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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-090Temp Reso No 12070 August 5, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE EXTENSION OF THE LIEN AMNESTY PROGRAM FOR BUILDING DEPARTMENT LIENS ONLY UNTIL DECEMBER 31, 2011; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has outstanding real property liens that are the result of Building Code Enforcement actions; and WHEREAS, the City of Tamarac is encouraging property owners to bring their properties into compliance and pay outstanding liens that have been imposed through the Building Code Compliance hearing process; and WHEREAS, the City of Tamarac looks to effectively deal with chronically non- compliant properties; and WHEREAS, the City Commission approved the Lien Amnesty Program's first trial period by Resolution No. R-2010-144; (hereto attached as Exhibit "C", incorporated herein and made a specific part thereof) which the Building Department requests an extension of the program through December 31, 2011 for Building Department liens only; and Temp Reso No 12070 August 5, 2011 Page 2 WHEREAS, the Director of Building, recommends that the City Commission approve the Lien Amnesty Program extension, including the eligibility requirements and a "Use Based Reduction Scale" (hereto attached as Exhibit "B", incorporated herein and made a specific part thereof) which will determine the amount of the reduced fee based on the current lien amount; and WHEREAS, the City Commission deems it to be in the best interests of the City to extend the Lien Amnesty Program for Building Department liens only until December 31, 2011; establish eligibility requirements; and to include a "Use Based Reduction Scale". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2. The City Commission hereby extends the Lien Amnesty Program for Building Department liens only; establishing eligibility requirements; and to include a "Use Based Reduction Scale" until December 31, 2011. SECTION 3. Upon full payment of the reduced amount as determined by Exhibit "B", the City Manager is authorized to execute and record a satisfaction of lien. 7 E Temp Reso No 12070 August 5, 2011 Page 3 SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. � PASSED, APPROVED AND ADOPTED THIS �- l DAY OF , 2011. PAMELA BUSHNELL MAYOR ATTEST: PETER M. J. RIQHAR�Ti CRM, CMC CITY CLERK`//`\\\�� OF TAM���, ESTABLISHED Q -O: 1963 :4 z'•• SEAL :0� 4• iiiii► I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SA EL S. G( CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENS z/ DIST 2: V/M GOMEZ DIST 3: COMM. GLASSHk DIST 4: COMM. DRESSLER—' Temp Reso No. 12070 Exhibit "B" LIEN AMNESTY PROGRAM USE BASED REDUCTION SCALE Use Based Scale Single Family Residential Property and single unit Condominium: • $500 or 10% of face value of the lien, whichever is greater. Multifamily Residential Property: • $1,000 or 15% of face value of the lien, whichever is greater. Commercial Property: • $1,500 or 20% of face value of the lien, whichever is greater. lirr^TT111�7T.�IRf71'1^�r1.Z6C�7, r Temp Reso No. 12070 CITY OF TAMARAC, FLORIDA Exhibit "C" RESOLUTION NO. R-2010- l zf z! A RESOLUTION . OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING A LIEN AMNESTY PROGRAM DURING A SIX MONTH PERIOD FROM DECEMBER 1, 2010 THROUGH JUNE 1 2011 PROVIDING FORCONFLICTS; F,._,LICTS; , PROVIDING FQ9 SEVERABILITY• AND PROVIDING FOR AN EFfECTIVE DATE. WHEREAS, the City of Tamarac has outstanding real property liens that are the result of Code Enforcement actions; and WHEREAS, the City of Tamarac is encouraging property owners to bring their properties into compliance and pay outstanding liens that have been imposed through the Code Compliance hearing process; and WHEREAS, the City of Tamarac looks to effectively deal with chronically non- compliant properties; and WHEREAS, staff has determined that the need for a mechanism to effectively deal with chronic non -compliant properties with associated liens should be implemented in the form of the Lien Amnesty Program for a period six months, with the possibility of extending the program to twelve months after the trial period and to establish eligibility requirements for the Lien Amnesty Program (hereto attached as Exhibit "A", Incorporated herein and made a specific part thereof); and 1 WHEREAS, the Director of Community Development and the Director of Building, recommend that the City Commission approve -the Lien Amnesty Program, including the eligibility requirements and a "Use Based Reduction Scale" (hereto attached as Exhibit "B", incorporated herein and made a specific part thereon which will determine the amount of the reduced fee based on the current lien amount; and WHEREAS, the City Commission deems it to be in the best interests of the City to establish a Lien Amnesty Program for a period six months, with the possibility of extending the program to twelve months after the trial period; establish eligibility requirements; and to Include a "Use Based Reduction Scale", effective December 1, 2010 through April 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2. The City Commission hereby establishes a Lien Amnesty Program for a period six months, with the possibility of extending the program to twelve months after the trial period; establishing eligibility requirements; and to include a "Use Based Reduction Scale", effective December 1, 2010 through April 1, 2011. SECTION 3. Upon full payment of the reduced amount as determined by Exhibit "B", the City Manager is authorized to execute and record a satisfaction of lien. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective Immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED THIS �-//-"DAY OF � r�'' ', 2010. Q' BETH TALABI CO, MAYOR ATTEST: �PETERMJ, C SON, C , CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO l- DIST 1: COMM. BUSHNLWLL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSE , r —w-- DIST 4: VM. DRESSLER''` I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. . SA L S. GOREN ,;a CITY ATTORNEY