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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-008Temp. Ord. #2321 April 22, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ADMINISTRATION" BY AMENDING AND RENAMING ARTICLE III, DIVISION 2, SECTION 2-76 ENTITLED "ABATEMENT PROCEDURES" TO BE ENTITLED "LIEN REDUCTION AND ABATEMENT PROCEDURES" TO CLARIFY THE LIEN ABATEMENT PROCESS AND PROVIDE FOR AN ADMINISTRATIVE LIEN REDUCTION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Administration has reviewed the City's Code of Ordinances relating to Code Enforcement; and WHEREAS, the City has had a process in place to administratively reduce and settle code enforcement liens; and WHEREAS, the City Commission finds it in the best interest of the City to amend the City's Code of Ordinances as to code enforcement processes to confirm consistency with Chapter 162, Florida Statutes, and to enact the administrative lien settlement process as part of the City's Code of ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. SECTION 2. Chapter 2, Article III, Division 2, Section 2-75 entitled "Abatement Procedures" of the City of Tamarac Code of Ordinances is hereby renamed "Lien {00063648,6 2704-0501640 }CODING: Words in type are deletions from existing law; Words in underlined type are additions. SSG--SRW 3.10_ 15. 3.19.15: 3.20.15-- 3.31.15 Temp. Ord. #2321 April 22, 2015 Page 2 Reduction and Abatement Procedures" is hereby amended as follows: Sec. 2-76. Lien Reduction and Abatement Procedures. (a) A respondent who has incurred financial penalties pursuant to this article as a result of violations of the City's Code of ordinances may request an abatement of the fines imposed except as limited herein. All ;:ih::dor"Pnt ran, pnctc shall he heard hit thak cnizaiAl. man.�h�+orY,�r�+ ho�rinrr. Abatement requests may either be heard by the special magistrate at an abatement hearing; or may be resolved through the City's administrative lien settlement process, as further set forth herein. (a) Abatement of Liens by the Special Magistrate (�}-Abatement hearings shall be scheduled periodically based on the volume of the requests, at the discretion of the city's director of community, development ed , or his or her designee, but shall be held no less frequent than quarterly. {0 The following criteria must be satisfied prior to an abatement hearing before the special magistrate: (a) The property in question must be in total compliance and an affidavit of compliance must be issued for the case for which the abatement is being requested. No other violations may exist on the property at the time of the abatement request; (b) The subject property must be free of all other outstanding debts due to the city, including taxes; (c) The respondent must pay an application fee. The amount of the application fee shall be established by the city commission by resolution and may be amended from time to time. (d) The special magistrate at an abatement hearing shall make one (1) of the following determinations: The lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The special magistrate shall hear all the facts regarding the specific code or codes the respondent was in violation of, including but not limited to the date of the original hearing, the date the affidavit of noncompliance was issued, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to making its determination and order. (4) The respondent, or his or her designee must be present at the abatement hearing for the special magistrate to consider the abatement request. If the respondent fails to attend the abatement hearing, he or she shall be required to submit a new application and application fee prior to the City placing the case on the docket for the next abatement hearing. (5) The determination of the special magistrate shall be final. (6) Unless a different time is ordered by the special magistrate, the respondent shall pay the total amount ordered by the special magistrate within thirty (30) days of the date of the abatement hearing. (7) Upon timely receipt of the total amount ordered by the special magistrate, the City will provide the respondent with a Release of Lien. (8) In the event the City does not receive full payment ordered by the special magistrate �0006364$.6 2704-0501640 )CODING: Words in � type are deletions from existing law; Words in underlined type are additions . SSG-. SRW 3.19.1 S R 3.20.15. 