EXECUTIVE ORDER :3 GUIDELINE FOR THE SETTLEMENT AND RECOVERY OF CODE ENFORCEMENT BOARD AND CODE ENFORCEMENT SPECIAL MAGISTRATE LIENS

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1 Bob Buckhorn Mayor EXECUTIVE ORDER :3 GUIDELINE FOR THE SETTLEMENT AND RECOVERY OF CODE ENFORCEMENT BOARD AND CODE ENFORCEMENT SPECIAL MAGISTRATE LIENS WHEREAS, Chapter 9 of the City of Tampa Code of Ordinances provides for the imposition of fines and the creation of liens against properties found in violation of city codes and ordinances by the City's Code Enforcement Board (CEB) and City's Code Enforcement Special Magistrates (CESM); and WHEREAS, the liens arising from the fines imposed by the CEB or CESM run in favor of the City; and WHEREAS, it is desirable and in the best interest of the City of Tampa to implement a uniform and comprehensive Collection and Settlement Policy that will encourage prompt correction of code violations. NOW, THEREFORE, by virtue of the authority vested in me as the Mayor of the City of Tampa by Section 4.01 of the Charter of the City of Tampa and the laws of the State of Florida, I do hereby proscribe and promulgate the following: I. The Legal Department shall be responsible, upon the expiration of the jurisdiction of the CEB or CESM, for negotiating the settlement of fines imposed by the CEB and CESM and the release the lien(s) from the properties.

2 II. The Legal Department shall have the authority to negotiate settlements of fines pursuant to the following guidelines. The Legal Department may deviate from these guidelines if circumstances so warrant. A. Homestead Exempt Property: Settlement of fines on homestead exempt property, where the violation(s) giving rise to the fines have been complied, will be in accordance with the following guidelines: 1. If the violation(s) giving rise to the fines are complied within ten days of the CEB or CESM date and the total accrued fine does not exceed $250.00: a) the fines may be waived. b) however, any costs assessed by the CEB or CESM may be collected. 2. If the actual fine amount exceeds $250.00, the settlement of fines will be as follows: a) $ when correction of violations occurred within 1 year of plus any costs awarded by the CEB or CESM b) $ when correction of violations occurred between 1 and 2 years of plus any costs awarded by the CEB or CESM c) $ 1, when correction of violations occurred after 2 years of plus any costs awarded by the CEB or CESM B. Non-Homestead Exempt Property: Settlement of fines on nonhomestead exempt property, where the violation(s) giving rise to the fine has been complied, will be in accordance with the following guidelines: 1. lfthe actual fine amount is $1, or less: a) the actual fine amount b) any costs awarded by the CEB or CESM

3 2. If the actual fine amount exceeds $1,000.00, a) settlement of the fines will not exceed 10% of the actual fine amount, but will not to be less than the below minimums: 1. $1, when correction of violations occurred within1 year of compliance deadline 11. $2, when correction of violations occurred between 1 and 2 years of 11. $3, when correction of violations occurred between 2 and 3 years of IV $4, when correction of violations occurred between 3 and 4 years of v. $5, when correction of violations occurred after 4 years of compliance deadline b) plus any costs awarded by the CEB or CESM C. Compliance Agreement: When the code violation(s) giving rise to the fine has not been complied, and the property is being or has been transferred to a bona-fide third party in an arm's length transaction, the Legal Department may execute a Compliance Agreement with the proposed purchaser requiring the active violations be corrected within a time certain to get the fine settlement guidelines set forth in paragraphs A orb above. D. Guideline Departure: The Legal Department may depart from the above fine settlement guidelines set forth in paragraphs A & B above for good cause shown in the nature of medical, physical, or financial hardships.

4 E. Distressed Structure Rehabilitation Program 1. To encourage the purchase and rehabilitation of blighted properties, some structures located on properties with CEB and/or CESM fines may qualify for the Distressed Structure Rehabilitation Program. 2. The following procedure will be followed when Purchasers wish to participate m the Distressed Structure Rehabilitation Program. a. Legal Department provides purchaser with a Deteriorated Structure Rehabilitation Program application. b. Purchaser will return completed application to Legal Department along with a non-refundable payment of $ to cover the cost of inspections by the Neighborhood Enhancement Department (NED) and Construction Services Department. c. Legal Department will notify NED and CSD to schedule the inspection of the structure. d. NED notifies Legal Department that the Structure qualifies for Distressed Structure Rehabilitation Program e. Purchaser shall enter into agreement with Legal Department that the structure will be rehabilitated, including the correction of active CEB or CESM violations, and placed back into the housing market within the determined length of time. f. Upon completion of rehabilitation, property owner shall contact NED for inspection to certify property has been rehabilitated. g. NED will notify Legal Department that the Structure has been rehabilitated.

5 h. Legal department waives CEB and CESM fines and the property owner pays for cost of recording the release(s) oflien(s). F. Military Service Member: The City of Tampa does not want CEB or CESM liens to be an obstacle for a member of the U.S. Military Services to having a home in Tampa. Therefore, if an active or former member of the U.S. Military Services purchases property with CEB or CESM fines on the property and the property will be the servicemember' s homestead upon purchase, those fines will be reduced to $ per lien upon correction of active violations. The service member must provide adequate proof of military service. The service member must pay for the release(s) oflien(s). G. Guideline Exceptions: The foregoing guidelines for settlement of fines will not be applicable to properties when: 1. Property is sold via tax seed sale 2. Foreclosure action is initiated against property, including a City initiated foreclosure action III. IV. The Legal Department, Real Estate Department, and Department of Code Enforcement may consult to identify non-homestead properties with CEB or CESM lien(s) that are candidates for judicial foreclosure. Any and all previous executive orders with respect to an in connection with the judicial foreclosure of CEB or CESM liens and the enforcement and collection of CEB or CESM fines are hereby repealed. V. This Executive Order shall take effect immediately upon its execution. DONE AND ORDERED this.2/.s,t. day of J W-v ~1!Jdkr BOB BUCKHORN, MAYOR 5",20U.