Loading...
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 16A Agenda Item No. 16A12 May 25. 2010 Page 3 of 19 7 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 16A 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 16A 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 2 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. 3 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