Subject:
Title
Public Hearing: Amendment to Chapter 2, Article VI, Division 2, Section 2-176, Brevard County Code of Ordinances, "Administrative Fines; Costs of Repairs; Liens."
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board adopt the attached amendment to Sec. 2-176, Brevard County Code of Ordinances
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Summary Explanation and Background:
On September 19, 2023, the Board issued legislative intent and permission to advertise an amendment to Section 2-176(c)(2), Brevard County Code of Ordinances. Currently, this subsection states that ". . . after three months from the filing of any such lien which remains unpaid, the board of county commissioners and the special magistrate may authorize the county attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest." Meanwhile, Fla. Stat. Sec. 162.09(3) states that ". . . after 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest" (note: other provisions of Florida Statute allow for the governing body to substitute the code enforcement board with a special magistrate; Brevard County has chosen to do so).
To align with statutory requirements, the attached ordinance amends this subsection as follows:
A lien arising from a fine imposed pursuant to this section runs in favor of the county and the county may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the board of county commissioners and the special magistrate may authorize the county attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest.
This amendment would not prev...
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