Fort Walton Beach Council agenda — 04-28-09 regular — reading text

release of the lien, the terms upon which the 159 violator /property owner believes a release of lien should be 160 granted, a statement of compliance by the code inspector, and the 161 amount of the release in fines sought by the violator /property 162 owner. 163 164 2. Upon receipt of the application for release of lien, the city 165 manager shall schedule the for the city application review by 166 council at the next available council and prepare a meeting 167 recommendation to the city council. 168 169 3. If the property subject to the application is also the subject of 170 a foreclosure proceeding filed by the city against the property and 171 property owner in violation, the city manager, within fifteen days of 172 receipt of the complete application, shall issue a written denial of 173 the application that includes the name, address and telephone 174 number of the foreclosure attorney and advises the applicant that 175 matter must be considered as a settlement of the litigation. 176 177 4. The city council shall consider the application for release of 178 lien at a public meeting pursuant to the following criteria. 179 180 a. The citv council may take action based solely upon 181 the sworn application and comments of the applicant, and 182 the recommendation of the citv manaaer. ATTYDRAFT 4/ 21/ 2009 184 b. The city council may reduce the amount of the lien, 185 waive the full amount of the lien or continue the lien in its full 186 amount. 187 188 C. The council shall consider the followina in determinin 189 whether to approve or deny an application for release of lien: 190 1) the gravity of the violation; 191 2) the time in which it took the violator /property 192 owner to come into compliance; 193 3) the accrued amount of the code enforcement 194 fines /lien as compared to the county' s property 195 appraiser' s stated value of the property before 196 exemptions; 197 4) any previous code violations; and 198 5) the mitigation schedule. 199 200 d. If the City Council approves a release of lien, the 201 mayor shall execute such release and the city clerk shall 202 have the release recorded in the public records of Okaloosa 203 County, Florida, and provide a copy to the property owner. 204 205 E. No Waiver or Reduction of Administrative Fees or Costs 206 At no time shall any reduction of fine or release of order or lien 207 include the waiver or reduction of administrative fees or costs that were 208 original imposed in the code enforcement order or for subsequent 209 remedial actions taken by the City. 210 211 212 Section 3. Conflicting Provisions 213 If any ordinance or parts of any ordinance are in conflict with this 214 ordinance, the provisions of this ordinance shall prevail. 215 216 Section 4. Severability 217 Should any provision of this ordinance be declared by a court of 218 competent jurisdiction to be invalid, such decision shall not affect the validity of 219 the remaining provisions. 220 221 Section 5. Effective Date 222 This ordinance shall take effect immediately upon approval by the City 223 Council and signature of the Mayor. 224 225 226 227 Adopted Mike Anderson, Mayor 228 229 ATTYDRAFT 4/ 21/ 2009 230 231 ATTEST: Approved for form and legal sufficiency. 232 233 234 235 Helen Spencer, City Clerk Toni L. Craig, City Attorney 236 237 New language is underlined; deleted language is sfriGken. - 238 239 Codification Instructions: 240 Sections of this Ordinance to be codified: Section 2 241 Placement: Amends Volume II, Chapter 1. 05 as stated ATTYDRAFT 4/ 21/ 2009  RIZ) IQ TONI L CRAIG ATTORNEY AT LAW CE City, County, Local Government Law NNNN Marital & Family Law 21 April 2009 To: Mayor & Council CC: City Manager Code Enforcement Board Chairman Development Services Division Joe Lorenz, CEB Staff Attorney Re: Code Enforcement Order Mitigation Ordinance In January, we discussed the City' s Code Enforcement Board process and lien foreclosures. Since that meeting, staff and I have worked to draft Ordinance 1793, the Code Enforcement Order Mitigation Ordinance. If approved, the ordinance will assist in providing an equitable, expeditious, effective and inexpensive method of enforcing City codes. The draft Code Enforcement Order Mitigation ordinance will: 1. Clarify language regarding satisfaction and releases of orders and liens. 2. Set policy on a suggested mitigation percentage schedule. 3. Authorize the Code Enforcement Board Chairman to execute and have filed a satisfaction of an order or lien so long as the property is in compliance with all Codes. 4. Authorize the Code Enforcement Board to reduce a fine within ten days of issuance of an order imposing a fine. 5. Authorize the Code Enforcement Board to review, within 3 months after issuance, a request for release of some requirements of an order imposing a fine. 6. Authorize the Code Enforcement Board to hear a staff request to file an order into the court records. PO Box 2917 105 Lewis St Ste 102 7. Establish the procedures by which a violator can request a release of a lien Fort Walton Beach FL 32549 PHONE: ( 850) 243 -6969 from the City Council. FAX: ( 850) 244 -8929 E -MAIL: tonicraig@cox. net WEB SITE: www.tonicraig. info Page Two 21 April 2009 Hopefully, these new procedures will reduce the cost of pursuing compliance by being more selective about which orders are filed in the county, involving the Code Enforcement Board at other levels to gain compliance, and focusing legal efforts of foreclosure on those properties that will most satisfy the City' s goals and policies. The Code Enforcement Board reviewed the ordinance at its April 8 meeting and had no objections to it. Recommended motion: Move to adopt Ordinance 1793 on first reading. If anyone has questions, please contact me. Thank you. Sincerely, Joni oC ( frai  o c E c s 0. 0 o c)) wo FD m m Z 0 = i 0" 0 UL G i In= W r 00 0 f i' t lu lu t i r E' 1 I i I. 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