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Home My Public Portal About22-023 - Lien Amnesty Program for Code Enforcement LiensSponsored by: Interim City Manager RESOLUTION NO. 22-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A CODE ENFORCEMENT LIEN AMNESTY PROGRAM FOR ALL CODE ENFORCEMENT LIENS TO ALLOW PROPERTY OWNERS WITH OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT AFTER MEETING CERTAIN ELIGIBILITY REQUIREMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-Locka ("City") desires to offer property owners an opportunity to ease financial burdens on their properties; and WHEREAS, the opportunity to ease financial burdens will be an Amnesty Program, as an incentive for property owners who may have outstanding code enforcement violations, to bring the property into compliance with the City Codes, leading to property improvement which enhances neighborhood appearance; and WHEREAS, the Amnesty Program will encourage property development and improvement within the City as well as provide additional revenue to the City, which might otherwise be collected at a much later time, and ultimately improve the City's tax base; and WHEREAS, the City authorizes the Interim City Manager to implement an Amnesty Program to assist the property owners that have met the requirements of the program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. Establishment of Lien Amnesty Program. The City Commission of the City of Opa-Locka hereby establishes a Code Enforcement Lien Amnesty Program ("the Program") in the City of Opa-Locka for eligible property owners who have outstanding code enforcement liens. Resolution No. 22-023 A. Eligibility Requirements In order to be eligible for the Program, the property owner must ensure: 1 • All code enforcement violations on the property e must be compliant and there are no other active code enforcement cases with ongoing violations on the rope property owned by the property owner within the City. p p rty, or on any other 2. Property owner must not have active code enforcement maintenance liens on any property owned in the City. violations or property 3. The property must not be the subject of a pending foreclosure actio n. 4. Property owners who have both code enforcement and nuisanc settle the nuisance abatement in full to be eligible, e abatement liens must 5. Fines/ liens for costs incurred by the City for work performed on a property are ineligible. B. Terns of Amnesty Program 1. Outstanding City liens and fines can be reduced by up to 75% of up to 50% of the amount of the liens and fines, or up to the excess value owed; e said property; with verified written appraisal dated within six(6) of tha certified appraiser. months by a 2. A Non-refundable application fee is due at time of submittal for a. residential property owned over 2 years: $50.00 each property b. residential property owned less than 2 years: $100.00 c. commercial property: $500.00 3. Settlement payment must be made within sixty application. Code enforcement officer must ve� verify 0) dcompays liancepp rior tof o approval. P prior to 4. The City will release the liens upon full payment of settlement 5. After approval deadline for payment, the reduced settlement longer be available and the City of Opa-Locka will activ y pursuen will no all outstanding fines and liens owed. y 6. After verifying that the ro e Program, excluding the cost of lien preparation owner iseandbrecordingle for participation in the or his/her designee is authorized to approve the application p, the City Mplication ananager administratively reduce the amount required to satis d to a. up to seventy-five percent (75%) of the amount ofe eligible lien(s): or the lien(s) and fine(s), 2 Resolution No. 22-023 b. up to fifty percent (50%) of the amount of the lien(s) and fine(s), the excess value of the said roe or up to property rtY with verified written appraisal dated within six (6) months by a certified appraiser. If approved, the property owner must pay the City of Opa-Locka by check or money order received by the City Clerk on or beforepaymenta cashier's the total sum of the following: re deadline, property; (ii) the non-refundable ed posit; nd (iii)ced ltheocost fli en preparation lianas) on the recording for each lien. After the property owner has paid he to alum d and City shall execute and record a release of the lien. due the 7. Failure of the property owner to pay the total sum by due date, shallp result in the liable for the entire face value of the lien(s) as if no reduction ownhad er b n imposed. ever been Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered corrections of typographical errors which do not affect the intent may be authorizee and d by the City corrected copy of same with the City Clerk. lettered Manager, following review by the City Attorney, without the need for public hearing, by filinga Section 4. Effective Date. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of September, 2022. J ATTEST: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL - UFFICIENCY: B �T ette Norris -Weeks, P.A. City Attorney Veronica Wi iams, Mayor 3 Resolution No. 22-023 Moved by: Commissioner Dominguez Seconded by _Commissioner Bass VOTE: 4-0 Commissioner Dominguez YES Commissioner Bass YES Commissioner Davis ABSENT Commissioner Taylor YES Mayor Williams YES 4 City of Opa-locka Agenda Cover Memo Department Director: Wilma Wilcox Department Director Signature: Wilma Wilcox City Manager: Darvin Williams CM Signature: Commission Meeting Date: 09.14.2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1st Reading 2nd Reading X X Public Hearing: (EnterXin box) Yes No Yes No X Funding Source: Account#: (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bi#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication iii m NI Ns - El Strategic Plan Obj./Strategy: (list the specific ohjectiv%strategy this item will address) X Sponsor Name City Manager Department: Code Enforcement City Manager Short Title: A resolution of the City Commission of the City of Opa-locka, Florida authorizing a Code Enforcement Lien Amnesty Program for all Code Enforcement Liens to allow property owners with outstanding code enforcement violations to pay a reduced amount after meeting certain eligibility requirement. Staff Summary: This program provides several benefits. • Motivates property owners to resolve outstanding Code violations. • Incentivizes property owners to improve properties once lien impediments have been resolved or facilitates the sale of properties to new owners willing to invest in the properties, leading to property improvement which enhances neighborhood appearance. Sponsored by: City Manager RESOLUTION NO. 20-9770 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A CODE ENFORCEMENT LIEN AMNESTY PROGRAM FOR ALL CODE ENFORCEMENT LIENS TO ALLOW PROPERTY OWNERS WITH OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT AFTER MEETING CERTAIN ELIGIBILTY REQUIREMENTS, REGARDLESS OF WHEN IMPOSED, FROM THE EFFECTIVE DATE OF THIS RESOLUTION THROUGH JANUARY 30, 2021; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-locka ("City") desires to offer property owners an opportunity to ease financial burdens on their properties; and WHEREAS, the opportunity to ease financial burdens will be an Amnesty Program, as an incentive for property owners who may have outstanding code enforcement violations, to bring the property into compliance with the City Codes; and WHEREAS, the Amnesty Program will encourage property development and improvement within the City as well as provide additional revenue to the City, which might otherwise be collected at a much later time, and ultimately improve the City's tax base; and WHEREAS, the City authorizes the City Manager to implement an Amnesty Program to assist the property owners that have met the requirements of the program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF "1111. CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Adoption of Representations. .rhe foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. Establishment of Lien Amnesty Program. The City Commission of the City of Opa-Locka hereby establishes a Code Enforcement Lien Amnesty Program ("the Program") for the City of Opa-Locka. The Program is applicable to eligible property owners who have an outstanding code enforcement lien, regardless of when assessed. Applications for Resolution No. 20-9770 the Program shall be accepted through January 30, 2021, and payment of all liens must occur within sixty (60) days of application approval or no later than April 30, 2021 (if application is approved after January 30, 2021). A. Eligibility Requirements In order to be eligible for the Program, the property owner must ensure that: 1. All code enforcement violations on the property are in compliance and that there are no other active code enforcement cases with ongoing violations on the subject property, or on any other property owned by the property owner within the City. 2. Property owner must not have active code enforcement violations, or Property Maintenance Liens issued by the City, on any property owned in the City. 3. The property must not be the subject of a pending foreclosure action. 4. Property owners who have both code enforcement and nuisance abatement liens on their property must settle the nuisance abatement in full to be eligible. 5. Fines/liens for costs incurred by the City for work performed by contractors are ineligible. 