Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

$ 5, 000. 00 from Thomas Scott in accordance with his settlement offer. 2. DISCUSSION: 2. 1 The property is currently in compliance with all of the listed violations and the owner is remodeling the house with the intention of making this property a primary residence. 2. 2 On May 12, 2009, Ordinance No. 1793 was adopted to amend Section 1. 05. 08 of the Code of Ordinances, titled Code Enforcement Order Mitigation Procedures, to provide a suggested schedule of mitigation percentages. The percentages in the approved schedule are a follows: Fine Amount of Fine Amount be Paid 0 - $ 2000 20% of the fine amount 20, 001 - $ 40, 000 30% of the fine amount 40, 001 and over 35% of the fine amount 3. FINANCIAL INFORMATION: 3. 1 The existing fines and fees on the property at 110 Moriarty Street NW are as follows: Case # Administrative Fee Assessed Fines 01- 1362 420. 00 0 05 -506 420. 00 292,250. 00 05 -712 420. 00 311, 250.00 Total Fees & : Fines 1, 260. 00 603, 500. 00 3. 2 The fees incurred by the City for this case are $ 340. 00 in attorney fees and t , 260.00 in administrative fees. 172-  3. 3 Based on the recommended mitigation percentages in Ordinance No. 1793, the percentage of the total fine would be 35 percent, or $ 211, 225. However, according to the Okaloosa County Property Appraiser, the house and lot are appraised at $ 78, 301, which is 37 percent of the mitigation amount. 4. RECOMMENDATION: 4. 1 Attorney Joseph Lorenz informed staff that he recommends acceptance of the 5, 000 from the property owner as full settlement of the liens against the offer of $ property at 110 Moriarty Street NW. 4.2 Staff recommends that City Council follow the recommendation of the Code Enforcement attorney since the property the Code Enforcement cases were filed prior to the passage of Ordinance No. 1793; the property is currently in compliance and back on the tax rolls as a homesteaded property; and the appraised value of the property is well below the recommended Code Enforcement mitigation amount. To pursue seeking the mitigation amount would likely result in protracted litigation against a homesteaded property and would accrue to no ones benefit as the central objective of code enforcement is compliance. That has been achieved in this case and the acceptance of $5000 will cover the city' s expenses in bringing about compliance. 5. ATTACHMENTS: 5. 1 Ordinance No. 1793 5. 2 Settlement Letter from Mr. Thomas Scott, property owner of 110 Moriarty Street NW, dated July 14, 2009 5. 3 E -Mail from Mr. Joseph Lorenz to Staff, dated August 28, 2009 5. 4 Legal Sufficiency E -Mail from Toni Craig, dated October 5, 2009 6. SIGNATURE BLOCK: 6. 1 Submitted By: / o/ 06 p imothy Bo uc, Building Official 6. 2 Reviewed and Concur: Michael D. Beedie, P. E., City Engineer 6. 3 Reviewed for /Agenda: A end a: lt<le d o ert T. Mearns ity Manager 173-  READING DATE 1st p 2nd ORDINANCE 1793 AMENDED AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADOPTING SECTION 1. 06.089 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 BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of section 166. 021( 1), Florida 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. d. Section 162. 09( 3), Florida Statutes, provides that code 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 an order 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. ATTY Final 511212009 174-  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 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 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 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 The City shall file a release of lien in the public records of violator. 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: A TTY Final 5( 1212009 175-  Fine. Amount % of Fine Amount to be Paid 0 to $ 20, 000 20% 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 violator/Droperty 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. 4_ 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 request 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 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 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