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HomeMy WebLinkAboutOrdinance No. 01-2016 ORDINANCE NO.01-2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING ARTICLE VI "CODE ENFORCEMENT", OF CHAPTER 2 "ADMINISTRATION", OF THE CITY CODE OF ORDINANCES, BY AMENDING SECTION 2-260 "APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS" TO REVISE THE APPLICATION PROCEDURES RELATING TO THE SATISFACTION, RELEASE, OR REDUCTION OF CODE ENFORCEMENT LIENS AND AMENDING TITLE OF SECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may create administrative boards with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and ordinance in force in such municipality; and WHEREAS, the City Council has enacted Article VI, Chapter 2, of the Code of Ordinances and has created a Code Enforcement Board with the powers and procedures as provided by law; and WHEREAS, in accordance with Section 162.09(3), Florida Statutes, the City Council desires to amend Section 2-260 of the City Code which sets forth the application procedures regarding the satisfaction, release or reduction of code enforcement liens which have been recorded in the public records of Brevard County, Florida; and WHEREAS, the City Council of the City of Cape Canaveral, hereby fords this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: City of Cape Canaveral Ordinance No.01 -2016 Page 1of1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment of Section 2-260 of City Code. That Section 2-260 "Application for satisfaction or release of code enforcement liens" contained in Article VI "Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby amended to read as follows (proposed additions to existing City Code text are indicated by underline and proposed deletions from existing City Code text are shown by strilectiwough): Section 2-260—Application for satisfactionor release, or reduction, of code enforcement liens. (a) Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator, or the violator's successors and assigns who has an ownership interest in the property, (collectively, the "Applicant") may apply for a satisfaction,er release, or reduction of such lien as follows: (1) Lien satisfaction. Upon full payment by the Applicant of the fine or penalty imposed in accordance with this division,the city manager is hereby authorized to execute and record in the public records of Brevard County, Florida, a satisfaction of lien on behalf of the City. The Applicant shall be responsible for paving all costs of recording. Lien satisfaction requests do not require a full application required by subsection (b) of this section because the Applicant is paying the full amount of the fine or penalty due the City. (2) Lien release or reduction. Upon request for a release or reduction of a fine or penalty imposed in accordance with this division, the Applicant shall submit a written application to the city manager or designee, in accordance with this section. (b) Application. The application for satisfaetieft of release or reduction of lien shall be in written form, typed or handwritten, by the violater; Applicant and shall be submitted to the city manager building—effieiet or the designee : the The application shall be executed under oath and sworn to in the presence of a notary public, and shall include, but may not be limited tot the following: City of Cape Canaveral Ordinance No.01 -2016 Page 2 of 2 (1) A copy of the order imposing a lien upon the property including the The code enforcement case number; (2) The date upon which the Applicant violator brought the subject property into compliance with the City Code; (3) The basis upon which the Applicant violater believes the application for sati f etion or release or reduction of lien should be granted; (4) The terms upon which the release or reduction of lien should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the Applicant violater;and (7) A statement verifying whether the Applicant was issued any title policy or policies for the subject property encumbered by the lien after the date the lien was recorded in the public records of Brevard County, Florida. If such a policy or policies were issued to the Applicant, a copy of any such title policy shall be submitted with the application; • • . .•_ • • -- (8) - _. : . . .. - - - - - _ . n . Any other information which the Applicant deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (c) Reimbursement to city for recording costs at time of application. The Applicant violater shall submit,at the time of application,an application fee established by the city to defray some or all of the city's costs of processing the application including, but not limited to, personnel, legal, and :. -- - - . - - ' • - - . - . - - . - - : . - •- for its costs associated with recording the order imposing a penalty or fine and the requested Gatisfaction or release or reduction of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction,_or release of lien. (d) Application Review. Upon receipt of the application : : • . - . - . •- • and payment provided above, • - - .' .•.: ! : - . - . ..• - - . . the code enforcement division department shall confirm that the violation, which resulted in the order imposing penalty or fine, has been corrected satisfied. If the violation has been corrected satisfied and there are Is no current code violations,)upon the property in question, the code enforcement division buildintefficial - . -- ..' -• _ . : shall place the application and a staff recommendation upon the agenda of the next meeting of the code enforcement board for the City of Cape Canaveral for a hearing. (e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction reduction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaetion reduction or City of Cape Canaveral Ordinance No.01 -2016 Page 3 of 3 release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion or writing -- . - - _ .. •:• -• . . . approval approve, approval approve with conditions, or pial-f deny the application for satisfaction reduction or release of lien. • .