications will be accepted between October 1, 2011 and
September 31, 2012 by the Community Improvement Department. Applications are
available at City Hall or online at www.sanfordfl.gov Completed applications (with
application fee) may be returned in person to Community Improvement or mailed to City
of Sanford Community Improvement, Post Office Box 1788, Sanford, Florida 32772.
(c). Application Fee: Property owners applying to the Code Enforcement Lien
Amnesty Program must, in addition to completing a Code Enforcement Lien Amnesty
Program application, submit a $100.00 (One hundred dollars) non - refundable
application fee.
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(d). Procedure When Multiple Violations Present. Property owners with
multiple Code Enforcement Liens must apply for a reduction on each lien on the
property simultaneously under the program with each lien being subject to the
application fee.
Section 3. Ineligible Liens.
(a). Utility liens are not eligible for the amnesty program.
(b). Special Assessment liens or payments due for code enforcement
abatement actions, such as lot mowing, debris removal, or demolition are not eligible for
the amnesty program and such liens must be paid in full prior to a property owner
requesting a lien reduction under the terms of this Ordinance.
Section 4. Eligibility Criteria.
(a). Property must be in compliance with all City codes and ordinances in
order to be eligible for the Code Enforcement Lien Amnesty Program.
(b). Both commercial and residential properties are eligible to participate in the
program.
(c). Any property that has been foreclosed on and is not in compliance may
apply for a 90 (ninety) day grace period to bring the property in to compliance by paying
a $1,000.00 (One thousand dollars) application fee. If the property is in compliance
within the 90 (ninety) day grace period, the code enforcement lien will be waived. If
extensive repairs are required in order to bring the property in to compliance and said
repairs are adequately documented in detail within the submitted application, the 90
(ninety) day grace period may be extended for up to a 12 (twelve) month grace period in
order to allow for a reasonable amount of time for sufficiently documented repairs to be
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made and compliance consequently achieved. Any Municipal Special Assessment Liens
or other code enforcement abatement costs must be paid in full at time of closing. If the
property is not in compliance within the allotted grace period, the lien amount will revert
to the original lien amount and the application fee forfeited.
Section 5. Calculation Of Lien Reductions; Deadline For Payment Of
Reduced Lien; Consequence Of Nonpayment Of Reduced Lien By Deadline.
(a). Calculation Of Lien Reductions Based On Lien Matrix. Code Enforcement
liens determined as eligible will have the benefit of the lesser of a 90% (ninety percent)
reduction or maximum payment of $2,000.00 (Two thousand dollars).
(b). General Calculation Of Lien. Code Enforcement will calculate the amount
of the lien and the administrative costs. Under the Code Enforcement Lien Amnesty
Program, the amount of the lien will be reduced based on the date of the application,
the per diem accrual amount and the lien matrix plus $400.00 (Four hundred dollars)
administrative costs. The $100.00 (One hundred dollars) application fee will be credited
toward the lien payment.
(c). Deadline For Payment Of Reduced Lien. The reduced lien amount shall
be paid in full within 30 (thirty) days of the date of approval of the application.
(d). Consequence Of Nonpayment Of Reduced Lien By Deadline. If the
reduced lien is not paid within 30 (thirty) days from the date of approval, the lien amount
will revert to the original lien amount and the application fee shall be forfeited.
Section 6. Acceptable Methods Of Payment Of Application Fees And
Reduced Liens.
Acceptable payments under the program are cashier's check or money order
only made payable to the "City of Sanford."
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Section 7. Implementing Administrative Actions.
The City Manager and City Clerk are hereby authorized and directed to
implement the provisions of this Ordinance.
Section 8. Savings.
The prior actions of the City of Sanford relating to the code enforcement lien
reductions and matters relating thereto by the City of Sanford are hereby ratified and
affirmed.
Section 9. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 10. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 11. Codification.
The provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Sanford, Florida and the Sections of this Ordinance may be
renumbered or relettered to accomplish such intention and the word "Ordinance ", or
similar words, may be changed to "Section," "Article ", or other appropriate word;
provided, however, that Sections 1, 7, 8, 9, 10, 11 and 12 shall not be codified.
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Section 12. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 26 day of September, 2011.
Attest. City Commission �pf the City of
Sanford, Florida r I
Janet Dougherty, ity CI rk Jeff Trip
Approved as to form
and legal sufficiency.
ems; City Attorney
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