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HomeMy WebLinkAboutOrdinance 2015-21 Revising Procedures for LiensORDINANCE NO. 2015 -21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 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 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b), Article 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 adopt various code enforcement systems giving designated code enforcement 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 City Code. Section 2 -61.5 of the 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 gilt): Sec. 2 -61.5 Application for satisfaction, reduction, or release of code enforcement liens. City of Winter Springs Ordinance No. 2415 -21 Page 1 of 8 (a) Where a certified copy of an order imposing a penalty or fine, as described in this division has been recorded in the public records of Seminole County, Florida, and has become a lien against the land and /or property of the violator, such violator, or the violator's successors or assigns who has an ownership interest in the encumbered property (collectively the "Applicant ") may apply for a satisfaction, reduction, or release, of such lien as follows: Upon full payment by the Applicant of the fine or penalty imposed in accordance with this division the city manager is hereby authorized to execute and record on behalf of the city a satisfaction of lien in the public records of Seminole County, Florida. The Applicant shall be responsible for paying all costs of recording. Upon request for a reduction or release of a fine or penalty posed in accordance with this division the Applicant shall submit a written application to the city manager or designee. The application for reduction or release of lien shall be in written form, typed or handwritten by the Applicant and shall be submitted to the city manager, or designee. The application shall be executed under oath and sworn to in the presence of a notary -public and shall include, but may not be limited to, the following: A copy of the order imposing a lien upon the property including the code enforcement case number, The date upon which the Applicant brought the subject property into compliance with the Code; The factual basis upon which the Applicant believes the application for release or reduction of lien should be granted; The terms upon which the release or reduction of lien should be granted; The reasons if any, compliance was not obtained prior to the order of penalty or fine being recorded; The reduction in penalty or fine sou 1" by the Applicant; A statement verifying whether the Applicant was issued any title policy or policies for the subject property encumbered by the lien after the date the lien was recorded in the public records of Seminole County, Florida. If such a policy or policies were issued to the Applicant a copy of any such title policy shall be submitted with the application; Any other information which the Applicant deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (c) The Applicant 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 reduction or release of lien. These costs are nonrefundable without regard for the final disposition of the application. City of Winter Springs Ordinance No. 2015 -21 Page 2 of 8 Upon receipt of the application for reduction or release of lien and payment provided above the city manager or designee 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 city manager shall review and consider the application. Additional information shall also be required to support the application if the city manager deems such information is relevant and necessary to make a final decision on the application. The city commission hereby delegates to the city manager the authority to review and consider applications for release or reduction of liens and make determinations as provided herein (e) The city manager shall review and consider the following factors in making a determination to reduce or release the lien; 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 attome time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code enforcement board or special magistrate or city to abate a nuisance caused by the violation; The gravity and number of the violation(s); The amount of the requested reduction; Whether the Applicant was responsible for the violation which caused the lien; 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; Whether the Applicant acquired the subject property with knowledge of the subject lien; The time in which it took to bring the property into compliance; The accrued amount of the code enforcement fine or lien as compared to the current market value of the property, JD With respect to a speculator, non - homestead purchaser of the subject property, 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; 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; Any financial hardship; Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and City of Winter Springs Ordinance No. 2015 -21 Page 3 of 8 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. (f The city manager may, in writing approve approve with conditions, or deny the gpplication to reduce or release of lien. To the maximum extent feasible, the city manager shall collect at a minimum all administrative and out -of- pocket costs incurred by the city as specified in subsection (e)(1). If the city manager approves the application and the approval is conditioned upon the Applicant 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 city manager have been satisfied. (Lyl The Applicant shall have thirty (30) days in which to comply with the conditions imposed by the city manager or submit a written appeal as provided herein. Failure of the Applicant to comply or timely appeal will result in the automatic denial of the application and the original amount of the fine, including costs, shall be automatically reinstated. After the appeal time period has run or is waived by the Applicant, in writing, the city manager may, for good cause shown grant additional time in the form of a written estoppel letter to a closing agent for purposes of facilitating a pending g losing of the subject property. If the application is denied, or if the application is automatically denied due to the failure of the Applicant to comply with the conditions imposed by the city manager or timely appeal the Applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a period of one 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 division. The Applicant may appeal the city manager's decision to the city commission by filing a written appeal within thirty (30) days of the date of the decision with the city clerk. The notice of appeal shall state the decision that is being appealed the grounds for appeal and a brief summary of the relief being sought. A nonrefundable filing fee of $100 shall accompany the notice of appeal. Upon submittal of a timely appeal and filing fee, the city manager shall place the appeal of the determination upon the agenda of the next regularly scheduled city commission meeting to the extent practicable. The city commission shall render a final decision on the application based upon the sworn application and determination of the city manager and any other relevant information or testimony provided to the city commission at the meeting by the Applicant, city manager or any other interested party. Any decision made by the city commission pursuant to this section shall be deemed final and not subject to any further administrative review by the city. The Applicant shall have thigy (30) days in which to comply with any decision of or condition imposed by the city commission or the application shall be deemed automatically denied and thereafter, the Applicant shall be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of the city commission'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 -21 Page 4 of 8 When a lien is satisfied as a result of reduced payment or release as ordered by the city manager or city commission the city manager is hereby authorized to execute and record in the public records of Seminole County, Florida, a satisfaction of lien on behalf of the city. Under appropriate circumstances determined by the city manager or city commission to be in the best interests of the city, the city manager or city commission may approve an application conditioned upon a partial release of lien that releases a city lien from a specific piece of property. However, the lien will remain in effect and will encumber any other properties which are subject to the lien pursuant to law. Partial releases of lien may also be authorized by the city manager or city commission to account for any funds ap id to the city to reduce the amount owned on the lien. In addition, nothing herein shall rop hibit the city manager from releasing a lien, in whole or part, which was recorded in error by the city or foreclosed by a superior lien or mortgage in a judicial proceeding. The city manager may 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 application shall not be required to release a lien recorded in error. . . ......... LEM f ,.g iveness of toe penalty lino or- City of Winter Springs Ordinance No. 2015 -21 Page 5 of 8 Foll MI. .. . .. . ..... .. . . .. . . ....... ... ... P, lur-ravzz M, f ,.g iveness of toe penalty lino or- City of Winter Springs Ordinance No. 2015 -21 Page 5 of 8 F w _w ........... The the fine lien-, e. aeer-ued amount of eade enfbr-eemei+t of d. Any violatiefw,,t pr-evieus Ew subsequent eede e. Any fiaaaeia4 hardsh�p-; ... . ....... MUNN mrr T.=Nw MUNN- i I m I R. P ..... ..... lvpvl 0*01 . ........ . ..... . ............... . F ........... ............. The the fine lien-, e. aeer-ued amount of eade enfbr-eemei+t of d. Any violatiefw,,t pr-evieus Ew subsequent eede e. Any fiaaaeia4 hardsh�p-; ............. 0*01 . ........ . ..... . ............... . ........ ...... . ... ...... City of Winter Springs Ordinance No. 2015-21 Page 6 of 8 . .. .. . . . .. . .. ... .. . .. . r - 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. 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. 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 and execution by the Mayor pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 12th day of October, 2015. Charles Lacey, May ATTEST: � �.. And .a L nzorf 3 aces, City Clerk City of Winter Springs Ordinance No. 2015 -21 Page 7 of 8 Approved as to legal form and sufficiency for t21: Springs only: Anthony A. Garganese, City Attorney First Reading: September 28, 2015 Legal Ad Published: October 1, 2015 Effective Date: October 12, 2015 City of Winter Springs Ordinance No. 2015 -21 Page 8 of 8