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CASSELBERRY CITY COMMISSION Minutes of SeptemMr 22, 2008 - Regular Meeting Page 15 of21 B. Ordinance 08-1252 - Lien Ordinance The City Clerk read Ordinance 08-1252 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA ESTABLISHING PROCEDURES FOR THE ENFORCEMENT AND COLLECTION OF LIENS LEVIED AGAINST PROPERTY BY THE CITY; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR LIENS INCLUDED AND NOT INCLUDED; PROVIDING FOR A NOTICE OF LIEN TO PROPERTY OWNER; ESTABLISHING PRIORITY OF LIENS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR THE COLLECTION OF LIENS; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." Staff Presentation: Ms. Catherine Reischmann, City Attorney, stated Ordinance 08-1252 provides for the enforcement and collection of all liens levied against property by the City of Casselberry. The City's ability to impose a lien was eliminated upon the approval of Charter Amendment No.2 in August. Prior to the election, liens were placed on properties but were not superior or equal to a mortgage lien. Ordinance 08- 1252 makes all the City's liens super priority liens, defines the specific covered liens, provides for notices and an appeals process, and the collection of liens. Ms. Reischmann requested the following modification be made to Section 5 of Ordinance 08-1252: Section S. Notices of Lien. Within ten (10) days after a lien against a property is recorded in the Public Records of Seminole County, the Finance Director or other designee of the City Manager shall mail to the property owner of record a notice of lien, informing the property owner ofthe existence of the lien, the amount of the lien and the work performed by the City for which such lien was imposed. Ifmore than one (1) person owns the property, notice to one (I) owner shall be conclusively deemed to be notice to all owners. Where the City has notice that the property is homestead, and the lien is the type that cannot be enforced against homestead, the notice shall state that the lien will not be foreclosed unless the property owner sells the property, aud fc!l.H.:J tv;uv(..~t tl~.... l-',o(............d.:J ;..to a.uvtlU." l,vlH......::tl.....a.d .nv........ltJ ",,;U,iH a I....u.::>vhabl.... p,-,.;vd vf t;Il1'-' VI and/or until such time that the owner abandons the property as homestead. Budget Impact: It is anticipated that funds the City spends to remedy nuisances through the placement of liens on properties will eventually be recovered based on the provisions of this ordinance. Recommendation: The City Manager, the City Attorney and the Police Chief recommended approval of Ordinance 08-1252 on first reading. Audience Input: The following individual came forward and addressed Ordinance 08-1252: 1) Mr. John Casselberry, 700 South Lost Lake Lane, voiced concerns regarding lien foreclosures and recommended that no City liens be foreclosed on.