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

335 So. 2d 815, 817 ( Fla. 1976); Alsop V. 6] See, Pierce, 19 So. 2d 799 ( Fla. 1944). 1/ 22/2009 htto: / mvfloridalegal.com/ / ago. nsf/printview/ FD190AA33A00ADFF852569FB005511BF  CITY OF PALM COAST RESOLUTION 2007 -XX A RESOLUTION OF THE CITY OF PALM COAST, FLORIDA PROVIDING THAT THE CITY MANAGER, OR DESIGNEE, IS AUTHORIZED TO EXECUTE AND RECORD SATISFACTIONS OF LIENS UPON FULL PAYMENT OF CODE ENFORCEMENT FINES OR PENALTIES; PROVIDING THAT THE CITY MANAGER, OR DESIGNEE, SHALL CONSIDER ANY APPLICATIONS FOR REDUCTION OR FORGIVENESS OF CODE ENFORCEMENT LIENS, FINES OR PENALTIES WHEN ORDERS IMPOSING SUCH LIENS, FINES OR PENALTIES HAVE BEEN RECORDED IN THE PUBLIC RECORDS AND SHALL MAKE RECOMMENDATIONS TO THE CITY COUNCIL; PROVIDING CRITERIA FOR THE CITY MANAGER, OR DESIGNEE, TO FOLLOW WHEN CONSIDERING APPLICATIONS FOR REDUCTION OR FORGIVENESS OF LIENS, FINES OR PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162. 09(3), Florida Statutes, provides that code enforcement liens run in favor of the local governing body (the City Council), and the local governing body may agree to satisfy or release code enforcement liens; and WHEREAS, Section 162. 09(2)( c), Florida Statutes, provides that code enforcement boards may reduce a code enforcement fine before the order imposing such fine has been recorded in the Public Records ( Land Records) and, thereby, results in a lien running in favor of the local government; and WHEREAS, Opinion of the Attorney General of the State of Florida number 2002 -62 Opinion of the Attorney General of the State of Florida, dated September 11, 2002, and issued Mr. Bruce W. Jolly, Legal Advisor to the City of Fort Lauderdale Code i Enforcement Board; and Opinion of the Attorney General of the State of Florida number 1999 -03, dated January 15, 1999, and issued to Mr. Thomas J. Ansbro, Dania City Attorney, result in the conclusion that code enforcement boards are not authorized to reduce fines when code enforcement orders have been recorded in the public records, and that the local governing body is vested with the authority to reduce or satisfy Iiens after such liens have been recorded; and WHEREAS, Attorney General Opinion number 99 -03 also concludes that a local governing body, such as the City Council, may delegate its authority to execute satisfactions or release of code enforcement liens so long as such delegation does not result in a complete divestiture of such liens by the city council to a private party; and WHEREAS, pursuant to Section 166. 021, Florida Statutes, the City of Palm Coast through its home rule powers may exercise any power for municipal purposes except those expressly prohibited by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, that: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS. The above recitals ( whereas clauses) are hereby adopted as the legislative and administrative findings of the City Council. SECTION 2. APPLICATIONS FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS. a }. Where a certified copy of an order imposing a penalty or fine relating to a Code Enforcement Board case has been recorded in the public records and has become a lien against the land and/ or property of the violator /property owner, such violator /property owner may apply for a satisfaction or release of such lien as follows: 1). upon full payment by the violator /property owner of the fine or penalty imposed in accordance with this Resolution, the City Manager, or designee, is hereby authorized to execute and record a satisfaction of lien; or  2). upon request for a reduction or forgiveness of a fine or penalty imposed in accordance with this Resolution, the violator /property owner shall submit a written application to the City Manager, or designee. b). Applications for a reduction or forgiveness of a lien shall include, at a minimum, the following: 1). a copy of the order imposing a lien upon the property; 2). the code enforcement case number; 3). the date upon which the violator /property owner brought the subject property into compliance with the City Code; 4). the factual basis upon which the violator /property owner believes the application for reduction or forgiveness of the lien should be granted; 5). the terms upon which the violator /property owner believes a satisfaction or release of lien should be granted; 6). the reasons, if any, compliance was not obtained prior to the order of penalty of fine being recorded; and 7). the amount of the reduction in penalty or fine sought by the violator /property owner. c). Applications shall be executed under oath and sworn to in the presence of a notary public. d). Upon receipt of the application for satisfaction or release of lien and payment provided above, the City Manager, or designee, shall confirm that the violation which resulted in the order imposing penalty or fine has been brought into compliance.  