HomeMy WebLinkAboutItem #07 Proposed Amendment to Chapter 1 of Code of Ordinances by Adding Article III, Entitled "Admin. Svc. Charges" and Section 1-14 Entitled "Lien Serch Fees"
AGENDA ITEM COVER SHEET
Meeting Date: April 20, 2010
Item # _ ~
Reviewed By: ~
Contact Name: Beth Eikenberry Department Director:
Contact Number: City Manager: .- (J::
Subject: Second Reading of Ordinance Amending Chapter 1 of the Code of Ordinances By
Adding Article III, entitled "Administrative Service Charges" and Section 1-14 Entitled "Lien
Search Fees".
Background Summary:
The City of Ocoee receives numerous requests for lien searches which consume a significant amount of staff
time in four departments with no current form of reimbursement to the City. In recent months these lien search
inquiries have skyrocketed due to foreclosures, short sales, and investors "flipping" properties. During the first
three months of 2010, the City Clerk's office has coordinated and responded to 175 requests for lien searches,
which would average approximately 700 per year at that continued pace.
In addition to collecting a fee for the lien search, other cities have reported that including any delinquent utility
fees as part of the lien report procedure often assisted in collecting such outstanding fees at closing even if no
lien existed.
Fees from other municipalities ranged from $10 - $125. Staff recommends that the standard Lien Search Fee
be set at $25, with a $75 fee for expedited searches requiring a response in less than two business days.
Issue:
Should the Mayor and Commission adopt an Ordinance revising the City of Ocoee Code of Ordinances, by
adding Article III, Chapter 1-14 entitled "Lien Search Fees" allowing a fee to be charged for Lien Searches?
Recommendations
Staff recommends the Mayor and City Commission adopt the attached Ordinance revising the City of Ocoee
Code of Ordinances, by adding Article III, Chapter 1-14 entitled "Lien Search Fees."
Attachments:
Ordinance
Lien Search Fee Comparison Sheet
Financial Impact: Approximate revenue projection of $17,500.
Type of Item: (please mark with an "x'?
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
2
Lien Search Fee Comparison
Ci Fee Ex edited
Ocoee ro osed $25 $75
Winter Garden $30
A 0 ka $20
Lon wood $15
Oviedo $35
Palm Ba $20 $25/$30/$40
Hallandale Beach $50 $125
Ci of Fla ler Beach $10
Melbourne $20 $40
Boca Raton $50
Plantation $35
Lake Worth $35
Tamarac $50
Oania Beach $50
ORDINANCE NO. 2010-XXX
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ADOPTING A NEW ARTICLE III OF CHAPTER 1 OF THE
CITY OF OCOEE CODE OF ORDINANCES ENTITLED
"ADMINISTRATIVE SERVICE FEES"; AND PROVIDING
FOR NEW SECTION 1-14 "LIEN SEARCH FEES";
AUTHORIZING A FEE FOR OUTSTANDING LIEN
SEARCHES AND AUTHORIZING ASSESSMENT OF FEES
BY THE CITY CLERK; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. a New Article III of Chapter 1 of the Code of Ordinances of the City of
Ocoee is hereby adopted as follows:
ARTICLE III
ADMINISTRATIVE SERVICE FEES
S 1-14 Lien Search Fees
(a) A fee of $25.00 shall be charged per research request for each parcel of real
property requiring a search of the City's official records and production of a
City lien report identifying any outstanding liens, special assessments, utility
balances, fees and fines that are reasonably ascertainable. The form of the
report shall be in a manner prescribed by the City Clerk and kept on file in the
City Clerk's Office.
(b) A fee of $75.00 shall be charged per expedited research request for each parcel
of real property requiring a lien report response within 2 business days.
ORLA_392344.1
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this
day of
,2010.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of , 2010.
ADVERTISED ,2010
READ FIRST TIME , 2010
READ SECOND TIME AND ADOPTED
,2010
FOLEY & LARDNER LLP
UNDER AGENDA ITEM NO.
By:
City Attorney
-2-
Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel
SUNDAY. .APRIL 11, 2010 03
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