HomeMy WebLinkAbout2015 09 28 Public Hearing 502 Ordinance 2015-21, First Reading, Code Enforcement Lien ReductionsCOMMISSION AGENDA
ITEM 502
Informational
Consent
Public Hearings
X
Regular
September 28, 2015 KS
Regular Meeting City Manager Department
REQUEST:
Per the direction of the City Commission, the City Attorney requests that the City
Commission consider First Reading of Ordinance No. 2015 -21 amending the manner in
which applications for code enforcement lien reductions and satisfactions are considered by
the City.
SYNOPSIS:
City code enforcement is primarily governed by Chapter 162, Florida Statutes. Chapter 162
provides for the imposition of penalties and fines for violations of the City Code which
upon recordation in the Official Public Records of Seminole County,. Florida become liens
against the personal and real property of the violator. The liens run against the land upon
recordation. Ordinance No. 2015 -21 proposes to substantially modify the procedure and
criteria regarding the processing of applications for code enforcement lien reductions and
satisfactions. Particularly, the Ordinance streamlines the process by delegating the
authority to grant code lien reductions and satisfactions to the City Manager subject to
appeal to the City Commission. The criteria for considering lien reductions and
satisfactions is based on the City's past several years of experience dealing with this issue
during the foreclosure crisis. The City Commission recently reviewed the proposed changes
as part of a more comprehensive code enforcement ordinance regarding special magistrates
and directed the City Attorney to draft this Ordinance incorporating the changes as a
standalone ordinance.
CONSIDERATIONS:
The enforcement of City Codes and ordinances is primarily governed by Chapter
Public Hearings 502 PAGE 1 OF 4 - September 28, 2015
162, Florida Statutes.
2. In furtherance of this Chapter, the City has adopted code enforcement procedures
which are codified primarily in Chapter 2, Article III, Division 2 of the City Code.
3. Pursuant to the City Code, the City imposes code enforcement fines and penalties
against violators that if not paid, become liens against real and personal property owned by
the violator. The liens run against the property and run in favor of the City Commission by
law.
4. In 2001, the City Commission adopted procedures for handling the satisfaction or
release of code enforcement liens.
5. The Ordinance proposes to delegate the authority for handling code lien reduction
and satisfaction applications to the City Manager, subject to appeal to the City
Commission. By delegating this authority, the City will be significantly streamlining the
current process. Under the current process, applications are required to be presented to the
Code Enforcement Board for a recommendation to the City Commission. Thus, the current
process requires at least two public meetings after the City Manager and staff have
evaluated the application and formulated a written staff recommendation.
6. Under the proposed procedural change, lien reduction and satisfaction applications
will be decided by the City Manager. Unless the applicant appeals the decision to the City
Commission, the City Manager's decision will be final. It is estimated that this process
could potentially reduce the time required to process an application by 30 to 60 days.
7. In addition, during the recent foreclosure crisis in Florida, the City has had the
opportunity to handle numerous lien reduction and satisfaction applications. During this
time period, the City Manager, in consultation with the City Attorney's office and staff, has
developed administrative factors to assist with processing these applications. The
Ordinance proposes to clarify, enhance and codify the factors to guide the City Manager's
decision making related to these applications going forward. The factors will be as follows:
(1) The amount of any administrative and out -of- pocket costs incurred
by the city which are directly associated with the underlying code
enforcement case and lien including, but not limited to, code enforcement
staff and attorney time, postage, advertising and recording costs, and other
city expenses related to any measure taken by the previous code board or
special magistrate or city to abate a nuisance caused by the violation;
(2) The gravity and number of the violation(s);
(3) The amount of the requested reduction;
(4) Whether the Applicant was responsible for the violation which
caused the lien;
(5) Whether the Applicant is or will be a bona fide purchaser of the
subject property and is filing or has filed for a homestead exemption
evidencing a desire to reside within the City on a non - transient basis, or
whether the property is or will be acquired for investment or other purposes;
(6) Whether the Applicant acquired the subject property with knowledge
of the subject lien;
(7) The time in which it took to bring the property into compliance;
Public Hearings 502 PAGE 2 OF 4 - September 28, 2015
(8) The accrued amount of the code enforcement fine or lien as
compared to the current market value of the property;
(9) With respect to a speculator, non - homestead purchaser of the subject
property, the accrued amount of the code enforcement fine or lien as
compared to the investment/profit that will be gained as a result of the
purchase or sale of the property and the reduction or satisfaction;
(10) Any previous or subsequent code violations pertaining to the
property unless an order finding a violation is under appeal at the time of
determination;
(11) Any previous or subsequent code violations of the Applicant
pertaining to other properties owned within the city, unless an order finding a
violation is under appeal at the time of determination;
(12) Any relevant information contained in any title policy required to be
submitted to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which may warrant the reduction
or satisfaction of the penalty or fine; and
(15) Any other administrative review criteria relevant to whether it is
equitable to reduce or release a lien which are adopted by the city manager,
in writing, and are intended to be applied to all applications on a uniform
basis.
