Backup Documents 05/09/2023 Item #10A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office JAK/MB 5/12/23
4. BCC Office Board of County RL by MB 5/12/23
Commissioners [s]
5. Minutes and Records Clerk of Court's Office :1
r Vu�C� 122 23
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 5/9/23 Agenda Item Number 10.A
Approved by the BCC
Type of Document(s) Resolution �D�_. Ro Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name; Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman, with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_5/9/23_and all changes made during N/A is riff)
the meeting have been incorporated in the attached document. The County Attorney an option 4,4
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an o tion fps
Chairman's signature.
Please email a completed copy to
Madison.Bird@Colliercountyfl.gov
I: Forms/County Forms/BCC Forn.. J5;2.24.05; 11/30/12;4/22/16;9/10/21
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RESOLUTION NO. 2023 -90
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
develop a formal, written application for use with the Lien Relief Program to be reviewed and
approved by the Board. Only liens resulting from code violations are eligible.
2. In order to qualify for the Lien Relief Program the following criteria must be met by the
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/or closing documents, if any, 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.
B. Underlying violation(s) resulting in the lien has been abated.
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 assessed value of the property. The "assessed value" shall be the Collier
County Property Appraiser's assessed 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 assessed 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 yid` day of Inoty , 2023.
ATTEST: •..... ^,c• BOARD OF COUNTY COMMISSIONERS
Crystal K'Kinzel, Clerk" Courts COLLIER COUNTY, FLORIDA
..°-/-47
By: By:
c ,..
Attest as to.Chairman,De. y Cler Rick LoCastro, Chairman
iE=, s1g :turIrta n!Y 1 ;�`��
Appre #'1,titgAiiis iorm and legality:
im
Jeffrey` . Kl;'', kow, County Attorney
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