HomeMy WebLinkAbout2015 04 28 Regular 700 Discussion on Applications for Satisfaction of Code Enforcement Liens CODE ENFORCEMENT BOARD
WORKSHOP AGENDA
Informational
ITEM 700 Consent
Public Hearings
Regular X
April 28, 2015
Regular Meeting
REQUEST:
The City Attorney Requests To Review With The Code Enforcement Board The Application
Process For Satisfaction Of Code Enforcement Liens.
PURPOSE:
This Agenda Item is being provided for further discussion of the Lien Reduction Request process.
ATTACHMENT:
1.) City Code Section 2-61.5. — Application for satisfaction or release of code enforcement
liens.
Winter Springs, FL Code of Ordinances Page 1 of 2
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:
(1) 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.
(2) 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.
(3) The application shall include, but may not be limited to the following:
a. The code enforcement case number;
b. The date upon which the violator brought the subject property into compliance with the
City Code;
c. The factual basis upon which the violator believes the application for reduction or
forgiveness of the lien should be granted;
d. The terms upon which a satisfaction or release of lien should be granted;
e. The reasons, if any, compliance was not obtained prior to the order of penalty or fine
being recorded;
f. The reduction in penalty or fine sought by the violator; and
g. 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.
(4) 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.
(5) 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 of the 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 of lien, and to take the
testimony of other interested parties, including but not limited to city staff.
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Winter Springs, FL Code of Ordinances Page 2 of 2
(6) 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;
(7) Any other mitigating circumstance which may warrant the reduction or satisfaction of the
penalty or fine;
(8) 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;
(9) 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 of the fine or penalty imposed in accordance with
this chapter.
(Ord. No.2001-62, §2, 1-14-02)
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