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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; 21 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; 25 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; 29 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 1 II 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 12 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 15 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. 41 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 2 11 1 paid in full. The amount of the application fee may be revised by the City 2 Commission by resolution. 3 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: 28 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. 46 3 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. 12 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. 16 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. 34 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. 4 1 II 1 affecting the validity of the remaining portions or applications remaining in full force and 2 effect. 3 4 Section 5. This Resolution shall be effective upon its passage and adoption by 5 the City Commission of the City of Boynton Beach. 6 7 8 PASSED AND ADOPTED this 1st day of April, 2014. 9 10 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 / 15 a yor - "Jerry Ts for 16 f , 17 ..) 18 't19-14. / 19 Vie Mayor —Joe Casello 20 .�,r.. 21 ��� ` 22 23 ' ommissioner — M. cCray 24 25 26 J 27 Commissioner — Da id T. Merker 28 29 30 31 Commissioner — Michael M. Fitzp *c 32 33 34 ATTEST: 35 � 36 � ((/ � P/C-Cdr .{ /K. ► 37 - 38 M. Prainito, MMC 39 Clerk 40 41 ' 42 (• x,.,5 k. 43 44 45 5