Agenda 05/09/2023 Item #10A (Resolution - Amending the Policies relating to Code Enforcement Liens)10.A
05/09/2023
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution updating the policies relating to code enforcement liens, direct staff
to revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss and reinforce with
the Code Enforcement Board and Special Magistrate the parameters for the imposition of fines for code
violations.
OBJECTIVE: To adopt a Resolution updating the policies relating to code enforcement liens, direct staff to
revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss with the Code Enforcement
Board and Special Magistrate the parameters for the imposition of fines for code violations during the upcoming
public meetings
CONSIDERATIONS:
On March 14, 2023, the Board directed the County Attorney to review and consider changes to the current code
enforcement lien forgiveness policy and to review the enforcement mechanism for the imposition of fines by the
Code Enforcement Board and Special Magistrate. The proposed Resolution repeals Resolution 2012-46 and creates
a more formal application process for property owners seeking relief from code enforcement liens.
The proposed Resolution does the following:
1. Creates a formal written application process where the property owner is required to complete an
application and supply supporting documentation
2. Imposes a $150 non-refundable application fee
3. Requires all hard costs and administrative fees to be paid at the time of application
4. Requires all code violations to be abated prior to the submission of the application
5. Requires all ad valorem property taxes, special assessments, utility charges, or other County fines or
liens be paid prior to the submission of the application
6. Requires the property to have no expired permits and the property's use to be consistent with the
permitted uses and zoning laws of the County
7. Requires closing documents and title insurance information if the applicant is applying as a new owner
of the property and was not the owner responsible for the violation
8. Requires that the lien may be reduced to a sum not to exceed 10% of the market value of the property
for non -repeat violators and 20% of the market value of the property for repeat violators
In considering changes to the lien forgiveness policy, it was determined further review is needed by staff to revisit
its procedures for prosecuting code enforcement cases before the Code Enforcement Board and Special Magistrate
to confirm any reduction in accrued daily fines, based upon the mitigating factors set forth in Fla. Stat. 162.09, is
consistent with Code Enforcement's goal of obtaining compliance from the property owner. Although the
underlying goal of the Code Enforcement Division is compliance, the underlying collection of fines is also
necessary to ensure violators are held accountable and encouraged to promptly abate violations.
Pursuant to Fla. Stat. 162.09, in determining the amount of a fine imposed, if any, the Code Enforcement Board and
Special Magistrate shall consider the following factors when ordering an imposition of fines or reducing the amount
of fines imposed:
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(1) The gravity of the violation;
(2) Any potential health, safety, and welfare issues;
(3) Any actions taken by the violator to correct the violation;
(4) Any previous violations committed by the violator;
(5) Any other relevant factors.
It is recommended that County staff discuss and reinforce the importance of a full evaluation of the underlying
factors relating to the imposition of fines with both the Code Enforcement Board and Special Magistrate at this time
to confirm any reduction in accrued daily fines is consistent with the factors outlined above. Additionally, the
County Attorney's Office is working with both the Special Magistrate and attorney for the Code Enforcement
Board to establish written forms for the violators to complete in advance of the hearing as part of the Rules and
Regulations for the quasi-judicial hearings. The forms will allow the violator to disclose the facts and documents in
support of the mitigating factors above, so the Code Enforcement Board and Special Magistrate are apprised of all
factors when ordering an imposition of fines. The Code Enforcement staff will also be reviewing its procedures for
presenting cases to the Code Enforcement Board and Special Magistrate to ensure the cases are presented in a
robust fashion with all relevant facts relayed to the Code Enforcement Board and Special Magistrate, including a
staff recommendation of whether the mitigating factors are present prior to the imposition of fines.
Additionally, to address the properties that experience ongoing, daily fines with values accruing to over the values
of the properties in question, Code Enforcement will report to the Board of County Commissioners annually and
upon request a report outlining the outstanding total amount of fines, amount of invoiced costs incurred by the
County for abatement related services, whether the property is protected by homestead and whether the violation
has been abated. This will allow the Board to direct any necessary corrective action using any legal means possible.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None at this time.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. CK
RECOMMENDATION: To adopt a Resolution updating the policies relating to code enforcement liens, direct
staff to revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss with the Code
Enforcement Board and Special Magistrate the parameters for the imposition of fines for code violations during the
upcoming public meetings.
Prepared by: Commissioner Rick LoCastro, Chairman, District 1
ATTACHMENT(S)
1. Resolution - Code Lien Relief Program - rev. 4.14.23 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 25365
Item Summary: Recommendation to adopt a Resolution updating the policies relating to code enforcement liens,
direct staff to revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss and reinforce
with the Code Enforcement Board and Special Magistrate the parameters for the imposition of fines for code
violations. (Sponsored by Commissioner LoCastro)
Meeting Date: 05/09/2023
Prepared by:
Title: Operations Analyst — Planning Commission
Name: Diane Lynch
04/26/2023 5:03 PM
Submitted by:
Title: Department Head - GMD — Growth Management and Community Development Department
Name: James C French
04/26/2023 5:03 PM
Approved By:
Review:
Code Enforcement Thomas landimarino Additional Reviewer
Code Enforcement Michael Ossorio Additional Reviewer
Growth Management and Community Development Department Diane Lynch
Growth Management and Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Colleen Kerins Level 2 Attorney Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke Additional Reviewer
Ed Finn Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 04/27/2023 8:28 AM
Completed 04/28/2023 10:32 AM
Growth Management DepartmentCompleted
05/01/2023 11:30 AM
Growth Management Completed
05/01/2023 3:00 PM
Completed 05/02/2023 9:09 AM
Completed 05/02/2023 9:11 AM
Completed 05/02/2023 9:48 AM
Completed 05/02/2023 10:29 AM
Completed 05/03/2023 4:08 PM
05/09/2023 9:00 AM
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RESOLUTION NO.2023 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, REPEALING AND REPLACING RESOLUTION NO. 2012-46,
THE CODE ENFORCEMENT LIEN RELIEF PROGRAM.