8. The City Manager will be required to make the decision in writing and will either
approve, approve with conditions, or deny the applications. To the maximum extent
feasible, the City Manager shall collect, at a minimum, all administrative and out -of- pocket
costs incurred by the City related to the lien.
9. Decisions of the City Manager may be appealed to the City Commission by filing a
notice of appeal within 30 days of the decision and paying a $100 non - refundable filing fee.
10. The City Commission previously considered the substantive provisions of this
Ordinance at its last meeting when it considered the special magistrate ordinance. The City
Commission directed the City Attorney to incorporate the substantive provisions in a
standalone ordinance. That ordinance is presented for consideration in this agenda item.
FISCAL IMPACT:
None. However, the proposed streamlined process could reduce the amount of staff and
board time required to process lien satisfaction applications.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
Public Hearings 502 PAGE 3 OF 4 - September 28, 2015
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The City Attorney recommends that the City Commission adopt Ordinance No. 2015 -21 on
First Reading.
ATTACHMENTS:
Attachment A: Ordinance 2015 -21
Public Hearings 502 PAGE 4 OF 4 - September 28, 2015
Attachment ""
ORDINANCE NO. 201542
AN ORDINANCE of THE CITY COMMISSION of THE CITY
P WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA;
;
REVISING THE PROCEDURE FOR SATISFYING AND
RELEASING CODE ENFORCEMENT LIENS; PROVIDING FOR
THE REPEAL of PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR S 'ERA 1L1T ; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b),
Article Vfff, 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 adopt
various code enforcement systems giving designated code enforcement ent boards or special
magistrates 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, in accordance with Chapter 162, Florida Statutes, and the City "s municipal
home rule powers, the City's code enforcement board and/or special magistrates impose code
enforcement fines and penalties that become liens against real and personal property; and
WHEREAS, the City desires to amend the City's administrative procedure for handling
the satisfaction and release of code enforcement liens in order to streamline the process and
establish more detailed objective criteria for considering applications for the satisfaction and
release of such liens; and
WHEREAS, the City Commission of the City of Winter Springs, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY of WINTER SPRINGS HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
by this reference as legislative findings and the intent and purpose of the City Commission of the
City of Winter Springs.
Section 2. Amendment of Section 2 -61.5 of the .Ci11 Code. Section 2-61.5 of the
F.+Yrir1UY11Y riUYYlliyrl/Yi4i■ ��i.��
Code of Ordinances of the City of Winter Springs, Florida, is hereby amended, as follows (proposed
additions to existing City Code text are indicated by underline and deletions are indicated by
•
Sec. 2 -61.5 Application for satisfaction, reduction, or release of code enforcement liens.
City of Winter Springs
Ordinance No. 2015 -21
Page I of 8
La certified of order imposing malt fine described in this
division has been recorded in the ubllc records of Seminole CountL Florida and has
become a lien against the land and/or property of the violator, such violator or the
violator's successors or asi n who has an ownership interest in the encumbered
property collectivel the "A lica f' mAy. gpply for a satisfaction reduction or release
of such lien as follows:
on full payment b the..Applicant of the fine or...penalty inp oed in accordance
with this division the city mans er is hereby authorized to execute and record on
behalf of the cily a satisfaction of lien in the public records of Seminole Cour�
Florida. The ApDficant shall be responsible forpgyiLig all costs of recording .
Upon request for a reduction or release of a fine or penaltyjmposed in accordance
with this division the-Apybeant shall submit a written application to the ct
mans er- or desiMe.
fbi The 4p ion for reduction or release of lien shall be in written form lWed or
handwritten by the Avplicant and shall be submitted to the cit rnana er or designee.
