17-1423 Adopting Procedures and Criteria for Code Enforcement Fine/Lien ReductionRESOLUTION NO. 17-1423
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, ADOPTING
PROCEDURES AND CRITERIA FOR CODE
ENFORCEMENT FINE/LIEN REDUCTION REQUEST TO
THE CITY COMMISSION; ESTABLISHING AN
APPLICATION FEE OF $500.00 FOR THE CODE
ENFORCEMENT FINE/LIEN REDUCTION REQUEST;
PROVIDING FOR CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City of Longwood has a code enforcement process consistent with
Chapter 162, Florida Statutes, that results in code enforcement fines accruing against properties
in violation of the City Code of Ordinances and the recording of liens in the public records; 'and
WHEREAS, the City Commission is regularly asked by property owners to reduce or
eliminate code enforcement fines and liens; and
WHEREAS, the City Commission of the City of Longwood has determined that it
necessary and desirable to adopt procedures for the City Commission's consideration of code
enforcement fine/lien reduction requests.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Longwood, Florida, as follows:
Section I. The following procedures are hereby adopted for the consideration of code
enforcement fine/lien reduction requests:
A. Application. Where a code enforcement order imposing fines has been recorded
in the public records constituting a lien against the property and other property of the violator,
such property owner may request a reduction of the code enforcement fines/lien as follows:
i. The property at issue must be in compliance with the City of Longwood Code of
Ordinances.
ii. The property owner must fill out and submit an application to reduce the code
enforcement fines/lien using the Code Enforcement Request for
Reduction/Elimination of Fine/Lien form attached hereto as Exhibit "A" or such
substantially similar form as the City Manager shall have the ability from time to
time create. The application shall be executed under oath and sworn to in the
presence of a notary.
iii. A non-refundable application fee of $500.00 must be paid to the City. The
application fee is meant to offset the City's cost in evaluating the application,
Resolution No. 17-1423
Page.1 of 3
including the need to review the code enforcement case file and the compliance
status of the property. The application fee is not a partial payment of any code
enforcement fines or previous costs incurred by the City in the code enforcement
process.
iv. Once an application and application fee for fine/lien reduction is received, the
code enforcement department shall evaluate the application for completeness and
confirm that the property is in compliance with the code. If the application is
complete, the application will be scheduled for the next available regularly
scheduled City Commission meeting as the agenda workload allows.
V. The code enforcement department should notify the applicant of the date of the
scheduled City Commission meeting and the applicant is required to attend the
Commission meeting to present the reduction request and answer questions of the
City Commission.
B. Consideration of Application. In considering an application for a code
enforcement fine/lien reduction request, the City Commission will consider the following
factors:
i. The nature of the code violation at issue;
I The severity of the code violation at issue;
iii. Duration of the code violation at issue;
iv. Whether the code enforcement violation at issue was a repeat violation;
V. Efforts by the property owner to improve and beautify the property beyond the
minimum requirements of the City Code of Ordinances;
vi. The expenditure of funds and resources by the City in the code enforcement
action;
vii. Whether the applicant acquired ownership of the property subsequent to the
recording of the code enforcement lien or correction of the violation;
viii. Whether the applicant has or had other properties in violation of the City Code of
Ordinances;
ix. The accrued amount of the code enforcement fines compared to the fair market
value of the property;
X. Financial hardship of the applicant;
xi. Any other mitigating circumstances which may warrant a reduction of fine.
The City Commission may condition the approval of any code enforcement fine/lien
request, including without limitation, requiring payment by a date certain and
reinstatement of the full amount of the fine/lien if not timely paid. If a reduced fine
amount is timely paid as approved by the City Commission, either the Mayor or City
Manager shall have the authority to execute a satisfaction of the code enforcement
fine/lien and cause it to be recorded in the public records. The City Commission's
decision on code enforcement fine/lien reduction request is final and there is no right of
appeal.
Resolution No. 17-1423
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Section H. Nothing herein is intended to create a right to a code enforcement fine/lien
reduction or a right to a reduction upon meeting certain criteria. The City Commission's
consideration of and determination on whether to reduce a code enforcement fine/lien is an
administrative decision on whether to accept less for a debt owed to the City, not a quasi-judicial
one. The property owner/code violator has already received due process through the Special
Magistrate code enforcement proceeding and had appellate rights through that process. The
procedures herein are not intended to create additional substantive or procedural due process
rights. Further, nothing herein is intended to prevent the City Commission from considering
settlement proposals to resolve code enforcement cases and fine/lien collection actions.
Section III. Severabilitv. If any portion of this Resolution is finally determined by a court
of competent jurisdiction to be invalid, unconstitutional, unenforceable, or void, the balance of
the Resolution shall continue in full force and effect.
Section IV. Conflicts. Any resolutions or policies in conflict herewith are hereby
repealed to the extent of the conflict.
Section V. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED THIS 6t' DAY OF March A.D., 2017.
,;,., MXF,�,
ATTEST:
i he o , C , ity Clerk
Approved as to from and legality for the use and reliance of the Ci of Longwood, Florida, only.
