HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-008Temp. Ord. #2321
April 22, 2015
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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
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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
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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
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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
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April 22, 2015
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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:
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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