HomeMy WebLinkAboutOrdinance 2001-62 Code Enforcement Liens
ORDINANCE NO. 2001-62
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 2; PROVIDING FOR A NEW SECTION 2-61.5
ENTITLED PROCEDURES FOR SATISFACTION OR
RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under ~2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Chapter 162, Florida Statutes provides that a municipality may create
administrative boards with the authority to impose administrative fines and other noncriminal
penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any
code and ordinance in force in such municipality; and
WHEREAS, the City Commission has enacted Chapter 2 ofthe Code of Ordinances and has
created a Code Enforcement Board with the powers and procedures as provided by law; and
WHEREAS, Section 2-61 of the City Code provides, in accordance with Chapter 162,
Florida Statutes, an order imposing penalty or fine which is recorded in the public land records and
becomes a lien in favor ofthe governing body, which can only be satisfied or released by an action
of the governing body; and
WHEREAS, this Ordinance is deemed to be in the best interest of the health, safety, and
welfare of the citizens of the City of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 2 is hereby
amended as follows: (underlined type indicates additions and 5t1ikcout type indicates deletions,
City of Winter Springs
Ordinance No. 2001-62
Page 1 of 5
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2 CODE ENFORCEMENT
* * *
ARTICLE III. Boards, Committees, Commissions
* * *
Division 2. Code Enforcement
Sec. 2-61.5 Application for Satisfaction or Release of Code Enforcement Liens.
Where a certified copy of an order imposing a penalty or fine, as described above in Section
2-61, has been recorded in the public records and has become a lien against the land and/or property
of the violator, such violator may apply for a satisfaction or release of such lien as follows:
(a) Upon full payment by the violator ofthe fine or penalty imposed in accordance with
this Chapter, the City Manager 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 shall submit a written application to the
Community Development Director.
(c) The application shall include, but may not be limited to the following:
(1) The code enforcement case number:
(2) The date upon which the violator brought the subiect property into
compliance with the City Code:
(3) The factual basis upon which the violator believes the application for
reduction or forgiveness of the lien should be granted:
(4) The terms upon which a satisfaction or release of lien should be granted:
(5) The reasons, if any, compliance was not obtained prior to the order of penalty
or fine being recorded:
(6) The reduction in penalty or fine sought by the violator: and
City of Winter Springs
Ordinance No. 2001-62
Page 2 of 5
(7) Any other information which the violator deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant
the reduction or forgiveness of the penalty or fine.
This application shall be executed under oath and sworn to in the presence of a Notary
Public.
(d) The violator shall submit at the time of application payment to the City in the amount
necessary to reimburse the City for its costs associated with recording the Order imposing a penalty
or fine and the requested satisfaction or release of lien. These costs are non-refundable, without
regard for 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 payment
provided above, the Community Development Director shall confirm through the Code Enforcement
Department that the violation-which resulted in the order imposing penalty or fine has been brought
into compliance. If the violation has been brought into compliance and there is no current code
violation upon the property in question, the Community Development Director shall place the
application upon the agenda ofthe next regularly scheduled meeting of the Code Enforcement Board
for the City of Winter Springs.
At the hearing before the Code Enforcement Board, the Board shall review and consider the
application for satisfaction or release oflien, provide the violator with an opportunity to address the
Board regarding the application for satisfaction or release of lien, and to take the testimony of other
interested parties, including but not limited to City staff.
(f) Upon review of the application and any testimony presented, the Code Enforcement
Board shall recommend to the City Commission approval, approval with conditions, or denial of the
application for satisfaction or release of lien.