6. Applications and non-refundable deposit must be received in the City Manager's Office by 5PM on January 30, 2021. B. Terms of Amnesty Program 1. Outstanding City liens and fines can be reduced by up to 75% of amount owed; or up to 50% of the amount of the liens and fines, plus up to 100% of the total lien amount in excess of the appraised value of the property, with verified written appraisal dated within six (6) months by a certified appraiser. 2. A Non-refundable application fee is due at time of submittal for each property a. residential property owned over 2 years: $50.00 b. residential property owned less than 2 years: $100.00 c. commercial property: $500.00 3. Settlement payment must be made within sixty (60) days after approval of application. Code enforcement officer must verify compliance prior to approval. 4. The City will release the liens upon full payment of settlement. 5. Once program ends on January 30, 2021, the reduced settlement option will no longer be available and the City of Opa-locka will actively pursue all outstanding fines and liens owed. 6. After verifying that the property owner is eligible for participation in the Program, excluding the cost of lien preparation and recording, the City Manager 2 Resolution No. 20-9770 o" na Flores, City Clerk or his/her designee is authorized to approve the application and to administratively reduce the amount required to satisfy the eligible lien(s): a. up to seventy-five percent (75%) of the amount of the lien(s) and fine(s), or b. up to tifty percent (50%) of the amount of the lien(s) and fine(s), plus up to 100% of the total lien amount in excess of the appraised value of the property, with verified written appraisal dated within six (6) months by a certified appraiser. If approved, the property owner must pay the City of Opa-locka, by a cashier's check or money order received by the City Clerk on or before January 30, 2021 or no later than April 30, 2021 (if application is approved after January 30, 2021), the total sum of the following: (i) the reduced value of the eligible lien(s) on the property; (ii) the non-refundable deposit; and (iii) the cost of lien preparation and recording for each lien. After the property owner has paid the total sum due prior to January 30, 2021 or no later than April 30, 2021 (if application is approved after January 30, 2021), the City shall execute and record a release of the lien. 7. Failure of the property owner to pay the total sum due by April 30, 2021 shall result in the approved lien reduction(s) being null and void, and the property owner shall be liable for the entire face value of the lien(s) as if no reduction had ever been imposed. Section 3. Effective Date. This Resolution shall be effective immediately upon its adoption. PASSEL) and ADOPTED this 24th day of June, 2020. Matthew A. Pigatt, Mayor TEST: APPROVED AS TO FORM ANI) LEGAL SUFFICIENCY: Burnadette Norris -Wee s, PA City Attorney 3 Resolution No. 20-9770 Moved by: COMMISSIONER BASS Seconded by: VICE MAYOR DAVIS VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 4 City of Opa-Iocka Agenda Cover Memo Department Director: Bob Anathan Department Director Signature: CM Signature: City Manager: John E. Pate g n��Z Commission Meeting Date: June 24 2020 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) N/A Yes No Ordinance Reading: (linter X in box) !St Reading 2" Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Accountll: NA — Provides Revenue (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: fj El Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Ns 0 II 0 Sponsor Name City M< Hager Department: City Manager Short Title: Code Enforcement Lien Program Staff Summary: The City implemented a similar program affording the opportunity for code enforcement liens to be reduced by 75% on September 8, 2010 (Resolution 10-8113) and subsequently extended it through December 31, 201:1 (Resolutions 11.8185 and 11-8226). The program was deemed to have been effective at the time and it is believed implementation of a similar program at this time would be equally effective. Financial Impact This program will provide additional revenue which otherwise might be collected at a much later time. No estimate is being made at this time as to the number of property owners who might chose to participate in the program and the revenue that would result. A secondary impact that will occur is that reducing the shadow of large fines will facilitate the sale of properties to individual interested in coming into the community and improving existing properties. Similarly, current property owners will be more motivated to invest in their properties with the reduction of the threat of large fines, further contributing to the improvement of the neighborhoods and ultimately improvement to the City's tax base. Proposed Action: Staff recommends that the City Commission adopt the resolution establishing a lien amnesty program. Attachment: