Section 2-260. Application for satisfaction or release of code enforcement liens.
Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section.
(a) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien.
(b) The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the application shall include, but may not be limited to the following:
(1) The code enforcement case number;
(2) The date upon which the violator brought the subject property into compliance with the City code;
(3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted;
(4) The terms upon which the satisfaction or release should be granted;
(5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded;
(6) The reduction in penalty or fine sought by the violator; and
(7) Any other information which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine.
(8) This application shall be executed under oath and sworn to in the presence of a notary public.
(c) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien.
(d) Upon receipt of the application for satisfaction or release of lien and payment provided above, the Building Official or designee of the building official shall confirm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the application upon the agenda of the next meeting of the code Enforcement Board for the City of Cape Canaveral.
(e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff.
Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval with conditions, or denial of the application for satisfaction or release of lien.
The code enforcement board, in determining its recommendation, shall consider the following factors:
(1) The gravity of the violation;
(2) The time in which it took the violator to come into compliance;
(3) The accrued amount of the code enforcement fine or lien;
(4) Any previous or subsequent code violations;
(5) Any financial hardship; and
(6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine.
(f) After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien.
(g) The city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied.
The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division.
Chapters 3--5 RESERVED
Chapter 6 alcoholic beverageS*
ARTICLE I. IN GENERAL