The Code Enforcement Board, in determining its recommendation, shall consider the
following factors:
(a) The gravity of the violation:
(b) The time in which it took the violator to come into compliance:
(c) The accrued amount of the code enforcement fine or lien:
(d) Any previous or subsequent code violations:
(e) Any financial hardship:
City of Winter Springs
Ordinance No. 2001-62
Page 3 of 5
{g} Any other mitigating circumstance which may warrant the reduction or satisfaction
of the penalty or fine:
(h) After a recommendation has been rendered by the Code Enforcement Board, the
Community Development Director 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 solely based upon the sworn application and recommendation of the Code Enforcement
Board, and information provided by the violator in regard to the application for satisfaction or release
of lien:
(i) The City Commission may approve, approve with conditions, or deny the application
to satisfy or release of lien. If the City Commission approves the application to satisfy or release the
lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other
condition, the satisfaction or release of lien shall not be prepared or recorded until the condition( s)
placed by the Commission have been satisfied.
The violator shall have thirty (30) days in which to comply with the conditions imposed by
the City Commission. Failure of the violator to comply will result in the automatic denial of the
application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure of
the violator to comply with the conditions imposed by the City Commission, the violator shall
thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period
of one (1) year from the date of denial. During the one-year period, the lien may only be satisfied
and released upon full payment ofthe fine or penalty imposed in accordance with this Chapter.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs
Ordinance No. 2001-62
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 14th day of January ,2002.
PAUL P. PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading: December 10, 2001
Second Reading: January 14, 2002
Effective Date: January 14, 2002
PAUL P. PARTYKA
Mayor
City of Winter Springs
Ordinance No. 2001-62
Page 5 of 5
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT THE
FOLLOWING ORDINANCE:
ORDINANCE NO. 2001.62
AN ORDINANCE OF THE
CITY COMMISSlON OF
THE CITY OF WINTER
SPRINGS, FLORIDA
AMENDING THE CITY OF
WINTER SPRINGS CODE
OF ORDINANCES, CHAP-
TER 2; PROVIDING FOR
A NEW SECTION 2-61.5
ENTITLED PROCEDURES
FOR SATISFACTION OR
RELEASE OF CODE EN-
FORCEMENT LIENS;
PROVIDING FOR THE RE
PEAL OF PRIOR INCON-
SISTENT ORDINANCES
AND RESOLUTIONS; PRO-
VIDING FOR INCORPORA-
TION INTO THE CODE;
PROVIDING FOR SEVER-
ABILITY; AND PROVID-
ING FOR AN EFFECTIVE
DATE,
A PUBLIC HEARING ON
THE PROPOSED ORDI-
NANCE WILL BE HELD
ON JANUARY 14, 2002 AT 6:30
P.M, IN THE COMMISSION
CHAMBERS LOCATED AT
THE WINTER SPRINGS
CITY HALL 1126 EAST
STATE ROAD 434 WINTER
SPRINGS, FLORIDA
The ordinance may be In-
spected by Interested par-
lies between 8 a.m. and 5
p.m., Monday through Fri-
day, at the Oftice of the City
Clerk, located at 1126 East
State Road 434, Winter
Springs, Florida. For more
information call (407) 327-
1800 #227. Persons with disa-
bilities needing assistance
to participate In any of
these proceedings should
contact the Employee Rela-
tions Department Coordina-
tor, 48 hours In advance of
the meeting at (407-327-
1800, Extension 236. This is
a public hearing. If you de-
cide to appeal any recom-
mendation/decision made by
the City Commission with
respect to any matter con-
sidered at this meellng, you
will need a record of the
proceedings, and for such
purposes, you may need to
ensure that a verbatim re-
cord of the proceedings is
made upon which the appeal
is based.
Andrea Lorenzo-Luaces
City Clerk
CSE 4253280 1/2/02
Orlando
Sentinel
Published Daily
State of Florida S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Julia Nichols
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
Seminole County, Florida;
that the attached copy of advertisement, being a THE CITY OF WINTER
in the matter of ORD. 2001-62
in the SEMINOLE Court
was published in said newspaper in the issue of 01/03/02
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
Seminole County, Florida,
and that the said newspaper has heretofore been continuously published in
said Seminole County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation discount, rebate,
commission or refund for the purpose of securing the advertisement for
publication in the said newspaper.
the foregoing instrument was acknowledged before me this 3 day of
Jan. 2002 by Julia Nichols,
who is personally known to me and who did take an oath.
Beverly C. Simmons
(SEAL)