HomeMy WebLinkAbout1998 01 26 Regular Item D
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COMMISSION AGENDA
ITEM
D
REGULAR X
CONSENT
INFORMATIONAL
January 26. 1998
Meeting
Authorization
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, ] 998
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.
RECOMMENDATION:
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:
ORDINANCE NO. 698
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING SECTION 2-62. DURATION OF LIEN, CHAPTER 2 OF
THE CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA,
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined that the following amendment to the Code of Ordinances is in the best interest
of the City of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, HEREBY ORDAINS:
SECTION I - That Section 2-62 of the Code of Ordinances, City of Winter Springs,
Florida is hereby amended to read as follows:
Section 2-62. 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 oflis pendens is
recorded.
SECTION II - Ifany section or portion of section of this ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other section or portion of a section of this ordinance.
SECTION ill - That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
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SECTION IV - This ordinance shall take effect immediately upon its passage and
adoption.
Passed and adopted this _ day of
, 1998.
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK,
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
THIS INSTRUMENT WAS PREPARED BY:
Donald R. LeBlanc
Land Development Coordinator
City of Winter Springs
1126 East SR 434
Winter Springs FL 32708