designee, then and consider the e). The City Manager, or shall review application for satisfaction or release of lien for the threshold criteria as follows: 1). if a property owner has purchased property on which a lien was recorded, a waiver or reduction on lien shall not be granted as in such cases, the lien should have been considered in reaching a purchase price, or 2). if a title insurance policy is issued upon the purchase of the property and the title insurance policy failed to identify or consider the lien, a waiver of reduction in lien shall not be granted. In such cases, the lien should have been discovered by the title insurer and providing a reduction of waiver would place the City in the position of indemnifying the title insurer against its losses, which losses should be reflected in premium charges, or 3). a request for waiver or reduction in lien shall not be granted if the City Council has previously reduced the amount of lien whether or not the request is received from the original applicant for reduction or a subsequent applicant. f). If the City Manager, or designee, determines that the request fails any one of the above -established guidelines, the City Manager, or designee, shall issue a written denial of the request. if the applicant wishes to appeal the decision to the City Council, the applicant may do so by filing a written appeal with the City Manager asserting why the City Council should make an exception to its established guidelines and reduce or waive the lien. Upon proper appeal, the City Manager shall present the information to the City Council for its consideration and final determination. determines that a request meets g). If the City Manager, or designee, review the the above- established guidelines, the City Manager, or designee, shall request further and formulate a recommendation to the City Council. The City Manager, or designee, in determining its recommendations, shall consider the following factors: 1). the gravity of the violation; 2 }. the time in which it took the violator /property owner to come into compliance; 3). the accrued amount of the code enforcement lien; as compared to the value of the property; and 4). any previous code violations h). The City Manager, or designee, shall place the application for satisfaction or release of lien upon the agenda of a City Council meeting. The City Council may take action based solely upon the sworn application, recommendation of the City Manager, or designee, and the applicant's statements, if any, to the City Council as to the factors warranting reduction or waiver of lien in considering the application for satisfaction or release of lien. i). 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. 0). When a lien is satisfied as a result of full payment, reduced payment or waiver as ordered by the City Council, the City Manager may execute implementing documents and the City Clerk shall record the satisfaction /release of lien in the Public Records of Flagler County, Florida, upon the applicant paying the costs of recording, and provide a copy to the property owner. SECTION 3. SE'VERABILITY. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION 4. CONFLICTS. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 5. IMPLEMENTING ACTIONS. a). The City Clerk shall cause a certified copy of this Resolution shall be filed in the offices of the Clerk of Circuit Court in and for Flagler County, Florida and recorded in the Public Records ( Land Records) of Flagler County, Florida. b). The City Manager, or designee, is hereby authorized to take any actions necessary to implement the action taken in this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council. PASSED and ADOPTED at the meeting of the City Council of the City of Palm Coast on the ' day of , 2007. A TTES T: CITY OF PALM COAST, a Florida Municipal Corporation CLARE HOENI, CITY CLERK By: JAMES V. CANFIELD, MAYOR Cape;Cbxa xl re: ze : 12/m Os..= Council agreed to expand the scope of services of its planning consultant to include drafting a definition of family" that would apply to all areas, not just single -family zoning districts. Unrelated people living in a unit ... longer than short-term ... has been raised" as an issue, Mayor Ed Martin said. If we are going to have a definition at all, ( it needs to be) one that is reasonable, defensible and one that addresses an issue we want to address," said Council Member John Moore. " We already (have) definitions of family approved by courts. I don' t know why it would take a whole lot of research to do." Planning consultant Morris -Depew Associates