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Code Lien Reduction/Satisfaction ProcedureBROWN, WARD, SALZMAN ~ WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown • Suzanne D'Agresta Anthony A. Garganese° Gary S. Salzman° John H. Ward • Jeffrey S. Weiss Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott D. Danahy Brett A. Marlowe Cheyenne R. Young 'Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer °Board Certified City, County 8c Local Governmrnt Law Sent Via Facsimile & U.S. Mail: 321-639-7619 Phil Caruana, Building Official City of Cocoa 603 Brevard Avenue Cocoa, FL 32922 Apri124, 2002 Re: Code Lien Reduction/Satisfaction Procedure City of Cocoa -General Our File Bo.: 1189 Dear Phil: Two Landmark Center 225 East Robinson Street, Stxite 660 Post Office Box 2873 Orlando, FL 32802-2873 Telephone: (407) 425-9566 Facsimile: (407) 425-9596 Email: firtn;7r;,orlandotaw.net Website: w~rvv.orlandotaw.net Cocoa: 866-425-9566 n , _ ,, -~, APR 2 ~ 2002 ~~~ ~~ Please allow this correspondence to serve as a response to your request for assistance, regarding the new procedures for the reduction/satisfaction of code enforcement liens. I have attached a copy of the Ordinance for your records, although I believe the same may already be codified in the City Code of Ordinances. Step 1. A property owner may request a reduction or forgiveness of a fine or penalty by submitting a written application, which has been sworn to under oath, to the Community Development Director containing the information required in 6.3-8.5(b)(1)(a-g). The Community Development Department may want to create a form, such as it does for zoning, special exceptions, and variance applications, to assist the violator, and to ensure all points are addressed. ,, . ' - Phil Caruana, Building Official April 24, 2002 Page 2 Step 2. The property owner must submit a fee equal to (1) the cost of recording the Order Imposing Fine (typically $6.00 first page and $4.00 every other page), and (2) the cost of recording a satisfaction of lien. (We will prepare a single page satisfaction of lien which you may use, you will need to check with the City Clerk for the costs associated with recording documents.) (The Clerk's Office should be able to assist in this determination.) Step 3. The Community Development Director will determine through Code Enforcement that the violations which resulted in the recording of an Order Imposing Fine have been brought into compliance and there exist no current violations of the Codes. Step 4. If Step 3 is satisfied, then the application will be placed upon the next Code Enforcement Board Agenda, seeking a recommendation to the City Council. The Code Board can take testimony of the property owner, other interested parties, and code enforcement. The Code Board, after taking into account the criteria provided in 6.3-8.5(b)(4)(a-f) will recommend approval, approval with conditions or denial of the application. Step 5. The Community Development Director shall place the application and Code Board recommendation on the next City Council Agenda. The City Council may take action based upon the application and recommendation, or it may in its sole discretion, take testimony. I trust the foregoing is helpful to you. Please do not hesitate to call our offices if you have any questions or concerns. Ve truly y urs, /~1---- J y P. Busk As istant City Attorney JPB/ Enclosures: Ordinance Adopting 6.3-8.5 Satisfaction of Code Lien cc: Joan Clark, City Clerk (w/out encls.) Anthony Garganese, City Attorney (w/out encls.) Clarence Hulse, Assistant City Manager (w/out encls.) Ken Koch, Community Development Director (w/encls.) F:\I.awyer\jePlb\City ofCocas\Code Enforcement\I2edudion Forgivene» Procedures 4-24-02.wpd