Agenda 04/13/2010 Item #16A10
EXECUTIVE SUMMARY
Agenda Item No, 16A 10
April 13, 2010
Page 1 of 13
Recommendation to adopt an amending and snperseding resolution to Resolution 2001-
316, in order to amend the Code Enforcement Director's authority in regard to code
enforcement liens.
OBJECTIVE:
To obtain Board approval to amend the Code Enforcement Director's authority in settling and
compromising code enforcement liens.
CONSIDERATIONS:
Resolution No. 2001-316 (attached to this Executive Summary) provides procedures and criteria
for settling and compromising code enforcement liens. Under the current Resolution, the
Director of the Code Enforcement Department may compromise and settle code enforcement
liens that do not exceed $15,000.00 which meet specific cri1eria. The proposed Resolution would
amend these procedures and criteria and require Board approval for settlement and compromise
of code liens with a recommendation by the Code Enforcement Director.
In addition, a new Section 5.5 is added to encourage code compliance while protecting
homesteads in Collier County:
5.5 For all code enforcement liens on residential property that has new
ownership due to a duress sale, such as a foreclosed or short-sale property, where the new
owner has declared a homestead, the Code Enforcement Director may recommend
complete waiver of accrued fines (bu1 not costs) where abatement has taken place, subject
to Board approval.
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
RECOMMENDA nON:
That the Board adopt and authorize the Chairman to sign a resolution amending and superseding
Resolution No. 2001-316, to amend the Code Enforcement Director's settlement authority.
PREPARED BY:
Diane B. Flagg, Code Enforcement Director
Agenda Item No. 16A 10
April 13, 2010
Page 2 of 13
RESOLUTION 2001-316
RESOLUTION AUTHORIZING THE DIRECTOR OF THE
CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE
OF THE COUNTY ADMINISTRATOR, TO UTILIZE A
COLLECTION AGENCY FOR THE COLLECTION OF
CODE ENFORCEMENT LIENS; TO COMPROl\fISE AND
SETTLE CODE ENFORCEMENT LIENS MEETING
SPECIFIED CRITERIA f.ND NOT EXCEEDlNC $16,000;
TO EXECUTE SETTLEMENT J.CREEMENTS
EFFECTUATINC SUCH COMPROMISE AND
SETTLEMENT OF LIENS; 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 fmes 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 Sec1ion 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 .'\am.inistrator 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, J!aH.-+, 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 aba1e 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. 16A10
April 13, 2010
Page 3 of 13
WHEREAS, Section 162,09 Fla, Stat. provides that the Code Enforcement Board ill:
Special MaJ<istrate 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 FinelLien; 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 sui1s 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 presen1s the only cost-effective means of obtaining
partial or total recovery ofIiens; 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
WHERE."I's, the Director of Code EnforcelBeat should, \uider eertllia sj'leeified
eoaditiolls, ha'/e IlUthsrity te SSfIlJlFelBise esse eafereement Hae5/lieas where slIeh eeHlflrelBise
is ia aeeenlanee with sfleeifie eAteria dete!ffiiaed to Ile reltSsllable Il) this Bears and ia the Ilest
iaterest ef the Ce\\llty, MS te eater iato agFeelBeats oa behalf ef the Cellntj' lBelBorilllizing lIle
terms fer saeh eelBflFolBise and settlelBeat; 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 aad eOHlflr8lBise 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
Mal!i5trate 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 enforcemen1 and collection
2
Agenda Item No, 16A 10
April 13, 2010
Page 4 of 13
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,
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 unpaid;--aae~
The Ceele ERfereelReftt BearelhaG EIIHlieFizseel the Offiee ef Cellllt)' f.ttemey te
fereelese lhe lien, slle Ie reeeyer a lReney jllagmenl, er te petitien the eirellit eeurt
fer pest jaelgH'leftt enfereement preeeeelings; ana
The Offiee ef Celtllt) ."ttteme)', after eeooaeting a title se!lfeh ana Fe iiewiHg the
file, has aetermineel that the eelleetion preeeeaings eleserlbea in Seelien I.C,
abeve are net ee5t effeeti'ie, likely te reDalt in rese'ier)', legally lwailaele te the
Cel:lfll)', er etherwise reeemrnenaed.
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 percen1age of
the amount recovered. This percen1age shall not exceed thirty five 1!lli:lY.....Percent of the
recovery. Under no circums1ances may the Collection Agent negotiate the lien amount to be
I1J!iQ ree13','erea llithel:lt the Direeter's .Hitten eea5eftt er iastruetisa.