3.31.15 Temp. Ord. #2321 April 22, 2015 Page 3 within the required time period the fine will revert back to the original amount (b) Administrative Lien Settlement —Full Release of Lien (1) A party seeking reduction of fines accrued through a code enforcement lien must submit a written application to the Building Department. (2) The applicant must pay an application fee. Application fees remitted pursuant to this section shall be non-refundable. The amount of the application fee shall be established �y the City Commission by resolution and may be amended from time to time. The application will not be considered by the City until the application fee is paid in full (3) Incomplete applications shall be returned to the applicant and if not returned with all required information completed within thirty Q0) days the application shall be considered withdrawn. If the applicant later seeks lien settlement it shall be required. to submit a new Lien Settlement Application and fee in accordance with Paragraphs (1) and (2) above. (4) The applicant shall provide any documentation which the applicant wishes to have considered as part of the reguest. (5) Upon the City's receipt of a complete application and payment of the application fee the Community Development Director and the Chief Building Official or their department designee, shall review the City 's records to ascertain whether there are outstanding violations existing at the property and make a specific recommendation with regard to the amount to which the accrued fines set forth in the lien(s) should be reduced if at all. (6) When determining the recommended lien settlement amount the Community Development Director and the Chief Building Official or their department designee shah consider the following: (a) Statutory criteria: i. The gravity of the violation; ii. Efforts, if any, taken by the violator/property owner to come into compliance; and, iii. Any previous code violations by violator b) May consider other factors they deem relevant, including, without limitation the length the violation remained in place any difficulties or unique circumstances affecting the ability to come into compliance the level of investment necessary to bring the property into compliance accrued amount of the lien current property value compared to the accrued lien time and incurred costs by City to bring the property into compliance, current ownership of the property, ie. Owner -occupied Real Estate Owned (REO) or investment property and any other relevant factors. 7 The Cit 's costs of enforcement includ,ing, without limitation anV charges resultin from Ci 's abatement of health and safetv violations on the propeand administrative costs shall not be mitigated or reduced. (8) The Community Develo ment Director and the Chief Building Official or their department designee, shall also review the status of the violations on the aror)erty. and if the property is not in compliance, shall determine a reasonable amount of time for the owner/buyer to bring the property into compliance. This time shall be agreed upon by the f0006364a,6 2704-0501640 )CODING: Words in type are deletions from existing law; Words in underlined type are additions. SECT_ SRW 3.1 C1.15, 3.19.15-- 3.20.15, 3.31.15 Temp. Ord. #2321 April 22, 2015 Page 4 City and owner/buyer, and as a condition of settlement the City and owner/buyer shall enter into a Stipulated Agreement providing for a time certain to comply, and the recordation of a new lien against the property if the owner/buyer fails to bring the property into compliance. (9) The City, shall assess a fee for the preparation and recording of the Stipulated Agreement and the necessary inspections to confirm compliance therewith. The amount of the fee shall be established by the City Commission by resolution and may be amended from time to time (10) City Staff shall then prepare and issue a Lien Settlement Letter to the applicant. The Lien Settlement Letter shall indicate the status of the violations on the property, the total fine accrual the lien settlement amount the administrative fees and costs incurred by the City, a provision stating that the City's agreement to settle the liens is conditioned upon the owner/buyer entering into a Stipulated Agreement with the City to bring the property into compliance and the fee for the Stipulated Agreement. The Lien Settlement Letter shall be executed by the Chief Building Official or his/her designee, and shall be valid for a period of thirty (30) days Should the applicant accept the City's Lien Settlement proposal the applicant shall submit payment and a fully executed Stipulated Agreement to the City within thirty (30) days and upon receipt and proof of payment of any other outstanding debts owed to the City, the City will deliver a Release of Lien to the applicant. (11) If more than thirty (30) but less than sixty (60) days elapse from the date of the issuance of the City's Lien Settlement Letter, the applicant shall submit an updated Lien Settlement Application in accordance with Paragraph (1) above so the City may confirm whether the condition of the property has changed. Upon review, the City shall provide an updated Lien Settlement Letter, valid for an additional thirty (30) day period. City staff may in its sole discretion waive this requirement if the Property is scheduled to close within five (5) days of the expiration of the previously issued Lien Settlement Letter. An extension granted pursuant to this Section shall only be granted by the City one (1) time. If additional extensions are required or if more than sixty (60) days have elapsed since the date of the issuance of the City's Lien Settlement Letter, the applicant shall be required to submit a new application in accordance with Paragraphs (1) and (2) above. (12) Until such time that the City receives payment