Resolution 2010-101
RESOLUTION 2010- 101
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 125.0 I, and states that Section 125.0 I 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
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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 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 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 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 intcrest of thc County. It is thc 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-etTectivc to pursue foreclosure or other
legal proceedings for the collection of these fines or liens.
2. To this end, thc Director of Code Enforcement Department is hereby authorized
to collect code enforcement liens through the services of an independent debt collection
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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 tixed 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 bc formally released with
the approval of the Board of County Commissioners.
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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 his/her 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 her/his 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 cffectuate 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 Enforcemcnt.
8. The Director of the Code Enforcement Department, or his/her 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 thc adoption of this Rcsolution, and it shall supersede Resolution 2001-316.
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This Resolution is hereby duly adopted on this;). 5 day of 111 'I. Y
motion, second and majority vote favoring its adoption.
2010, after
DATED: r; joCc( ID
ATTIilSl\..,.,;.;., "
, pWt~t'€:'f3t\oCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By: '1uJ. lA) C~~
FRED W, COYLE, Chairman.
Approved as to form and legal sufficiency:
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____8
Jeff ,Wr'ght
Assis ounty Attorney
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