Loading...
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)