Agenda 05/25/2010 Item #16A12
EXECUTIVE SUMMARY
Agenda Item No. 16A12
May 25, 2010
Page 1 of 19
Recommendation to adopt a resolution superseding Resolution 2001-316, in order to
amend the Code Enforcement Director's authority relating to settlement of Code
Enforcement liens, in accordance with direction provided by the Board of County
Commissioners on May 11, 2010.
OBJECTIVE:
To obtain the Board of County Commissioners (BOCC) approval of a resolution superseding
Resolution No. 2001-316, to amend the Code Enforcement Director's authority in settling and
compromising code enforcement liens.
CONSIDERATIONS:
The existing resolution, Resolution No. 200]-316, provides procedures and criteria for settling
and compromising code enforcement liens and authorizes the Director of the Code Enforcement
Department to compromise and settle certain code enforcement liens that do not exceed
$15,000,00.
On May 11,2010, under item 10.A., the Board provided direction to staff to amend the current
criteria and process being used to settle Code Enforcement liens. A copy of the May 11th
Executive Summary is included in the backup for this item.
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 action. -JW
RECOMMENDATION: That the Board adopt and authorize the Chairman to sign a resolution
superseding Resolution No. 2001-3] 6, in order to amend the Code Enforcement Director's
authority and criteria used for the recommendation of settlement.
PREPARED BY: Diane B..F1agg, Code Enforcement Director
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 12
May 25,2010
Page 2 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMtSSIONERS
16A12
Recommendation to adopt a resoiution superseding Resolution 2001-316. in order to amend
the Code Enforcement Director's authority relating to settlement of Code Enforcement liens,
in accordance with direction provided by the Board of County Commissioners on May 11,
2010,
5/25/20109:00:00 AM
Manager - Code Enforcement Operations
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Code Enforcement
S/13/2010 12:S4:32 PM
Director - Code Enforcement
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement
S/13/2010 7:00 PM
Approved By
Assistant County Attorney
Date
Jeff Wright
County Attorney
County Attorney
S/H/2010 8:01 AM
County Attorney
Date
Approved By
Jeff Klatzkow
S/H/2010 10:21 AM
Nick Casalanguida
Director - Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
5/17/201010:46 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Op~rations Analyst
Date
Community Development &
Environmental Services
S/17/2010 11:34AM
OMS Coordinator
Date
Approved By
County Manager's Office
Office of Management & Budget
5/17/2010 1:S1 PM
Leo E. Ochs, Jr.
County Manager
Date
Approved By
County Managers Office
County Managers Office
5/H/2010 5:07 PM
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Agenda Item No. 16A12
May 25. 2010
Page 3 of 19
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RESOLUTION 2001....1.ll..
RESOLUTION AUTHORIZING THE DIRECTOR OF mE CODE
ENFORCEMENT DEPARTMENT. AS DESIGNEE OF THE COUNTY
ADMINISTRATOR. TO UTILIZE A COLLECTION AGENCY FOR THE
COLLECTION OF CODE ENFORCEMENT LIENS; TO COMPROMISE
AND SETILE CODE ENFORCEMENT LIENS MEETING SPECIFIED
CRITERIA AND NOT EXCEEDING $15,000; TO EXECUTE
SETILEMENT AGREEMENTS EFFECTUATING SUCH COMPROMISE
AND SETILEMENT OF LIENS; TO EXECUTE AND RECORD
SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN
CERTAtN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS
NECESSARY TO THE SErrLEMENT OF CODE Ji:NFORCEMENT
LIENS.