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.
B.
C,
D.
4. The Director of the Code Enforcement Department mav record the Release and
Satisfaction of Lien for those code enforcement liens which have been fullv paid.
4~. The Director of the Code Enforcement Department may eefllIlremiGe Bfla
recommend settlement of those code enforcement liens which meet specific criteria set forth
herein, and may ~prepare llflEl reeerd certain documents necessary in the execution of this
authority. subiect to Board approval.
4~.l Before a code enforcement lien settlement recommendation ean be eefllIlr13ffiised
is made to the Board. parsoont te this Seetien, alHlfthe following conditions must be met taken
into consideration:
A. FinelIien 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 vi13later.
3
Agenda Item No, 16A 10
April 13, 2010
Page 5 of 13
C. The Rile/lien affiel:lflt dees Ilet Bleeeed $15,999. History of violations involving
the offering partv,
th The vie later has Ilet eemmitl;ed previeus er sH8se'luent vielatiens,
e.~ Extent to which oP-ayment of the full lien amount would impose a severe financial
hardship on the violator.
1".)1 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. f.fter eleeludillg aay peTtien efthe fille/lie!! payable te a eellestiell serviee, the
peltien efthe lien te Be eelleeted dees Ilet affiellllt te less that twe~' five pereent (25%) efthe
eriginallien. Fer elUl!Bple, the eelleetiell agelle)' is aMe!Bptillg te eellest $19,900 liell. The
Direeter agrees te aeeept $5,099. ,'.lter aeeelllltillg fer 39% e[$5,909 te tfle eelleetien agellCY,
the Celillty eelleets ellly $3,509 ($5,990 $1,59Q $3,500). $3,50Q still eHeeeds 25~<' eftfle
eRgill1li lien !lmellllt eUl Q,909,
H. The eeRditieRs ef Seetien 2 have Beell !Bet.
4~.2 f.R)' liells tetalillg mere taan $15,000, ean eRl)' be eeffij3remised ana satisfied
','lith the !lflprevlli ef the Bel1l'a ef Cellllty Celllffiissieners. All liens. excluding any that have
been fully paid, must be formally released with the approval of the Board of County
Commissioners,
4 J The Direeter may a)l)ll'tlve !IIld eneelHe aa)' agreements ell beHalf ef the Cell1lty
"HicH are Reeessary te memerilliize the terms ef a ce!Bpre!Bise !illS seMlemellt ef a eeae
enfereemellt lieR iR aeeenl!lllee \'Iita tflis Seetie!!. These terms ma) iRelllae periedie payments
by tfle ,..ielater in liell ef a 1lllHj3 5ttm pa) !Bent se leng as taese pa)'!B8Ilts ae Ret eletend beyel1d
tweh'e (12) meRths, The Omee efCellnt)' f.1'temey !Bay assist the Direeter ill pfepariag said
agreemeRts !IIld shall BflPf8ve Ell! sHeH 8!;'Feemellts as te ferm !IIla5I1fRCiel1c). This alltherity is
li!Bited te 8RI)' these il1aividHallieRs tetaliRg less than $15,()(l0, ana which etherwi5e meet t1Ul
aRteria set ferth iR this Seation.
44iJ. 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 staff designee, the Director may prepare and execute on behalf of the County a
Satisfaction and/or Release of Lien. Office of County Attorney shall approve the 8*eOOted
Satisfaction and/or Release as to form and legal sufficiency prior to recording. After approval by
the Office of County Attorney, and within thirty (30) days of full payment, the Director, or
his/her designee delegate, shall effectuate recording of the releasing instrument. gaefi
4
Agenda Item No. 16A 10
April 13, 2010
Page 6 of 13
satisfaetioB or release shall refer to this R~sollltioB by ffilmber as autherity f-ar its elleEllitieB by
the Direetor of Coee EnforeemeBt.
~S.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 in1ended
to encompass ministerial acts necessary to effectuate, memorialize, or implement a lien
compromise contemplated by this Section.
5.5 For all code enforcement liens on residential propertv that has new ownership
due to a duress sale. such as a foreclosed or short-sale propertv. where the new owner has
declared a homestead. the Code Enforcement Director mav recommend complete waiver of
accrued fines (but not costs) where abatement has taken place. subiect to Board aooroval.
~, 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, The Director, or herlhis designee statI, 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 ~ 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 delegate, shall effectuate recording of the instrument.
61, The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise of the authority granted herein,
+~, Nothing contained herein is intended or shall be construed to create any rights,
entitlements or remedies 10 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 determinatioll
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.
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 suoersede Resolution 2001-316,
This Resolution is hereby duly adopted on this _ day of
motion, second and majority vote favoring its adoption.
2010, after
5
DATED:
AITEST:
, Deputy Clerk
Approved as to form and legal sufficiency:
JeffE. Wright
Assistant County Attorney
Agenda Item No, 16A10
Aprii 13, 2010
Page 7 of 13
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A 10
Aprii 13, 2010
Page 8 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
16A10
Recommendation to adopt an amending and superseding resolution to Resoiution 2001-316,
in order to update and clarify the Code Enforcement Directors authority to recommend
settlement of code enforcement liens.
4/13/2010 9:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
3122/201010:13:07 AM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
312412010 3:43 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3130/20109:27 AM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
4/2/20105:12 PM
Approved By
Date
Nick Casalanguida
Transportation Division
Director. Transportation Planning
Transportation Planning
4/6/20108:20 AM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
41512010 2:51 PM
Approved By
Date
Michael Sheffield
Assistant to the County Manager
County Managers Office
4/6/20104:05 PM
Agenda Item No, 16A 10
April 13, 2010
Page 9 of 13
RESOLUTION 2010-_
RESOLUTION AUTHORIZING THE DIRECTOR
OF THE CODE ENFORCEMENT
DEPARTMENT, AS DESIGNEE OF THE
COUNTY ADMINISTRATOR, TO UTILIZE A
COLLECTION AGENCY FOR THE
COLLECTION OF CODE ENFORCEMENT
LIENS; TO SETTLE CODE ENFORCEMENT
LIENS MEETING SPECIFIED CRITERIA; TO
EXECUTE AND RECORD SATISFACTIONS OF
LIEN AND SA TISF ACTIONS OF JUDGMENT
IN CERTAIN CIRCUMSTANCES; AND TO
PERFORM SUCH ACTS NECESSARY TO THE
SETTLEMENT OF CODE ENFORCEMENT
LIENS; AND SUPERSEDING RESOLUTION
NO. 2001-316.
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 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, 16A 10
April 13, 2010
Page 10 of 13
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 ofthe 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 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 updated 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 1he best
interes1 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
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-effec1ive 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, 16A 10
April 13, 2010
Page 11 of 13
company, This authority may only be exercised when all of the following conditions have
occurred.
A. A certified copy of the Order Imposing FinelLien 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; and
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 record the Release and
Satisfaction of for those code enforcement liens which have been fully paid.
5. The Director of the Code Enforcement Department may recommend settlement of
those code enforcement liens which meet specific criteria set forth herein, and may prepare
certain documents necessary in the execution of this authority, subject to Board approvaL
5.1 Before a code enforcemen11ien 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, Extent to which payment of the full lien amount would impose a severe financial
hardship on the violator.
E. 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
finellien.
5.2 All liens, excluding any that have been fully paid, must be formally released with
the approval of the Board of County Commissioners.
5.3 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 designee, the Director may prepare for Board approval a Satisfaction and/or Release
of Lien. Office of County Attorney shall approve the Satisfaction and/or Release as to form and
legal sufficiency prior to recording, After approval by the Office of County Attorney, and within
thirty (30) days of full payment, the Director, or his/her designee, shall effectuate recording of
the releasing instrument.
3
Agenda item No, 16A 10
April 13, 2010
Page 12 of 13
5.4 To the extent that other documents are needed to effec1uate 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.
5.5 For all code enforcement liens on residential property that has new ownership
due to a duress sale, such as a foreclosed or short-sale property, where the new owner has
declared a homestead, the Code Enforcement Direc10r may recommend complete waiver of
accrued fines (but not costs) where abatement has taken place, subject to Board approval.
6. 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. The Director, or herlhis designee, 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 Satisfaction of Judgment as to form and legal sufficiency
prior to recording. After approval by the Office of County Attorney, 1he Director, or herlhis
designee, shall effectuate recording of the instrument.
7, The Director may perform all such acts as may be necessary or appropriate in
connection with the exercise of the authority granted herein.
8. 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.
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. 16A 10
Aprii 13, 2010
Page 13 of 13
This Resolution is hereby duly adopted on this _ day of
motion, second and majority vote favoring its adoption,
2010, after
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
~
JeffE Wi oght
Assis ' t County Attorney
5