Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 12/7/2016 
Agenda Category:CONSENT RESOLUTION
Subject: Resolution authorizing an Interim Procedure for the Partial Release of City Code Enforcement liens that attach to property lying outside the corporate limits of the City of Riviera Beach.
Recommendation/Motion: Approve resolution.
Originating Dept City Attorney's Office  Costs  
User Dept.Code Enforcement Funding Source
AdvertisedNo Budget Account Number
Date   
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Affected PartiesNot Required   
Background/Summary: 
The City administers a Code Enforcement program in accordance with Chapter 162 of the Florida Statutes, which provides a lien arising from a fine imposed pursuant to Section 162.09 runs in favor of the local governing body, and provides that the local governing body may execute a satisfaction or release of lien.  Section 162 further provides that a Code Enforcement lien constitutes a lien against the land on which the violation exists and upon any other real or personal property owned by the violator.  Property owners whose properties lie outside the City are subject to the City’s Code Enforcement liens.  Such property owners have requested partial releases of liens with respect to properties lying outside the City’s corporate boundaries and the City desires to establish a policy for the partial release of Code Enforcement liens of this nature.

 

The Code Enforcement Administrator should be authorized to issue a partial release of the Code Enforcement liens attached to property outside the corporate limits provided that: (1) the requested partial release of lien does not extinguish the City’s ability to compel compliance with the property referenced in the final order/lien; (2) the requested partial release of lien does not extinguish the City’s ability to sue to recover a money judgment for the amount of the lien plus accrued interest or to foreclose against the property in violation in accordance with the final order/lien; or (3) where the requesting party owns property located within the City that is subject to a Code Enforcement order, the City is provided with a performance bond in an amount to be determined to guarantee compliance within thirty (30) days.

 

An administrative fee of $250.00 shall be paid by the applicant for a partial release of lien; and a charge not to exceed 2.5% of the market value of the property requested shall be paid by the applicant to satisfy the City’s lien.

 

Each partial release of lien shall be prepared by the Office of the City Attorney and executed by the Mayor and City Clerk and recorded in the public records of the county in which the property is located.

 
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III. Review Comments

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B. Purchasing/Intergovernmental Relations/Grants Comments:
 
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ATTACHMENTS:
File NameDescriptionUpload DateType
110916_Resolution_Proposed__for_partial_releases_of_property.docxResolution Providing an Interim Procedure for Partial Release of Code Enforcement Liens11/22/2016Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
City ManagerMitchell, DorothyApproved12/2/2016 - 10:54 AM