HomeMy WebLinkAboutItem #08 Second Reading of Ordinance Amending Section 1-14 of Chapter 1 of the City of Ocoee Code of Ordinances Entitled, "Lien Search Fees4\` W
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AGENDA ITEM COVER SHEET
Meeting Date: June 3, 2014
Item # X
Reviewed By:
Contact Name: Beth Eikenberry Department Direc
Contact Number: City Manager:
Subject: Ordinance Amending Section 1 -14 of Chapter 1 of the City of Ocoee Code of
Ordinances entitled, "Lien Search Fees."
Background Summary:
In 2010, the Commission adopted a new Article III of Chapter 1 of the City of Ocoee Code of Ordinances,
specifically adopting Section 1 -14 "Lien Search Fees." From time to time the City has received requests to
prepare a lien search report for a single entity or parcel that contains multiple units or addresses. Since the
current fee structure does not address this, we have been charging for the additional time based on actual costs
incurred (employee salary, plus amount of time spent). Staff feels it would be more equitable and consistent to
amend the fee structure to include a flat fee for additional lien searches when multiple units /addresses exist
under one parcel. Additionally, this will allow the research to be done quicker since the cost will be
predetermined and the requestor won't be delayed waiting for an estimate. The attached ordinance proposes,
Subsection 1 -14 (c) to charge a $10 flat fee for each additional unit /address when multiple exist.
Issue:
Should the Mayor and Commission adopt the Ordinance revising Section 1 -14 of the City of Ocoee Code of
Ordinances entitled "Lien Search Fees."
Recommendations
Staff recommends the Mayor and City Commission adopt the Ordinance revising Section 1 -14 of the City of
Ocoee Code of Ordinances entitled "Lien Search Fees" by adding Subsection 1 -14 (c) to charge a $10 flat fee for
each additional unit/address when multiple exist.
Attachments:
Ordinance
Financial Impact: None
Type of Item: (please mark with an "x')
Public Hearing
For Clerk's Dept Use:
X Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
ORDINANCE NO.2014 -XXX
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ORDINANCE 2010 -004, BY AMENDING
SECTION 1 -14 OF THE CITY OF OCOEE CODE OF
ORDINANCES ENTITLED "LIEN SEARCH FEES ";
ADDING A FEE STRUCTURE FOR LIEN REPORTS WITH
MULTIPLE UNITS ON ONE PARCEL 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. Article III of Chapter 1 of the Code of Ordinances of the City of Ocoee is
hereby amended as follows:
ARTICLE III
ADMINISTRATIVE SERVICE FEES
§ 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.
(c) In addition to charges set forth in paragraph (a ) and (b), a fee of $10.00 shall be
charged for each additional unit or address when a lien report request includes
multiple units on the same residential or commercial parcel of real property.
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 1 2014
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of , 2014
SHUFFIELD LOWMAN & WILSON P.A.
C
City Attorney
S. Scott Vandergrift, Mayor
ADVERTISED , 2014
READ FIRST TIME , 2014
READ SECOND TIME AND ADOPTED
.2014
UNDER AGENDA ITEM NO.
-2-
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Date PubUshed and Medlol Name
Adve fflsement ®r Anfld�
PUBLIC HEARING v
A Public Herring before the Ocoec,
Jun Gam"I""on will be held Tuesday,
June 3, 2014, ut 7:15 p. m. or qs soon
thereafter as may be heard, in the
Commission Chambers of City Hall
at 150 North Lakeshore Drive, Ocoee,
Florida, to consider the following:
AN ORDINANCE OF THE CITY OF
0 0 =E, FLORIDA AMENDING
ORDINANCE 2010 -004,
AMENDING SECTION 1 -14 OF
THE ORDINANCES ENTITLED
SEARCH A I D , E11 REPORTS
WITH MULTIPLE UNITS ON ONE
ASSESSMENT AND FEES H BY I THE
CITY CLERK. CODIFICAT ON; P P OV DI G FOR
EFFECTIVE DATE.
If a person decides to appeal any
decision made by the above City
Commission with respect to any matter
considered at such hearing, they will
need a record of the proceedings, and
for such purpose they may need to
ensure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal Is to be based.
All interested parties are invited to
attend and be heard with respect
to the above. In ,accordance with
the Americans with Disabilities
Act, persons needing a special
Occ Orrlmo do t l on or an interpreter 10
Par ticipate in this proceeding should
contact the City Clerk's office qt 407-
905 -3105 at least two days prior to the
d9te Of Fl O'Oring
Beth Eikenberry
City Clerk
052107610 V1J�101d