WHEREAS. Article Vlll, Section J, Fla, Const., provides [he Board of County
Commissioners (hereinafter "Bollrd") as the governing body of Collier County. with
powers of self-government as is provided for by general or special Jaw; Bnd
WHEREAS, certain of these powers have been enumerated in Section 125.01(1),
Fla. Sta1., to include: (I) the power to adopt resolutions necessary fOT the exercise of its
powers and prescribe fines and penalties for the violation of ordinances in accordance
with law, and (2) the power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01 (3), Fla. Slat., provides all implied powers necessary
or incident to the carrying out of the powers in Section 125.0 I, and states that Section
125.01 shall be liberally construed m order to effectively carry out the purposes of this
section and to secure for the counties the broad exercise of home rule powers; and
WHEREAS, the COUnlY Administrator IS responsible for the administration of
all depatiments of the county government which the Board has authority to control
pursuant to Chapter 125. Part Ill, the general laws of Florida and other applicable
legislation; and
WHEREAS, the Director of Code Enforcement is charged WIth the
responsibility of enforcing the Code of Laws and Ordinances of Collier Count)' and the
Land Development Code of Collier County;
WHEREAS. pursuant to Chapter 162, Pall I, Fla. Stat., the Collier County Code
Enforcement Board ma)', upon factual findings of a violation and the violator's failure to
correct or aoate the violation pursuant to a previous Order by the Code Enforcement
Board. impose fines, and costs to repair. by virtue of an Order Imposing Fine/Lien; and
WHEREAS, Section !62.09, Flu. Stat. , provides th<lt the Code Enforcement
Board may authorize the Office of County Attorney to foreclose the lien or to sue to
recover a money judgment for the amount of the lien in the event the fine/lien remains
unpaid three months afler recanting of the Order Imposing Fine/Lien; and
WHEREAS. Secrion 162.09, Fla. Slat., also authorizes the Count)' 10 petition the
coun for enforcement of the order imposing rine and further provides for execution and
Icv.y to the same extent as u ciVIl Judgment; and
WHEREAS, foreclosure. execution and levy. or suits for money judgments, are
often not effcctive methods for the recovery of code enforcement liens; and
WHEREAS, the use of a collection service has proven effective for recovering
other Iypes of fines and/or assessments, and often presents the only cost-effective means
of obtaming partial or total recovery of liens: and
WHEREAS. a collection agenc)' willlypically require thirty percent (30%) of all
amounts collected ~s compensation for ils efforts; and
16A 7
Agenda Item No, 16A12
May 25.2010
Page 4 of 19
WHEREAS, the use of II. collection agency for the collection of code
enforcement liens is a proper and lawful manner of enforcement by the County and in the
best interest of tile public; and
WHEREAS, the Director of Code Enforcement should. under certain specified
conditions. have authority to compromise code enforcement fineslJiens where such
compromise is in accordance with specific criteria determined to be reasonable by this
BolU'd nnd in the best interest of the County. and [0 enter into agreements on behalf of the
County memorializing the terms for such compromise and settlement; and
WHEREAS, che County is required to prepare and record a satisfaction or release
of code enforcement liens as well as a satisfaction of judgments for civil code infractions
in ever)' instance where II lien or civil judgment has been paid; and
WHEREAS, the County wishes to establish criteria for the compromise.
seulement and satisfaction of code enforcement liens and has detcnnined that the policy
set forth in this Resolution is in the best interest of the County.
NOW, THEREFORE, having found thllllhe colleclion and compromise of code
enforcement liens by the Director of Code Enforcement under the criteria set forth herein
is reasonable and in the best interest of the public. BE IT HEREBY RESOLVED BY
THE BOARD OF COuNTY COMMISSIONERS OF COLLIER COUNTY.
"'LORIDA, that:
l. Utilizing the most cost-effective means of enforcing and collecting code
enforcement fines and liens imposed by (he Collier County Code Enforcement Board is
in the best interest of the County. It is the intent and purpose of the County in adopting
this Resolution to set fonh a policy dictating a means of enforcement and collection
under circumstances where it is neither feasible nor cost-effective to pursue foreclosure
or other lega] proceedings for the collection of these fines or liens.
2. To this end, the Director of the Code Enforcement Department is hereby
authorized to collect code enforcemenlliens through the services of an independent debt
collection campHny. This authority may only be eKercised when al] of the following
conditions have occurred:
A. A certified copy of the Order imposing Fine/Lien has been recorded in the
public records of Collier County; and
8. Three months have passed since the recording of the Order Imposing
Fine/Lien and the lien remains unpaid; and
C. The Code Enforcement Board has authorized the Office of County
Attorney to foreclose the lien, sue 10 recover a money judgment, or to
petilion Ihe circuit court for post-judgment enforcement proceedings; and
D. The Office of County Attorney. after conducting a title search and
reviewing the file, has determined that the collection proceedings
described in Section I.C. above are nol cost effective, likely to result in
recovery, legally available to the County. or otherwis.e recommended.
3. The Director of the Code Enforcement Department shall have the
authority to procure the services of an independent colleclion service company
(hereinafter "Collection Agent") whose services provide for payment to the Collection
Agent bwed on a percenrage of the amount recovered, This percentage shall not exceed
thirty-five per cent of the recovery. Under no circumstances may the Collection Agent
negotiate the lieT1 amount to be recovered without the Director's written consent or
instruction.