Daniel W.
Resolution No. 17-1423
Page 3 of 3
Exhibit "A"
Code Enforcement Request for Reduction/Elimination of Fine/Lien
BY COMPLETING THIS FORM, YOU ARE MAKING STATEMENTS UNDER OATH. FAILURE TO BE
TRUTHFUL IS A VIOLATION OF FLORIDA STATUTES PERTAINING TO PERJURY, WHICH IS A
FELONY PUNISHABLE BY UP TO 15 YEARS IMPRISONMENT (F.S. 837.02). THE PROPERTY MUST
BE IN COMPLIANCE FOR CONSIDERATION.
INSTRUCTIONS: Please complete the entire form. Failure to provide complete information will
delay consideration of your request. A request for reduction of a Code Enforcement fine/lien
cannot be considered until the property is in full compliance. Prior to completing this form, you
should verify that there is an affidavit of compliance completed by the code enforcement
officer handling the case. This form is to be used in situations where the Special Magistrate has
imposed a code enforcement fine and a lien in favor of the City has been recorded in the public
records of Seminole County, Florida. Be specific when writing your statement. Please deliver
this completed form to the City of Longwood Code Enforcement Division at
codeenforcement@longwoodfl.org or 235 West Church Avenue Longwood, FL 32750. You must
be present at the City Commission meeting when your request is scheduled for consideration.
Upon receipt of this completed form, a Code Enforcement Representative will email you back
with the date set for the City Commission meeting.
If there is already a lien recorded on the property, the reduction request will only go before the
City Commission after the required $500 (non-refundable) application fee is received along with
the necessary information contained in this packet to present to the City Commission as an
agenda item. The Request/Elimination of Fine/Lien will then be sent for review to verify that all
criteria for consideration are met. Once it has been verified that your case meets all of the
criteria for consideration, it will be scheduled for presentation to the City Commission at their
next available regularly scheduled meeting, or as soon thereafter as possible (this process may
take 6 -8 weeks). You will receive a letter advising you of the date and time of the meeting and
you should plan to attend. You will be notified in writing of the City Commission's decision
within 10 days after the meeting. If you have any questions, please contact the City Clerk at
(407) 260-3441.
If the City Commission approves a fine/lien reduction and you fail to pay the reduced amount
when required, such could result in the reinstatement of the full amount of the code
enforcement fine/lien. Please be advised that the State of Florida has a broad public records
law (Ch. 119, Fla. Stat.) and this form and all of its attachments submitted to the City are
public records and subject to public disclosure unless an express statutory exemption applies.
If anyone requiring accommodations in order to participate under the Americans with
Disabilities Act should, please contact the A.D.A. Coordinator at (407) 260-3481 five days prior
to the meeting.
Applicant's Name:
Applicant's Phone Number:
Applicant's Mailing Address:
Authorized Representative's Name (who will be present at the Hearing):
Current Property Owner's Name:
Current Property Owner's Mailing Address:
Current Property Owner's Phone Number:
Name of Property Owner when lien was assessed:
Name of Person who lived at the property when the lien was placed:
Reason(s) violation(s) were not corrected before lien(s) were placed:
Is money held in escrow pending the lien reduction/release Hearing:
❑ Yes ❑ No
Reduced Fine Amount Proposed to be Paid:
Does this lien reduction relate to the sale of the property? (if yes, a Closing Disclosure
Statement or HUD Settlement Statement must be attached) ❑ Yes ❑ No
Please ensure this form and any attachments completely set forth your position stating why
you contend the fine/lien should be reduced, to what amount and when payment is proposed
to be made. You must be present to answer any questions the City Commission may have.
I, , do hereby submit this request for
Reduction/Elimination of the fines and/or liens, and in support offer the following statement:
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Signature: Date:
Printed Name:
STATE OF FLORIDA, COUNTY OF
PERSONALLY appeared before me, the undersigned authority duly authorized to administer oaths and take
acknowledgements, , who is first being duly sworn, testified and
acknowledged before me that the information contained herein is true and correct. He/She is personally known to
me or has produced
as identification.
Stamp/Seal of Public Notary Signature of Public Notary
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***THIS SECTION TO BE COMPLETED BY A CITY OF LONGWOOD OFFICIAL***
CEH Case Number:
Property Address:
Name of Property Owner when lien was placed:
Violation(s):
Case was presented to the Special Magistrate on:
Administrative Fine Imposed:
Administrative Fine Due:
Was Administrative Fine Paid by due date:
❑ Yes ❑ No
Daily Fine Imposed:
Number of Days Fine Ran:
Date Fine Began:
Date Fine Ended:
Total Amount Due:
Number of Days the Property was in Violation:
Is the violation a heightened health or safety concern:
❑ Yes ❑ No
Has the Property Owner been cooperative with Code Enforcement:
❑ Yes ❑ No
Hours Expended on this Case by Code Enforcement:
Hours Expended on this Case by Department:
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