HomeMy Public PortalAbout10-8113 Amnesty Program Sponsored by: Commissioner T. Holmes
Resolution No. 10-8113
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO IMPLEMENT AN AMNESTY
PROGRAM THAT ALLOWS PROPERTY OWNERS WITH
OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO
PAY A REDUCED AMOUNT AFTER MEETING CERTAIN
ELIGIBILTY REQUIREMENTS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Opa-locka 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 be an opportunity to generate over$100,000.00 and
will be in effect beginning October 1, 2010 and ending January 31, 2011; and
WHEREAS, the City of Opa-locka 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 DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to implement an Amnesty Program that will allow property owners with
Resolution No. 10-8113
outstanding code enforcement violations to pay a reduced amount after meeting eligibility
requirements and terms, as follows:
Eligibility Requirements:
• Property must be in compliance with all City Codes and Ordinances
• Property owner must not have active code enforcement violations on any
property owned in the City of Opa-locka
• The property must not be subject to foreclosure.
• Property owners who simultaneously have Code Enforcement, Nuisance
Abatement, and Unsafe Structure Liens on their property must settle the
Nuisance Abatement and/or the Unsafe Structure liens, in full, prior to
becoming eligible for the Code Enforcement Amnesty Program.
• Vacant lots are ineligible.
• Fines/lines for costs incurred by the City for work performed by contractors
are ineligible.
Terms of Amnesty Program:
• Eligible property owners will pay 25% of the total fine or lien total as
settlement for the outstanding fine or lien owed to the City.
• A $50 Non-refundable application fee is due at time of submittal for each
property. Applications must be received by January 31, 2011.
• Settlement payment must be made within sixty(60) days after approval.
• Compliance will be verified by the code enforcement officer prior to
approving amnesty application.
• The City will release the liens upon full payment of settlement.
• Once program ends on January 31, 2011, the reduced settlement option will
no longer be available and the City of Opa-locka will actively pursue all
outstanding fines and liens owed.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8"'day of September, 2010.
Resolution No. 10-8113
---.,--�
1'
JI LLEY
M `, aR
Attest:
Deborah by
City Clerk
Approved as to form and legal sufficiency:
A
i(2-.. c\i) 1 1 1
. ; W ■ill
Jos; .h S. teller, Esq.
City Attorn-y
Moved by: JOHNSON
Seconded by: TAYLOR
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson:YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
1721466 vi
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iv (MAI 411 (4011 IV7 1171
abl" grioredit,
Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorothy Johnson
Commissioner 7, Timothy Holmes
Commissioner Rose Tydus
FROM: Clarancr Ba to n %ikger
DATE: August 20,2010
RE: Resolution: Code Enforcement Amnesty Program
Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING
THE CITY MANAGER TO IMPLEMENT AN AMNESTY PROGRAM THAT
ALLOWS PROPERTY OWNERS WITH OUTSTANDING CODE
ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT AFTER
MEETING CERTAIN ELIGIBILTY REQUIREMENTS.
Description: The City of Opa-locka will like to offer residents and business owners an opportunity to ease
financial burdens on their properties at significantly discounted payoff amounts. It is the intent of the program
to work with property owners to resolve outstanding fines where there has been compliance with the City Code
of Ordinances.
Financial Impact: As of today, Code Enforcement liens total $432,270 and have opportunity to generate over
$100,000 thru this program.
Implementation Timeline: Program Duration: October 1, 2010 thru January 31, 2011
Legislative History: None
Recommendation(s): Staff recommends approval.
Analysis: Code enforcement focuses on the expectation that citizens have the ability to live in housing
that meets reasonable standards of safety and habitability and neighborhoods, citizens, and property values are
not impacted by the blight of nearby neglected premises. Code enforcement routinely involves premises with
high weeds and grass, trash and debris, inoperable vehicles, fences in disrepair, substandard housing conditions
and/or dangerous structures.
This amnesty program will be an incentive to property owners who may have outstanding code enforcement
violations to bring their property into compliance with the City Codes and obtain a quick reduction of their
outstanding fines or liens.
Eligibility Requirements:
• Property must be in compliance with all City Codes and Ordinances
• Property owner must not have active code enforcement violations on any property owned in the City of
Opa-locka
• The property must not be subject to foreclosure.
• Property owners who simultaneously have Code Enforcement, Nuisance Abatement, and Unsafe Structure
Liens on their property must settle the Nuisance Abatement and/or the Unsafe Structure liens, in full, prior
to becoming eligible for the Code Enforcement amnesty program.
