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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 24 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: 30 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. 33 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 (00062005.1306- 9001821} 1 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. 21 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. 28 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; (00062005.1 306-9001821 } 2 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. 29 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. 33 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 {00062005.1 306 - 9001821) 3 i 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. 24 25 Section 3. All Resolutions or parts of Resolutions in conflict with this Resolution 26 are repealed to the extent of such conflict. 27 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. 33 34 Section 5. This Resolution shall be effective upon its passage and adoption by 35 the City Commission of the City of Boynton Beach. 36 37 38 {00062005.1 306-9001821 } 4 1 PASSED AND ADOPTED this 17 day of March 2015. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 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 15 16 Commissioner — Michael M. Fitzpatrick ✓ 17 18 19 VOTE 20 21 22 ATTEST: 23 24 25 26 l J et M. Prainito, MMC 27 am ity Clerk 28 29 30 (Corporate Seal) 31 32', r;Y 33 I ya U �y �t 'ToN P ' (00062005.1306- 9001821) 5