R15-026 1' RESOLUTION NO. R15 -026
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, EXTENDING AND AMENDING PILOT PROGRAM
5 ENTITLED "CONDITIONAL LIEN REDUCTION PROGRAM"
6 FOR A PERIOD OF ONE YEAR; PROVIDING FOR LIEN
7 REDUCTION CONSISTENT WITH THE REQUIREMENTS
8 HEREIN; AMENDING THE RESOLUTION TO CLARIFY
9 THE PROCESS; PROVIDING FOR CONFLICTS; PROVIDING
10 FOR SEVERABILITY; A N D PROVIDING FOR AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the City Commission adopted Resolution No. R14 -032 on April 1,
14 2014, implementing a one -year pilot program for the institution of an administrative
15 conditional lien reduction process for properties within the City that are not in compliance;
16 and therefore unable to request lien reduction by the Code Enforcement Board or Special
17 Magistrate; and
18
19 WHEREAS, within this first year, a number of cases have been settled through the
20 conditional lien reduction process; and
21
22 WHEREAS, the City Commission is desirous of extending the pilot program for an
23 additional one year period; and
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25 WHEREAS, administration has recommended, and the Commission hereby
26 approves minor revisions to the program to clarify the process.
27
28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
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31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
32 true and correct and are hereby made a part of this Resolution.
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34 Section 2. The City hereby extends the current pilot program for a one -year period for the
35 conditional lien reduction process for properties within the City that are not in compliance;
36 and therefore are unable to request lien reduction by the Code Enforcement Board or
37 Special Magistrate, under the terms and conditions set forth herein:
38'
39 Conditional Lien Reduction Procedures
40
41 ! 1. A party seeking reduction of daily fines or penalty fees accrued through a
42 code enforcement lien, when a property is not in compliance, must submit a
43 written application to the Code Compliance Division. In the application, the
44 applicant shall explain the basis for the request, and complete all information
45 requested in the application. Incomplete applications shall be returned to the
46 applicant prior to acceptance by the City, and if not returned with all required
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1 information completed within thirty (30) days the application shall be
2 considered withdrawn.
3
4 2. The non - refundable application fee shall be a fee of two hundred dollars
5 ($200.00), with a fee of fifty dollars ($50.00) for each additional lien recorded
6 against the property, payable at the time the application is submitted. The
7 application will not be considered by the City until the application fee is
8 paid in full. The amount of the application fee may be revised by the City
9 Commission by resolution.
10
11 3. Upon receipt of an application, the City shall confirm that subject property is
12 free of all outstanding debts (including taxes) due to the city. If outstanding
13 debts, including taxes and utility bills are unpaid at the time of application, the
14 City's agreement to settle and release liens pursuant this Program shall be
15 conditioned upon the seller, purchaser, or title agent providing proof of
16 payment to the City of all outstanding debts.
17
18 4. The applicant shall provide any documentation, including, without limitation,
19 photographs, receipts, permits, and similar items, which the applicant wishes
20 to have considered as part of the request.
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22 5. Upon the City's receipt of a complete application and payment of the
23 application fee, a City code enforcement officer shall inspect the applicant's
24 property to ascertain outstanding violations existing at the property. The code
25 enforcement officer shall provide the applicant with a written explanation of
26 the remaining items that must be completed in order to bring the property into
27 compliance.
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29 6. Upon the completion of the property inspection, the City Manager shall
30 convene a "Conditional Licn Reduction Committee" comprised of the
31 - . . - ` - - .. - - .. : , the Code Compliance Coordinator and
32 Building Official /City Engineer, or their department designee, and any other
33 member of City staff designated by the City Manager, who shall consider the
34 factors required by this section and - .. - . - - . • .
35 ! regard to determine the amount to which the accrued fines set forth in the
36' lien(s) should be reduced, if at all, and an appropriate time for compliance.
37
7. When determining the recommended lien settlement amount, the
39 Licn Reduction Committee Code Compliance Coordinator and Building
40 Official /City Engineer, or their department designee, and any other member of
41 City staff designated by the City Manager, shall consider the following:
42
43 A. Statutory criteria:
44
45 i. The gravity of the violation;
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1 ii. Efforts, if any, taken by the violator /property owner to come
2 into compliance; and,
3 iii. Any previous code violations by violator
4:
5 B. May consider other f a c t o r s the . . - - ' - .. . - - -
6 City deems relevant, including, without limitation, the length the
7 violation remained in place, any difficulties or unique circumstances
8 affecting the ability to come into compliance, the level of investment
9 necessary to bring the property into compliance, accrued amount of
10 the lien, current property value compared to the accrued lien, time
11 and incurred costs by City to bring the property into compliance,
12 current ownership of the property, ie. Owner - occupied, REO or
13 investment property and any other factors the
14 Reduction Committee City deems relevant.
15
16 8. The City's costs of enforcement, including, without limitation, any charges
17 resulting from City's abatement of health and safety violations on the
18 property and administrative costs shall not be mitigated or reduced.
