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18-1482 Repeal and Replace Res 17-1445, Adopting Code Compliance Fine/Lien Forgiveness ProgramRESOLUTION NO. 18-1482 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, REPEALING AND REPLACING RESOLUTION NO. 17-1445 AND 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; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER REGARDING CODE ENFORCEMENT FINE/LIEN WAIVER AND RELEASE; 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 Code Enforcement Fine Forgiveness Program The following procedures are hereby adopted for the consideration of the code compliance fine/lien forgiveness program A. 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 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 Resolution No. 18-1482 Page 1 of 3 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. B. 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. 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 II City Manager Delegation The City Manager is hereby delegated authority to negotiate and partially or fully waive and release code enforcement fines and liens and execute a satisfaction of the code compliance fine/lien and cause such satisfaction to be recorded in the public records in the following situations - A. The City Manager determines, after receiving advice from the City Attorney and with written justification filed with the City Clerk, that the City's ability to collect upon a code enforcement fine/lien has been substantially prejudiced or diminished due to a court judgment, mortgage foreclosure action, estate action or other similar legal action Resolution No. 18-1482 Page 2 of 3 B. In a situation where the City has awarded a grant to a property subject to a code enforcement fine/lien to assist in its redevelopment or rehabilitation and the City Manager determines that waiving or reducing the code enforcement fine/lien enables the redevelopment or rehabilitation of such property to occur The City Manager may negotiate and execute an agreement with the property owner and/or intended purchaser or developer of the property committing them to deadlines relating to the redevelopment or rehabilitation of the property as a condition of code enforcement fine/lien waiver and release. Section III 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 IV 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 V Conflicts. Any resolutions or policies in conflict herewith are hereby repealed to the extent of the conflict. Resolution 17-1445 is hereby repealed. Section VI. Effective Date. This resolution shall become effective immediately upon adoption PASSED AND ADOPTED THIS 19th DAY OF November A.D , 2018. n Paris, Mayor ATTEST: Michelle- o -C , City Clerk Approved as to from and legality for the use and reliance of the of Longwood, Florida, only 2Cit JI-1.4 Daniel W. L y, ttorney Resolution No. 18-1482 Page 3 of 3 �;: CITY OF LONGWOOD L ONGWOW 1' 1 " r ` `, a Fostering citizen trust and cultivating a prosperous community Exhibit 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 18-1486, 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&l� ongwoodfl.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 thatyouur 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. 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: 2 MIDTiC LONG CITY OF LONGWOOD r 1 o r ` <1 .a Fostering citizen trust and cultivating a prosperous community Signature: Printed Name - STATE OF FLORIDA, COUNTY OF 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 ***THIS SECTION TO BE COMPLETED BY A CITY OF LONGWOOD OFFICIAL*** CEH Case Number: Property Address: Name of Property Owner when lien was placed: 3 I hiturir I_,ONGWO CITY OF LONGWOOD 1' I u r i d A Fostering citizen trust and culthwting aprosperous conannnnity 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: