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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-144Temporary Resolution No 11948 November 1, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- / 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 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 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 Temporary Resolution No 11948 November 1, 2010 Page 2 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 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 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. �l C Temporary Resolution No 11948 November 1, 2010 Page 3 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 l� l"1,� , 2010. " & I BETH TALABI CO, MAYOR ATTEST: &&4 ETER M. J. IC SON, CR , CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO'" DIST l : COMM. BUSHN LL DIST 2: COMM. GOMLL '," : = DIST 3: COMM. GLASSEi�',-"�- DIST 4: VM. DRESSLER---- " I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAM)JEL S. GOREN CITY ATTORNEY Temporary Resolution No. 11948 Exhibit A Lien Amnesty Program Conditions for Participation/Eligibility Requirements 1. Liens will be reduced in accordance with the approved Use Based Reduction Scale. 2. Any property admitted into the program must be in compliance (verified by staff) with all cited code violations. 3. Only the owner of the property or their legal representative can apply for the program (as verified by a recorded Certificate of Title or Designation of Agent Affidavit). 4. The program is only available for those liens recorded prior to October 1, 2010. 5. The program would only last for a period of six months from its date of adoption (with the possibility of extending the program to twelve months after the review by staff of the trial period). 6. The fee for an application to be included in the program is one hundred dollars ($100.00). 7. Liens that are the result of Nuisance Abatement and/or Contracted Services are not eligible for the program. 8. All reduced lien amounts shall be paid within thirty (30) days of approval. Temporary Resolution No. 11948 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.