21-1576 Code Compliance Fine/Lien Forgiveness ProgramRESOLUTION NO.21-1576
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, REPEALING AND REPLACING
RESOLUTION NO. 18-1486 AND ADOPTING A CODE COMPLIANCE
FINE/LIEN FORGIVENESS PROGRAM; ESTABLISHING
PROCEDURES AND CRITERIA FOR PROPERTY OWNERS,BOTH
COMMERCIAL 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:
1. The property at issue must be in full compliance with the City of Longwood Code
of Ordinances.
2. Liens must have a minimum face value of $5,000.00 and must have been in place
for at least one year prior to the application date for this program.
3. Only liens from code compliance violations are eligible for this program.
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4. The property owner must not have active code violations on any other property
in the City of Longwood
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
review eligibility for the fine/lien forgiveness program based on the criteria set
forth in this resolution. If deemed eligible, 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.
10. 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.
11. 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.
12. Eligibility Criteria. To be eligible for the lien reduction program, staff will consider
the following criteria:
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a. The severity of the code violation and whether it involved the existence of a
condition dangerous to the health, safety, and welfare of the citizens of the
City of Longwood.
b. Whether the code violation was a repeat violation by the applicant on either
the same property or on other properties owned by the applicant in the City.
c. Where the applicant is the property owner responsible for the violation, staff
will consider whether the applicant has demonstrated evidence of exigent
circumstances at the time of the violation that prevented timely compliance
with the order of the special magistrate. Exigent circumstances are pressing
or demanding conditions that would prevent a reasonable person from being
able to timely remedy the code violation in compliance with the order of the
special magistrate.
d. Where the applicant is different from the property owner responsible for the
violation, staff will consider whether the new property owner took
immediate action to address the code violation, or whether the applicant is
willing to commit to a timeline for resolving the violation in an agreement
satisfactory to the City.
e. The duration of the code violation.
f. Whether the applicant holds unsatisfied liens on other property owned by
the applicant. Where the reduction is related to a pending real estate
transaction, whether the resulting proposed development is in the best
interest of the City of Longwood.
g. Where the lien is reduced related to a proposed real estate transaction, the
applicant must specify the proposed redevelopment and/or intended use of
the property. Where the City finds that the proposed redevelopment and/or
intended use of the property is credible, supported by the Longwood
Development Code, and otherwise in the best interest of the City, as a
condition of reducing the fines/liens the City Manager may require the
applicant to enter into an agreement with the City specifying the conditions
and milestones that need to be achieved for the fines/liens being reduced. If
the property is not developed or used consistent with such agreement, the
fines and lien can be reinstated or not reduced.
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 -lien's arfd-execute
a satisfaction of the code compliance fine/lien and cause such satisfaction to;b�e-record_ ed in`the
public records in the following situations:
A. The City Manager determines, after receiving advice from th_e-City Attorney and Wifh
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, or upon a finding by the City Attorney that the lien is unenforceable.. -
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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 18-1486 is hereby repealed.
Section VI. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED THIS 16 DAY OF August A.D., 2021.
ATTEST:
ichell on o, CMC, FCR , City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Daniel W. La gle , Ci Att ney
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