4. The Director of the Code Enforcement Department may compromise and
settle lhose code enforcement liens which meet specific criteria s.et forth herein, and may
execute and record certain documents necessvry in the execution of this aUlhority.
4.1 Before a code enforcement lien can be compromised pursuant to lhis
Section, all the following conditions must be mer:
A. Fine/lien amount is fIxed and no longer accruing on a periodic basis.
2
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Agenda Item No, 16A12
May 25,2010
Page 5 of 19
7
B. Underlying violation(s) resulting in the fine/lien has been abaled or
corrected by the violalor.
C. The fine/lien amount does not exceed $15,000.
D. The violator has nOI commilted previous or subsequent violations.
E. Payment of the fuJllien amount would impose ascvc:re financial hardshlp
on the violator.
F. The amounl 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.
G. After excluding any portion of the fine/lien payable to a collection service,
the portion of the lien to be collected does not amount to less than twenty*
five percent (25%) of the original lien. For example, the collection agency
is attempting 10 collect $10,000 lien. The Director agrees to accept
$5.000. After accountmg for 30% of $5,000 to the collection agency, the
County collects only $3,500 ($5,000 . $1,500 -= $3,500). $3,500 still
exceeds 25% of (he original lien amount of $10,000.
H. The conditions of Section 2 have been met.
4.2 Any liens totaling more Ihan $15,000, can only be compromised and
satisfied with the approval of the Board of County Commissioners.
4.3 The Director may approve and execute any agreements on behalf of tile
County which are necessary to memorialize the tenns of a compromise and settlement of
a code enforcemenllien in accordance with this Section. These terms may include
periodic payments by the violator in lieu of a lump sum payment so long as these
payments do not extend beyond twelve (! 2) months. The Office of County Attorney
may assist Ihe Director in preparing said agreements and shall approve all such
agreements as to fonn and legal sufficiency. This authonty is limited to only those
individual liens totaling less than $15,000, and which otherwise meet (he criteria set forth
in this Section.
4.4 Once a code enforcement lien has been compromised and full payment of
the compromised amoun! has been received by the County, as verified by the Director, or
staff, the Director may prepare and execute on behalf of the County Ii Satisfaction or
Release of Lien. Office of County Attorney shall approve the ex.ecuted Satisfaction or
Release as 10 fonn and legal sufficiency prior to recording After approval by the
Office of County Allorney, and WIthin thiny (30) days of full payment, the Director, Dr
her/his delegate, shall effectuate recording of the releasing instrument. Each satisfaction
or release shall refer to this Resolution by number as authority for its execution by the
Director of Code Enforcement
4.5 To the ex.tent that other documents are needed to effectuate any action
taken by the Director pursuant to this Seclion, the Director is authorized to prepare and
execute such documents, This provision shall not be construed as pcrmiuing or
authorizing the Director to e;(erctse any authority in violation of Florida law or County
policy and lilW, but rather is intended to encompass ministerial acts necessary to
effectuate, memorialize, Dr implement a ficn compromise contemplated by this Section.
5. The Director is further authorized 10 prepare and e;\ccute on behalf of the
Count)' Satisfactions of Judgment for Final Judgments rendered by the Court forcade
citations issued pUr$uant to Part H. Chapter 162. Florida Statutes. Director, or her/his
staff, shall verify thai full payment has been received by the Clerk's Office or other
County agency. The Office of County Attorney shall approve the executed Satisfaction
of Judgment as 10 form and legal sufficiency prior (0 recording. After approval by [he
Office of County Attorney, the Director, or her/his delegate, shall effectuate recording of
the instrument.
6. The Director may perfonn all such acts as may be necessary Dr appropriate
in connection wilh the exercise of the Huthority granted herein.
7 Nothing contuined herein is intended or shall be construed to create any
rights, entitlements or remedies to the enforcement and collection of a code enforcement
lien in a particular manner by an)' per~on or entity. It is the intent of the Board to merely
articulate a means of compromise and collection when doing so is in the best interest of
3
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Agenda Item No, 16A12
May 25,2010
Page 6 of 19
7
the County and a more cost.effective menns of collecting a code enforcement lien. The
determination of whether a Hen should be compromised or subjected to collection
through a collection agency is made at the diacretion of the Director of Code
Enforcement.
