R14-032 I
1 RESOLUTION NO. R14 -032
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, IMPLEMENTING A PILOT PROGRAM ENTITLED
5 "CONDITIONAL LIEN REDUCTION PROGRAM "; PROVIDING
6 AUTHORIZATION FOR CITY STAFF TO ADMINISTRATIVELY
7 SETTLE LIENS AND ENTER INTO AGREEMENTS WITH
8 HOMEOWNERS AND BUYERS TO BRING A PROPERTY INTO
9 COMPLIANCE; AUTHORIZING THE CITY'S CODE
10 ENFORCEMENT SPECIAL MAGISTRATE TO APPROVE
11 STIPULATED AGREEMENTS NEGOTIATED THROUGH THE
12 CONDITIONAL LIEN REDUCTION PROCESS; PROVIDING
13 FOR LIEN REDUCTION CONSISTENT WITH THE
14 , REQUIREMENTS HEREIN; PROVIDING FOR CONFLICTS;
15 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission is authorized to enact laws relating to local
19 code enforcement procedures pursuant to Section 166.021(1), Florida Statutes, and
20 Chapter 162, Florida Statutes;
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22 WHEREAS, once an order imposing fine is recorded, it constitutes a lien against
23 the land on which the violation exists and upon any other real or personal property owned
24 by the violator;
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26 WHEREAS, Section 162.09(3), Florida Statutes, provides that code enforcement
27 order liens run in favor of the City Commission and that the City may agree to satisfy or
28 release code enforcement liens;
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30 WHEREAS, the City Commission has delegated the authority to mitigate liens to
31 the City's Code Enforcement Board and Code Enforcement Special Magistrate; and
32
33 WHEREAS, the City Code requires a property to be in compliance prior to enabling
34 a party to avail itself of lien reduction before the City's Code Enforcement Board or Code
35 Enforcement Special Magistrate; and
36
37 WHEREAS, the City Commission finds that the city's code enforcement procedures
38 are intended to provide an equitable, expeditious, effective, and inexpensive method of
39 enforcing and gaining compliance with the code, and that foreclosure of liens should be a
40 last resort to gain compliance; and
41
42 WHEREAS, the City Commission recognizes that having a lien filed against real and
43 personal property may not be the most expeditious or effective method of gaining
44 compliance and, in some cases, may create a hardship for citizens; and
45
46 WHEREAS, the City Commission is desirous of creating an opportunity for a
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1 property owner who owns a property that is not in compliance to have the opportunity to
2 work with the City Manager and City Administration to settle the lien conditioned upon the
3 property owner or buyer entering into a Stipulated Agreement with the City to bring the
4 property into compliance; and
5
6 WHEREAS, the City Commission hereby delegates lien settlement authority to the
7 City Manager, subject to the terms and conditions set forth herein; and
8
9 WHEREAS, the City's interest in facilitating the sales or refinancing of properties
10 in that are not in compliance reflects the public interest of maintaining the general
11 appearance and beneficial use of property; and
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13 WHEREAS, it is recommended that a pilot program be instituted for one year
14 period so the effectiveness and demand for the program may be evaluated; and
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16 WHEREAS, the City Commission finds that it will promote, protect, and improve
17 the health, safety, and welfare of the citizens by establishing a conditional lien reduction
18 program.
19
20 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
22
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
24 true and correct and are hereby made a part of this Resolution.
25
26 Section 2. The City hereby establishes a pilot program for a one -year period for the
27 institution of a conditional lien reduction process for properties within the City that are not
28 in compliance; and therefore are unable to request lien reduction by the Code Enforcement
29 Board or Special Magistrate, under the terms and conditions set forth herein:
30
31 Conditional Lien Reduction Procedures
32
33 1. A party seeking reduction of daily fines or penalty fees accrued through a
34 code enforcement lien, when a property is not in compliance, must submit a
35 written application to the Code Compliance Division. In the application, the
36 ( applicant shall explain the basis for the request, and complete all information
37 requested in the application. Incomplete applications shall be returned to the
38 applicant prior to acceptance by the City, and if not returned with all required
39 information completed within thirty (30) days the application shall be
40 considered withdrawn.
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42 2. The non - refundable application fee shall be a fee of two hundred dollars
43 ($200.00), with a fee of fifty dollars ($50.00) for each additional lien recorded
44 against the property, payable at the time the application is submitted. The
45 application will not be considered by the City until the application fee is
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1 paid in full. The amount of the application fee may be revised by the City
2 Commission by resolution.
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4 3. Upon receipt of an application, the City shall confirm that subject property is
5 free of all outstanding debts (including taxes) due to the city.
6
7 4. The applicant shall provide any documentation, including, without limitation,
8 photographs, receipts, permits, and similar items, which the applicant wishes
9 to have considered as part of the request.
