HomeMy WebLinkAbout2002 01 14 Public Hearing C Second Reading 2001-62 Administratie Procedures for Satisfactions of Liens
COMMISSION AGENDA
ITEM C
Consent
r nformational
Public Hearing X
Re gu lar
January 14. 2002
Meetl ng
r!ltvJ If ~
Mgr. I
Att. I
Dept.
REQUEST:
City Manager and City Attorney requests tne City Commission to c.onsider second
and final reading of Ordinance 2001-62 adopting an administrative procedures for tne
processing of satisfactions of liens arising out of code enforcement fines.
PURPOSE:
During a recent City Commission meeting, the Commission voiced concems that
there was no established procedure to handle requests for satisfying recorded code
liens. The City Attorney prepared an Ordinance to address the Commission's
concerns. This Ordinance is to provide a clear procedure [or handling the satisfaction
of liens arising from code enforcement fines: Generally, the Ordinance provides:
1. Where a code enforcement fine has been recorded in the Seminole County
Land Records, in accordance with Chapter 162, Florida Statutes and Chapter
2, of the City Code, and that fine has been paid by the violator, the City
Manager may execute, on the City's behalf, a Satisfaction of Lien.
Page 1 of 3
2. Where a code enforcement fine has been rccorded in the Seminole County
Land Records, in accordance with Chapter 162, Florida Statutes and Chapter
2, of the City Coue, and the violator has brought the subject property into
compliance with the Code, but is unable to pay the outstanding fine, or
believes there are some facts or circumstances which should serve to satisfy or
release the violators obligation, the violator may apply to the City for a
satisfaction or release of the lien in question. The application would be
received and processed by the Community Development Depaliment and a
hearing would be held before the Code Enforcement Board, which in turn
would issue a recommendation to the City Commission regarding the violator's
requested relief. The City Commission will then have the opportunity to
review the application, findings of the Code Enforcement Board, and if desired
allow the violator to address the commission, following which issue an order
granting, granting with conditions, or denying the application.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2(b), Article VIII, ofthe State Constitution.
Section 162.08 & 162.09, Florida Statutes.
Chapter 2, Section 2-61(6) of the City Code of Ordinance. Tn pertinent part; "A
certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien against the property..."
CONSIDERA TIONS:
In the case of properties brought into compliance and the fine paid as ordered, this
Ordinance will provide the City Manager with tne authority to perform the ministerial
duty of executing a Satisfaction of Lien \vi thout the necessity of burdening the
Commissions agenda.
In the case of a requested satisfaction or release of lien, where the property has been
brought into compliance but the fine has not been disposed of, and the violator
believes there exist some exigent circumstanc.es which should serve to reduce or
release the violators obligation to pay the outstanding fine, there is a clear procedure
Page 2 of J
to establish compliance as a prerequisite, a hearing for the violator to state his or her
case, and for the review and reconunendation by the board issuing the code
enforc.ement order, which resulted in a lien in favor of the City.
STAFF RECOMMENDATION:
The City Manager and City Attorney recommends approval of this Ordinance.
ATTACHMENT:
Ordinance No.: 2001-62
COMMISSION ACTION:
First reading on December 10, 200 I.
Page 3 of 3
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 SA TISF ACTION 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 S2(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 of the 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 strikeout type indicates deletions,
City of Winter Springs
Ordinance No. 2001-62
Page I 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:
W Upon full payment by the violator of the fine or penalty imposed in accordance with
this Chapter. the City Manager is hereby authorized to execute and record a
Satisfaction of Lien.
(Q} 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.
W The application shall include. but may not be limited to the following:
ill The code enforcement case number:
ill The date upon which the violator brought the subiect property into
compliance with the City Code:
ill The factual basis upon which the violator believes the application for
reduction or forgiveness of the lien should be granted:
(1} The terms upon which a satisfaction or release of lien should be granted:
ill The reasons. if any. compliance was not obtained prior to the order of penalty
or fine being recorded:
(Ql The reduction in penalty or fine sought by the violator: and
City of Winter Springs
Ordinance No. 2001-62
Page 2 of 5
ill 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. Public.
@ 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.
W 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 of lien. provide the violator with an opportunity to address the
Board regarding the application for satisfaction or release oflien, and to take the testimony of other
interested parties, including but not limited to City staff.
ill 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:
(ill The gravity of the violation;
{Q} The time in which it took the violator to come into compliance;
~ The accrued amount of the code enforcement fine or lien;
@ Any previous or subsequent code violations:
W Any financial hardship;
City of Winter Springs
Ordinance No. 2001-62
Page 3 of 5
ill Any other mitigating circumstance which may warrant the reduction or satisfaction
of the penalty or fine:
f.g} After a recommendation has been rendered by the Code Enforcement Board. the
Community Development Director shall place the application for satisfaction or release oflien 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 ofthe Code Enforcement
Board: or it may. in its discretion. provide the violator with an opportunity to address the
Commission in regard to the application for satisfaction or release of lien:
Qll The City Commission may approve. approve with conditions. or deny the application
to satisfy or release oflien. If the City Commission approves the application to satisfy or release the
lien and the approval is conditioned upon the violator paving 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 of the 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, Flor' a, in a regular
meeting assembled on the _ day of , 2002.
Second Reading:
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Effective Date:
F:\DOCS\City of Winter Springs\Ordinances\Code Lien Satisfaction Ord #2001-62. wpd.
City of Winter Springs
Ordinance No.
Page 5 of 5
....
'<Ie
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 of the 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 of the 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 strikeout type indicates deletions,
City of Winter Springs
Ordinance No, 2001-62
Page I 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:
W Upon full payment by the violator of the fine or penalty imposed in accordance with
this Chapter. the City Manager is hereby authorized to execute and record a
Satisfaction of Lien.
{Q} 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.
W The application shall include. but may not be limited to the following:
ill The code enforcement case number;
ill The date upon which the violator brought the subiect property into
compliance with the City Code;
ill The factual basis upon which the violator believes the application for
reduction or forgiveness of the lien should be granted:
ill The terms upon which a satisfaction or release of lien should be granted;
ill The reasons. ifany. compliance was not obtained prior to the order of penalty
or fine being recorded;
@ The reduction in penalty or fine sought by the violator: and
City of Winter Springs
Ordinance No. 2001-62
Page 2 of 5
-.
ill 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.
@ 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.
LsD. 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 ofthe 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 of lien, 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.
ill 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:
@ The gravity of the violation;
(Q) The time in which it took the violator to come into compliance;
~ The accrued amount of the code enforcement fine or lien;
@ Any previous or subsequent code violations;
LsD. 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 oflien 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 ofthe Code Enforcement
Board, and information provided by the violator in regard to the application for satisfaction or release
of lien:
ill The City Commission may approve, approve with conditions, or deny the application
to satisfy or release oflien. 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 conditione 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 of the 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 Commissiol\ 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. "\
- j
'\, ,J'O-
CC~~ "
PAUL P. PARTYKA r
Mayor
A[TE, ST:
r 1\ C
4DRE~ LO
City Clerk/
ZO-LUACES
Approved as to legal form and sufficiency for
the. f Winter Springs only
Anthony A. Garganese, City Attorney
First Reading: December 10, 2001
Second Reading: January 14, 2002
Effective Date: January 14, 2002
City of Winter Springs
Ordinance No. 2001-62
Page 5 of 5