• Vacant lots are ineligible.
• Fines/lines for costs incurred by the City for work performed by contractors are ineligible.
Terms of Amnesty Program:
• Eligible property owners will pay 25% of the total fine or lien total as settlement for the outstanding fine or
lien owed to the City.
• A $50 Non-refundable application fee is due at time of submittal for each property. Completed
applications must be received by January 31, 2011.
• Settlement payment must be made within sixty (60)days. Payment arrangements are available if necessary.
• Compliance will be verified by the code enforcement officer prior to approving amnesty application.
• The City will release the liens upon full payment of settlement. Once program ends on January 31, 2011,
the reduced settlement option will no longer be available and the City of Opa-locka will actively pursue all
outstanding fines and liens owed.
• Anyone claiming a code enforcement lien should be released due to foreclosure, bankruptcy, etc will be
required to pay application fee and the lesser of 25% of the fine or$100 upon completion of research by the
City that proves the claim is correct.
Other cities have recently enacted code enforcement amnesty programs in their communities. Below is a
schedule of some local amnesty programs and the amount payable to release the fine/lien contingent upon full
compliance with city codes:
City Amount Due
City of Riviera Beach 5% of fine and $75 non-refundable application fee
City of Miami Gardens 5% of fine
City of Pompano Beach 25% of the face value or flat$500.00
City of St. Petersburg 20% of fine and$50 or$100 application fee
City of Palm Bay Residential— 10% of lien with a 3% property market value cap
Commercial—20% of lien with a 7%property market value cap
City of Jacksonville Administrative fine waived; Costs incurred by City not waived
Attachments: Amnesty programs of other cities noted above
PREPARED BY: Faye Douglas, Assistant Finance Director—Budget&Administration
Code Enforcement -
,oviER4,6_
Amnesty
City of Riviera Beach, Florida
CHCo
The City of Riviera Beach offers the Code Enforcement Amnesty Program as an incentive to
property owners who may have outstanding code enforcement violations to bring their prop-
erty into compliance with City codes and obtain a quick reduction of their outstanding fines
or liens.
PROGRAM DURATION: March 1, 2010 to August 30, 2010
ELIGIBILITY CRITERIA:
• Property must be in compliance with all City Codes and Ordinances.
• Property owner must not have active code enforcement violations on any property owned
in the City of Riviera Beach.
• The property must not be subject to foreclosure or prior City Council reduction by the
City of Riviera Beach.
For more information regarding eligibility or if you have any questions about this program,
please contact the City of Riviera Beach Code Enforcement Division at 561-882-3505.
TERMS OF AMNESTY PROGRAM:
• Eligible property owners will pay 5% of the total fine or lien total as settlement for the
outstanding fine or lien owed to the City.
• The City of Riviera Beach will issue a Satisfaction of Lien to the property owner for each
outstanding fine or lien settled during this program.
• A $75.00 Non-refundable Application Fee is due at time of submittal for each property.
Please complete application below and return it (with the administrative fee) to the Code
Enforcement Division, located at 2051 Martin Luther King Blvd., Suite 100.
City of Riviera Beach • Riviera Beach Police Department
600 West Blue Heron Blvd. • Riviera Beach, Florida 33404
Dial 911 (for emergencies) • 561-845-4123 (non-emergency dispatch)
www.rivierabch.com
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( itv of Pompano Beach 100 \Nest .ktlantic I3otticvaid Pompano 13cach, I I. 331161
Press Release Date: 1/29/10
City Passes Code Enforcement Lien Amnesty Program
The City of Pompano Beach is offering residents an opportunity to erase financial burdens on their
properties at significantly discounted payoff amounts. The Amnesty Program is an effort to bring more
properties in compliance which will help the City continue to maintain its neighborhoods,protect property
values and preserve quality of life for its residents.
The City of Pompano Beach City Commission passed a resolution on January 26th offering a temporary
period of amnesty for code enforcement fines. Owners of properties that are in compliance with their code
cases may settle their debt to the City by paying the lesser of 25% of the face value of the lien or a flat
$500. The Code Enforcement Lien Amnesty Program will be in effect from February 18th through
August 18th.