WHEREAS, Article VIII, Section 1, 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 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, 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
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 paid 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, Collier County adopted Resolution No. 2012-46 to establish criteria for the Code
Enforcement Director with respect to the reduction Code Enforcement liens; and
WHEREAS, Resolution No. 2012-46 was adopted in part to help deal with the foreclosure crisis
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that resulted from the Great Recession, and
WHEREAS, 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; and
WHEREAS, with changing times the Board finds that updating and amending the Code
Enforcement Lien Relief Program for Collier County is in the public interest and in the best interest
of the health, safety and welfare of the citizens of Collier County by encouraging property owners
to bring the property into compliance with County codes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIMSSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The County Manager or his/her designee (hereinafter the "County Manager") shall
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develop a formal, written application for use with the Lien Relief Program to be reviewed and N
approved by the Board. Only liens resulting from code violations are eligible.
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2. In order to qualify for the Lien Relief Program the following criteria must be met by the 7
applicant:
A. The formal, written application shall be completed in its entirety and submitted to the
County Manager. The County Manager may request additional information in order to process
the application. All code liens associated with the applicant's parcel shall be included in the
application.
B. The non-refundable application fee for the lien reduction of $150 shall be paid upon
submittal of the application. The application fee is meant to offset the County's cost in
evaluating the application, including the need to review case files and the compliance status
of the property.
C. All administrative fees and hard costs associated with the code lien(s) must be paid at
the time of the submission of the application.
D. The underlying violation(s) that resulted in the fine/lien must have been abated or
corrected and the fine/lien amount is fixed and no longer accruing on a periodic basis.
E. As part of the application, the applicant shall provide a list of all properties owned
by the applicant. The applicant must not have any active code violations on any other
property in Collier County.
F. All ad valorem property taxes, special assessments, Collier County utility charges or
other Collier County fees or liens against the subject real property and all other properties
owned by the applicant must be current.
G. There are no expired permits on the subject property or any property owned by the
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applicant or managing member of the applicant in the county.
H. The property is being used consistent with the permitted uses and is in compliance
with the zoning laws of the County.
I. If the applicant for the Lien Relief Program is a new owner the application must
include the title insurance policy and closing documents related to the purchase of the
property. If the title policy noted the outstanding code lien, or if the applicant failed to obtain
a title report prior to purchase, a lien reduction may not be granted.
3. The County Manager shall review the application to determine if the applicant is eligible
for the requested relief prior to making a recommendation to the Board of County
Commissioners. The recommendation may be to approve or deny the request or to approve the
request with conditions. Before a lien settlement is recommended to the Board, the following
conditions must be taken into consideration:
A. Lien amount is fixed and no longer accruing on a periodic basis. N
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B. Underlying violation(s) resulting in the lien has been abated. N
C. History of violations involving the applicant.
D. Extent to which payment of the full lien would impose a severe financial hardship
on the property owner and the measurable expenses incurred when bringing the
property into compliance.
E. The diligent pursuit of the applicant to bring the property into compliance.
4. If the recommendation is for approval, the lien shall be reduced to a sum not to exceed ten
percent (10%) of the market value of the property. The "market value" shall be the Collier County
Property Appraiser's market value established at the time of filing a fully completed application
for a lien reduction and payment of the applicable fee. If the applicant has been found to have
repeat violations as determined by the Code Enforcement Board or Special Magistrate at the
subject property or any other property within the last 5 years, the reduced lien shall not exceed
twenty percent (20%) of the market value of the property as determined by the most recent value
as set forth by the Collier County Property Appraiser.
5. The Board, on good cause shown, may elect to deny any recommendation for approval, or
impose conditions for approval it deems appropriate. The Board may deny any application made
one year after the recording of the lien.
6. 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
County Manager, a Satisfaction and/or Release of Lien shall be prepared for the Board
Chairman's signature. Within thirty (30) days of Board approval, and upon payment of the
reduced lien, the County Manager shall effectuate recording of the releasing instrument. If
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payment is not timely received, the application will be deemed denied ab initio and no reduction
shall take place.
7. The County Manager shall report annually and upon request to the Board of County
Commissioners with a report containing the code case information, amount of invoiced costs
incurred by the County for abatement related services, total amount of fines accrued, whether
the property is homestead property and whether the underlying violation has been abated.
8. In addition to the reduction of liens described above, the County Manager shall be
authorized to execute a release of a code lien which has been deemed by the County Attorney's
Office to be legally unenforceable or uncollectible in that the statute of limitations relating to the
lien has expired; the lien was properly foreclosed by order of an appropriate court with jurisdiction;
the lien was properly discharged in a bankruptcy proceeding by order of a bankruptcy court; the
property encumbered by the lien is currently owned by the county; and for any other reason as
determined by the County Attorney that establishes the legal unenforceability or uncollectibility
of a lien. If issued, the county shall record the release of lien in the official records for the county.
9. 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. The procedures in this Resolution are not intended to create additional
substantive rights or procedural due process rights as the considerations and determinations within
this Resolution are administrative actions as to whether to accept less for a debt owed to the
County.
10. Resolution No. 2012-46 is hereby repealed in its entirety and superseded by this
Resolution.
THIS RESOLUTION ADOPTED upon majority vote this day of , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts
COLLIER COUNTY, FLORIDA
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
CO)
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