The anplication shall be executed under oath and worn to in the presence of a not
public, and shall include but rya not be limited to. the followin
copy of the order irn osi lien upon the ro ert includin the code
enforcement case number;
The date upon which the Applicant brought the subject ro ert into compliance
with the Code
The factual basis on which the A licant believes the a lication for release or
reduction of lien should be granted-
The terms upon which the release or reduction of lien should be ranted;
The reasons if any, cow lian a was not obtained prior to the order of enaft or
fine being recorded •
The reduction in enit or fine sou ht bv the.Applicant
statement verif
ying whether the Applicant was issued any fitle....policy or
policies for the subject propertv encumbered by the lien after the date the lien was
recorded in the public records of Seminole County, Florida. If such a volia or
policies were issued to the Applicant, a co of any such fitle....policy shall be
submitted with the application;
Any. other information which the Applicant deems pertinent to the request,
includin but not limited to the circumstances that exist which would warrant the
reduction or satisfaction of the penalty or fine.
fq
The Applicant shall submiL-at, the time lxcatlon rnent to the cijyjn the a1rn1.1t
necessary to reimburse the city for its costs associated with recording the order imposing
a penalty or fine and the requested reduction or release of lien. These costs are
nonrefundable without re and for the final disposition of the application.,
City of winter Spings
Ordinance No. 2015-21
Page 2 of
(d) Up
Qn....recelpt of the application for reduction or release of lien and payment provided
above the city manner or designee shall confinn throu the code enforcement
department that the violation which resulted in the order imposing enalt or fine has been
brought into corn fiance. If the violation has been brow ht into corn fiance and there is no
current cone violation upon the roe in uestion the cit rrrana er shall review and
consider the a lication. Additional information shall also be required to support the
lication if the city man@ er deems such infonnation is relevant and necesspa to make
a final decision on.the_gpplicafion. The city commission hereby dele gates to the city
manager the - authority to review and consider applications for release or reduction of liens
and male deter ninations as pyo vided herein
Lel The ci x ana er shall review and consider the following- factors in making a
determination to reduce or release the lien.:
The amount of qqy administrative and out-of-pocket costs incurred by the city
which are directly associated with the underl 'n code enforcement case and lien
includin but not limited to code enforcement staff and attomey time o to e
advertising and recordin costs,-_ and other city expenses related to any measure
taken by the previous code board orspecial magistrate or ei to abate a nuisance
caused by the violation;
The gravity and number of the violation s
The amount of the rec
p4ested reduction*
whether the Applicant was responsible for the violation which caused the lien•
f 51 whether the ApRIlcant is or will be a bona fidepurchaser of the subject ro ert
and is filing or has filed for a homestead ex en t0on evidencin. a desire to reside
within the City on a non. - transient basis or whether the property is or will be
ac aired for investment or other u ores•
f�j w% ether the._ Applicant acquired the subiect _ proverty with knowled e . of the
sub' ect lien+
The time in which it took to bn* the ro ert into corn fiance*
The accrued amount of the code enforcement fine or lien as compared to the
current market value of the prop ey-
with respect to a s eculator non - homestead purchaser of the subject propeqy, the
accrued amount of the code enforcement fine or lien as cony aced to the
investment/profit that will be izained as a result of the vurchase or sale of the
property q. rY.S and the reduction or satisfaction,
Any previous or subse cent code violations -oertaining to the propelly unless an
order findin a viol tlon is under a e l at the tirne of deterrnin.ation•
Anv previous or subsequent cede violations of the Applicant _p_e_q.qim*ng to other
ro erties owned within the cit y., unless an order finding.. a violation is under
Appeal at the time of eteriatirr
l An relevant infonnatron contained In ggny.-title.policy required to be submitted to
the city under this section;
AU--financial hardship*
Any other miti tin it umstance which may warrant the reduction or
satisfaction of the enal or fine* and
City of winter Springs
Ordinance No. 2015-21
Page 3 of
(15) Any other administrative review criteria relevant to whether it is eqcitable to
reduce or release,a lien which are adol2ted b the city rnana er in writing, and are
intended to be.applied to all a lications on a uniform basis.
fD The city manager mM, in wrifing, approve, approve with conditions or denv the
a lication to reduce r release o lien. o the maximum extent feasible the city manner
shall collect at a minimum all adrnin*strative and out-of-pocket costs incurred by the cit
as specified l in subsection (e)(1).... If the eilmanager a roves the gMlication and the
gnproval is conditioned uvon the Applicant a a reduced penalty, fine or any other
condition the satisfaction or release of lien shall not be pLeTared or recorded until the
condition lased by the ..city manager have been satisfied.
fihe licant shall Have thir t s in which to corn l with the conditions i osed
the cit rnana er or submit a written appeal, as rovided Herein. failure of the
A icant to comply or timel a cal will result in the automatic denial of the golication
and the on inal amount of the f*rne including costs.,,- shall be automatically reinstated.
