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HomeMy Public PortalAbout11-8185 Amnesty Program Sponsored by: City Manager Resolution No. 11-8185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXTEND THE DEADLINE FOR THE AMNESTY PROGRAM TO ALLOW PROPERTY OWNERS WITH OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT AFTER MEETING CERTAIN ELIGIBILTY REQUIREMENTS, TO JUNE 30, 2011; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 10-8113, the City of Opa-locka, Code Enforcement Division Fine/Lien Amnesty Program assists in providing relief from financial burden to businesses and residential properties with code violations; and WHEREAS, the Amnesty Program, effective from October 1, 2010 through January 31, 2011, has proven to be an incentive to property owners who have outstanding code violation; and WHEREAS, the City Commission of the City of Opa-locka desires to extend the expiration date of the Amnesty Program until June 30, 2011; and WHEREAS, the City Commission of the City Opa-locka desires to authorize the City Manager to extend the Amnesty Program to June 30, 2011,to assist 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. Resolution NO. 11-8185 Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to extend the Amnesty Program until June 30, 2011 to property owners who have met the requirements of the program. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9TH day of February, 2011. / YRA AYLOR AYOR Attest to: Deborah S. Irb City Clerk Approved as to ,arm and legal sufficiency: I , Al, Josep 7• City tto :y Moved by: Vice Mayor Johnson J Seconded by: Commissioner Miller Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor: YES 0 n'L Ol_h.� 1;¢ lit C./ aPacigachcia gErrair a'. ads y,pg P. Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Gail Miller Commissioner Rose Tydus FROM: " a ,nce Pat - son, City Manager DATE: January 28, 2011 RE: Resolution: Code Enforcement Amnesty Program Extension Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXTEND THE DEADLINE FOR THE AMNESTY PROGRAM THAT ALLOWS PROPERTY OWNERS WITH OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT AFTER MEETING CERTAIN ELIGIBILTY REQUIREMENTS TO JUNE 30, 2011 Description: The City Commission of the City of Opa-locka authorized a code enforcement amnesty program that offers 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. The current code enforcement amnesty program ends January 31, 2011. We are requesting that the deadline be extended to June 30, 2011. Financial Impact: As of today, the amnesty program has resulted in $6,561.81 in collections or amounts to be collected. Implementation Timeline: Program Duration: October 1,2010 thru June 30, 2011 Legislative History: Resolution#10-8113 Recommendation(s): Staff recommends approval. Analysis: The amnesty program-has proven to be an incentive to property owners who have outstanding code enforcement violations. Property owners with outstanding code enforcement violations are encouraged to bring their properties into compliance with City Codes to obtain a quick reduction of their outstanding fines or liens. The current program period runs from October 1, 2010 and will end January 31, 2011. We would like to extend the deadline period to June 30, 2011 to take advantage of tax refunds that will be coming within the next six months. As of today, we have received: a. received 13 applications for amnesty relief b. approved$6,561.81 in collections or amounts to be collected c. released 27 liens and approved another 15 for release once final payments are received. Attachments: (1)Resolution#10-8113 (2)Amnesty program application PREPARED BY: Faye Douglas,Assistant Finance Director—Budget&Administration City of Opa-Locka, Florida p.LOCk Code Enforcement Division E� '°� �o Fine/Lien Amnesty Program A. li a ro o This Amnes Pro ram will be an incentive for property ��a owners who may have outstanding code enforcement • r � i violations to bring their property into compliance with the �0 City Codes and obtain a quick reduction of their X0, outstanding fines or liens. Rp :�E; RA 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 ir. the City of Opa-locka. • The property must not be subject to foreclosure. • Property owners who simultaneous have 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/liens 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. opp.LOCkq OF \< � 10 riM.Ller IO 1�o'I eh io c0 Code Enforcement Fine/Lien Amnesty Program Application Property Owners Name Date of Application Property Address Folio No. Driver's License Number Telephone Number Mailing Address of Owner Fine/Lien Number Description of Date Lien Amount Due Fine/Lien Recorded 1. $ 2. $ 3. $ 4. $ 5. $ Under penalty of perjury, the undersigned: *swears or affirms that the information provided on this application