2001-11 Code Enforcement FinesRESOLUTION NO. 01-11
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION AUTHORIZING COUNTY AND
MUNICIPAL GOVERNMENT, AT THEIR OPTION, TO
COLLECT LOCAL GOVERNMENT CODE ENFORCEMENT
FINES, PURSUANT TO FLORIDA STATUTES CHAPTER
162, BY USE OF A NON -AD VALOREM ASSESSMENT ON
THE AD VALOREM TAX BILL; PROVIDING FOR
DISTRIBUTION THEREOF, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the code enforcement boards of the counties and municipalities of Florida
have proven effective in enforcing local ordinances and the standard codes which
have been adopted to protect the health, safety and welfare of the public; while
affording property owners due process of law and otherwise protection of property
rights; and
WHEREAS, the objective of local government code enforcement procedures is to cause
properties to be brought into compliance with local ordinances and the standard
codes, not be generate revenue, but the threat of fines is an effective means of
causing remedial action to be taken with respect to properties in violation of local
ordinances and standard codes; and
WHEREAS, regardless of such threats, the recording of fines and liens against real
property of the violator has not proven to be totally effective in the collection of such
fines and liens; and
WHEREAS, the filing of foreclosure actions to enforce code enforcement liens is difficult,
expensive, often impractical, and a drastic remedy against local property owners;
and
WHEREAS, an effective procedure now exists for the collection of non -ad valorem
assessments through the levy of such assessments pursuant to section 197.3631
through 197.3635, Florida Statutes, and such procedures should be available to
counties and municipalities for the collection of code enforcement fines; therefore:
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Okeechobee,
Florida that:
Section 1: The City Council of the City of Okeechobee, Florida hereby expresses its
support for legislation which would authorize counties and municipalities, at
their option, to collect local government code enforcement fines on the ad
valorem tax bill upon the recording of liens for such fines and upon
compliance with the procedures set forth in Sections 197.3631 through
197.3635, Florida Statutes, and urges the Florida Legislature to enact such
legislation into law.
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Section 2:
Section 3: This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED this 18 day of September, 2001.
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
The City Clerk is hereby instructed to submit copies of this resolution to the
President of the Florida Senate; the Speaker of the House of
Representative; each member of the Okeechobee County legislative
delegation; the Florida League of Cities; the Okeechobee County Board of
County Commissioners; and surrounding local governments, thereby
requesting similar support for this measure.
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook
City Attorney
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James E. Kirk
Mayor