HomeMy WebLinkAboutItem #15 Second Reading and Proposed Amendment to Chapter 1-14, Lien Search Fees, in the Code of Ordinance of the City of Ocoee ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: April 19, 2016
Item #
Reviewed By: j i�/
Contact Name: Al Butler, Support Services Department Director: - Off
Contact Number: 407-554-7063 City Manager: z��/-�
Subject:
A—Proposed amendment to Chapter 1-14, Lien Search Fees, in the Code of Ordinance of the City
of Ocoee–SECOND READING AND PUBLIC HEARING.
B—Proposed resolution setting the fees for record searches.
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The Ocoee City Commission originally enacted Ordinance 2010-004 to establish a new Article III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 search process under an agreement
between the city and Net Assets, Inc., provider of the Conduits service. The first reading of the
proposed ordinance was held at the April 5, 2016 City Commission meeting. The agreement with
Net Assets, Inc. to use the Conduits service was also authorized at that meeting.
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 correct the title of the section, remove the listing of fees in the ordinance, and move
the fee structure to adoption by resolution. That resolution, which is presented as a separate
1
agenda item recommends a service fee of $125 for online searches. Manual searches will continue
to be conducted for the prior fee ($25 regular and $75 expedited) when online record searches are
not available. There will be no additional charges for multiple units on a single parcel.
Agenda Action A: Staff recommends the City Commission adopt the attached ordinance, following
a second reading and public hearing, in order to modify the existing Administrative Service Fees
language in Article III of Chapter 1, Section 1-14. The proposed ordinance authorizes the city to
provide online record searches through a third party and moves the amount of the administrative fee
imposed for this service to a resolution.
Agenda Action B: If the City Commission adopts the proposed Ordinance, staff recommends the
City Commission adopt the proposed resolution setting the amount of the record research
administrative fee and the requirements for providing access to online searches.
Attachments:
1. Proposed revised ordinance language, which would entirely replace the current language.
2. Copy of newspaper ad showing notice of public hearing
3. Proposed resolution setting the administrative service fee
Financial Impact:
There is no financial impact from adopting the revised ordinance. Service fees will be established in
a related resolution. Given the agreement between the city and Net Assets, Inc. for the Conduits
only record search service, it is expected that greater cost recovery will occur in the future when
online record research is provided due to increases in revenue and decreases in cost.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading )( Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
X 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. C: li, d— N/A
Reviewed • ' , ',
City Clerk ∎ _� It N/A
Reviewed by / 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
COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday.April 7.2016
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE-PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held Tuesday,April
19,9016,at 7:15 p.m.,or as 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 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.
Ifs 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 pro-
ceedings,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
accommodation or an interpreter to participate in this proceeding should contact
the City ankle office at 407-906-3105 at least two days prior to the date of hearing.
April 7,7016 16-01749W
RESOLUTION 2016-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, RELATING TO THE PROVISION OF
RECORD SEARCHES; ADOPTING THE FEE FOR SUCH
SEARCHES; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Commission of the City of Ocoee, Florida, has enacted Ordinance
No. 2016- (the "Ordinance"), which authorizes the imposition of record search fees related
to property located within the city; and
WHEREAS the Ordinance provides for the fee imposed for record searches is to be
established by a resolution of the City Commission of the City of Ocoee; and
WHEREAS the City Commission recognizes the value of record search reports being
provided through an online third-party service established in cooperation with the City of Ocoee;
and
WHEREAS a public hearing was held on April 19, 2016, and comments and objections
of all interested persons were heard and considered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA:
SECTIONI. AUTHORITY. This Resolution is adopted pursuant to the provisions of
Ordinance No. 2016- ; the City of Ocoee Home Rule Charter; Article VIII, Section 2 of the
Florida Constitution; Section 166.041, Florida Statutes; and other applicable provisions of law.
SECTION 2. FEE ESTABLISHED.
(A) The standard fee to be charged for online record searches at a rate of $125 per
search. Online record searches are the preferred method of providing this service.
(B) If an online record search cannot be conducted, the standard fee for a manual
search conducted by city staff is $25. For an additional fee of $50 (total fee of $75), an
expedited research effort may be conducted by staff.
(C) No additional fee will be assessed for multiple buildings or building units on a
single parcel of land. Each parcel for a record search shall be as defined by the Orange County
Property Appraiser.
(D) If it is available, the public will be directed to use a third-party online record
search service established by prior agreement with the city. The online service will be made
accessible through the city's website but may be separately hosted by the third party providing
the service.
(E) Persons who lack Internet access capabilities to request and receive the results
of an online record search shall be provided with a publicly accessible workstation to perform
this work during normal city business hours at a location to be established by the City Clerk of
the City of Ocoee.
(F) Any fee imposed for a record search must be paid before the search is
conducted. A third party providing online record search services may be authorized by the city
to accept payment for the service, with the amount collected forwarded to the city in accordance
with an agreement between the parties. The city is authorized to pay any reasonable fees
imposed by the third-party provider for its services, as may be specified in the agreement.
SECTION 3. SEVERABILITY. If any clause, section, or other part of this Resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
validity of other provisions of this Resolution.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this day of , 2016.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD ON
AS TO FORM AND LEGALITY THIS . 2016.
DAY OF , 2016.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney