17-1427 Adopting Code Enforcement Fine and Lien Forgiveness ProgramRESOLUTION NO. 17-1427
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, ADOPTING A CODE
ENFORCEMENT FINE/LIEN FORGIVENESS PROGRAM;
ESTABLISHING PROCEDURES AND CRITERIA FOR
PROPERTY OWNERS, BOTH COMMERICAL AND
RESIDENTIAL, HAVING OUTSTANDING CODE
ENFORCEMENT LIENS TO BRING PROPERTY INTO
COMPLIANCE AND RESOLVE OUTSTANDING LIENS;
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 is
desirable to give property owners an incentive to correct code violations and resolve outstanding
code enforcement fines and liens.
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 the code
enforcement fine/lien forgiveness program:
A. Forgiveness Period. The City of Longwood adopts a code enforcement fine/lien
forgiveness program which will occur annually. The period will begin April 1 and
end June 30 of each year. Property owners in the City of Longwood with existing
code enforcement fines/liens will be notified annually by certified mail of the
forgiveness period.
B. 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 to participate in the fine/lien forgiveness
program as follows:
i. The property at issue must be in compliance with the City of Longwood Code of
Ordinances.
Resolution No. 17-1427
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ii. The property owner must fill out and submit an application to reduce the code
enforcement fine/lien using the Code Enforcement Request / Annual Lien
Forgiveness Program form attached hereto as Exhibit "A" or such substantially
similar form as the City Manager shall have the ability from time to time to
create.
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,
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 the required application fee for fine/lien forgiveness is
received, the code enforcement department shall evaluate the application for
completeness, confirm that the property is in compliance with the code and is
otherwise eligible for the fine/lien forgiveness program set forth in this resolution.
The code enforcement department will calculate the total outstanding code
enforcement fines and provide the property owner with amount to be paid under
this forgiveness program. If the property is eligible under this program, the
property owner will be responsible for payment to the City of 15% of the lien's
face value (i.e. total accrued code enforcement fines outstanding) within fifteen
(15) days from the code enforcement department confirming that the application
meets the requirements for forgiveness and providing the amount to be paid to
satisfy the fine/lien.
V. If 15% lien/fine amount is timely paid, 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. If the 15% fine/lien amount is not
timely paid, then the total outstanding fines/lien shall remain in place.
C. Application Requirements. In considering an application for a code enforcement
fine/lien forgiveness, the property owner must comply with the following:
i. Fine/lien must have a minimum face value of $1,000.00;
ii. Only fine/lien from code enforcement violations are eligible for this program;
iii. The property owner must not have active code violations on any other property in
the City of Longwood;
iv. Property owners with multiple code enforcement fine/liens ou a property must
apply for a reduction of each lien on the property simultaneously under the
program.
V. A property owner may only use the code enforcement fine/lien forgiveness
program one time on a particular property. Subsequent owners of the same
property may use the program.
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Section H. The City's consideration of and determination on whether to forgive or
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.
Section III. Severability. 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 3rd DAY OF APRIL A.D., 2017.
CITY OF LONGWOOD, FLORIDA
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Dani . Langle , ' ey
Resolution No. 17-1427
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Exhibit "A"
Code Enforcement Request / Annual Lien Forgiveness Program
*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. 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. Upon receipt of this completed form, a Code
Enforcement Representative will email you back acknowledging receipt of your request.
In accordance with City of Longwood Resolution No. 17-1427, the reduction request under the
Annual Lien Forgiveness Program will only be evaluated after the required $500 (non-refundable)
application fee is received along with the necessary information contained in this form. The
reduction request will then be sent for Code Enforcement review to verify that all criteria for
consideration under the Annual Lien Forgiveness Program are met. Once it has been verified that
your request meets all criteria for consideration, you will be contacted by Code Enforcement to
facilitate payment of the reduced amount of your fine/lien, which will be 15% face value of the
lien/fine.
If full payment of the reduced amount is not received by the City within 15 days of notification,
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.
Applicant's Name:
Applicant's Phone Number:
Applicant's Mailing Address:
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:
Exhibit A — Resolution No. 17-1427
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I, - -- ---- , do hereby submit this request for
Reduction of the fines and/or liens in compliance with the City of Longwood Code Enforcement
Request/Annual Lien Forgiveness Program.
Signature:
Printed Name:
Date:
***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
Costs Expended on this Case by Code Enforcement post Special Magistrate Hearing:
Costs Expended on this Case by Department post Special Magistrate
Hearing:
Costs Expended on this Case by Department post Special Magistrate
Hearing:
Costs Expended on this Case by Department post Special Magistrate
Hearing:
Exhibit A — Resolution No. 17-1427
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