BE IT FURTHER RESOLVED THAT if one or more of the provisions of this
policy should be held contrary to l:Iny provisions of law or contrary to puolic policy. or
shall faT whatever reason be held invalid. then such provision shall be null and void and
shall be deemed severable from the remaining provisions of this Policy and in no way
shall affect the validity of all other provisions of this policy.
BE IT FURTHER RESOLVED THAT this policy shull become effective
immediately upon the adoption of this Resolution.
This Resolution is hereby duly adopLed on this ~ day of September. 2001.
after malian, second and majority vote favoring its adoption.
OAttD;~~It.,,, '
A1'rE.!!T' < ':'..
DWI()lIT E, BR,QCK, Clerk
]~.~~ )l,C-.
-:....:..:.. > ,,'.~ .; ,DeputyClerk
,~tt..t, -"to thilrun'.
.'tq;,.~..r. 101).
BOARD OF COUNTY COMMISSIONERS
COLLffi~
By:
JAMES . CARTER. Ph,D.. Chairman
EXECUTIVE SUMMARY
Agenda Item No. 16A12
May 25, 2010
Page 7 of 19
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.
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.
CONSIDERA TIONS:
The existing Resolution, Resolution No. 2001-316, provides procedures and criteria for settling
and compromising code enforcement liens and authorizes the Director of the Code Enforcement
Department to compromise and settlc code enforcement liens that do not exceed $15,000.00.
On April 13, 2010, agenda item I 6A] 0 was moved to item 10D in order to discuss tile 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 ofthe 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 Ent':>rcement 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. 16A12
May 25, 2010
Page 8 of 19
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 incentivize 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 action. -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
Agenda Item No. 16A 12
May 25, 2010
Page 9 of 19
RESOLUTION 2001-316
RESOLUTION AUTHORIZING THE DIRECTOR
OF THE CODE ENFORCEMENT DEPARTMENT,
AS DESIGNEE OF THE COUNTY MANAGER
f.DM~nSTR.^.TOR, TO UTILIZE A
COLLECTION AGENCY FOR THE
COLLECTION OF CODE ENFORCEMENT
LIENS; TO RECOMMEND COMPROMISE AN9
SETTLEMENT OF CODE ENFORCEMENT
LIENS, USING MEBTmG SPECIFIED CRITERIA
l.ND NOT EXCEEDmG $15,000; TO EXECUTE
SETTLE!\ffiNT :\GREBMENTS EFFECTU:\ T~IG
SUCII COMPROMISE :\ND SETTLEMENT OF
LIENS; TO EXECUTE AND RECORD
SA TlSFACTlONS OF LIEN AND
SATISFACTIONS OF JUDGMENT IN CERTAIN
CIRCUMSTANCES; AND TO PERFORM SUCH
ACTS NECESSARY TO THE SETTLEMENT OF
CODE ENFORCEMENT LIENS.
WHEREAS, Article VIII, Section I, Fla. Const., provides the Board of County
Commissioners (hereinafter "Board") as the governing body of Collier County, with powers of
self-government as provided for by general or special law; and
WHEREAS, certain of these powers have been enumerated in Section 125.01(1), Fla.
Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and
prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the
power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01(3), Fla, Stat., provides all implied powers necessary or
incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall
be liberally construed in order to effectively carry out the purposes of this section and to secure
for the counties the broad exercise of home rule powers; and
WHEREAS, the County Manal?er /.dmiHistmtor is responsible for the administration of
all departments of the county government which the Board has authority to control pursuant to
Chapter 125, Part III, the general laws of Florida and other applicable legislation; and
WHEREAS, the Director of Code Enforcement is charged with the responsibility of
enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code
of Collier County;
WHEREAS, pursuant to Chapter 162, FaFt---f.;- Fla. Stat., the Collier County Code
Enforcement Board and Special Magistrate may, upon factual findings of a violation and the
violator's failure to correct or abate the violation pursuant to a previous Order by the Code
1
Agenda Item No. 16A12
May 25, 2010
Page 10 of 19
Enforcement Board or Special Magistrate, impose fines, and costs to repair, by virtue of an Order
Imposing Fine/Lien; and
WHEREAS, Section 162.09, Fla, Stat., provides that the Code Enforcement Board ill:
Special Magistrate may authorize the Office of the County Attorney to foreclose the lien or to
sue to recover a money judgment for the amount of the lien in the event the fine/lien remains
unpaid three months after recording of the Order Imposing Fine/Lien; and
WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court
for enforcement of the order imposing fine and further provides for execution and levy to the
same extent as a civil judgment; and
WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not
effective methods for the recovery of code enforcement liens; and
WHEREAS, the use of a collection service has proven effective for recovering other
types of fines and/or assessments, and often presents the only cost-effective means of obtaining
partial or total recovery of liens; and
WHEREAS, a collection agency will typically require thirty percent (30%) of all
amounts collected as compensation for its efforts; and
WHEREAS, the use of a collection agency for the collection of code enforcement liens
is a proper and lawful manner of enforcement by the County and in the best interest of the
public; and
WHEREAS, the Direetor of Coee Earorecment shoalE!, wHler eertaia 9pceifiea
eoaaitioas, have authority to osmpremise eode enforeement fiRei>'lieRG .",.here sHeh esmpremise
is iR aeeoraaaee with speeific sriteria determinee to be reasoaable by this Board aae iR the best
interest of the County, aile to enter iBIs agreemeRts OR behalf of the CoaElty memerializing the
terms for s\leh sompromise and settlemeal; aad
WHEREAS, the County is required to prepare and record a satisfaction or release of
code enforcement liens as well as a satisfaction of judgments for civil code infractions in every
instance where a lien or civil judgment has been paid; and
WHEREAS, the County wishes to establish criteria for the compromise, settlement and
satisfaction of code enforcement liens and has determined that the policy set forth in this
Resolution is in the best interest of the County,
NOW, THEREFORE, having found that the collection and compromise of code
enforcement liens by the Director of Code Enforcement under the criteria set forth herein is
reasonable and in the best interest of the public,
BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. Utilizing the most cost-effective means of enforcing and collecting code
enforcement fines and liens imposed by the Collier County Code Enforcement Board or Special
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Agenda Item No. 16A12
May 25, 2010
Page 11 of 19
Magistrate is in the best interest of the County. It is the intent and purpose of the County in
adopting this Resolution to set forth a policy dictating a means of enforcement and collection
under circumstances where it is neither feasible nor cost-effective to pursue foreclosure or other
legal proceedings for the collection of these fines or liens.
2.
to collect
company.
occurred.
To this end, the Director of Code Enforcement Department is hereby authorized
code enforcement liens through the services of an independent debt collection
This authority may only be exercised when all of the following conditions have
A.
A certified copy of the Order Imposing Fine/Lien has been recorded in the public
records of Collier County; and
Three months have passed since the recording of the Order Imposing Fine/Lien
and the lien remains unpaidt-llfl6~
The Cade EBforeemeBt Beare has alithoRzea the OfHee sf Ca\lBty Attorney te
fereslese the lieB, SHe to reeoyer a moaey juagmeftt, or to petitioB the cirsHit eelift
for post jadgmeflt eBfersemeBt proeeediags; aBd
The Offise of County :\ttorney, after eOllaastiag a title seaTeh aHa re'.'iew'.ag the
file, has detelffiiFlee that the eolleetioB praeeeaiBgs clessrieeEl iB SeetioB l.c.
aeaye are !let eest effeetive, likely te resalt iB resaYe!')', legally available to the
Coaaty, or otherwise reeommeBeecl.
B.
C.
D.
3. The Director of the Code Enforcement Department shall have the authority to
procure the services of an independent collection service company (hereinafter "Collection
Agent") whose services provide for payment to the Collection Agent based on a percentage of
the amount recovered. This percentage shall not exceed thirty five thirtv percent of the recovery.
Under no circumstances may the Collection Agent negotiate the lien amount to be lill.i4 reeaverea
'.vithOlil the Director's writteB eeBseflt or iflstruction.
4. The Director of the Code Enforcement Department may s8mpremise ana
recommend settlement of those code enforcement liens whieh meet. upon consideration of
specific criteria set forth herein, and may ~prepare aad reeeffi certain documents
necessary in the execution of this authority. subiect to Board approval.
4. I Before a code enforcement lien settlement recommendation is made to the Board,
eoo be eempromised pllfSlIaat te this Seetion, aH-efthe following conditions must be met taken
into consideration:
A. Fine/lien amount is fixed and no longer accruing on a periodic basis,
B. Underlying violation(s) resulting in the fine/lien has been abated or corrected by
the violator.
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Agenda Item No. 16A12
May 25,2010
Page 12 of 19
C. The fiae/lieB affieant aoes Bst eJ!seea $15,990. Historv of violations involving
the offering party,
D.
E. Extent to which pFayment of the full lien amount would impose a severe [mancial
hardship on the '
F. 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.
G. After eJ(eltlaillg aay pertieB of the fiBe!lieB payable te a eellectioll serviee, the
pertieB of the liea te be eonestea aees Bot amooot to less that tweBty five persent (25~<.) of the
origillalliea, For eJ(ample, the eollestioB ageflcy is attemfltiBg te eellest $10,000 lieB, The
Director agrees to aceept $5,000. .'.fIer aceolffiliBg f-or 30% ef$5,900 to the eollestioB agellsy,
the Ce\illty eolleets eBly $3,599 ($5,000 $1,509 $3,5(0). $3,509 still el(eeeaS 25% of the
erigiBallieB amoant of $1 0,000.
H. The sOBaitieas of SestioB 2 have BeeB met.
4,2 .^-flY liens totaliBg mere thaB $15,099, saa oflly be eempremisee and satisfiea
with the appro'flll of the Boare of Ceanty Commissiollers. All liens. excluding anv that have
been fullv paid, must be formally released with the approval of the Board of County
Commissioners.
1.3 The Direetor may appfS"fe and el(eclite any agreements on Behalf of the County
whish are Ilesessary to memorialize the terms of a sompremise aaa settlement of a code
cBforsemeflt liefl iB accoreaflce with this SestieB. These terms may illclude perioaie pa) meats
by thee vielator iB liea of a lump sum payment so loag as these paymellts do Ilot eJ(teBa beyoBa
tweJ-.'e (12) mOBths. The Offiee ef Coanty .^-nemey may assist the Direstor in prepariflg saia
agreements and shall appreve all sHeh agreements as to form aBe saffisieacy. This alitheority is
limited to eBly these iflai-.'iooallieBs tetaliBg less than $15,000, aaa "J/hick etherwise meet the
criteria set forth iB tais Seetion.
4,4 4.3 Once a code enforcement lien has been compromised bv Board approval and full
payment of the compromised amount has been received by the County, as verified by the
Director, or his/her designee staff, the Direster may prej3are and el(ecule eB Behalf ef the County
a Satisfaction and/or Release of Lien shall be prepared for the Board Chairman's signature.
4
Agenda Item No. 16A12
May 25, 2010
Page 13 of 19
Gmee of ColiFlty .^.ttomey shall appre'/e the eJeeelitea 8atisfaetioH er Release as ts fOFm aaa
legal seffieieBey prier to reeonling. .^.fter approval by the Offiee of County ."'!tomey, aaa
wY{ithin thirty (30) days of Board approval full payment, the Director, or hislher deshmee
aelegate, shall effectuate recording of the releasing instrument. Eaeh satisfaetioB sr release sllall
r-efor to this ReselutioB by Bamber as alithority for its eJleeutioB by the Direeler sf Coae
EBforeemeBt.
4c)4.4 To the extent that other documents are needed to effectuate any action taken by
the Director pursuant to this Section, the Director is authorized to prepare and execute such
documents. This provision shall not be construed as permitting or authorizing the Director to
exercise any authority in violation of Florida law or County policy and law, but rather is intended
to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien
compromise contemplated by this Section.
5. The Director is further authorized to prepare and execute on behalf of the County
Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued
pursuant to part II, Chapter 162, Florida Statutes. Director, or herlhis staff, shall verifY that full
payment has been received by the Clerk's Office or other County agency. The Office of County
Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency
prior to recording. After approval by the Office of County Attorney, the Director, or her/his
designee aelegate, shall effectuate recording of the instrument.
6. The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise of the authority granted herein.
7. Nothing contained herein is intended or shall be construed to create any rights,
entitlements or remedies to the enforcement and collection of a code enforcement lien in a
particular manner by any person or entity. It is the intent of the Board to merely articulate a
means of compromise and collection when doing so is in the best interest of the County and a
more cost effective means of collecting a code enforcement lien. The determiflation
recommendation of whether a lien should be compromised or subjected to collection through a
collection agency is made at the discretion of the Director of Code Enforcement.
8. The Director of the Code Enforcement Department. or hislher designee. mav record the
Release and Satisfaction of Lien for those code enforcement liens which have been fullv paid.
BE IT FURTHER RESOLVED THAT if one or more of the provisions of this policy
should be held contrary to any provisions of law or contrary to public policy, or shall for
whatever reason be held invalid, then such provision shall be null and void and shall be deemed
severable from the remaining provisions of this policy and in no way shall affect the validity of
all other provisions of this policy.
BE IT FURTHER RESOLVED THAT this policy shall become effective immediately
upon the adoption of this Resolution, and it shall supersede Resolution 2001-316.
5
Agenda Item No. 16A12
May 25, 2010
Page 14of19
This Resolution is hereby duly adopted on this _ day of
motion, second and majority vote favoring its adoption.
2010, after
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
JeffE. Wright, Assistant County Attorney
6
Agenda Item No. 16A12
May 25, 2010
Page 15 of 19
RESOLUTION 2010-_
RESOLUTION AUTHORIZING THE DIRECTOR
OF THE CODE ENFORCEMENT
DEPARTMENT, AS DESIGNEE OF THE
COUNTY MANAGER, TO UTILIZE A
COLLECTION AGENCY FOR THE
COLLECTION OF CODE ENFORCEMENT
LIENS; TO RECOMMEND SETTLEMENT OF
CODE ENFORCEMENT LIENS, USING
SPECIFIED CRITERIA; TO EXECUTE AND
RECORD SATISFACTIONS OF LIEN AND
SATISFACTIONS OF JUDGMENT IN CERTAIN
CIRCUMSTANCES; AND TO PERFORM SUCH
ACTS NECESSARY TO THE SETTLEMENT OF
CODE ENFORCEMENT LIENS.
WHEREAS, Article VIII, Section I, Fla. Const., provides the Board of County
Commissioners (hereinafter "Board") as the governing body of Collier County, with powers of
self-government as provided for by general or special law; and
WHEREAS, certain of these powers have been enumerated in Section 125.01(1), Fla.
Stat., to include: (I) the power to adopt resolutions necessary for the exercise of its powers and
prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the
power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or
incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall
be liberally construed in order to effectively carry out the purposes of this section and to secure
for the counties the broad exercise of home rule powers; and
WHEREAS, the County Manager is responsible for the administration of all departments
of the county government which the Board has authority to control pursuant to Chapter 125, Part
III, the general laws of Florida and other applicable legislation; and
WHEREAS, the Director of Code Enforcement is charged with the responsibility of
enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code
of Collier County;
WHEREAS, pursuant to Chapter 162, Fla. Stat., the Collier County Code Enforcement
Board and Special Magistrate may, upon factual findings of a violation and the violator's failure
to correct or abate the violation pursuant to a previous Order by the Code Enforcement Board or
Special Magistrate, impose fines, and costs to repair, by virtue of an Order Imposing Fine/Lien;
and
Agenda Item No. 16A12
May 25, 2010
Page 16 of 19
WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board or
Special Magistrate may authorize the Office of the County Attorney to foreclose the lien or to
sue to recover a money judgment for the amount of the lien in the event the fine/lien remains
unpaid three months after recording of the Order Imposing Fine/Lien; and
WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court
for enforcement of the order imposing fine and further provides for execution and levy to the
same extent as a civil judgment; and
WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not
effective methods for the recovery of code enforcement liens; and
WHEREAS, the use of a collection service has proven effective for recovering other
types of fines and/or assessments, and often presents the only cost-effective means of obtaining
partial or total recovery of liens; and
WHEREAS, a collection agency will typically require thirty percent (30%) of all
amounts collected as compensation for its efforts; and
WHEREAS, the use of a collection agency for the collection of code enforcernent liens
is a proper and lawful manner of enforcement by the County and in the best interest of the
public; and
WHEREAS, the County is required to prepare and record a satisfaction or release of
code enforcement liens as well as a satisfaction of judgments for civil code infractions in every
instance where a lien or civil judgment has been paid; and
WHEREAS, the County wishes to establish criteria for the compromise, settlement and
satisfaction of code enforcement liens and has determined that the policy set forth in this
Resolution is in the best interest of the County.
NOW, THEREFORE, having found that the collection of code enforcement liens by the
Director of Code Enforcement under the criteria set forth herein is reasonable and in the best
interest ofthe public,
BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. Utilizing the most cost-effective means of enforcing and collecting code
enforcement fines and liens imposed by the Collier County Code Enforcement Board or Special
Magistrate is in the best interest of the County. It is the intent and purpose of the County in
adopting this Resolution to set forth a policy dictating a means of enforcement and collection
under circumstances where it is neither feasible nor cost-effective to pursue foreclosure or other
legal proceedings for the collection of these fines or liens.
