2021-04-06 Ex 04 (Items added)
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
______________________________________________________________________
To: City Council Members
From: John Fumero, City Attorney
Carlyn Kowalsky, Assistant City Attorney
Subject: Code Enforcement Process Part II
Date: March 26, 2021
This will be the next installment in a series of presentations concerning the City’s code
enforcement process. In February you heard an overview of the program from City
code enforcement staff. At the March 16th meeting we presented a summary of the
special magistrate hearing process. This presentation will focus on the steps and
process after the magistrate hearing is concluded, including filing an action in circuit
court.
We will address:
• the process and considerations for fine reductions under the magistrate process
• the existing fine schedule contained in Appendix G, Table 3 of the Okeechobee
City Code
• process for settlement of a lien, once a court case has been filed
• steps before filing a foreclosure action
• differences between the magistrate hearing process and the circuit court
foreclosure process
• roles of the magistrate and city council under each process
Code Enforcement
Part II
Circuit Court Process
Carlyn Kowalsky
April 6, 2021
Two Separate Processes
I. Special Magistrate Hearing
–Entry of Lien/Order
II. Circuit Court
–Foreclosure Judgement
a
■Evidence
■Notice & due process
■Staff recommends fine based on
schedule in City Code
■Magistrate issues Lien/Order
Florida Statutes §162.03
I.Special Magistrate Process
Quasi-judicial hearing to determine violation and fine
Staff recommends daily fine to accrue until
property becomes compliant
Code Violations and Fees
•Minimum --$25
•Maximum --$500
City of Okeechobee Code
Appendix G Table 3
Magistrate shall consider the following factors
in determining the amount of the fine:
■Gravity of the violation
■Actions taken to correct the violation
■Any previous violations
§162.09(2)(b), F.S.
Magistrate issues
Lien/Order
▪Time to comply
▪Daily fine begins after
specified date to
comply
▪Staff records Lien
Statute allows magistrate to consider fine
reduction request prior to City filing court action
§162.09(2)(c), F.S.
If property comes into compliance –
1.Property owner may request fine reduction
2.Hearing to consider fine reduction
3.Magistrate issues Order determining fine reduction
(if any)
$$$ →$
Magistrate may reduce a fine imposed
based on factors listed
§162.09(2)(c), F.S.
Factors may include:
■the nature and circumstances of the
violation
■risk to public health or safety
■length of time it took respondent to
come into compliance
■is respondent a repeat violator
■The maximum fine that could have
been imposed
Two Potential Outcomes:
1 2
Compliance &Non-compliance or
Payment Non-payment of lien
Steps before filing suit
1.Courtesy Card from City
2.Time to comply
3.Notice of Violation from City
4.Time to comply (typically 14 -30 days)
5.Lien/Order issued by magistrate
6.Time to comply (typically 14 -30 days)
7.Fine reduction request heard by magistrate
8.Time to comply (90 days)
9.Statute allows foreclosure action to occur 3 months after Lien/Order filed
State law allows magistrate
to authorize the City
attorney to file circuit court
action to foreclose the lien
3 months after lien is filed
§162.09(3), F.S.
II.Circuit Court Process
Filing a foreclosure action
■City files suit to foreclose the
lien (except homestead)
■City records Notice of
Lis Pendens
■Purchaser is on notice of
lien in public records
Potential outcomes:
1.Prior to auction, voluntary buyer
must satisfy the lien and achieve
compliance.
2.Buyer purchases at auction. City
lien is discharged by the sale. If
no compliance, City may issue
new Notice of Violation.
Private sale prior to
Foreclosure Judgement
■Buyer contacts the city to
determine amount of lien
■Buyer purchases property
subject to the lien
Magistrate is no longer
involved
Release of Lien is between:
Buyer City
Release of Lien
City Council may approve a release of
lien when property is in compliance
and
•lien is paid in full
OR
•City agrees to reduced amount
§162.09(3), F.S.
Circuit Court Judgement and
sale at auction
■Court issues Judgement foreclosing the lien
■Court sets date for sale at auction
■Anyone may bid on the property
■Clerk issues Certificate of Title
■City lien is discharged by the sale
Discussion
Magistrate Hearing Circuit Court Litigation