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

public records that would be effective fourth through months after an order during the sixth imposing a fine has been issued: C. criteria for foreclosure mitigation that would be effectiveduring 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 Rnar WTan009 EK- 11  release of order, that ensures the code enforcement board considered the following: 1) the graves of the violation; 2) the time in which it took the violator /property 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 exemptionsm 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 that was in violation has been brought into compliance with the code, the violator/propedy 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 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, statement of compliance by the code inspector, and the amount of the release in fines sought by the violator p/ roperty 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 gursuant to the following criteria. A TTY Final VIZ2009 177-  a. The city council may take 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 proverty 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 Okaloosa 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 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. Severability 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 ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ATTY Final 5/122009 178-  dawz_ Aie 4k Adopt Mike Anderson, Mayor ATTEST: Approved for form and legal sufficiency. 14 A Helen Spencer, GVity Clerk Toni . Craig, City Attorney New language is underlined; deleted language is s#gsken. Codification Instructions: Sections of this Ordinance to be codified: Section 2 Placement: Amends Volume ll, Chapter 1. 05 as stated r. 0 MrN- ATTY Fins/ 511212009 179-  CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING Legal 6133 CITY OF FORT WALTON BEACH, A PUBLIC HEARING will be held on the followingg pproposed p ordinance at 6: 00 p. m. or NOTICE OF PUBLIC Tuesday, May ' 12, 2009, in the Council Chamber at Fort Walton Beach City Hall, 107 HEAR( NG Miracle Strip Parkway, SW, at which time the City Council will consider its adoption intc A PUBLIC HEARINC law. The ordinance in its entirety may be inspected at the Office of the City Clerk during lo'`','l be held osed ofol: regular working hours. All interested parties may appear at the meeting and be heard Tuesday, nance at 6:00Mayp.m. 12,or with respect to this proposed ordinance. 2009, in the Council Chamber at Fort Wal- ton Beach City Hall, 107 Miracle Strip Park- ORD. 1793 way, SW, at which time the City Council will consider its adoption AN ORDINANCE OF THE CiTY OF FORT WALTON BEACH, FLORIDA; PROVIDING in it law.entirety The ordinance be FOR AUTHORITY; ADOPTING SECTION 1. 05. 08, ENTITLED CODE ENFORCEMENT inspected at the Office ORDER MITIGATION PROCEDURES; RESOLVING CONFLICTING PROVISIONS eguarCworking hours. parties All interested AND SEVERABILITY• AND SETTING AN EFFECTIVE DATE. may appear at the meeting and be heard with respect to this pro - posed ordinance. Any pf: rson who decides to appeal any decision made with res P ect to an y matter ORD. 1793 considered at such hearing will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record AN ORDINANCE OF THE CITY OF FORT includes the testimony and evidence upon which the appeal is to be based WALTON BEACH, FLORIDA; PROVID- FS28 >.0105 ) . ING FOR AUTHORITY; ADOPTING SECTION 1. 05. 08, ENTITLED CODE The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will MENT ORDEROMiTt- GATION PROCE- make