HomeMy WebLinkAboutItem #17 First Reading of Ordinance Proposed Amendment to Chapter 1-14, Lien Search Fees, in the Code of Ordinance of the City of Ocoee ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 5, 2016
Item # 1-7
Reviewed By: , j /
Contact Name: Al Butler, Support Services Department Director: `,, / -
Contact Number: 407-554-7063 City Manager: r/-
Subject: Proposed amendment to Chapter 1-14, Lien Search Fees, in the ode of Ordinance
of the City of Ocoee— FIRST READING.
Background Summary:
The Ocoee City Commission originally enacted Ordinance 2010-004 to establish a new Article
III of Chapter 1 of the City of Ocoee Code of Ordinances, which was codified as a new Section
1-14, Lien Search Fees. This section authorized the City Clerk to charge fees to cover the cost
of searching city records to identify the many possible types of debt that may be owed to the
city. The ordinance established a $25.00 fee for such a research request, or $75.00 for an
expedited search that would produce a response within two business days. This section of the
City Code was subsequently modified by Ordinance 2014-009 to authorize an additional fee of
$10.00 for searches related to multiple units at a single location. It now needs to be revised
again to recognize the process changes of the Conduits online lien search process, which is
covered by a separate agenda item that proposes an agreement between the city and Net
Assets, Inc., provider of the Conduits service.
Staff has researched the fees charged by other municipalities within the state, particularly those
using the Conduits service. That research suggests that the value of the service increases
when a move is made to quick, online search mechanisms. These municipalities recognize
such value in the price of the service rather than view it solely as a cost-recovery mechanism.
Issue:
The city needs to modify existing City Code to reflect process changes related to fulfilling
requests for lien searches.
Recommendations
Staff recommends the City Commission replace the existing language of Section 1-14, Lien
Search Fees, in order to remove the listing of fees in the ordinance and move them to adoption
by resolution. That resolution, which will be presented along with the second reading of the
ordinance at a later meeting of the City Commission, will recommend a service fee of $125 with
no additional charges for multiple units on a single parcel.
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Attachment:
• Proposed revised ordinance language, which would entirely replace the current
language.
• Proposed service fee resolution (PROVIDED FOR INFORMATION ONLY, NOT FOR
ADOPTION AT THIS MEETING)
Financial Impact:
There is no financial impact from adopting the revised ordinance. Service fees will be
established in a related resolution.
Type of Item: (please mark with an "x,
Public Hearing For Clerk's Dept Use:
)e Ordinance First Reading Consent Agenda
Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Clerk's Offic- _ •i� N/A
Reviewed by City Attorney • N/A
Reviewed by Finance Dept. ■ , , , (VA N/A
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ORDINANCE NO. 2016-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ORDINANCE NO. 2014-009 BY AMENDING
SECTION 1-14 OF THE CODE OF ORDINANCE OF THE
CITY OF OCOEE ENTITLED "LIEN SEARCH FEES";
PROVIDNG FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; 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 removed in its entirety and replaced by the following:
ARTICLE III
ADMINISTRATIVE SERVICE FEES
§1-14 Record Search Fees
(a) A fee may be charged for each research request seeking information from the City of
Ocoee regarding a parcel of real property, condominium, or other similar holding, as
recognized by the Orange County Property Appraiser, and seeking a report that
identifies any outstanding liens, special assessments, utility balances, fees, fines, or
other levies owed to the City of Ocoee and readily identifiable in the records of the
city.
(b) Payment of the required fee, which shall be established by resolution adopted by the
City Commission of the City of Ocoee, is required prior to delivery of the report. The
specified fee shall be paid for each separately identifiable unit of real property
recognized by the Orange County Property Appraiser.
(c) Research requests may be fulfilled by city staff or a third party authorized to do so by
the city. Payment of the required fee may be made to the city through any authorized
third-party provider of the requested information.
(d) The city may require that all such research requests be directed to the third-party
provider, if one is secured for these services.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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 intent of the City Commission of the City
of Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Ocoee 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 intent; 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 that do not affect the intent may be
authorized by the City Manager, without need of a public hearing, by filing a corrected and
recodified copy of the 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 , 2016.
CITY OF OCOEE, FLORIDA Attest
Rusty Johnson, Mayor Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED READ FOR THE SECOND TIME AND
AS TO FORM AND LEGALITY THIS ADOPTED ON
DAY OF , 2016 , 2016, UNDER AGENDA ITEM
Shuffield Lowman&Wilson NO.
City Attorney