HomeMy WebLinkAbout1998 02 09 Regular Item I
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COMMISSION AGENDA
ITEM I
REGULAR X
CONSENT
INFORMATIONAL
February 09. 1998
Meeting
REQUEST: The Community Development Department, Land Development Division, requests
Commission approve the Second Reading and adoption of Ordinance No. 698,
amending Section 2-62 of the Code of Ordinances updating the duration of lien
time period.
PURPOSE: The purpose of this Agenda Item is to update Section 2-62 of the Code of
Ordinances updating the duration of lien time period from five (5) years to twenty
(20) years in accordance with Florida Statutes, Chapter 162.10.
APPLICABLE CODE:
Code Section l-11(b) - Amendments to any of the provisions of this Code may be
made by amending such provisions by specific reference to the section number of
this Code in the following language: "That section _ of the code of
Ordinances, City of Winter Springs, Florida, is hereby amended to read as
follows: . . . . "The new provisions shall then be set out in full as desired.
Code Section 1-14. Altering Code. - It shall be unlawful for any person in the
city to change or amend by additions or deletions, any part of this Code, or to
insert or delete pages or portions thereof, or to alter or tamper with such Code in
any manner whatsoever, except by ordinance or resolution or other official act of
the city commission which will cause the law of the City of Winter Springs,
Florida, to be misrepresented thereby. Any person violating this section shall be
punished as provided in section 1-15.
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February 9, 1998
REGULAR AGENDA ITEM I
Page 2
Florida Statutes, Chapter 162-10. Duration of lien. No lien provided under
the Local Government Code Enforcement Boards Act shall continue for a period
longer than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. In an action to foreclose on a lien, the
prevailing party is entitled to recover all costs, including a reasonable attorney's
fee, that it incurs in the foreclosure. The local governing body shall be entitled to
collect all costs incurred in recording and satisfying a valid lien. The continuation
of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
FINDINGS:
A. The Code of Ordinances of the City of Winter Springs can only be amended
by ordinance.
B. This amendment will bring the Code of Ordinances in agreement with Florida
Statutes and will protect the City's interests for an additional fifteen (I5) years.
C. The City Commission approved the First Reading of Ordinance No. 698 at
their meeting of January 26, 1998.
D. The Second Reading of Ordinance No. 698 has been properly noticed in
"The Orlando Sentinel".
FUNDING: None required.
RECOMMENDA TION:
It is recommended that the Commission approve the Second Reading and adoption
of this ordinance.
February 9, 1998
REGULAR AGENDA ITEM I
Page 3
ATTACHMENT:
Agenda Item Package of January 26, 1998
COMMISSION ACTION:
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COMMISSION AGENDA
ITEM D
REGULAR X
CONSENT
INFORMATIONAL
January 26. 1998
Meeting
REQUEST: The Community Development Department, Land Development Division, requests
Commission approve the First Reading of Ordinance No. 698, amending Section
2-62 of the Code of Ordinances updating the duration of lien time period.
PURPOSE: The purpose of this Agenda Item is to update Section 2-62 of the Code of
Ordinances updating the duration of lien time period from five (5) years to twenty
(20) years in accordance with Florida Statutes, Chapter 162.10.
APPLICABLE CODE:
Code Section l-11(b) - Amendments to any of the provisions of this Code may be
made by amending such provisions by specific reference to the section number of
this Code in the following language: "That section _ of the code of
Ordinances, City of Winter Springs, Florida, is hereby amended to read as follows:
. . . ." The new provisions shall then be set out in full as desired.
Code Section 1-14. Altering Code. - It shall be unlawful for any person in the
city to change or amend by additions or deletions, any part of this Code, or to
insert or delete pages or portions thereof, or to alter or tamper with such Code in
any manner whatsoever, except by ordinance or resolution or other official act of
the city commission which will cause the law of the City of Winter Springs,
Florida, to be misrepresented thereby. Any person violating this section shall be
punished as provided in section 1-15.
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January 26, 1998
REGULAR AGENDA ITEM
Page 2
Florida Statutes, Chapter 162-10. Duration of lien. No lien provided under
the Local Government Code Enforcement Boards Act shall continue for a period
longer than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. In an action to foreclose on a lien. the
prevailing party is entitled to recover all costs, including a reasonable attorney's
fee, that it incurs in the foreclosure. The local governing body shall be entitled to
collect all costs incurred in recording and satisfying a valid lien. The continuation
of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
FINDINGS:
A. The Code of Ordinances of the City of Winter Springs can only be amended
by ordinance.
B. This amendment will bring the Code of Ordinances in agreement with Florida
Statutes and will protect the City's interests for an additional fifteen (15) years.
FUNDING: None required.
RECOMMENDA nON:
It is recommended that the Commission approve the First Reading of this
ordinance and at a later meeting approve the Second Reading and Adoption of
this ordinance.
ATTACHMENT:
Proposed Ordinance No. 698
COMMISSION ACTION: