Agenda 05/11/2010 Item #10A
EXECUTIVE SUMMARY
Agenda Item NO.1 OA
May 11, 2010
Page 1 of 3
Recommendation to review potential changes to Resolution 2001-316 relating to settlement
of Code Enforcemeut liens in accordance with direction provided by the Board of County
Commissioners on April 13, 2010, and provide direction to the County Manager and the
County Attorney as to any such changes that wiD be incorporated into amending and
superseding the resolution, including criteria for the recommendation of settlement.
OBJECTIVE:
To obtain the Board of County Commissioners (BOCC) approval of the proposed change to the
Code Enforcement Director's authority in settling and compromising code enforcement liens and
providing guidance on the criteria used to make recommendations to the BOCC.
CONSIDERATIONS:
The existing Resolution, Resolution No, 2001-3] 6, provides procedures and criteria for settling
and compromising code enforcement liens and authorizes the Director of the Code Enforcement
Department to compromise and settle code enforcement liens that do not exceed $15,000.00.
On April 13, 2010, agenda item 16AlO was moved to item 10D in order to discuss the current
criteria and process being used to abate Code Enforcement liens on properties that were brought
into compliance under the existing Resolution. Resolution 2001-316 utilizes the following
criteria for compromising and release of Code Enforcement liens:
. Fine/lien amount is fixed and no longer accruing on a periodic basis and the underlying
violation(s) resulting in the fine/lien has been abated or corrected by the violator.
. The Fine/Lien amount does not exceed $15.000.
. The violator has not committed previous or subsequent violations.
. The extent to which the payment of the full lien amount would impose a severe financial
hardship on the violator.
. The amount recovered will equal or exceed the costs and expenses incurred by the
County in prosecuting the violation and obtaining, recording, and enforcing the fine/lien.
The Board asked staff to consider a fair and reasonable way to treat all parties equitably and at a
minimum recoup costs incurred to manage the process and that recommendations from the Code
Enforcement Director shall not be unduly discriminatory towards class of ownership and
consistent with the approved criteria.
In light of the numerous foreclosures affecting our community and the subsequent sale of
properties by banks and property owners to new purchasers, the updated Resolution should
continue to require abatement of the Code violation(s) and compliance before a settlement
agreement is considered and that settlement agreements equal or exceed the costs incurred by the
County. Staff recommends the following options for the Board's consideration:
. That the Code Enforcement Director has no direct ability to compromise fines/liens
without Board approval and only recommends the settlement amount based on the
following criteria:
Agenda Item No. 10A
May11,2010
Page 2 of 3
e Fine/lien amount is fixed and no longer accruing on a periodic basis and the
underlying violation(s) resulting in the fine/lien has been abated or corrected.
e The history the offering party has with prior violations.
o The extent to which the payment of the full lien amount would impose a severe
financial hardship on the offering party.
o The amount recovered will equal or exceed the costs and expenses incurred by the
County in prosecuting the violation and obtaining, recording, and enforcing the
fine/lien.
o That fines accrued prior to the issuance of a certificate of title to the new owner,
would be considered for a waiver as long as the new owner has diligently pursued
abatement.
o That fines accrued by an existing owner would be considered for a waiver as long
as the existing owner has diligently pursued abatement.
This will continue to ineentivize banks to abate the Code violations prior to taking certificate of
title, which averages more than a year from the filing of a lis pendens to certificate of title.
Prospective buyers will also be able to factor in the cost of abatements and fines when offers of
purchase are made to the bank or property owner. Additionally, the amended criteria incentivize
the current business or property owners to abate Code violations.
FISCAL IMPACT: There is no fiscal impact. The Board will approve recommended waivers.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board aetion.-JW
RECOMMENDATION: That the Board directs to the County Manager, or his designee and
the County Attorney to prepare changes that will be incorporated into an amending and
superseding resolution, in order to amend the Code Enforcement Director's authority and criteria
used for the recommendation of settlement.
PREPARED BY: Diane B. Flagg, Code Enforcement Director
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10A
May 11, 2010
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation to review potential changes to Resolution 2001-316 relating to settlement
of Code Enforcement liens in accordance with direction provided by the Board of County
Commissioners on April 13, 2010, and provide direction to the County Manager and the
County Attorney as to any such changes that will be incorporated into amending and
superseding the resolution, including criteria for the recommendation of settlement. (Diane
Flagg, Code Enforcement Director)
5/11/20109:00:00 AM
Manager ~ Code Enforcement Operations
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Code Enforcement
4/19/20104:36:18 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
4/20/20104:39 PM
Diane B. Flagg
Director - Code Enforcement
Date
Approved By
Community Development &
Environmental Services
Code Enforcement
4/20/2010 4:45 PM
Assistant County Attorney
Date
Approved By
Jeff Wright
County Attorney
County Attorney
4/20/20104:58 PM
Nick Casalanguida
Director. Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
4/20/2010 5:23 PM
Approved By
Jeff K!atzkow
County Attorney
Date
4/28/20103:10 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
5/3/201012:42 PM
Leo E. Ochs, Jr.
County Manager
Date
Approved By
County Managers Office
County Managers Office
5/4/20109:24 AM