10 ;
11 5. Upon the City's receipt of a complete application and payment of the
12 application fee, a City code enforcement officer shall inspect the applicant's
13 property to ascertain outstanding violations existing at the property. The code
14 enforcement officer shall provide the applicant with a written explanation of
15 the remaining items that must be completed in order to bring the property into
16 compliance.
17
18 6. Upon the completion of the property inspection, the City Manager shall
19 convene a "Conditional Lien Reduction Committee" comprised of the
20 Economic Development Manager, Code Compliance Coordinator and Building
21 Official /City Engineer, or their department designee, who shall consider the
22 factors required by this section and make a specific recommendation with
23 regard to the amount to which the accrued fines set forth in the lien(s) should
24 be reduced, if at all, and an appropriate time for compliance.
25
26 7. When determining the recommended lien settlement amount, the Conditional
27 Lien Reduction Committee shall consider the following:
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29 A. Statutory criteria:
30
31 i. The gravity of the violation;
32 ii. Efforts, if any, taken by the violator /property owner to come
33 into compliance; and,
34 iii. Any previous code violations by violator
35
36 B. May consider other factors the Conditional Lien Reduction Committee
37 ! deems relevant, including, without limitation, the length the violation
38 remained in place, any difficulties or unique circumstances affecting
39 the ability to come into compliance, the level of investment necessary
40 to bring the property into compliance, accrued amount of the lien,
41 current property value compared to the accrued lien, time and
42 incurred costs by City to bring the property into compliance,
43 current ownership of the property, ie. Owner - occupied, REO or
44 investment property and any other factors the Conditional Lien
45 Reduction Committee deems relevant.
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1 8. The City's costs of enforcement, including, without limitation, any charges
2 resulting from City's abatement of health and safety violations on the
3 property and administrative costs shall not be mitigated or reduced.
4
5 9. The Conditional Lien Reduction Committee shall also review the status of the
6 violations on the property, and determine a reasonable amount of time for the
7 owner /buyer to bring the property into compliance. This time shall be agreed
8 upon by the City and owner /buyer, and as a condition of settlement, the City
9 and owner /buyer shall enter into a Stipulated Agreement providing for a time
10 ` certain to comply, and the recordation of new liens against the property due to
11 failure to comply.
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13 1 10. The City shall assess a fee of $692.06 for the preparation and recording of the
14 I Stipulated Agreement, and the necessary inspection to confirm compliance
15 therewith.
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17 11. City Staff shall then prepare and issue a Lien Settlement Letter to the
18 applicant. The Lien Settlement Letter shall indicate the status of the violations
19 on the property, the total fine accrual, the lien settlement amount, the
20 administrative fees and costs incurred by the City, a provision stating that the
21 City's agreement to settle the liens is conditioned upon the owner /buyer
22 entering into a Stipulated Agreement with the City to bring the property into
23 i ; compliance, and the fee for the Stipulated Agreement. The Lien Settlement
24 Letter shall be executed by the City Manager or his /her designee, and shall be
25 valid for a period of thirty (30) days. Should the applicant accept the City's
26 Lien Settlement proposal. the applicant shall submit payment and a fully
27 executed Stipulated Agreement to the City within thirty (30) days and upon
28 receipt the City will deliver a Release of Lien to the applicant.
29
30 12. If more than thirty (30) days elapse from the date of the issuance of the City's
31 Lien Settlement Letter, the Applicant shall submit an updated Lien Settlement
32 Application, so the City may confirm whether the condition of the property has
33 changed.
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35 13. Until such time that the City receives payment in full as outlined in the Lien
36 Settlement Letter, the City's lien shall remain valid and enforceable in full
37 against the property.
38
39 Section 3. All Resolutions or parts of Resolutions in conflict with this Resolution
40 are repealed to the extent of such conflict.
41
42 ! Section 4. If any clause, section. or other part or application of this Resolution
43 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
44 unconstitutional or invalid part or application shall be considered as eliminated and so not
45 affecting the validity of the remaining portions or applications remaining in full force and
46 effect.
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1 affecting the validity of the remaining portions or applications remaining in full force and
2 effect.
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4 Section 5. This Resolution shall be effective upon its passage and adoption by
5 the City Commission of the City of Boynton Beach.
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7
8 PASSED AND ADOPTED this 1st day of April, 2014.
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10
11 CITY OF BOYNTON BEACH, FLORIDA
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15 a yor - "Jerry Ts for
16 f ,
17 ..)
18 't19-14. /
19 Vie Mayor —Joe Casello
20 .�,r..
21 ���
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23 ' ommissioner — M. cCray
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26 J
27 Commissioner — Da id T. Merker
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31 Commissioner — Michael M. Fitzp *c
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34 ATTEST:
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36 � ((/ � P/C-Cdr .{ /K. ►
37
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38 M. Prainito, MMC
39 Clerk
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42 (• x,.,5 k.
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