23-03 DocuSign Envelope ID: F3F727D9-7E40-46DF-8073-FF114F42DF80
RESOLUTION NO. 23-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DELEGATING THE POWERS TO NEGOTIATE
MUNICIPAL CODE ENFORCEMENT LIENS GIVEN BY
FLORIDA STATUTE 162.09(3) TO THE MUNICIPAL CODE
ENFORCEMENT BOARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida Statute 162.09 authorizes a county or municipality, at its option,
to create local code enforcement boards. The City of Clearwater has established the
code enforcement board in compliance with the statute which possesses the authority to
impose administrative fines and other noncriminal penalties; and
WHEREAS, the Office of the Attorney General has opined in AG Opinion 2002-62
that any lien resulting from a fine imposed by the Municipal Code Enforcement Board
pursuant to section 162.09, Florida Statutes, is granted in favor of the local governing
body, and it is therefore the governing body that has the power to release or compromise
that lien; and
WHEREAS, property owners and prospective buyers often seek to settle or
compromise recorded liens; and
WHEREAS, the Municipal Code Enforcement Board is both the entity that imposed
the fine and the entity best positioned to consider the merits of the property owner or buyer's
proposal; and
WHEREAS, Florida Statute 166.041 allows municipalities to pass resolutions as
expressions of administration; and
WHEREAS, the City Council desires to delegates its power to compromise, satisfy
or release municipal code enforcement liens filed on behalf on the City of Clearwater to the
Municipal Code Enforcement Board; and
WHEREAS, this resolution shall not affect or limit the power of the City Council to
file or direct the City Attorney's Office to file a formal lien foreclosure lawsuit, nor will it affect
or limit the power of the City Council to settle or compromise such a lawsuit after the City
files suit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Any lien filed as a result of fines and fees imposed by the Municipal Code
Enforcement Board may be reduced or release at the discretion of the Municipal Code
Enforcement Board as the result of a request by the property owner, public hearing by the
Board and vote of majority.
Resolution No.
DocuSign Envelope ID: F3F727D9-7E40-46DF-8073-FF114F42DF80
Section 2. This delegation of authority to the Municipal Code Enforcement Board
shall expire or not apply to any lien in which the City Council has authorized or does
authorize the City Attorney's Office to file a lien foreclosure lawsuit on behalf of the City.
Section 3. This resolution shall take effect immediately after adoption and shall
remain in effect until the Council of the City of Clearwater terminates the delegation of
power.
PASSTADOPTED this 12th day of 3anuary 2023.
DocuSi ned bSigned by: _ 9 by---------
:
a4
Rosemarie Call Frank V. Hibbard
City Clerk Mayor
Approved as to form:
EDocuSigned by:
Melissa Isabel
Senior Assistant City Attorney
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