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2015-022 Code Enforcement Fines and Liens ORDINANCE NO. 2015-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 7-9 OF THE CITY OF OCOEE CODE, RELATING TO ESTABLISHING AN OPTIONAL PROCESS FOR RESOLVING CODE ENFORCEMENT FINES AND LIENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Commission of the City of Ocoee, Florida, (the "City Commission") desires to amend Section 7-9 of the City of Ocoee Code to establish a means for negotiation and resolution of code enforcement fines and liens (the "Ordinance"). NOW,THEREFORE, BE IT ENACTED BY THE CITY COMMISSION: Section 1. Authority. The City Commission 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. Section 7-9. Section 7-9, relating to administrative fines and other code enforcement matters, is hereby amended, as shown (strikethrough portions indicate existing language to be removed, underlined portions indicate new language to be added): 7-9. - Administrative fines; costs of repairs; liens; settlements. A. If the Code Inspector notifies the Board of a failure to comply with a compliance order of the Board by the date set in the order, the Board may issue an order requiring the violator to pay a fine not to exceed $250 for each day the violation continues past the date set by the Board for compliance, and in addition, the fine may include all costs of repairs pursuant to Subsection C of this section. B. If the Code Inspector notifies the Board and the Board so finds that a repeat violation has been committed, the Board may issue an order requiring the violator to pay a fine not to exceed $500 for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Code Inspector, and in addition, the fine may include all costs of repairs pursuant to Subsection C of this section. C. In addition, if the violation is a violation described in § 7-6D of this chapter, the Board shall notify the City Commission, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. D. If a finding of a violation or a repeat violation has been made as provided in this chapter, a hearing shall not be necessary for issuance of the order imposing the fine. E. In determining the amount of the fine, if any, the Board will consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation. (3) Any previous violations committed by the violator. F. The Board may reduce a fine imposed pursuant to this section. City policy is to accomplish compliance with the City Code as economically as possible for all parties. Therefore, after a property owner has been properly noticed of a violation but prior to a hearing before the Board, the City Manager or designee is authorized to enter into negotiations and a settlement agreement with the violator. Failure of the violator to comply with the settlement agreement or a recurrence of the violation shall result in prosecution of the original violation as well as the repeat violation, if applicable. The City Manager or designee shall establish the perimeters to be followed for settlement negotiations. Pre-hearing.settlement negotiations shall not be grounds for continuing or otherwise delaying a hearing on the violation unless agreed to in writing by both parties. G. Following the hearing before the Board, a A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the official county records and will thereafter constitute a lien against the land on which the violation exists and on any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of Florida, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this chapter shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the City Commission, and the City Commission may execute a satisfaction or release of a lien entered pursuant to this section, unless otherwise provided herein. After three months from the filing of any such lien which remains unpaid, the Board may authorize the City Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under § 4, Article X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under § 4(a), Article X of the State Constitution. H. After an order assessing a fine against a violator has been issued and compliance has been achieved, nothing herein shall prohibit the Board, City Commission, or City Manager or designee from reducing, eliminating, satisfying, or otherwise settling the assessed fine or lien. The City Manager or designee shall establish the procedures to be followed for reducing, eliminating, satisfying, or otherwise settling the assessed fine or lien and for recording satisfaction thereof in the official county records. ICI. The lien will be automatically extinguished 20 years after the date the certified copy of the order imposing a fine is recorded, unless within that time an action is commenced pursuant to § 7 9G of this chapter in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The City Commission shall be entitled to collect all costs incurred in recording and satisfying a valid lien. Commencement of an action pursuant to § .7-9G of this chapter will not cause a continuation of the lien as against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. h J. The Clerk is authorized and empowered to issue certified copies of the Board's records. 3: K. Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. 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. Codification. It is the intention of the City Commission 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. 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 public hearing, by filing a corrected and recodified copy of the same with the City Clerk. Section 5. Effective Date. The Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 15M day of �..S,�pte.-,-rb,.r` , 2015. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA r ,fte :im__, If ., I OA i 4 0 , (A.) -Id\ Be'ikenberry, City Clerk s J. Grogan, Mayor (SEAL) ADVERTISED ON,5,7pte.Y,bor L01a�i.6--- READ FIRSTTIME.5,vp11,-emhpr / , aG/S READ SECOND TIME AND ADOPTED BY THE OCOEE CITY COMMISSION UNDER 1 AGENDA ITEM NO. /1 AT A MEETING HELD ON.5ipkrnb.Pr 15 It-0201-5- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS /5" DAY OF , 2015. SHUFFIELD, LOWMAN &WILSON, P.A. By: x... 44144 M City Attorney