Property owners will also be provided an option to settle the reduced amount under the Amnesty Program
via a payment plan with a six month payment term. Owners of non-compliant properties that are brought
into compliance during this Amnesty Program are also eligible to settle their accrued code liens in
accordance with program guidelines, based upon their compliance date, as issued by the case code
enforcement inspector. Compliance will be verified by the code enforcement inspector, prior to the
execution of the order to reduce the code lien amount.
Property owners who simultaneously have Code Enforcement Liens, Nuisance Abatement and Unsafe
Structure Liens on their property must settle the Nuisance Abatement and/or Unsafe Structure Liens, in
full,prior to receiving a reduction in the outstanding Code Enforcement Lien Amount.
Take advantage of this limited time offer to settle your Code Enforcement Lien for a significant discount!!
For more information or Amnesty Program forms,please contact the Special Magistrate Office at: 954-
786-4509 or visit us on the City's web site at:
http://www.mypompanobeach.org/directory/index.html#code
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Sandra King,Public Information Officer ',Phone: 954-786-4527 >7— ; �;I ■i 1 •'!�I•,•
LIEN AMNESTY PROGRAM Page 1 of 2
r
Tie official site of the r asi
st. petersburg, fl
residents visitors business city government eServices
Modified:Apr 21,2010 09:51 AM Codes Compliance Assistance
The Lien Amnesty Program is a one time program to run from April 1, 2009 Municipal Services Center—1st Floor
to September 30, 2009. City Council approved an extension of the One 4th N Street
program to run until November 30, 2009. The program goal is to Mane(727)893-7373 731
provide relief to properties that have been clouded by financial Fax: (727)892-5558
encumbrances due to penalties placed as Order(s) Imposing Lien on the
property. Hence, properties become more viable to owners to maintain and
marketable during this substantial national economic downturn.
This program allows an individual to request the release of any Order(s)
Imposing Lien from a property for payment of 20% of the unpaid fine
amounts. Applications must be submitted and qualifying criteria must be
met.
Application Criteria
• Applicant must be the current property owner, the owner's attorney or authorized agent of the owner and must
pay a $50.00 application fee. All other applicants must pay a $100.00 application fee.
• Applications will be accepted for a single property.
• Requests are for Order(s) Imposing Lien only.
• There can be no active codes cases on the property.
• There can be no active codes cases on any property owned by the current owner of the property.
• Payment must be received within 5 business days of notification that the application is approved.
Lien Amnesty 0 & A
Lien Amnesty Program Application
Press Release
Council Resolution
8/11/2010
http://www.stpete.org/codes/lien_amnesty_program.asp
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Police Districts Code Compliance Lien Amnesty Program
Specialty Units
On October 1,2009 the Mayor and City Council adopted Resolution No.
Crime Resources 2009-58 establishing a Code Compliance Lien Amnesty Program. It is the
intent of this program to work with property owners to resolve outstanding
Amber Alerts fines where there has been compliance with the City Code.
Auto Theft Individuals and businesses will have a chance to pay off their delinquent
Crime Stats Code Enforcement Board liens as part of the City's Code Enforcement Lien
Amnesty Program.This program will run through December 31,2009 and
Crimeline will be applicable to Code Enforcement Board liens only.Once the amnesty
Missing Persons period ends,the reduced settlement option will no longer be available,and
the City of Palm Bay will actively pursue all outstanding liens.
Wanted Persons
The City prefers to work with property owners to settle these outstanding
Related Links liens at a significantly reduced amount. In order to participate in this
program certain prerequisties must be met.The orginal code violation must
Brevard County State be abated and no additional code violations can exist on the property.Once
Attorney Office all prerequisites have been met,the lien will be reduced on the percentage
Brevard County Animal amount set forth by the City Council:
Control Residential—Pay 10%of lien with a 3%Property Market Value Cap
Brevard County Property
Appraiser Example: Residential Property
Clerk of Courts Lien amount:$30,000(10%is$3000)
Property Market Value:$120,000(3%is$3600)
Dept. of Corrections Lien amount reduced to$3000
Driver's License Commercial—Pay 20%of lien with a 7%Property Market Value Cap
Efacts
Example:Commercial(other)Property
FDLE Lien amount:$60,000(20%is$12,000)
FLA Laws Property Market Value:$200,000(7%is$14,000)
Lien amount reduced to$12,000
Florida Abuse Hotline
Note: Property Market Values will be determined directly from the Brevard
Florida Police Chiefs County Property Appraisers web site.
