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

ENFORCEMENT ORDER 1. 05. 08, PROCEDURES; RESOLVING CONFLICTING MITIGATION AND SEVERABILITY; AND SETTING AN PROVISIONS 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 Florida to the powers vested in the City by dome Rule Authority of section 166. 021 (1), 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. Florida Statutes, provides that code d. Section 162. 09(3), enforcement order liens run in favor of the City Council and that the Council may agree to satisfy or release code enforcement liens. it constitutes a lien e. Once an order imposing fine is recorded, 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 effective, and inexpensive are intended to provide an equitable, expeditious, compliance with the code, and that foreclosure method of enforcing and gaining 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. ATTY Final 519212009 97-  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. Satisfaction of Order. A legal document, as approved by the city attorney, and the process by which the ci acknowledges and confirms that a violator has satisfied all obligations of a code enforcement order imposing a fine. Release of Orden A legal document, as approved by the city attorney, and the process by which the city acknowledges and confirms that the city releasing the violator from some of the obligations of a code enforcement order r ingoosing 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--12 by which the city acknowledges and confirms that a cess, 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 M 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 shall 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 511212009 98-  Amount % of Fine Amount to be Pai 20% of the fine amount 20, 001 - $ 40, 000 30% of the fine amount X40, 401 — and over 35% of the fine amount B. Satisfaction of Order or Lien 1 At any time that a violator/propedy owner has satisfied all obligations of a code enforcement order, the Code Enforcement Board Chairman u on re uest rovided b the violator and a statement of 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 provide a copy of the recorded document to the propeqy 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 appi Ecation of a violator. Such procedures shall: 1 govern a request for a reduction of fine made within ten da s of any order imposing. a fine; 2 govern a request for a release of order, which procedures shall be effective for the first three months after an order im osin a fine is issued; 3. novern 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 notify 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 imposin- i a fine should be filed in the p^ublic records that would be effective months after an order during the fourth through sixth iml2osing a fine has been issued; foreclosure that would _ be C. criteria for mitigation an order effective during the first three months after imposing a fine has been filed in the public records: and d. findings of fact regarding any reduction of fine or AT7Y Final 0/92/2009 99_  release of order, that ensures the code enforcement board considered the following: 1 the gravity of the violation; 2) the time in which it took the violator /propert r owner to come into compliance ;_ accrued amount of the code enforcement fines /lien as compared to the countV' s property appraiser's stated value of the property before Y exemptions; _ 4) any previous code violations; and 5) the mitigation schedule. D. Release of Lien If a certified cony 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 /propeMt 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 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, ' the 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 subject to the application is also the subject of a foreclosure proceeding filed by the city against the property and property owner in violation, the city manager, within fifteen days of receipt of the complete application, shall issue a written denial 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 5/ 12/2009 100-  a The city, council may take action based solely upon 1 7 i 1 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