Fort Walton Beach Ordinance — 1793 adopt sec 1.05.08 Code Enforcement Mitigation — reading text

READING DATE 1st ~ 2nd ~ ~ tJ-() ORDINANCE 1793 AMENDED AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADOPTING SECTION 1. 05.08, ENTITLED CODE ENFORCEMENT ORDER MITIGATION PROCEDURES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of section 166. 021( 1), Florida Statutes ( 2008), the provisions of Chapter 162, Florida Statutes, and the City Charter. b. Section 162. 09( 2)( c), Florida Statutes, provides that the City' s Code Enforcement Board may reduce a code enforcement fine before an order imposing a fine has been recorded in the public records. c. Code enforcement orders imposing a fine may be recorded in the public records if the order remains unpaid for three months. d. Section 162. 09( 3), Florida Statutes, provides that code enforcement order liens run in favor of the City Council and that the Council may agree to satisfy or release code enforcement liens. e. Once an order imposing fine is recorded, it constitutes a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such an order is enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator. f. The City Council finds that the city' s code enforcement procedures are intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing and gaining compliance with the code, and that foreclosure of liens should be a last resort to gain compliance. g. The City Council recognizes that having a lien filed against real and personal property may not be the most equitable or effective method of gaining compliance and, in some cases, may create a hardship for citizens. A TTY Final 511212009  h. Therefore, the City Council finds that it will promote, protect, and improve the health, safety, and welfare of the citizens by establishing code enforcement order mitigation procedures. Section 2. Adoption of Section 1. 05. 08, Code Enforcement Order Mitigation Procedures. The Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended by adding a section to be numbered 1. 05. 08, which section shall read as follows: 1. 05. 08 Code Enforcement Order Mitiaation Procedures. A. Definitions. Satisfaction of Order. A leaal document. as aDDroved by the city attorney. and the Drocess by which the city acknowledaes and confirms that a violator has satisfied all obliaations of a code enforcement order imDosina a fine. Release of Order: A leaal document. as aDDroved by the city attorney. and the Drocess by which the city acknowledaes and confirms that the city is releasina the violator from some of the obligations of a code enforcement order imDosina a fine while other obliaations of the order have been satisfied by the violator. Satisfaction of Lien: A leaal document. as aDDroved by the city attorney. and the Drocess by which the city acknowledges and confirms that a violator has satisfied all obliaations of a code enforcement order imDosina a finethat has been filed in the DubUc records of Okaloosa County. The City shall file a satisfaction of lien in the DubUc records of Okaloosa County . Release of Lien: A leaal document. as aDDroved by the city attorney. and the Drocess bv which the city acknowledaes and confirms that the city is releasina the violator from some of the obliaations of a code enforcement order imDosina a fine that has been filed in the DubUc records of Okaloosa County. while other obliaations of the order have been satisfied by the violator. The City shall file a release of lien in the DubUc records of Okaloosa County. Mitiaation Schedule: A schedule of suaaested mitiaation Dercentaaes. as aDDroved by the City Council and amended by resolution if needed. that shall be considered durina review of an aDDlication for release of an order imDosina a fine or release of lien. and that may ensure an eauitable. eXDeditious. and effective method of aainina comDliance with the code. The followina is the city' s suaaested mitiaation Dercentaae schedule: A TTY Final 511212009  Fine Amount of Fine Amount to be Paid 20. 000 20% of the fine amount 20. 001 - $40. 000 30% of the fine amount 40. 001 - and over 35% of the fine amount B. Satisfaction of Order or Lien 1. At any time that a violator/DroDertv owner has satisfied all obUaations of a code enforcement order. the Code Enforcement Board Chairman. UDon reauest Drovided by the violator and a statement of comDliance Drovided by the code insDector. shall execute a satisfaction of order or lien. whichever is aDDlicable. 