Title:
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Approve and authorize the Chairman to execute a Resolution establishing a temporary program authorizing full and partial release of code enforcement liens to facilitate construction of public infrastructure projects or improvements; providing a process for identification of real property necessary to expedite the construction of public infrastructure projects or improvements; establishing evaluation criteria for real property identified for potential program eligibility; authorizing county manager to review, approve, and execute full or partial releases of code enforcement liens which meet established program requirements; providing for an effective date and providing for termination. Countywide (Jennifer Nix, Assistant County Attorney)
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Division:
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Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Jennifer Nix/407-665-7242
Background:
The County has a responsibility to perform public infrastructure projects or improvements (“County Improvements”) which benefit the community. In some instances, circumstances exist that require expediency in implementing such County Improvements. Also, given the comprehensive nature of County Improvements, sometimes it is necessary to acquire easements or other legal interests in real property from multiple private property owners to complete the construction of such County Improvements. From time to time, the County is unable to expeditiously acquire such interests from private property owners for a variety of reasons, which can unduly delay the commencement or completion of County Improvements to the detriment of the community.
County staff has identified certain imminent County Improvements that require the County to obtain certain legal interests in private property to complete. Establishing a process to identify private property needed for the completion of County Improvements (“Identified Properties”) and clearing the title for the Identified Properties so the County can acquire the necessary legal rights would benefit the community by moving projects for County Improvements forward more efficiently and avoid eminent domain proceedings or other arduous and timely procedures. The process to obtain clear title includes satisfaction and removal of any recorded County code enforcement liens (“Liens”) on Identified Properties.
In some instances, pursuant to Section 162.09(3), Florida Statutes, Liens exist on certain real property by virtue of statutory attachment wherein a County code enforcement violation was adjudicated against a wholly different property (“Violation Property”) owned by the same property owner, yet attaches to all properties owned by that property owner within the County. A temporary program authorizing the County Manager to release Liens from only Identified Properties (“Partial Release of Lien”) will accelerate the County’s ability to obtain clear title to the property needed for County Improvements and will ensure that the Liens remain on the Violation Property in accordance with Section 162.09(3), Florida Statutes.
Other Identified Properties may have Liens resulting from previous code enforcement violations that have been abated; however, the Liens are still outstanding due to non-payment. A temporary program authorizing the County Manager to mitigate and release Liens for Identified Property if certain requirements are met (“Full Release of Lien”) will accelerate the County’s ability to obtain clear title to real property needed for County Improvements.
To qualify for a Partial Release of Lien or a Full Release of Lien, Identified Properties must meet enumerated criteria. The County Manager shall determine if such criteria are met and shall have the discretion to execute a Partial or Full Release of Code Enforcement Lien, as applicable, releasing the Identified Property from the Lien.
This program is initially being proposed temporarily for a term of two (2) years, at which time it will automatically sunset. At the Board’s direction, the program may be extended by Resolution of the Board or established as an official policy in the County’s Administrative Regulations.
Requested Action:
Staff requests the Board approve and authorize the Chairman to execute a Resolution establishing a temporary program authorizing full and partial release of code enforcement liens to facilitate construction of public infrastructure projects or improvements; providing a process for identification of real property necessary to expedite the construction of public infrastructure projects or improvements; establishing evaluation criteria for real property identified for potential program eligibility; authorizing county manager to review, approve, and execute full or partial releases of code enforcement liens which meet established program requirements; providing for an effective date and providing for termination.