in full as outlined in the Lien Settlement Letter, the City's lien shall remain valid and enforceable in full against the property. (13) Due to the delay between the issuance of a Lien Settlement Letter and the City's receipt of payment there are times where circumstances have changed resulting in the overpayment of release of lien or partial release of lien fees paid to the City. In the event the City receives excess release of lien or partial release of lien fees, the City Manager or designee shall be authorized to issue a refund of the overpayment. Refunds issued pursuant to this section shall be exempt from the Fee Refund provisions set forth in Chapter 6 Article 2 Section 6-36 of the City Code of Ordinances. (c) Administrative Lien Settlement —Partial Release of Lien (1) In certain circumstances the City may elect to issue a partial release of lien rather than a full release of a code enforcement lien. For purposes of this section, the term partial release of lien shall mean a release which releases a particular piece of property CODING: Words ins ��o Lh1 h type are deletions from existing law; fao063648.6 2704-0501640 } yp g Words in underlined type are additions. SSG:SRW 3.1 0_ 15. 3.1.1= 3.20_ 15. 3.31.1 5 Temp. Ord. #2321 April 22, 2015 Page 5 from the Ci 's recorded code enforcement lien while retaining the Cit 's ri ht to enforce the lien a ainst other properties owned by the violator in accordance with Chapter 162 Florida Statutes. The following circumstances may ive rise to the issuance of a partial release of lien rather than a full release of lien: (a) If the Citv's lien was foreclosed; (b) If the City's lien attaches to other properties owned by the violator, and is still secured by the original piece of property (C) If the Citv's lien is recorded against a condominium association or homeowner's association, and attaches to all properties owned within the association, the individual property owner may obtain a partial release of lien instead of a full lien settlement; (d) Any other circumstance that the Community Development Director and the Chief Building Official in consultation with the City Attorneys Office determine warrants a partial release of lien rather than a full lien settlement. (2) A party seeking a partial release of a code enforcement lien must submit a written application to the Building Department. (3) The applicant must pay an application fee. Application fees remitted pursuant to this section shall be non-refundable. The amount of the application fee shall be established by the City Commission by resolution and may be amended from time to time. The application will not be considered by the City until the application fee is paid in full. (4) Incomplete applications shall be returned to the applicant, and if not returned with all required information completed within thirty (30) days the application shall be considered withdrawn. If the applicant later seeks lien settlement, it shall be required to submit a new Lien Settlement Application and fee in accordance with Paragraphs (2) and (3) above. (5) The applicant shall provide any documentation, which the applicant wishes to have considered as part of the request. (6) Upon the City's receipt of a complete application and payment of the application fee, the Community Development Director and the Chief Building Official, or their department designee, shall review the Citv's records to ascertain whether there are outstanding violations existing at the property, and if the property is not in compliance, shall determine a reasonable amount of time for the owner/buyer to bring the property into compliance. This time shall be agreed upon by the City and owner/buyer, and as a condition of settlement, the City and owner/buyer shall enter into a Stipulated Agreement providing for a time certain to comply, and the recordation of a new lien against the property if the owner/buyer fails to bring the property into compliance. (7) The City shall assess a fee for the preparation and recording of the Stipulated Agreement, and the necessary inspections to confirm compliance therewith. The amount of the fee shall be established by the City Commission by resolution and may be amended from time to time (8) The City's costs of enforcement, including, without limitation, any charges resulting from City's abatement of health and safety violations on the property and administrative costs are due and payable in full in addition to the partial release of lien fee, and shall not be mitigated or reduced. (9) City Staff shall then prepare and issue a Lien Settlement Letter to the applicant. The Lien Settlement Letter shall indicate the status of the violations on the property, the (00063648.6 2704-0501640 )CODING: Words in type are deletions from existing lave; Words in underlined type are additions. SSG.