Fort Walton Beach Council agenda — 05-25-2010 Regular — reading text

inexpensive are intended to provide an equitable, expeditious, and that foreclosure method of enforcing and gaining compliance with the code, 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. AT7Y Final 5/ 12/2009 85-  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 Mitigation Procedures. A. Definitions. I document, as approved by the city attorney, Satisfaction of Order. A le,, a and the process by which the city acknowledges and confirms that a violator has satisfied all obligations of a code enforcement order imposing a fine. Release of Order.,A legal document, as approved by the city attorney, and the process by which the city acknowledges and confirms that the city is releasing the violator from some of the obligations 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 ci attorney, and the process by which the city acknowledges and confirms that a violator has satisfied all obligations of a code enforcement order imposing a fine that has been filed in the public records of Okaloosa County. The City shall file a satisfaction of lien in the public records of Okaloosa Counly. Release of Lien: A legal document, as approved by the city attorney, and the process by which the city acknowledges and confirms that the city is releasing 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 County, while other obligations of the order have been satisfied by the violator. The City shall file a release of lien in the public records of Okaloosa County. Mitigation Schedule: A schedule of suggested mitigation percentages, as approved by the City Council and amended by resolution if needed, that shat! be considered during review of an application for release of an order imposing a fine or release of lien, and that may ensure an equitable, expeditious, and effective method of gaining compliance with the code. The following is the city's suggested mitigation percentage schedule: ATTY Final 5/92/2009 86-  Fine unt of Fine Amount to be Pa 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 violatorlproperty owner has satisfied all obligations of a code enforcement order, the Code Enforcement Board Chairman, upon reguest by the violator and a statement of provided compliance provided by the code inspector, shall execute a satisfaction of order or lien, whichever is applicable. 2 The city clerk will record any satisfaction of lien in the public records of Okaloosa County. Florida and rovide a copy of the recorded document to the property owner. C Reduction of Fine; Release of Order: Filing of Order. The code enforcement board shall adopt procedures for reviewing a code enforcement board order imposing a fine, upon application of a violator. Such procedures shall: 1. govern a re nest for a reduction of fine made within ten days fine; of any order im,Rosin, a rocedures 2. - govern a reguest for a release of order, which shall be 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 notifv 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 order imposing a fine should be filed in the public records that would be effective months after an order during the fourth through sixth imposing a fine has been issued; criteria for foreclosure mitigation_ that would be C. first three months after an order effective during the imposing a fine has been fled in the public records: and d. findings of facts regarding any reduction of fine or AT7Y Final 511212009 87_  release of order,_that ensures the code enforcement board considered the following: t 1) the gravity of the violation;, 2 the time in which it took the violator /propgrty 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 mesons; exemptions; 4)_. any previous code violations; and 5) the mitigation schedule. D. Release of Lien If__ a certified copv of a code enforcement board order has been recorded in the public records and the property that was in violation has been brought into compliance with the code, the violator /property owner may apply to the city council 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 subiect property, the date the subiect property was brought into compliance, the factual bases' for the request for release of the lien, the terms upon which the violator /property owner believes a release of lien should be granted, a statement of compliance by the code inspector, and the amount of the release in fines sought by the violator/property owner. 2. Upon receipt of the application for release of lien. 1he city manager shall schedule the application for review by the city council at the next available council meeting and prepare a recommendation to the city council. 3. If the property subiect to the application is also the subject of a foreclosure proceeding filed by the city against the property and properly owner in violation, the city manager, within fifteen days of receipt of the complete application, shall issue a written denialI of the application that includes the name, address and telephone number of the foreclosure attorney and advises the applicant that matter must be considered as a settlement of the litigation. 4. The city council shall consider the application for release of lien at a public meeting pursuant to the following criteria. ATTY Final 519212009 88_  a. The ciW council maytake action based solely upon the sworn application and comments of the applicant, and the recommendation of the city manager. 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 following in 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 Cijy 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 4kaloosa County, Florida, and provide a copy to the property 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 ori-ginal!y imposed in the code enforcement order or for subsequent remedial actions taken by the Cily. Section 3. Conflicting Provisions or parts of any ordinance are in conflict with this If any ordinance ordinance, the provisions of this ordinance shall prevail. Section 4. Severability Should provision of this ordinance be declared by a court of any competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions. Section 5. Effective Date This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ATTY Final 5112/ 2009 89-  Z Adopt L -'. r4e" f