Okaloosa County BOCC — December 15, 2015 — Code Enforcement Ordinance Rosetta Stone (2) — reading text

owned exists or, if the violator does not own the land, upon any other real or personal property owned the Code enforcement Board which wanted to be by the violator; and it may be enforced in the able to ensure that violators would not be able to same manner as a court judgment by the Sheriff, by the violator in Okaloosa County; and it may be enforced in the same manner as a court judgment walk away from the imposed penalties. including levy against the personal property, but shall not be deemed to be a judgment of a court by the sheriff, including levy against the personal except for enforcement purposes. If, after three property, but shall not be deemed to be a (3) months from the filing of any such lien, the judgment of a court except for enforcement lien remains unpaid, the Code Enforcement purposes. If, after six months from the filing of any Three months is the time period specified in Board may petition the Board of County such lien, the lien remains unpaid, the code section 162.09(3) of the Florida Statutes. Commissioners to authorize and direct the enforcement board may authorize the county County Attorney to foreclose on the lien or sue attorney to foreclose on the lien. Nothing in this The language “or so for a monetary judgment” for a monetary judgment. Nothing in this section section shall abridge the constitutional or statutory was added by legal counsel to allow alternative shall abridge the constitutional or statutory protection extended to homestead property. In the case of Okaloosa Island, a continuing violation of avenues of collection if necessary. It should be protection extended to homestead property. In a lease agreement or a covenant, as determined noted that, under the proposed code, any such the case of Okaloosa Island, for a continuing violation of a lease agreement or a covenant, as by the code enforcement board, there will be a action is at the discretion of the Board of County determined by the Code Enforcement Board, the recommendation to the board of county Commissioners. Code Enforcement Board may recommend to the commissioners that the lease between the Board of County Commissioners that the lease leaseholder and the county shall be considered The proposed language provides more discretion between the leaseholder and the County shall be null and void and the property shall revert back to to the Code enforcement board; the existing considered null and void and the property shall the county. language mandates a recommendation that a revert back to the County. lease be discontinued. The language in this table corrects a typo, as will. 3. No lien provided by this ordinance shall continue for a period longer than 20 years after the certified copy of an order imposing a fine This has been moved to proposed 11-609. has been recorded unless, within that time, an  action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be effective against creditors or subsequent purchase for valuable consideration without notice, unless a notice of lis pendens is recorded. 4. Violations of county ordinances shall be prosecuted in the same manner as Moved to its own section, 11-610. misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney and upon conviction shall be punishable by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. D. Nuisance Abatement Assessments. All the nuisance abatement assessment (1) The County is hereby authorized to impose language is new. nuisance abatement assessments against properties in violation of the Okaloosa County Code of Ordinances that require the County to perform any work necessary to bring the property into compliance. Any costs incurred by the county, including all actual, administrative, and collection costs, may be assessed against the property as a special assessment pursuant to Florida law and, if not paid, may be collected as provided in this Division and Florida Law. Under no circumstances shall any fines or penalties be included in such special assessment. a. When, in the opinion of a Code Enforcement Officer, there is a violation that presents a serious threat to public health, safety or welfare, the Code Enforcement Officer shall provide the owner with a written notice of violation ordering the owner to perform the necessary work to cure the violation within a specified time not to exceed ten (10) days. The notice shall provide the process through which the property owner can appeal the issuance of the notice, and shall specifically state that the property owner has ten  (10) days from the issue date of the notice within which to request the appeal. b. In the event the owner fails to perform the necessary work or fails to contest the Code Enforcement Officer’s notice within the ten (10) day period, the matter shall be placed on the agenda of the next available meeting of the Code Enforcement Board which will consider the facts and determine whether it wishes to recommend that the Board of County Commissioners take action to abate the violation(s) and utilize the nuisance abatement assessment process. In the event the Code Enforcement Board does not send the issue to the Board of County Commissioners and utilize the nuisance abatement assessment process, it may pursue abatement of the violation(s) by the other methods as provided in this Article. If the Code Enforcement Board votes to forward the issue to the Board of County Commissioners, the matter shall be placed on the agenda of the next available, regularly-scheduled meeting. After consideration of the facts presented during the meeting, the Board of County Commissioners may authorize a designee, including a properly procured private contractor, to go upon the premises and perform the necessary work to abate the violation. Costs incurred in the performance of necessary work shall initially be paid by the county. The county’s costs of performing the necessary work, including all actual, administrative, and collection costs, may be assessed against the property as provided in this Article, section 197.3632, F.S., or any other method approved by the Board. c. A notice of the special assessment shall be provided to the property owner by certified mail return receipt requested at the address on record with the Okaloosa County Property Appraiser’s office specifying: (1) the violation that was repaired or abated, (2) the address and parcel identification number of the property, (3) the actual cost of the repair or abatement, (4) the amount of administrative costs, (5) a statement that if not paid in full or an appeal is not filed in writing with the County Administration office within thirty (30) days, a lien shall be recorded  against the property, which lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and (6) the date by which the cost of the repair or abatement must be paid. The only issue to be determined on appeal is whether or not the costs in the notice are the actual costs incurred by the county and/or if the notice describes the proper property and owners. d. If not appealed or paid after thirty (30) days of the notice, a final notice meeting the requirement outlined in subparagraph (c) above, shall be provided to the property owner. The final notice may be mailed by first class mail. e. If not paid after thirty (30) days of the final notice, the county shall annually follow the procedures outlined in section 197.3632, F.S., to collect the actual costs of repairs or abatements, plus reasonable administrative and collection costs as a non-ad valorem assessment. In addition, a claim of lien for special assessment shall be recorded in the official records of Okaloosa County. The lien created shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. The lien created hereby shall accrue from date of repair or abatement at an interest rate equal to the amount of interest payable on a judgment lien pursuant to section 55.03, F.S., as it may be amended from time to time, until such time as the costs of repair or abatement are placed on the assessment roll. The lien created hereby shall bear, on its face, the rate of interest that is payable on the lien. The failure to bear the rate of interest on the lien shall not invalidate the lien. The rate of interest shall be established on the date the violation is repaired or abated by the county. (2) In order to eliminate blight and help preserve property values, the Code Enforcement Board is also authorized to recommend