19
20 9. The Conditional Licn Reduction Committee Code Compliance Coordinator
21 and Building Official/City Engineer, or their department designee, and any
22 other member of City staff designated by the City Manager, shall also review
23 the status of the violations on the property, and determine a reasonable amount
24 of time for the owner/buyer to bring the property into compliance. This time
25 shall be agreed upon by the City and owner/buyer, and as a condition of
26 settlement, the City and owner/buyer shall enter into a Stipulated Agreement
27 providing for a time certain to comply, and the recordation of new liens against
28 the property due to failure to comply.
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30 10. The City shall assess a fee of $692.06 for the preparation and recording of the
31 Stipulated Agreement, and the necessary inspections to confirm compliance
32 therewith.
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34 j 11. City Staff shall then prepare and issue a Lien Settlement Letter to the applicant.
35 The Lien Settlement Letter shall indicate the status of the violations on the
36 property, the total fine accrual, the lien settlement amount, the administrative
37 fees and costs incurred by the City, a provision stating that the City's
38 agreement to settle the liens is conditioned upon the owner/buyer entering into
39 I a Stipulated Agreement with the City to bring the property into compliance,
40' and the fee for the Stipulated Agreement. If there are any outstanding debts
41 owed to the City, the Lien Settlement Letter shall indicate that the City's
42 agreement to settle and provide a release of the lien(s) is conditioned upon the
43 owner/buyer providing the City with proof of payment. The Lien Settlement
44 Letter shall be executed by the City Manager or his /her designee, and shall be
45 valid for a period of thirty (30) days. Should the applicant accept the City's
46 Lien Settlement proposal, the applicant shall submit payment and a fully
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1 executed Stipulated Agreement to the City within thirty (30) days and upon
2 receipt and proof of payment of any other outstanding debts owed to the City
3 the City will deliver a Release of Lien to the applicant.
4
5 12. If more than thirty (30) days elapse from the date of the issuance of the City's
6 Lien Settlement Letter, the Applicant shall submit an updated Lien Settlement
7 Application, and a re- inspection fee in the amount of $150.00 so the City may
8 confirm whether the condition of the property has changed. Upon re-
9 inspection, the City shall provide an updated Lien Settlement Letter, valid for
10 an additional thirty (30) days. City staff may in its sole discretion waive this
11 requirement if the Property is scheduled to close within five (5) days of the
12 expiration of the previously issued Lien Settlement Letter. An extension
13 granted pursuant to this Section shall only be granted by the City one (1) time.
14 If additional extensions are required, the Applicant shall be required to submit
15 a new application in accordance with Paragraphs 1 and 2 above.
16
17 13. If the name of the buyer /applicant changes after the issuance of the City's Lien
18 Settlement Letter and Stipulated Agreement, the Applicant shall be required to
19 submit a new application in accordance with Paragraphs 1 and 2 above.
20
21 43-14. Until such time that the City receives payment in full as outlined in the Lien
22 Settlement Letter, the City's lien shall remain valid and enforceable in full
23 against the property.
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25 Section 3. All Resolutions or parts of Resolutions in conflict with this Resolution
26 are repealed to the extent of such conflict.
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28 Section 4. If any clause, section, or other part or application of this Resolution
29, shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
30 unconstitutional or invalid part or application shall be considered as eliminated and so not
31 affecting the validity of the remaining portions or applications remaining in full force and
32 effect.
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34 Section 5. This Resolution shall be effective upon its passage and adoption by
35 the City Commission of the City of Boynton Beach.
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37
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1 PASSED AND ADOPTED this 17 day of March 2015.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
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6 YES NO
7
8 Mayor — Jerry Taylor r/
9
10 Vice Mayor — Joe Casello ✓
11
12 Commissioner — David T. Merker ✓
13
14 Commissioner — Mack McCray
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16 Commissioner — Michael M. Fitzpatrick ✓
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18
19 VOTE
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21
22 ATTEST:
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24
25
26 l J et M. Prainito, MMC
27 am ity Clerk
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29
30 (Corporate Seal)
31
32', r;Y
33
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