2002-O-19
--.
ORDINANCE NO. 2002-0-19 '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AMENDING SECTION 10-97
(LIEN AGAINST PROPERTY), ARTICLE V (WEEDS, GRASS,
AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) OF CHAPTER 10 (HEALTH AND
SANITATION) TO INCLUDE (d) FEE FOR LIEN INQUIRY
REPORT; OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater annually processes more than one (1) thousand lien and
assessment verification requests/inquiries; and
2. Each verification requires a certification by the Finance Department as to the
existence of City imposed fines, liens or assessments, which certification is transmitted by the
Finance Department to the requestor; and
3. The City is authorized to impose by user charges or fees authorized by ordinance for
the verification process pursuant to Section 166.201, Florida Statutes (2000); and
4. The City feels it is in the best interest of the Citizens of the City of Edgewater to
amend Chapter 10 (Health and Sanitation), Article V (Weeds, Grass, and Brush; Standards for
Property Maintenance), Section 10-97 (Lien against property) to include paragraph (d) Fee for Lien
Inquiry/Report as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V
(WEEDS, GRASS, AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE), SECTION 10-97 (LIEN AGAINST PROPERTY) OF
StltKk tluough passages are deleted.
Underlined passages are added.
2002-0-19
Tm.t.:ODE OF ORDINANCES, CITY OFWlGEW A TER, FLORIDA.
Section 10-97 of Chapter 10 is hereby amended to read as follows:
Sec. 10-97. Lien against property.
(a) Notice prior to assessment. Prior to the recording of liens, the code enforcement
officer shall provide each property owner with written notice by regular mail of the
cost of clearing the property plus the administrative costs. The notice shall require
payment within thirty (30) days of the date of notice and shall state that it shall
constitute a lien against such property if payment is not received within thirty (30)
days.
(b) Lien established. If payment for the costs and expenses is not received within the
thirty day period, an assessment against property upon which remedial action has
been taken by the city pursuant to this article is hereby authorized. Such assessment
shall include the unpaid balance of the actual cost to the city of clearing the property
plus administrative costs or the administrative costs alone if the owner took remedial
action after the time allowed. The assessment shall also include interest at the rate
oftwelve (12) per cent per annum from the due date. Notice of such assessment shall
be recorded in the public records of the county and shall constitute a lien against the
property until paid. Such lien shall be superior and paramount to the interest in such
lands of any owner, lessee, tenant, mortgagee or other person, except the lien of state,
county or municipal taxes, and shall be on parity with lien of such state, county and
municipal taxes. If any such cost, expense or charge is not paid as and when due and
is in default for thirty (30) days or more, the unpaid balance thereof and all interest
accrued thereon, together with attorney's fees and costs, may be recovered and such
liens may be foreclosed by the city in the manner provided by the laws of the state
for foreclosures of mortgages on real property.
(c) Satisfaction. Upon payment to the city of the total amount of the lien plus the
interest accrued thereon, a satisfaction of such lien shall be filed in the public records
of the county.
@ Fee for Lien InC/uirv/Reoort. A fee shall be charged per parcel of property for
searching the city's official records and producing a Citv Lien Inquiry/Report. Said
fee shall be established and modified from time to time as needed by resolution of
the City Council. Said report shall contain all code enforcement. special assessment
and any and all other city liens on the property that are reasonably ascertainable by
search of the city's official records. The form of the report shall be in the manner
prescribed by the city manager or hislher designee. A copy of the report shall be filed
with the Finance Department.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
Stldck thlOtlgh passages are deleted.
Underlined passages are added.
2002-0-19
2
. are hereby superseded by ~ ordinance to the extent of such confli~
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote
on the first reading of this ordinance held on November 4,2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stltld. tluotlgh passages are deleted.
Underlined passages are added.
2002-0-19
3
AfterMotionby ce.;tmaa Brown and Second by L7uncilwoman L9ehter ,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 1 Bth day of November, 2002.
ATTEST:
SWES y
iOL'!!
-, SunanJ,W ds,worth
Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Shock droughpassages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW�ATTER, FLORIDA
By:
Donald A. Schmidt
Mayor
njX
Robin L. Matusick
Legal AssistandParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this rsth
day of November , 2002 under
Agenda Item No. s-B .
2002-049