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Home My WebLink AboutLien Proc_Amend4-5-12CITY OF CAPE CANAVERAL LIENS Procedures for Placement and Release Date Approved 05-16-2011 Date Amended: 04-05-2012 Page 1 of 4 The City of Cape Canaveral Code Enforcement Board is empowered to examine and, if need be, to levy fines against property owners in violation of the City Code. When this happens the Code Enforcement Board will issue a “Board Order” to place a lien against the Respondent’s (owner’s) property by recording the Order at the Brevard County Clerk of Court (Clerk of Court), this becomes Public Record. It is also incumbent upon the Code Enforcement Board to release those liens where the Respondent has paid all fines levied against their property and again record the Release of Lien with the Clerk of Court. Step by step instructions on how to accomplish these tasks follow: Payment for placing and releasing liens should be processed via a Blanket Purchase Order (BPO), formerly known as (POA). If you need additional information about creating a BPO, please refer to the Purchasing Manual. I. Placement of Liens (a) Issuance of Board Orders by the Code Enforcement Board – 1) The Code Enforcement Board finds the Respondent in violation. 2) Staff creates the “Order Imposing Penalty on First Violation” (also known as a “Board Order”) (see Sample Document 1); this document includes pertinent information regarding the City (Complainant) v. Property Owner (Respondent/s), Findings of Fact and Conclusions of Law and the details of the actual Order regarding time period given to the Respondent to correct the violations and fines. 3) The Board Chairperson, Board Secretary and the Code Enforcement Officer each sign the Order. 4) The Original Board Order is then forwarded to the City Clerk’s Office for further processing. (b) Recording Board Orders in the Public Record – 1) Prior to recording , the Building/Code Enforcement Department Senior Secretary shall forward the Original Board Order to the City Clerk’s Office. 2) The City Clerk or Deputy City Clerk will make a copy of the Original Board Order. The City Clerk or Deputy City Clerk will stamp or print on the last page of the Photocopy of the Board Order the following statement: CITY OF CAPE CANAVERAL LIENS Procedures for Placement and Release Date Approved 05-16-2011 Date Amended: 04-05-2012 Page 2 of 4 CERTIFICATION STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL I, _______________, do hereby certify this copy of Order Imposing Penalty for Case #_____________, dated ______, is a true and correct photocopy of the City’s record copy (Original). By hand and the official seal of the City of Cape Canaveral on this ________ day of ______________, 201__. ____________________________________ City Clerk or Deputy City Clerk 3) The City Clerk or Deputy City Clerk will place the City Seal near the Certification noted in Item 2. 4) The City Clerk or Deputy City Clerk will return the Certified Photocopy and the Original Board Order to the Senior Secretary for Recording. 5) The Senior Secretary will draft a Memo of Request (see Sample Document 2) addressed to the Brevard County Clerk of Court to record the Certified Photocopy of the Original Board Order (not the Original Board Order) into the Public Record. 6) The Memo and Certified Photocopy of the Original Board Order are mailed with a Self-Addressed Stamped Envelope to the Brevard County Clerk of Court at: Clerk of the Court, Recording Department, P.O. Box 2767, Titusville, FL 32781- 2767. 7) The Recorded Certified Photocopy of the Original Board Order should arrive back to the Building/Code Enforcement Department within a week to ten days. CITY OF CAPE CANAVERAL LIENS Procedures for Placement and Release Date Approved 05-16-2011 Date Amended: 04-05-2012 Page 3 of 4 8) The Recorded Certified Photocopy of the Original Board Order will then be scanned into Laserfiche under “Liens/Recorded” by the Senior Secretary. 9) The Original Board Order and Recorded Certified Photocopy of the Original Board Order will be stored by the Code Enforcement Officer. II. Release of Liens (a) Receiving payment for fine levied on property – 1) In order to release a lien, the Building/Code Enforcement Department must receive full payment in the form of a Certified or Cashier’s Check from the Respondent of a Code Enforcement case in which a fine has been levied and recorded with the Clerk of the Court. 2) The Senior Secretary shall: a. Print the first page of the Board Order from the lien file; b. Run the page through the “Point of Sale Printer” to validate - this is used as receipt for payment; c. Forward a copy of the receipt to the Code Enforcement Officer; d. Forward a copy of the receipt to the Finance Department along with the other Cash Receipts for that day. (b) Preparing Satisfaction and Release of Code Enforcement Lien – 1) After the Certified or Cashier’s Check clears for payment (check with the Finance Department), the Senior Secretary shall prepare the Satisfaction and Release of Lien (see Sample Document 3) for Recording into the Public Record. 2) Ensure the Satisfaction and Release of Lien reflects the actions and approval of the Code Enforcement Board and the City Council such as any reduction in the amount of fine levied. 3) The City Manager shall sign on behalf of the City as Lienor, the City Clerk shall attest and a Notary Public shall acknowledge the signatures of both parties. (c) Recording Satisfaction and Release of Lien in the Public Record – CITY OF CAPE CANAVERAL LIENS Procedures for Placement and Release Date Approved 05-16-2011 Date Amended: 04-05-2012 Page 4 of 4 1) The issuance of a Satisfaction and Release of Lien prompts the Community Development Department Senior Secretary to draft a Memo of Request (see Sample Document 2) addressed to the Brevard County Clerk of Court to Record the signed, Original Satisfaction and Release of Lien into the Public Record. 2) The Memo and Original Signed Release is mailed with a Self Addressed Stamped Envelope to the Brevard County Clerk of Court at: Clerk of the Court, Recording Department, P.O. Box 2767, Titusville, FL 32781-2767. 3) The Recorded Original Signed Release should arrive back to the Building/Code Enforcement Department within a week to ten days. As a courtesy, a copy of such should be forwarded to the property owner/other party. (d) Scanning Closed Code Enforcement Case Documents and File – 1) The Recorded Original Satisfaction and Release of Lien will then be scanned into Laserfiche under Liens/Recorded by the Senior Secretary/Permit Tech. 2) The Recorded Original Satisfaction and Release of Lien will be stored by the Code Enforcement Officer and the entire Closed Case shall be scanned by the Senior Secretary into “Address Files” located under Building\Address\”Street Name”\Address #\Code Enforcement in Laserfiche.