4563 Amend City Code to Extend Lien Amnesty Program1�.
Ordinance No. 2020- 4563
An Ordinance of the City of Sanford, Florida pertaining to the code
enforcement lien amnesty program; amending Sections 26-141, 26-
143 and 26-144 of the Code of Ordinances of the City of Sanford,
Florida; 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.
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.
(c). The recitals set forth in Ordinance Number 2011- 4251 are hereby adopted,
ratified and affirmed as are all resolutions extending the duration of the Code Enforcement
Lien Amnesty Program.
Section 2. Amendment to Section 26-141, City Code. Section 26-141 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
Sec. 26-141. - Program duration; acceptance of applications; application fee;
multiple violations.
(a). Program Duration: Duration of the Code Enforcement Lien Amnesty
Program shall be frern jaRuaFy 1, 2017 te DeGembeF 31, 2 terminate on December
31, 2025 unless extended by resolution adopted by the City Commission; provided,
however, that all prior extensions are hereby ratified and affirmed.
(b). Acceptance Of Applications: Property owners applying to the Code
Enforcement Lien Amnesty Program must complete a Code Enforcement Lien Amnesty
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike thfa,,,,shall constitute deletions to the Code of Ordinances of the City
of Sanford.
2 ''
Program application. Applications will be accepted between aRwary 1, 2017 until
December 31, 2025 2020 by the Community Improvement Department Development
Services Code Enforcement Division. Applications are available at City Hall or online at
www.sanfordfl.gov. Completed applications (with application fee) may be returned in
person to Development Services, Code Enforcement Division Community knpFevenlent
or mailed to City of Sanford Development Services, Code Enforcement Division
Community t, 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 non-refundable application
fee.
(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. Amendment to Section 26-143, City Code. Section 26-143 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
Sec. 6-143. - 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). All municipal special assessment liens and all other code enforcement
abatement costs due to the City must be paid in full.
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike thy- ,,,g shall constitute deletions to the Code of Ordinances of the City
of Sanford.
31,
Section 4. Amendment to Section 26-144, City Code. Section 26-144 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
.r. 26-144. 4. . Calculation €#, lienreductions; deadline for payment ofreduced lien;
consequence .#1 nonpayment {•r reduced ie, bydeadline.
(a). Calculation Of Lien Reductions Based On Lien Matrix. Code Enforcement
liens determined as eligible will have the benefit based on the date the Code Enforcement
Lien Amnesty Application is received as follows: The lessor of a 50% reduction or a
maximum payment of $5,000.00.
- nom:.---=.:._.n.._.:�_.�.�::.... •.... ..� ::rrr�_.._._�_..
\Si � �-.����i it �.:u_�� R_i�::vio� ���t!.�!�.:.C�.R.c_aO.�G. �.�� !�a:�c :�a•.�:w•.
Imo_• .■..1,.0: C.�.�::.... ..�..�..::.�:. C.�:%.-.._._�_..
(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
administrative costs. The $100.00 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.
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike thfoug shall constitute deletions to the Code of Ordinances of the City
of Sanford.
4
(d). Consequence Of Nonpayment Of Reduced Lien By Deadline. If the reduced
lien is not paid within 30 (may) days from the date of approval, the lien amount will revert
to the original lien amount and the application fee shall be forfeited.
Section 5. Implementing Administrative Actions.
The City Manager, or designee, and the City Clerk are hereby authorized and
directed to implement the provisions of this Ordinance.
Section 6. Savings.
The prior actions of the City of Sanford relating to the code enforcement lien
reductions, the Code Enforcement Lien Amnesty Program and matters relating thereto by
the City of Sanford are hereby ratified and affirmed.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 8. 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 9. Codification.
The provisions of Sections 2, 3 and 4 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 re -lettered to accomplish such intention and the word
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike th+o^g shall constitute deletions to the Code of Ordinances of the City
of Sanford.
51P>�
"Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate
word; provided, however, that all other sections shall not be codified.
Section 10. Effective Date.
This Ordinance shall become effective on January 1, 2021.
Passed and adopted this 24th day of August, 2020.
Attest:
Traci Houchin, MMC, FCRM
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
City Commission of
Sanford, Florida /07
City of
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike thro,,nshall constitute deletions to the Code of Ordinances of the City
of Sanford.
Ordinance No. 2020- 4563
An Ordinance of the City of Sanford, Florida pertaining to the code
enforcement lien amnesty program; amending Sections 26-141, 26-
143 and 26-144 of the Code of Ordinances of the City of Sanford,
Florida; 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.
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.
(c). The recitals set forth in Ordinance Number 2011- 4251 are hereby adopted,
ratified and affirmed as are all resolutions extending the duration of the Code Enforcement
Lien Amnesty Program.
Section 2. Amendment to Section 26-141, City Code. Section 26-141 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
Sec. 26-141. - Program duration; acceptance of applications; application fee;
multiple violations.
(a). Program Duration: Duration of the Code Enforcement Lien Amnesty
� - � _ �� ��� J.tt�l�/�l�l�/�•�1�1s��� �-rJR �f.f/�L�ft ���1�1-i-�q�t..//.l�li�s-����i�i�1�f��/ j�J■
31, 2025 unless extended by resolution adopted by the City Commission; provided,
however, that all prior extensions are hereby ratified and affirmed.
(b). Acceptance Of Applications: Property owners applying to the Code
Enforcement Lien Amnesty Program must complete a Code Enforcement Lien Amnesty
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and stFi e t ,.^,,& shall constitute deletions to the Code of Ordinances of the City
of Sanford.
