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Home My WebLink AboutCity of Tamarac Resolution R-2000-096Temp. Reso # 8964 - March 20, 2000 Revision # 1 —April 5, 2000 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000- 96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, SUPPORTING FLORIDA SENATE BILL CS FOR SB 140; DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE BROWARD COUNTY LEGISLATIVE DELEGATION FOR CONSIDERATION DURING THE 2000 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the health, safety and welfare of the residents and employees of the City of Tamarac is a foremost concern of the City Commission of the City of Tamarac; and WHEREAS, the Florida State legislature has before it Senate Bill CS for SB 140 (attached hereto as Exhibit A) for consideration during the 2000 Florida Legislative Session; and WHEREAS, Senate Bill CS for SB 140 would allow local code enforcement boards to file a lawsuit against a code violator to recover money judgements on code enforcement liens, plus interest; and WHEREAS, Senate Bill CS for SB 140 would allow the prevailing party in a lawsuit to recover money judgements on code enforcement liens to recover all costs associated with such a lawsuit; and WHEREAS, allowing local code enforcement boards to file a lawsuit against a code violator to recover money judgements and costs associated with such a lawsuit would enhance the City's authority to enforce provisions of its Code of Ordinances through a local code enforcement board; and Temp. Reso # 8964 - March 20, 2000 Revision # 1 — April 5, 2000 Page 2 WHEREAS, the City Manager recommends the City Commission support Senate Bill CS for SB 140; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to support Senate Bill CS for SB 140. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: That the City Commission of the City of Tamarac supports Senate Bill CS for SB 140, pending for consideration in the 2000 Florida Legislative Session. Section 3: That the City Clerk is directed to send a copy of this resolution to the Broward County Legislative Delegation for consideration during the 2000 Florida Legislative Session. Section 4: That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. 1 1 Temp. Reso # 8964 - March 20, 2000 Revision # 1 — April 5, 2000 Page 3 Section 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ZL day of April, 2000. ATTEST: MARION S ENSON INTERIM CITY CLERK I H�F.�� CETIFY that I have pro thi6 Resolution as ITCHELL S. CITY ATTO JOE SCHREIBER, MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER-.j DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF., DIST 4: VIM ROBERTS , City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Office of the Telephone: (954) 724-1200 • Facsimile (954) 724-1212 City Clerk April 17, 2000 The Honorable Ron Klein State Senator 3333 S Congress Avenue, #305A Delray Beach, FL 33445 RE: Tamarac Resolution R2000-96 Florida Senate Bill CS for SB 140 Dear Senator Klein: Enclosed is a copy of Resolution R2000-96 passed by the Tamarac City Commission on April 12, 2000. This resolution supports Florida Senate Bill CS for SB 140 allowing local code enforcement boards to file suit against a violator. Sincerely, Marion Swenson Interim City Clerk Encl. is Equal QpporTyllifiy Employer Temp. Reso. #8964 Exhibit A • is 0 Florida Senate - 2000 CS for SB 140 By the Committee on Comprehensive Planning, Local and Military Affairs; and Senator Geller 316-647-00 1 A bill to be entitled 2 An act relating to local government code 3 enforcement boards; amending ss. 162.09, 4 162.10, F.S.; authorizing suits to recover 5 money judgments and costs; amending s. 162.12, 6 F.S.; providing an alternative for posting 7 certain notices; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (3) of section 162.09, Florida 12 Statutes, is amended to read: 13 162.09 Administrative fines; costs of repair; liens.-- 14 (3) A certified copy of an order imposing a fine, or a 15 fine plus repair costs, may be recorded in the public records 16 and thereafter shall constitute a lien against the land on 17 which the violation exists and upon any other real or personal 18 property owned by the violator. Upon petition to the circuit 19 court, such order shall be enforceable in the same manner as a 20 court judgment by the sheriffs of this state, including 21 execution and levy against the personal property of the 22 violator, but such order shall not be deemed to be a court 23 judgment except for enforcement purposes. A fine imposed 24 pursuant to this part shall continue to accrue until the 25 violator comes into compliance or until judgment is rendered 26 in a suit to foreclose on a 1 filed pursuant to this 27 section, whichever occurs first. A lien arising from a fine 28 imposed pursuant to this section runs in favor of the local 29 governing body, and the local governing body may execute a 30 satisfaction or release of lien entered pursuant to this 31 section. After 3 months from the filing of any such lien that 1 CODTNG:Words stricken are deletions; words underlined are additions. Temp. Reso. #8964 Exhibit A E • Florida Senate - 2000 316-647-00 CS for SB 140 1 which remains unpaid, the enforcement board may authorize the 2 local governing body attorney to foreclose on the lien or to 3 sue to recover a money ud ment for the amount of the lien 4 plus accrued interest. No lien created pursuant to the 5 provisions of this part may be foreclosed on real property 6 which is a homestead under s. 4, Art. X of the State 7 Constitution. 8 Section 2. Section 162.10, Florida Statutes, is 9 amended to read: 10 162.10 Duration of lien. --No lien provided under the 11 Local Government Code Enforcement Boards Act shall continue 12 for a period longer than 20 years after the certified copy of 13 an order imposing a fine has been recorded, unless within that 14 time an action to foreclese on the lien is commenced pursuant 15 to s. 162.09(3)in a court of competent jurisdiction. In an 16 action to foreclose on a lien or for a money judgment, the 17 prevailing party is entitled to recover all costs, including a 18 reasonable attorney's fee, that it incurs in the action 19 . The local governing body shall be entitled to 20 collect all costs incurred in recording and satisfying a valid 21 lien. The continuation of the lien effected by the 22 commencement of the action shall not be good against creditors 23 or subsequent purchasers for valuable consideration without 24 notice, unless a notice of lis pendens is recorded. 25 Section 3. Paragraph (b) of subsection (2) of section 26 162.12, Florida Statutes, is amended to read: 27 162.12 Notices.-- 28 (2) In addition to providing notice as set forth in 29 subsection (1), at the option of the code enforcement board, 30 notice may also be served by publication or posting, as 31 follows: ON CODTNG:Words stricken are deletions; words underlined are additions. Temp. Reso. #8964 Exhibit A • r Li r� Florida Senate - 2000 316-647-00 CS for SB 140 1 (b)1. In lieu of publication as described in paragraph 2 (a), such notice may be posted at least 10 days prior to the 3 hearing, or prior to the expiration of any deadline contained 4 in the notice, in at least two locations, one of which must 5 shnrri be the property upon which the violation is alleged to 6 exist and the other of which must shall be, in the case of 7 municipalities, at the primary municipal government office, 8 and in the case of counties, at the front door of the 9 courthouse or the main county governmental center in the said 10 county. 11 2. Proof of posting must shai-i be by affidavit of the 12 person posting the notice, which affidavit must shall include 13 a copy of the notice posted and the date and places of its 14 posting. 15 Section 4. Actions for money judgments under chapter 16 162, Florida Statutes, may be pursued only on fines levied 17 after October 1, 2000, 18 Section 5. This act shall take effect upon becoming a 19 law. 20 21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR 22 SB 140 23 24 The CS includes a provision s ecifying that actions for money ]udgments under cha ter 162, S., may be pursued only on 25 fines levied after October 1, 2000. The CS allows code enforcement boards the option of posting notices at the main 26 county governmental center as well as the county courthouse. The CS also includes a number of technical changes to the 27 bill. 28 29 30 31 3 CODING:Words otticken are deletions; words underlined are additions.