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Resolution 2012-046 it RESOLUTION NO. 2012 -46 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING RESOLUTION NO. 2010-101, 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 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, 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 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. WHEREAS, the Board finds 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. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. 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 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. 2 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 and thirty days following 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. 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 his/her 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. 3 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 her/his 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 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 the adoption of this Resolution, and it shall replace and supersede Resolution 2010-101. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this the 134)1 day of March , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,po �, 3>z By: -;1-1-1- (A,. At_ it. to Chkfrillti4y Clerk FRED W. COYLE, CHAI AN Approvr4 as t:1 tnn : and legal salAciep yr ____ __(. ____.- Jeff /Wright Ass'stant County Attorney 4