2. To this end, the Director of Code Enforcement Department is hereby authorized
to collect code enforcement liens through the services of an independent debt collection
2
Agenda Item No. 16A12
May 25, 2010
Page 17 of 19
company, This authority may only be exercised when all of the following conditions have
occurred.
A. A certified copy of the Order Imposing Fine/Lien has been recorded in the public
records of Collier County; and
B. Three months have passed since the recording of the Order Imposing Fine/Lien
and the lien remains unpaid.
3. The Director of the Code Enforcement Department shall have the authority to
procure the services of an independent collection service company (hereinafter "Collection
Agent") whose services provide for payment to the Collection Agent based on a percentage of
the amount recovered. This percentage shall not exceed thirty percent of the recovery. Under no
circumstances may the Collection Agent negotiate the lien amount to be paid.
4. The Director of the Code Enforcement Department may recommend settlement of
those code enforcement liens, upon consideration of specific criteria set forth herein, and may
prepare certain documents necessary in the execution of this authority, subject to Board
approval.
4.1 Before a code enforcement lien settlement recommendation is made to the Board,
the following conditions must be taken into consideration:
A. Fine/lien amount is fixed and no longer accruing on a periodic basis,
B. Underlying violation(s) resulting in the fine/lien has been abated or corrected.
C. History of violations involving the offering party.
D. For code enforcement liens and fines on a property that has new ownership, fines
that accrued prior to transfer of title would be considered for waiver so long as the
new owner has diligently pursued abatement and compliance has been achieved,
E. Extent to which payment of the full lien amount would impose a severe financial
hardship on the property owner; fines accrued by an existing owner would be
considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved.
F. 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.
4.2 All liens, excluding any that have been fully paid, must be formally released with
the approval of the Board of County Commissioners.
3
Agenda Item No. 16A12
May 25, 2010
Page 18 of 19
4.3 Once a code enforcement lien has been compromised by Board approval and full
payment of the compromised amount has been received by the County, as verified by the
Director, or hislher designee, a Satisfaction and/or Release of Lien shall be prepared for the
Board Chairman's signature. Within thirty (30) days of Board approval, the Director, or hislher
designee, shall effectuate recording of the releasing instrument.
4.4 To the extent that other documents are needed to effectuate any action taken by
the Director pursuant to this Section, the Director is authorized to prepare and execute such
documents. This provision shall not be construed as permitting or authorizing the Director to
exercise any authority in violation of Florida law or County policy and law, but rather is intended
to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien
compromise contemplated by this Section,
5, The Director is further authorized to prepare and execute on behalf of the County
Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued
pursuant to part II, Chapter 162, Florida Statutes. Director, or herlhis staff, shall verify that full
payment has been received by the Clerk's Office or other County agency. The Office of County
Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency
prior to recording. After approval by the Office of County Attorney, the Director, or herlhis
designee, shall effectuate recording of the instrument.
6. The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise of the authority granted herein.
7. Nothing contained herein is intended or shall be construed to create any rights,
entitlements or remedies to the enforcement and collection of a code enforcement lien in a
particular manner by any person or entity. It is the intent of the Board to merely articulate a
means of compromise and collection when doing so is in the best interest of the County and a
more cost effective means of collecting a code enforcement lien. The recommendation of
whether a lien should be compromised or subjected to collection through a collection agency is
made at the discretion of the Director of Code Enforcement.
8. The Director of the Code Enforcement Department, or hislher designee, may record the
Release and Satisfaction of Lien for those code enforcement liens which have been fully paid.
BE IT FURTHER RESOLVED THAT if one or more of the provisions of this policy
should be held contrary to any provisions of law or contrary to public policy, or shall for
whatever reason be held invalid, then such provision shall be null and void and shall be deemed
severable from the remaining provisions of this Policy and in no way shall affect the validity of
all other provisions of this policy.
BE IT FURTHER RESOLVED THAT this policy shall become effective immediately
upon the adoption of this Resolution, and it shall supersede Resolution 2001-316.
4
Agenda Item No. 16A12
May 25,2010
Page 190f19
This Resolution is hereby duly adopted on this _ day of
motion, second and majority vote favoring its adoption.
2010, after
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
1\
5