Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

method of gaining compliance and, in some cases, may create a hardship for citizens. ATIY Final 511212009 144-  and h. Therefore, the City Council finds that it will promote, protect, 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: 9. 05. 08 Code Enforcement Order Mitigation A. Definitions. Satisfaction of Order. A legal document, as approved by the city attorney, and process by which the ciiX acknowled es and confirms that a violator has satisfied all obligations of a code enforcement order imposing a Release of Order. A legal document as approved b the city attorney, and the process bv which the city acknowled es and confirms that the city is releasin the violator from some of the obli ations of a code enforcement order imposing a fine while other obligations of the order have been satisfied by the violator. Satisfaction of Lien: A legal document, as approved by the city attorney,, and the process by which the cijX acknowledges and conf rms that a violator has satisfied all obligations of a code enforcement order imposing a fine that has been filed in the public records of Okalo sa C un City shall file a satisfaction of lien in the public records of Okaloosa Counly. Release of Lim, A legal document, as approved by the city attorney, .andis the process by which the city ac,,knowledges and confirms that the c releasina the violator from some of the obligations of a code enforcement order imposing a fine that has been filed in the public records of Okaloosa Count while other obligations of the order have been satisfied by ublic records of violator. The City shall file a release of lien in the Okaloosa County. as Mitidation Schedule: A schedule of suggested- miti ation percentanes, that approved b ity Council and amended -by resolution if needed shall be considered dgfbgLMiew of an application for release of an or imposina a fine or release of lien and that may ensure an a uitable expeditious. and effective method of gaining com liance with the code. The following is the city's suggested mitigation percentage schedule: ATTY Final V212009 145-  Fine Amount % of Fine Amount to be Paid 0 tc) $ 20,000 20% of the fine amount M 20 X001 - $ 40, 000 30% of the fine amount 40 1301 -- and over 35% of the fine amount B. Satisfaction of Order or Lien 1. At anv time that a violator/property owner has satisfied all obli ations of a code enforcement order, the Code Enforcement Board Chairman, upon request provided by the violator and a statement of compliance _provided by.the code inspector, shall execute a satisfaction of order or lien, whichever is applicable. IF The city clerk will record any satisfaction of lien in the public records of Okaloosa County, Florida. and provide a copy of the recorded document to the props owner. C. Reduction of Fine: Release of Order; Filing of Order._ The code enforcement board shall adopt procedures for reviewing a code enforrcement board order imposing a fine, upon application of a violator..Such procedures shall: 1. govern a request for a reduction of fine made within ten days oif ant1 order imposing a fine; 2: s govern a request for a release of order, which procedures shall The effective for the first three months after an order imposing a fine is issued; 3. - govern a staff request to file an order imposing a fine into the court records; and 4. at a minimum,_require: a. statements in each order that the violator that there are procedures to request a reduction of fine, release of order, or release of lien: b. criteria for determining if an or_ der imposing a fine should be filed in the public records that would be effective during the fourth through sixth months after an order imposing a fine has been issued: C. criteria for foreclosure mitigation that would be effective during the first three months after an order im osing a fine has been filed in the public records; and d. findings of fact regarding any reduction of fine or ATTY Fins! 511212009 146-  release of order, that ensures the code enforcement board considered the following: 1) the gravity of the violations_ 2 the time in which it took the violator/ ro ert owner to come into compliance; 3) the accrued amount of the code enforcement fines /lien as compared to the county' s property appraiser' s stated value of the property before exemptions; _ 4) any previous code violations; and 5} the mitiga # ion schedule. D. Release of Lien If a certified copy of a code enforcement board order has been recorded in the public records and the groperty that was in violation has been brought into compliance with the code, the violatoL/2rogedy owner may apply to the cify c, ouncil for a release of lien as follows. 1 The violator /property owner shall apply for a release of lien on a sworn application approved by the city manger that includes, at a minimum the address of the subject property. the date the subject poropertv was brought into com2fiance the factual bases for the reg_uest for release of the lien, the terms upon which the owner believes a release of lien should _be violator /property granted, a statement of compliance by the code inspector,,-and the amount of the release in fines sought by the violator /grope owner. 2. Upon receipt of the application for release of lien.' the city manager shall schedule the application for review by the city council at the next available council meeting and re a pre a recommendation to the city council. 3 If the property subject to the application is also the subject of a 'foreclosure Droceeding filed by the city against the roe and property owner in violation, the cay manager, within fifteen days of receipt of the complete application, shall issue a written denlal of the application that includes the name, address and telephone number of the foreclosure attomey and advises the applicant that matter must be considered as a settlement of the litigation. 4. The city council shall consider the armlication for release of lien at a public meeting pursuant to the following criteria._ A M Final W 212009 aE,rd  a. The city council may take action based solely upon the sworn application and comments ofthe applicant, and the recommendation of the city manager. b. The citv 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 followingin determining whether to approve or deny an application for release of lien: 1) the gravity of the violation; 2) the time in which it took the violator p / roperty owner to come into compliance; 3) the accrued amount of the code enforcement fines /lien as compared to the county's property appraiser's stated value of the property before exemptions; 4) any previous code violations; and 5) the mitigation schedule. d. If the City Council approves a release of lien, the mayor shall execute such release and the city clerk shall have the release recorded in the public records of Okaioosa County&Florida, and provide a copy to the property owner. E. V'Vaiver or Reduction of Administrative Fees or Costs 1' he Council or Code Enforcement Board may consider a waiver or reduction of administrative fees or costs that were originally imposed in the code enforcement order or for subsequent remedial actions taken by the Ci , Section 3. Conflicting Provisions If any ordinance or parts of any ordinance are in conflict with this ordinance, the provisions of this ordinance shall prevail. Section 4. SeveraW ity Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions. Section 5. Effective Date This ordinanc=e shall take effect immediately upon approval by the City Council and signature of the Mayor. ATTY Final 519212009 148- Adopt L OB' _