17-1445 Adopting a Code Compliance Fine/Lien Forgiveness ProgramRESOLUTION NO. 17-1445
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, ADOPTING A CODE
COMPLIANCE FINE/LIEN FORGIVENESS PROGRAM;
ESTABLISHING PROCEDURES AND CRITERIA FOR
PROPERTY OWNERS, BOTH COMMERICAL AND
RESIDENTIAL, HAVING OUTSTANDING CODE
COMPLIANCE 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 compliance process consistent with
Chapter 162, Florida Statutes, that results in code compliance 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 compliance 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 compliance 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
compliance fine/lien forgiveness program:
A. Forgiveness Period. The City of Longwood adopts a code compliance 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 compliance liens will be notified annually by certified mail of the forgiveness
period.
B. Forgiveness Period Exemption. Where the property is under different ownership from
the property owner that caused the violation, the new property owner may apply for
lien reduction without regard to the Forgiveness Period in Section A, provided that
the request is -compliant with all other elements of the program including that the
property has been brought into compliance with the outstanding violation(s).
C. Application. Where a code compliance order imposing fines has been recorded
in the public records constituting a lien against the property and other property of the
Resolution No. 17-1445
Page 1 of 3
violator, such property owner may request to participate in the fine/lien forgiveness
program as follows:
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
compliance fines/lien using the Code Compliance 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 compliance case file and the compliance
status of the property. The application fee is not a partial payment of any code
compliance fines or previous costs incurred by the City in the code compliance
process.
iv. Once an application and the required application fee for fine/lien forgiveness is
received, the code compliance officer 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 compliance officer will calculate the total outstanding code compliance
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 compliance fines outstanding) within fifteen (15) days
from the code compliance officer confirming that the application meets the
requirements for forgiveness and providing the amount to be paid to satisfy the
lien/fines.
V. If 15% fine/lien amount is timely paid, either the Mayor or City Manager shall
have the authority to execute a satisfaction of the code compliance 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.
D. Application Requirements. In considering an application for a code compliance
fine/lien forgiveness, the property owner must comply with the following:
i. Liens must have a minimum face value of $1,000.00;
ii. Only liens from code compliance 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 compliance liens on a property must apply for
a reduction of each lien on the property simultaneously under the program.
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V. A property owner may only use the code compliance lien forgiveness program
one time on a particular property. Subsequent owners of the same property may
use the program.
Section H. The City's consideration of and determination on whether to forgive or
reduce a code compliance 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 compliance 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 W. Conflicts. Any resolutions or policies in conflict herewith are hereby
repealed to the extent of the conflict. Resolution 17-1427 is hereby repealed.
Section V. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED THIS 6th DAY OF November A.D., 2017.
City of Longwood, Florida
Joe , Mayor
ATTEST:
%hc6IVVon'g'o dW, City Clerk
Approved as to from and legality for the use and reliance of the
W. Lan v
Resolution No. 17-1445
Page 3 of 3
Florida, only.
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L ONGWOOD
FLORIDA
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CITY OF LONGWOOD
Fostering citizen trust and cultivating a prosperous comrnrtnity
F,Yhihit A
Code Compliance Lien Reduction Request Form
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).
INSTRUCTIONS:
• Please complete the entire form. Failure to provide complete information will delay
consideration of your request.
• A request for reduction of a Code Compliance fine/lien will not be considered until the
property is deemed to be in full compliance by the Code Compliance Officer.
• In accordance with City of .Longwood Resolution No. 17-1445, 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.
• Be specific when writing your request statement.
• Please deliver this completed form to the City of Longwood Code Compliance Division
at codeenforcement@longwoodfl.org or 174 W. Church Ave. Longwood, FL 32750.
• The reduction request will then be sent for Code Compliance 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 Compliance 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, it could result in the reinstatement of the full amount of the Code
Compliance .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.
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L ONGWOOD
FLORIDA
... ....
CITY OF LONGWOOD
Fostering citizen trust and cultivating a prosperous community
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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L ONGWOOD
FLORIDA
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Signature:
Printed Name:
STATE OF FLORIDA, COUNTY OF
CITY OF LONGWOOD
Fostering citizen P-itst and cultivaling a pi-oshel'ous community
Date:
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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LONGWOOD
FLORIDA
W W.
CITY OF LONGWOOD
***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 Compliance:
❑ Yes ❑ No
Costs Expended on this Case by Code Compliance 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:
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