Homeland Security
IACP Program Highlights
Other Local LEAS • Code Enforcement Board Liens Only
National Sex Offenders • If there are any open or existing violations and/or if a property is in
litigation with the City they are NOT eligible
Florida Sex Offenders • Settlement could be paid off monthly for a maximum of 12 months.
State Attorney General • Lien would be released upon satisfaction of settlement payment and
verification that the property is in compliance
State Fire Marshal • Deadline to apply: December 31,2009
Waste Management To find out if you are eligible to participate in this Lien Amnesty Program,
contact our office for further details at 321-952-3430 or email us.
n T...t
Administrative Lien Amnesty Program —110 Page 1 of 2
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Home> Offices> Environmental and Compliance> Municipal Code Compliance
Who We Are and What We
Do Administrative Lien Amnesty Program 2010
What we enforce...
Chapter518 The City of Jacksonville has + '
authorized an amnesty period to
Drug Abatement Response
Team(DART) encourage property owners who
have administrative fines/liens to ",
"Unsafe for Use" .
bring their properties into
Special Master Agenda compliance with local codes, thereby ""'
Administrative Lien _.
Amnesty Program 2010 cancelling existing fines/liens
imposed by a Municipal Code
Special Magistrate or
Municipal Code Enforcement Board. *% '
(Ord 2010-0284
Administrative fines are assessed on
a property following a failure to
comply with orders from a MCE
Special Magistrate or Municipal Code '
Enforcement Board to correct property or zoning code violations.
Effective Period
The 90-day amnesty application period will be effective Aug. 1, 2010, through
Oct. 29, 2010. During that period, the Municipal Code Compliance Division will
accept applications to cancel the administrative fines. Any cancellation of fines
will be based on full compliance with the orders of the Special Magistrate or the
Municipal Code Enforcement Board to correct property safety, maintenance and
zoning code violations that led to the fine.
Community Meeting Aug. 18
Hosted by City Councilmember E. Denise Lee (District 8) and representatives
from the Municipal Code Compliance Division, a community meeting at Stanton
High School, 1149 W. 13th St., 5 - 7 p.m., Aug. 18, will provide a chance to
have questions answered. Please bring any information about existing liens or
fines on your property.
How to Qualify
To qualify for the Administrative Fine/Lien Amnesty Program and to determine
eligibility for the fine waiver, the following conditions or criteria will apply:
• The administrative fine/lien must have been issued prior to February 1,
2010, by an MCE Special Magistrate or a Municipal Code Enforcement
http://www.coj.net/Departments/Environmental+and+Compliance/Municipal+Code+Compliance/... 8/11/2010
Administrative Lien Amnesty Program -'10 Page 2 of 2
Board.
• Property owners (on recorded public record) are the only parties
authorized to submit applications for amnesty.
• Applicants must submit a fully completed amnesty application.
• Applicants must not be personally indebted to the City of Jacksonville for
any reason, including, but not limited to, ad valorem property taxes,
special assessments, city utility charges, or other government-imposed
fines against the property.
• Applicants will enter into a written Stipulation Agreement to correct all
outstanding code violations by a date established by the City. The City
will execute all Stipulation Agreements during the amnesty period of
Aug.1, 2010, through Oct. 28, 2010. The agreement will stipulate that
the fine/lien elimination is not effective until all violations are corrected.
• The agreement will be subject to review and approval by the Office of
General Counsel.
• Applicants who previously received administrative lien amnesty are not
eligible to participate in this amnesty program.
What's Not Covered
This amnesty program does not authorize rescission or cancellation of any lien
for costs incurred by the City of Jacksonville for work performed by
contractors. Such work includes nuisance abatement (mowing, trash/debris
removal, board-up, etc.) or demolition of structures on your property. Please
do not submit amnesty applications for nuisance and/or demolition liens or
citations levied or issued by Municipal Code Compliance Division.
Applications
Click here for an Administrative Lien Amnesty Program application. Applications
will not be accepted after close of business Friday, Oct. 29. For additional
information, please contact (904) 630-CITY or (904) 630-2489.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do
not send electronic mail to this entity. Instead, contact this office by phone or in writing.
Mayor - City Council - Jobs - About Jax - I want to... - I am... - Services - Departments
630-CITY(2489) - Site Policies - Webrnaster 2003 City of Jacksonville
http://www.coj.net/Departments/Environmental+and+Compliance/Municipal+Code+Compliance/... 8/11/2010