05-1157 Code Enforcement Liens - Laserfiche WebLink

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ORDINANCE NO. 05-1157 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, DIVISION 2, CODE ENFORCEMENT BOARD, BY CREATING SECTION 2-157, OFTHE CODE OF ORDINANCES; PROVIDING THAT THE CITY MANAGER OR DESIGNEE IS AUTHORIZED TO EXECUTE AND RECORD A SATISFACTION OF LIEN UPON FULL PAYMENT OF CODE ENFORCEMENT FINES OR PENALTIES; PROVIDING THAT THE CODE ENFORCEMENT BOARD SHALL CONSIDER ANY APPLICATIONS FOR REDUCTION OR FORGIVENESS OF CODE ENFORCEMENT FINES OR PENALTIES WHEN ORDERS IMPOSING SUCH FINES OR PENALTIES HAVE BEEN RECORDED IN THE PUBLIC RECORDS, AND SHALL MAKE RECOMMENDATION TO THE CITY COMMISSION; PROVIDING CRITERIA FOR THE CODE ENFORCEMENT BOARD TO FOLLOW WHEN CONSIDERING APPLICATIONS FOR REDUCTION OR FORGIVENESS OF LIENS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 162. 09(3), Florida Statutes, provides that code enforcement liens run in favor of the local governing body, and the local governing body may execute a satisfaction or release of any code enforcement lien; WHEREAS, Section 162.09(2)(c), Florida Statutes, provides that the code enforcement board may reduce a code enforcement fine before the order imposing such fine has been recorded; and WHEREAS, Op. Att'y Gen. 2002-62 and Op. Att'y Gen. 99-03 opine that code enforcement boards are not authorized to reduce fines when code enforcement orders have been recorded in the public records, and that a city commission is vested with the authority to reduce or satisfy liens after such liens have been recorded; and WHEREAS, Op. Att'y Gen. 99-03 opines that a city commission may delegate its authority to execute satisfactions or release of code enforcement liens so long as such delegation does not result in a complete divestiture of such liens by the city commission to a private party; and ,