- - . -- - .-• :, •- - - - -- -: • --- . .. . . : , Whenever a recommendation or decision is made under this section. shall consider the following factors shall be applied by the City in determining the amount of any reduction or release: (1) The gravity of the violation; (3) The accrued amount of the code enforcement fine or lien; (1) Any previous or subsequent code violations; (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation. (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the Applicant was responsible for the violation which caused the lien- (6) Whether the Applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the City on a non-transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the Applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; City of Cape Canaveral Ordinance No.01 -2016 Page 4 of 4 (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non-homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the Applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. (f) To the maximum extent feasible,the code enforcement board shall collect, at a minimum, all administrative and out-of-pocket costs incurred by the City as specified in subsection (e)(1). If the code enforcement board approves the application to reduce or release the lien and the approval is conditioned upon the Applicant paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded in the public records of Brevard County, Florida by the city manager until the condition(s) imposed by the code enforcement board have been satisfied. (g) Compliance and Right of Appeal. The Applicant shall have thirty (30) days in which to comply with the conditions imposed by the code enforcement board or submit a written appeal as provided herein. Failure of the Applicant to comply or timely appeal will result in the automatic denial of the application. (1) If the application is denied, or if the application is automatically denied due to the failure of the Applicant to comply with the conditions imposed by the code enforcement board or timely appeal, the Applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be City of Cape Canaveral Ordinance No.01 -2016 Page 5 of 5 satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (2) The Applicant may appeal the code enforcement board's decision to the city council, by filing a written appeal within ten (10) days of the date of the decision with the city clerk. The notice of appeal shall state the decision that is being appealed, the grounds for appeal, and a brief summary of the relief being sought. A nonrefundable filing fee of$100 shall accompany the notice of appeal. Upon submittal of a timely appeal, the city manager shall place the appeal of the determination upon the agenda of the next regularly scheduled city council meeting to the extent practicable. The city council shall render a final decision on the application based upon the sworn application, the code enforcement board determination and any other relevant information or testimony provided to the city council at the meeting by the Applicant, city manager or any other interested party. Any decision made by the city council pursuant to this section shall be deemed final and not subject to any further administrative review by the city. The Applicant shall have thirty (30) days in which to comply with any decision of or condition imposed by the city council or the application shall be deemed automatically denied and thereafter, the Applicant shall be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of the city council's decision. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (3) When a lien is satisfied as a result of reduced payment or release as ordered by the city council, the city manager is hereby authorized to execute and record in the public records of Brevard County, Florida, a satisfaction of lien on behalf of the city. (h) Partial Release of Liens; Liens Recorded in Error. Under appropriate circumstances determined by the code enforcement board or city council to be in the best interests of the city, the code enforcement board or city council may approve an application conditioned upon a partial release of lien that releases a city lien from a specific piece of property. However, the lien will remain in effect and will encumber any other properties which are subject to the lien pursuant to law. Partial releases of lien may also be authorized by the code enforcement board or city council to account for any funds paid to the city to reduce the amount owned on the lien. In addition, nothing herein shall prohibit the city manager from releasing a lien, in whole or part, that was recorded in error by the city. An application shall not be required to release a lien recorded in error. City of Cape Canaveral Ordinance No.01 -2016 Page 6 of 6 address the council in regard to the application for satisfaction or release lien. (g) " • • -- - • • : :• •: , • : - " • :: • • . • : release of lien. If the city council approves the application to satisfy or release the lien the condition(s) placed by the council have been satisfied. city council. Failure of the violator to comply will result in the automatic denial of the of the violator to comply with the conditions imposed by the city council, the violator a period of one year from the date of denial. During the one year period, the lien may accordance with this division. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No.01 -2016 Page 7 of 7 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this /7tay of ,, , 2016. . „..-- /, / i ` ,.._,I - ' L Bob Hoog,Mayor i ATTEST?: For Against `�j' 441;00.. 1 John Bond X Mia oforth, Mike Brown x City Clerk . Robert Hoog X Brendan McMillin Motion Betty Walsh Second Approve. : - o legal form and sufficiency •for th- f e Canaveral only by: "li Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.01-2016 Page 8 of 8