2� >
Program application. Applications will be accepted between january 1, 2017 until
�- - •- 1 •.. S- �- - ••
Services, Code Enforcement Division. Applications are available at City Hall or online at
www.sanfordfl.gov. Completed applications (with application fee) may be returned in
person to Development Services, Code Enforcement Division Gemmunity imprevemt
or mailed to City of Sanford Development Services, Code Enforcement Division
••••• a ----- •• • - C• SS • • • •.
(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 non-refundable application
fee.
(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. Amendment to Section 26-143, City Code. Section 26-143 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
(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
(c). All municipal special assessment liens and all other code enforcement
abatement costs due to the City must be paid in full.
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike throug shall constitute deletions to the Code of Ordinances of the City
of Sanford.
3�'
Section 4. Amendment to Section 26-144, City Code. Section 26-144 of the
Code of Ordinances of the City of Sanford, Florida is amended to read as follows:
Se26-144. lien
consequenceof nonpayment of reduced . i^ by deadline.
(a). Calculation Of Lien Reductions Based On Lien Matrix. Code Enforcement
liens determined as eligible will have the benefit based on the date the Code Enforcement
Lien Amnesty Application is received as follows: The lessor of a 50% reduction or a
maximum payment of $5,000.00.
M— • . •,gin_ rt: n
l••t•.1!■•a.l!\t•'�t•M��L 1\•\—� �in�f �.\� �1 t�sltir_l./i S.�l��l i l.J Jt�J t!�L</l\�nl
►bra a_iiiC�....:...�.�•�s- k R iii. W-2 T 'su� -my. �.r.0.�0•i..,_ i��a:��.o••��.�•.
• . ' ...
IN
r �iawra i�aQ...��i iia i�.e�iia�.. ••iia�ua is u.ra �.aw
• r u r • . 'T
i���a..�iwa. �Q....�.i .ii�.at.�iia.►. •••.��a.a� mit :i w a.�.�\
(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
administrative costs. The $100.00 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.
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike thio ghs shall constitute deletions to the Code of Ordinances of the City
of Sanford.
4�'_ _
(d). Consequence Of Nonpayment Of Reduced Lien By Deadline. If the reduced
lien is not paid within 30 (th� days from the date of approval, the lien amount will revert
to the original lien amount and the application fee shall be forfeited.
Section 5. Implementing Administrative Actions.
The City Manager, or designee, and the City Clerk are hereby authorized and
directed to implement the provisions of this Ordinance.
Section 6. Savings.
The prior actions of the City of Sanford relating to the code enforcement lien
reductions, the Code Enforcement Lien Amnesty Program and matters relating thereto by
the City of Sanford are hereby ratified and affirmed.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 8. 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 9. Codification.
The provisions of Sections 2, 3 and 4 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 re -lettered to accomplish such intention and the word
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike tluoughs shall constitute deletions to the Code of Ordinances of the City
of Sanford.
5�
"Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate
word; provided, however, that all other sections shall not be codified.
Section 10. Effective Date.
This Ordinance shall become effective on January 1, 2021.
Passed and adopted this 24th day of August, 2020.
Attest: City Commission of the City of
Sanford, Florida
Traci Houchin, MMC, FCRM Art Woodruff, Mayor
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
Underlined words shall constitute additions to the original text of the Code of Ordinances of the
City of Sanford, and strike through -s shall constitute deletions to the Code of Ordinances of the City
of Sanford.
CITY OF
WS RM X
S..&NFOP
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 20.1 S
AUGUST 24, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darrel Presley, Executive Director Development Services
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Ordinance No. 4563, Code Enforcement Lien Amnesty Program
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4563, amending City Code to extend the Lien Amnesty Program, is
being requested.
FISCAL/STAFFING STATEMENT:
No fiscal impact.
BACKGROUND:
Effective Code Enforcement is accomplished through various elements of City action including, but
not limited to, inspections, notices of violation, Special Magistrate hearings and ultimately the
imposition of fines and liens. Code Enforcement fines are most often imposed at a set amount per
day by the Special Magistrate. Should the violation not be corrected, the fines continue to accrue on
a daily basis until compliance is achieved. At times, violators fail to achieve compliance for months
or years. Even when compliance is achieved the violator may fail to provide payment.
Code Enforcement has the ultimate goal of voluntary compliance. On September 12, 2011, the City
Commission enacted the Code Enforcement Lien Amnesty Program. The program initially would
end on December 31, 2016, however, due to the success it was extended by the City Commission
and is now scheduled to end December 31, 2020. The program has been successful in providing
property owners an opportunity and motivation to bring their property into compliance with City
Code and rectify outstanding Code Enforcement liens at a reduced cost.
To date the program has resulted in 233 properties with code enforcement liens coming into
compliance and an additional 116 municipal liens being paid. As of August 1, 2020, the total amount
of liens collected under this program is $743,505.
The proposed changes in the Ordinance will extend the Lien Amnesty Program to December 31,
2025, with a fixed reduction on a code enforcement lien available to a property owner.
The City Commission approved the first reading of Ordinance No. 4563 on August 10, 2020.
The City Clerk published notice of 2nd Public Hearing in the Sanford Herald on August 16, 2020.
LEGAL REVIEW:
The City Attorney's Office prepared the proposed Ordinance.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4563.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4563."
Attachments: Ordinance No. 4563