CITY OF DEERFIELD BEACH Request for City Commission Agenda

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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: April 17, 2012 Contact Person: Keven Klopp Description: Ordinance slightly amending city code regarding code enforcement liens Fiscal Impact: Potentially improves the likelihood of recouping some costs Budget Line Item Number and Title: Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: Keven Klopp, 4/9/12 Signature Date

2 LAW OFFICES OF ANDREW S. MAURODIS, P.L. 710 East Hillsboro Boulevard, Suite 200 Deerfield Beach, FL Telephone (954) Facsimile (954) M E M O R A N D U M TO: FROM: City Commission Sharon L. Cruz, Assistant City Attorney DATE: April 3, 2012 RE: Ordinance Providing for Status of Liens The attached proposed ordinance amends Section dealing with code enforcement liens and Section dealing with nuisance abatement liens. The amendment to both sections provide that such liens shall be coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles and claims regardless of when the lien was created or recorded. This ordinance should place the City in a better position in the event of foreclosures of properties. cc: Burgess Hanson, City Manager SLC/wp

3 ORDINANCE NO. 2012/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION AND SECTION OF THE CITY CODE PROVIDING THAT CODE ENFORCEMENT AND NUISANCE ABATEMENT LIENS SHALL BE COEQUAL WITH THE LIEN OF ALL STATE, COUNTY, DISTRICT, AND MUNICIPAL TAXES, SUPERIOR IN DIGNITY TO ALL OTHER LIENS, TITLES AND CLAIMS (REGARDLESS OF WHEN CREATED OR RECORDED, IF RECORDED) UNTIL PAID; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to provide for the priority of Code Enforcement and Nuisance Abatement Liens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AS FOLLOWS: SECTION 1. Section 2-361(3) of the City of Deerfield Beach Code of Ordinances is hereby amended to read as follows: Sec Administrative fines; costs of repair; liens.... (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. City code enforcement liens shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles and claims (regardless of when created or recorded, if recorded) until paid. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under (4)(a), Art. X of the State Constitution. Deleted portions struck through; added portions underlined 1

4 SECTION 2. Section of the City of Deerfield Beach Code of Ordinances is hereby amended to read as follows: Sec Assessment of cost. (a) The city commission shall assess the entire cost of city abatement action upon the affected property as a special assessment, which assessment, when made, shall constitute a lien upon such property by the city. The lien of the city shall encompass, in addition to the abatement cost for the vacation or removal of the facility, all administrative, legal, postal and publication expenses, as well as all other direct or indirect costs associated therewith. The lien upon the property shall be superior to all others except taxes as previously set forth herein. (b) The city shall file such lien in the Official Records of Broward County showing the nature of such lien, the amount thereof, an accurate legal description of the property, including the street address, which lien shall date from the date of the filing and recite the owners of the property. Such municipal lien shall bear interest from such date at the rate of eight percent per annum. However, the assessment may be paid without interest at any time within 30 days after the improvement is completed. The city may enforce the lien upon the real property of the owner, as provided for in F.S. Ch. 173, as amended from time to time. The lien shall be coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles and claims (regardless of when created or recorded, if recorded) until paid.... SECTION 3. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Deerfield Beach Florida, and the sections of this ordinance may be renumbered to accomplish such intent. SECTION 4. If any word, phrase, clause, sentence, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. SECTION 5. That this ordinance shall be in full force and effect immediately upon its passage and adoption. Deleted portions struck through; added portions underlined 2

5 PASSED 1ST READING ON THIS DAY OF, PASSED 2ND READING ON THIS DAY OF, PEGGY NOLAND, MAYOR ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Ordinances/Code Enforcement Lien Priority 3/28/2012 Deleted portions struck through; added portions underlined 3