Fort Walton Beach Council agenda — 02-09-2010 Regular — reading text

Attorney, dated February 1, 2010 5. 5 Draft Release of Lien 5. 6 Legal Sufficiency E -Mail from City Attorney, dated February 3, 2010 6. SIGNATURE BLOCK: 6. 1 Submitted By: Timothy olduc, Building Official 6. 2 Reviewed and Concur: . r,. i 31zo 4 Michael D. Beedie, P. E., City Engineer 6. 3 Reviewed for A Agenda: g ert T. Mearns Vy Manager 151-  411 M. 4. ww.4tlAY 11 r. r. W.. l' READING ]) ATE' 2nd ORDINANCE 1793 AMENDED AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADOPTING SECTION 1. 45.083 ENTITLED CODE ENFORCEMENT ORDER MITIGATION PROCEDURES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACHy FLORIDA, AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this ordinance is pursuant to the Florida powers vested in the City by Home 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. Section 162. 09(3), Florida Statutes, provides that code d. enforcement order liens run in favor of the City Council and that the Council may agree to satisfy or release code enforcement liens. e. Once anorder imposing fine is recorded, it constitutes a lien 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 are intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing and gaining compliance with the code, and that foreclosure 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. A TTY Final 5h2 2 / 009 152-  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 Miti ation Procedures. A. Definitions. Satisfaction of Orcler. A legal document, as ap roved by the city 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. Release of Order: A legal document, as approved by the cily attorney, and the process § y which the city acknowledges and confirms that the eft 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. the ci Satisfaction of Lien: A legal document as approved b attorne and the. ffocessby which the cily acknowledges and confirms that a violator has satisfied all obli ations of a code enforcement order, imposing a fine that has been filed in the public records of Okaloosa County. ublic records of Okaloosa City- shall file a satisfaction of lien in the CounhL roved b the ci attorne and Release of Lien: A le al document as a the rocess by which the gk acknowledges and confirms that the cijY is releasing the violator from some of the obli ations 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 Y_ in the public records of violator. The Citv shall file a release of lien Okaloosa County. ation percentages, as Miti ation Schedule: A schedule of su ested M ity Council and amended by resolution if needed,. approved b shall be considered during review of an a lication for release of an or der imposing a fine or release of lien and that may ensure an a uitable. ex and effective method of gaining compliance with the code. editious The following is the city's suggested mitigation percentage schedule: ATTY Final 5/ 1212009 153-  Fine Amount % of Fine Amount to be Paid 0 to $ 20, 000 20% of the fine amount 20,001 -.$ 40, 00Q 30% of the fine amount 40, 001 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 obligations 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. 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 property owner. C. Reduction of Fine: Release of Order- Filin_q 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 reauest for a reduction of fine made within ten days of any order imposing a fine; 2 govern a request for a release of order, which procedures shall be effective for the first thM 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 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 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 imposing a fine has been filed in the public records: and d findings of fact regarding any.- reduction of fine or ATTY Final 511212009 154-  release of order, that ensures the code_enforcement board considered the following;_ M _ the gravity of the violation; 2) the time in which it took the violator /pro 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 mitigation schedule. D. Release of Lien If a certified copy of a code enforcement board order has been recorded in the public records and the property t_hat was in violation has been brought into compliance with the code, the violator p / roperty owner may apply to the city council for a release of lien as follows. 1 The violatorlpropg y 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 .roperty, 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 violato_ r/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 tines sought by the violator /prope owner. 2- Upon receipt of the application for release of lien,' the city manager shall schedule the application for review by the city the next available council meeting and prepare a council at recommendation to the city council. 3 If the property subject to the applica #ion is also the subiec# of