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HomeMy WebLinkAboutReso 2016-2562 RESOLUTION NO. 2016-256q, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING A CODE ENFORCEMENT LIEN AMNESTY PROGRAM; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO PUBLISH NOTICE OF THE CITY'S CODE ENFORCEMENT AMNESTY PROGRAM IN THE CITY'S WEBSITE, NEWSPAPER, AND OTHER PUBLISHING MEDIUMS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") Code Enforcement Department is charged with administering and enforcing code violation cases for property located in the City; and WHEREAS, as part of the City's code enforcement process, the City's Code Enforcement Department brings cases before the Special Master who imposes liens if compliance isn't obtained; and WHEREAS, the City has numerous outstanding code enforcement liens that are a result of code enforcement actions before the Special Master; and WHEREAS, the City has the authority to execute a satisfaction or release of such code enforcement liens, provided compliance is obtained and fines are paid; and WHEREAS, the City Commission desires to grant authority to the City Manager and the City Attorney to reduce such code enforcement liens during this limited code enforcement lien amnesty program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Code Enforcement Lien Amnesty Program. The City Manager and City Attorney are hereby authorized to conduct a Code Enforcement Amnesty Program beginning on October 1, 2016, and ending on January 1, 2017. Section 2. Guidelines for Code Enforcement Lien Amnesty Program. In order to qualify or participate in the City's Code Enforcement Amnesty Program the following conditions must be met: a. Owners of properties that have been liened by the City as a result of Code Enforcement violations may administratively settle their debt on each Code Enforcement case subject to guidelines established by the City Manager and City Attorney which includes, but is not limited to, i) contacting the City's Code Enforcement Department and requesting participation in the City's Code Code Enforcement Amnesty Program l of 3 Enforcement Lien Amnesty Program between October 1, 2016, and January 1, 2017, and ii) having their property inspected by the City and confirmed to be in compliance with the City's Code of Ordinances. b. Owners of such properties must also pay fifteen percent (15%) of the total amount owed as a result of each code enforcement violation within Thirty (30) days from the date of notification of the approved lien reduction amount. c. Failure to obtain correction of the underlying code enforcement violation and pay the approved lien reduction amount within Thirty (30) days from the date of notification of the approved lien reduction amount shall deem the lien reduction approval null and void. Any release of lien shall not be executed if correction and payment is not made within this Thirty (30) day period. d. The City Manager and the City Attorney shall be authorized to administratively approve, compromise, or settle any code enforcement lien for less than the fifteen percent (15%) settlement amount if warranted by special facts and circumstances of a particular code enforcement case. e. Upon verification of compliance and payment in full to the City of the reduced lien amount within Thirty (30) days from the date of notification of the approved lien reduction amount, the City Manager or his designee will provide an administrative release of lien with regards to each code enforcement case. The City Attorney shall review and approve as to form and legal sufficiency all documents prepared in connection therewith. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Publication of Notice. The City Manager and City Clerk are authorized to publish notice of the City's Code Enforcement Amnesty Program in the City's website, newspaper, and other publishing mediums prior to and during the duration of the program. Section 5. Effective Date. This Resolution shall become effective u.on adoption. PASSED AND ADOPTED this 16th day of June 2014 Geor.- H. Scholl, Mayor } ATTEST: • , Jane . i es; MMC,City-Clerk Code Enforcement Amnesty Pro'gram' _ `2 of 3 APPROV D AS TO FORM AN! . � i �i FFICIENCY: s •ttinot, City Attorney • Moved by: L-0 Seconded by: Vc..e yr Td Vote: rj-() Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto V(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Levin V(Yes) (No) Code Enforcement Amnesty Program 3 of 3 S " .- FS City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305)947-0606 City Hall c,. "9, 5,0: "` (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Dana Goldman, Commissioner DATE: 6/16/2016 RE: Resolution approving Code Enforcement Lien Amnesty Program RECOM M ENDAT ION: It is recommended that the City Commission approve the proposed Code Enforcement Lien Amnesty Program. REASONS: Based on my conversations with residents over the years, I became informed that many residents may not be aware of all the rules and regulations of the City. Due to this lack of knowledge, some residents may have engaged in conduct by mistake that may be in violation of the City Code. For example, a resident may not be aware that replacing a faucet requires a permit from the City. The lack of knowledge leads to the imposition of code enforcement liens against the property of residents. Since Code Enforcement is a remedial tool, instead of a punitive tool, am asking the City Commission to approve a temporary Code Enforcement Lien Amnesty Program, which has been utilized by a number of municipalities in Miami-Dade County. Under the proposed Lien Amnesty Program, residents or any violator can seek a reduction of the outstanding lien amount to 15% of the total amount of the lien, provided that compliance with the City Code is achieved. At this time, the majority of code enforcement liens are settled at 25% of the total amount of the Lien. 51 Presently, the City has approximately ninety one (91) outstanding code enforcement liens that were imposed at previous Special Master Hearings. The City has the authority to foreclose on the liens or release the code enforcement liens depending on whether compliance is obtained and fines are paid. By instituting a Code Enforcement Lien Amnesty Program, the City can more easily obtain settlement of the currently outstanding code enforcement liens. I am requesting that the City Manager and City Clerk be authorized to publish notice of the City's Code Enforcement Amnesty Program in the City's website, newspaper, and other publishing mediums prior to and during the duration of the program. ATTACHMENTS: Description Resolution Item Number: 10.C. 52