2. The city clerk will record any satisfaction of lien in the Dublic records of Okaloosa County. Florida. and Drovide a CODY of the recorded document to the DroDerty owner. C. Reduction of Fine: Release of Order: Filina of Order. The code enforcement board shall adoDt Drocedures for reviewina a code enforcement board order imDosina a fine. UDon aDDlication of a violator. Such Drocedures shall: 1. aovern a reQuest for a reduction of fine made within ten days of any order imDosing a fine: 2. aovern a reQuest for a release of order. which Drocedures shall be effective for the first three months after an order imDosina a fine is issued: 3. aovern a staff reQuest to file an order imcosina a fine into the court records: and 4. at a minimum. reQuire: a. statements in each order that notify the violator that there are Drocedures to reQuest a reduction of fine. release of order. or release of lien: b. criteria for determinina if an order imDosina a fine should be filed in the DubUc records that would be effective durina the fourth throuah sixth months after an order imDosina a fine has been issued: c. criteria for foreclosure mitiaation that would be effective durina the first three months after an order imDosina a fine has been filed in the DubUc records: and d. findinas of fact reaardina any reduction of fine or A TTY Final 511212009  release of order. that ensures the code enforcement board considered the followina: 1) the aravity of the violation: 2) the time in which it took the violator/ DroDerty owner to come into comDliance: 3) the accrued amount of the code enforcement fines/lien as comDared to the county' s DroDertv aDDraiser's stated value of the DroDertv before exemDtions: 4) any Drevious code violations: and 5) the mitigation schedule. D. Release of Lien If a certified CODY of a code enforcement board order has been recorded in the Dublic records and the DroDertv that was in violation has been brouqht into comDliance with the code. the violator/DroDertv owner may aDDly to the city council for a release of lien as follows. 1. The violator/DroDertv owner shall aDDly for a release of lien on a sworn aDDlication aDDroved bY the city manaer that includes. at a minimum. the address of the subiect Dropertv. the date the subiect DroDertv was brouaht into comDliance. the factual bases for the reQuest for release of the lien. the terms UDon which the violator/DroDertv owner believes a release of lien should be aranted. a statement of comDliance by the code insDector. and the amount of the release in fines souaht bY the violator/ DroDertv owner. 2. UDon receiDt of the aDDlication for release of lien. the city manaaer shall schedule the aDDlication for review by the city council at the next available council meetina and DreDare a recommendation to the city council. 3. If the DroDertv subiect to the aDDlication is also the subiect of a foreclosure Droceedina filed bv the city aaainst the DroDertv and DroDertv owner in violation. the city manaaer. within fifteen days of receiDt of the comDlete aDDlication. shall issue a written denial of the aDDlication that includes the name. address and teleDhone number of the foreclosure attorney and advises the aDDlicant that matter must be considered as a settlement of the litiaation. 4. The city council shall consider the aDDlication for release of lien at a Dublic meetina Dursuant to the followina criteria. A TTY Final 511212009  a. The city council may take action based solely UDon the sworn aDDlication and comments of the aDDlicant. and the recommendation of the city manaaer. b. The city council may reduce the amount of the lien. waive the full amount of the lien or continue the lien in its full amount. c. The council shall consider the followina in determinina whether to aDDrove or deny an aDDlication for release of lien: 1) the cravity of the violation: 2) the time in which it took the violator/DroDertv owner to come into comDliance: 3) the accrued amount of the code enforcement fines/ lien as comDared to the county' s DroDertv aDDraiser's stated value of the DroDertv before exemDtions: 4) any Drevious code violations: and 5) the mitiaation schedule. d. If the City Council aDDroves a release of lien. the mayor shall execute such release and the city clerk shall have the release recorded in the Dublic records of Okaloosa County. Florida. and Drovide a CODY to the DroDertv owner. E. Waiver or Reduction of Administrative Fees or Costs The Council or Code Enforcement Board may consider a waiver or reduction of administrative fees or costs that were oricinally imDosed in the code enforcement order or for subseauent remedial actions taken by