-SRW 3.10.15: 3.19.15: 3.20.15: 3.31.15 Temp. Ord. #2321 April 22, 2015 Page 6 administrative fees and costs incurred by the City, a provision stating that the City's agreement to provide partial releases of lien is conditioned upon the owner/buyer entering into a Stipulated Agreement with the City to bring the property into compliance, and the fee for the Stipulated Agreement. The Lien Settlement Letter shall be executed by the Chief Building Official or his/her designee, and shall be valid for a period of thirty (30) days. Should the applicant accept the City's Lien Settlement proposal, the applicant shall submit payment and a fully executed Stipulated Agreement to the City within thirty (30) days and upon receipt and proof of payment of any other outstanding debts owed to the City, the City will deliver a Partial Release of Lien to the applicant. (10) If more than thirty (30) but less than sixty (60) days elapse from the date of the issuance of the City's Lien Settlement Letter, the applicant shall submit an updated Lien Settlement Application in accordance with Paragraph (2) above so the City may confirm whether the condition of the property has changed. Upon review, the City shall provide an updated Lien Settlement Letter, valid for an additional thirty (30) day period. City staff may in its sole discretion waive this requirement if the Property is scheduled to close within five �5) days of the expiration of the previously issued Lien Settlement Letter. An extension granted pursuant to this Section shall only be granted by the City one (1) time. If additional extensions are required, or if more than sixty (60) days have elapsed since the date of the issuance of the City's Lien Settlement Letter, the applicant shall be required to submit a new application in accordance with Paragraphs (2) and (3) above. (11) Until such time that the City receives payment in full as outlined in the Lien Settlement Letter, the City's lien shall remain valid and enforceable in full against the property. (12) Due to the delay between the issuance of a Lien Settlement Letter and the City's receipt of payment, there are times where circumstances have changed resulting in the overpayment of release of lien or partial release of lien fees paid to the City. In the event the City receives excess release of lien or partial release of lien fees the City Manager or designee shall be authorized to issue a refund of the overpayment. Refunds issued pursuant to this section shall be exempt from the Fee Refund provisions set forth in Chapter 6, Article 2, Section 6-36 of the City Code of Ordinances. (d) Limitation of Lien Settlement /Special Magistrate Abatement Authority Pursuant to Ch . 162 Fla. Stat, code enforcement liens run in favor of the Cit Commission. The City Commission has determined that the following liens mav not be settled or abated unless certain conditions are met: (1) Costs incurred by the City to abate a nuisance, or health, safety and welfare violation at a property shall not be reduced or abated. (2) Invoices for costs incurred by the City to maintain a violator's property, and/or board up a violator's property shall not be reduced or abated. (3) Liens for which there are sufficient surplus funds, resulting from a tax deed sale, or foreclosure sale, to satisfy the City's lien in full or in part. In these circumstances the City shall first collect the full amount of the surplus it is due, and apply the surplus to satisfy its lien. If the surplus amount is insufficient to satisfy the City's lien, then the remaining balance may be abated in accordance with paragraphs (a) and (b) herein. (00063648.6 2704-0501640 )CODfNG: Words in type are deletions from existing lain; Words in u n d e rl i n ed type are additions. SSG.-SRW 3.10_ 15, -3.19.15; 3.20-15: Temp. Ord. #2321 April 22, 2015 Page 7 4) Liens that are insured by an owner's title insurance policy. If a lien is insured by an owner's title insurance policy, the property owner shall first assert a claim against its insurance company. The City shall only consider reduction or abatement of the lien if an outstanding balance remains after the owner's title claim has concluded. (5) A lien that the Special Ma istrate has authorized the City to initiate foreclosure proceedings to enforce or a lien that is the subject of pendinq Jitigation between the Cit and property owner/violator shall not be reduced or abated. SECTION 3. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. �00063648.6 2704-050164a )CODING words in �.�ke- fhm, ,n h type are deletions from existing law; Words in underlined type are additions. SSG--SRW 3.1 0.15- 3.19.15. 3.20_ 15- 3.31.15 Temp. Ord. #2321 April 22, 2015 Page 8 'e .r PASSED, FIRST READING this M- day of , 2015. -7 DING ' day off 2015. PASSED, SECOND READING this y , BY: ATT MAYOR -HARRY DRESSLER k RECORD OF COMMISSION VOTE. 1 ST Reading PATRICIA TEUFE , CMC MAYOR. DRESSLER== CITY CLERK DIST 1: V/M BUSHNELL=' DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM PLACKO . I HEREBY CERTIFY that 1 have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER �..� DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ �- -- DIST 3: COMM. GLASSER,�� f COMMM N DIST AC O s E L S . GORE D S 4 . C0 AMU CITY ATTORNEY LJ (00063648,6 2704-050,1640 , CODII� G: Words in str1 �o +h f , type are deletions from existing law; Words in underlined type are additions. SSG- SRW 3.10-15 _- 3.19.15 _- 3.20-15. 3.31.15