R24-213 1 RESOLUTION NO. 24-213
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE MAYOR TO EXECUTE AND RECORD RELEASES
5 OR PARTIAL RELEASES OF CODE ENFORCEMENT LIENS UPON
6 FULL PAYMENT OF THE LIEN AND/OR THE APPLICABLE
7 ADMINISTRATIVE FEES, SUBJECT TO REVIEW AND APPROVAL BY
8 THE CITY ATTORNEY'S OFFICE; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, section 162.09(3), Florida Statutes, provides that code compliance liens run in
12 favor of the local governing body, and the local governing body may agree to satisfy or release
13 code compliance liens; and
14 WHEREAS, when a property owner remits payment for a code enforcement lien in full or
15 pays City-established administrative fees for a partial release of lien, a release of lien is required
16 to clear title to the real property encumbered by the lien; and
17 WHEREAS, the Attorney General has concluded that a local governing body, such as the
18 City Commission, may delegate its authority to execute satisfactions or releases of code
19 enforcement liens so long as such delegation does not result in a complete divestiture of such
20 liens by the City Commission to a private party; and
21 WHEREAS, pursuant to section 166.021, Florida Statutes, the City of Boynton Beach
22 through its home rule powers may exercise any power for municipal purposes except those
23 expressly prohibited by law; and
24 WHEREAS, the City Commission desires to delegate authority to the Mayor to execute
25 releases and partial releases of code enforcement liens upon full payment of the lien and/or the
26 applicable administrative fee, or, in the Mayor's absence, the Vice Mayor, or in the Vice Mayor's
S:\CA,RESOResolutions 2024`15 September 23,2024'R24-
213_Resolution_XXX_Authorizing_The_Mayor_To_Execute_Code_Enflrcement_Releases_Of Lien.Docx
27 absence, a Commissioner in the order of their districts, subject to the approval of the City
28 Attorney's Office.
29 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
34 authorizes the Mayor to execute and record releases of lien or partial releases of lien upon full
35 payment of the lien and/or the applicable administrative fees, subject to approval of the City
36 Attorney's Office.
37 Section 3. All resolutions or part of Resolutions in conflict with any of the provisions of
38 this Resolution are hereby repealed.
39 Section 4. If any section or portion of a section of this Resolution proves to be invalid,
40 unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect
41 of any other section or part of this Resolution.
42 Section 5. That this Resolution shall become effective immediately upon passage by the
43 City Commission.
44
45 (Signatures on the following page)
46
S:CA RESO Resolutions 2024 15 September 23,2024R24-
213_Resolution_XXX Authorizing_The_Mayor_To_Execute Code_EnforcementReleases_Of Lien.Docx
45 PASSED AND ADOPTED thi 2 day of rube 2024.
46 CITY OF BOYNTON BEACH, FLORIDA
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48 YES NO
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50 Mayor—Ty Penserga
51
52 Vice Mayor—Aimee Kelley ✓
53
54 Commissioner—Angela Cruz
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56 Commissioner—Woodrow L. Hay
57
58 Commissioner—Thomas Turkin
59
60 VOTE
61
62
63
64 ATTE.
65
66 .I ,a .► l'
67 Maylee be :sus, MPA, C Ty •rga
68 City Cle k Ma .r
69
70 OF BOYA,T.
APPROVED AS TO FORM:
/ Cly .•'�ORPOR9��Ji /
71 (Corporate Seal)
72 ; :ANAL .41 ari4a
73 i CoRpORgr =r Shawna G. Lamb
I 4�.•
74 III 92• Q , City Attorney
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