After the appeal tune eriod has run or is waived by the licant in writix the city
rnana er rna for good cause shown ant additional tune in the form of a written
esto el letter to a eosin a ent fora oses of facilitating a pendigg-closilig pending-closing of the
sllbject „ r: .
fW If the a
Application is denied or if the a lication is automatically denied due to the failure
of the Applicant to comply, with the conditions 1 osed by the city manager or ti eX
gopeal, the Ap licant shall thereafter be barred from.ppplying for a subsequent reduction
or release of lien for a eriod of one year from the date of denial. During the one- ear
eriod the lien m onl be satisfied and released upon fall a ent of the fine or penglty
iEn osed in accordance with this division.
The licant ma appeal the cit rnana er's decision to the c i commission hy.. filing a
written a eal within thi of the date of the decision with the city clerk, The
notice of appeal shall state the decision that is bein appealed, the grounds for a el and
brief summ of the relief beiu sou ht. A nonreftmdable filing fee of $100 shall
acconl an the notice of gppeal. on suhrnittal of a tirnel appeal and fin fee the city
manager, shall place the avveal of the deter, in ti rs the ggenda of the next regglaLly
scheduled cit comuni sion meeting to the extent practicable. The city-commission shall
render a fmal decision on the application based u on the sworn application. and
determination of the city manager and an other relevant information or testimon
provided to the city commission at the rneetin b the Apt-
other licant cit manager or an
interested art . Any decision made by the city commission pursuant to this section
shall be deemed final and not subject to My- further administrative review the city,.-The
Applicant shall have thi da sin rhich to corn l with an decision of or condition
irn used by the ci commission or the a lication shall b deemed autonaticall Bred
and thereafter, the licant shall be barred from a l in for a subsequent reduction or
release of lien fora period of one year from the date of the city commis ion's decision.
During the one-year period, the lien may only be satisfied and released upon full.payMent
of the fine or penalty imposed in accordance with this division.
City of Winter Springs
Ordinance No. 2015 -1
Page 4 of
When A.-lien is satisfied as a result of reduced a et or release as ordered..by the egt
manager or city commi ssion, the city manager is hereby authorized to execute and record
in the P hlic records of Seminole County, Florida,--a- satisfaction of lien on behalf of the
Lk) Under.opEonate circumstances determined by the citv manager or city commission to he
IP
in the best interests of the cit y, the city nmana er or city commissi on mgy gpprove an
application conditioned Lapon..la partial release of lien that releases a cily lien from a
s eeif�i iece r wever, lien will remain in effect and will enerner are
other properties which are s bject to the lien MILsulant to law. Partial releases of hen rna
also be authorized by the citv manager or city commission to account for any farad aid to
the city to reduce the amount owned on the lien. In addition ng herein shall vrohibit
the city manager r rn releasing a lies in whole or part, which was recorded in error by
the city or foreclosed by a suverior lien or mortgage in a judicial, proceeding. The city
mqnqger...mpy iMpose an administrative charge to release a lien recorded in error or
foreclosed to recover the city's costs associated with the subject lien. An a lieation shall
not be required to release a lien recorded in error.
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Ordinance No. 2015-21
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Section 3. Repeal of Prior Inconsistent rdinance and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, r 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 fetter and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severabili 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 and execution by the Mayor pursuant to the City Charter.
]OPTED by the City Commission of the City of Winter Spn'ngs, Floc *da, in a regular
meeting assembled on this day of October, 2015.
ATTEST-
Andrea Lorenzo -Lua es, City Clerk
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2015-21
Page 7 of
Approved as to legal form and sufficiency for
the City of Winter Sri t:
Anthony A. Garganese, City Attorney
First Reading: September 28, 2015
Legal Ad Published-
Effective Date:
City of Winter Springs
Ordinance No. 2015-21
Page