for Lien Amnesty Program is true and correct; *acknowledges that he/she has read the Lien Amnesty Program Procedures;and *further acknowledges that he/she was given an opportunity to ask questions regarding the procedures. Print name of Property Owner Signature Property Owner/Authorized Representative Date State of Florida, County of Miami-Dade The foregoing instrument was acknowledged before me this day of 2010, by who [ 1 is personally known or[ 1 has produced a driver's license as identification. [Notary Seal] Notary Public My Commission Expires: FOR FINANCE DEPARTMENT USE ONLY: Fee Received Yes No($50.00 Non-Refundable) Total Fine/Lien Amount$ Reduced Amount$ Reviewed By: Signature: FOR CODE DEPARTMENT USE ONLY: Commercial Residential Date of Inspection Compliance Non-Compliance Inspector's Name Code Inspector's Signature Director's Action: Approved Denied Affidavit Received Director's Signature City Manager Signature Date 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 JOSEPH L.KELL DY MAYOR Attest: Deborah by City Clerk Approved as to form and legal sufficiency: n it Josh S. Geller, Esq. City Attorny Moved by: JOHNSON /e Seconded by: TAYLOR Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson:YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1721466 vl :7": 13' ac;),‘ ,./z.,6cEE141 Itk Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus FROM: Clarancetat�e i n,47 y ` an.ger 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 ____ Zvi , . A Cody Enforcement 4 :,':-.'*7,:.-',1_,:1 nines Program � 4 f '�� F C y1 City of Riviera Beach, Florida h�� ;� °* 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: o Property must be in compliance with all City Codes and Ordinances. o Property owner must not have active code enforcement violations on any property owned in the City of Riviera Beach. o 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: o 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. o 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. o 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. 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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 r r r �/ e r r r r rir r sot rrrr . r r I ` r r r r r r rr rrr I I r r r nrirr,,,,, Frrrr 1- Sandra King,Public Information Officer Phone: 954-786-4527 ■ Ana I/I!!I RP II lip LIEN AMNESTY PROGRAM Page 1 of 2 D ="11/10The official site of the city of st. petsrsbllrI, fi 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 Street N St.Petersburg,FL 33731 program to run until November 30, 2009. The program goal is to Main:(727)893-7373 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 t & A Lien Amnesty Program Application Press Release Council Resolution 8/11/2010 http://www.stpete.org/codes/lien_amnesty_program.asp Home •'Corrtact_Us Online Services Site Map _ Police Department POLICE r Builc irrg Partnerships tur a Safer Communrt} Police Home About Us, Careers at PBPD Citizen Requests Community Services - Pubhc Information Divisions �. . Search Command Staff Police Divisions 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 stag Code Enforcement Board liens as part of the City's Code Enforcement Lien Amnesty Program.This program will run through December 31,2009 and criisieline 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 Elects Example:Commercial(other)Property FOIE Lien amount:$60,000(20%is$12,000) F� 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. Administrative Lien Amnesty Prograrr ''010 Page 1 of 2 • COi 7>7 net Site Index Contacts Search 111 •: :...... •_-,• � ._._ ._.•: G:• 1. 1 G\ • 114, • Environmental & Compliance F � municipal code compliance Home> Offices> Environmental and Compliance> Municipal Code Compliance Who We Are and What We Do Administrative Lien Amnesty Program 2010 What we enforce... The City of Jacksonville has Chapter 518 - authorized an amnesty period to 7 3 Drug Abatement Response Team(DART) encourage property owners who s'w have administrative fines/liens to "Unsafe for Use" "x bring their properties into Special Master Agenda p e compliance with local codes, thereby# °r� t Administrative Lien o>>x rir cancelling existing fines/liens Amnesty Program 2010 `.are - .• ` imposed by a Municipal Code ' Lr- Enforcement Special Magistrate or Municipal Code Enforcement Board.(Ord 2010-0284) :%;:'",�`j a;�}•fr Administrative fines are assessed on It `t` a property following a failure to comply with orders from a MCE kAIW 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 Pro' m 2010 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 - 1 want to... - 1 am... - Services - Departments 630-CITY(2489) - Site Policies - Webmaster cc., 2003 City of Jacksonville http://www.coj.net/Departments/Environmental+and+Compliance/Municipal+Code+Compliance/... 8/11/2010