HomeMy WebLinkAbout2011-102RESOLUTION 2011 = 102
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING CERTAIN
AUTHORITY TO THE CODE ENFORCEMENT BOARD AND THE
COMMUNITY DEVELOPMENT DIRECTOR TO REDUCE,
COMPROMISE, SATISFY AND RELEASE CODE ENFORCEMENT
BOARD LIENS
WHEREAS, chapter 162, Florida Statutes authorizes the Board of County
Commissioners ("Board") to create a local government code enforcement board; and
WHEREAS, in section 103.03(3) of the Code of Indian River County, the Board
created the Indian River County Code Enforcement Board ("Code Enforcement Board");
and
WHEREAS, section 162.09(3), Florida Statutes provides, in part, that "a lien
arising from a fine imposed [by the Code Enforcement Board] runs in favor of the local
governing body, and the local governing body may execute a satisfaction or release of
lien entered pursuant to this section"; and
WHEREAS, the Florida Attorney General, in AGO 2002-62, interpreted the
aforesaid statutory language to mean that once a Code Enforcement Board fine
becomes a lien, only the Board, and not the Code Enforcement Board or the
Community Development Director, has the authority to reduce, compromise, satisfy or
release the lien; and
WHEREAS, because the Code Enforcement Board has more direct involvement
and knowledge with respect to specific fines levied in proceedings before it, the public
interest is served if the Code Enforcement Board has authority, concurrent with the
authority of the Board, to reduce, compromise, satisfy and release Code Enforcement
Board liens; and
WHEREAS, because the satisfaction and release of Code Enforcement Board
liens which are paid in full is anon- discretionary, ministerial act, V interest is
further served if the Community Development Director has authority, concurrent with
authority of the Board and Code Enforcement Board, to satisfy and release Code
Enforcement Board liens which are paid in full,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. Recitals. The above recitals are incorporated as the findings of the
Board.
2. Delegation of Authority to the Code Enforcement Board. The Board
hereby delegates to the Code Enforcement Board the authority to reduce,
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RESOLUTION 2011 -102
compromise, satisfy and release liens which have resulted from fines
levied by the Code Enforcement Board. Such authority shall exist
concurrently with the authority of the Board to reduce, compromise, satisfy
and release such liens.
3. Delegation of authority to the Community Development Director.
The Board hereby delegates to the Community Development Director, or
his designee, the authority to satisfy and release Code Enforcement Board
liens which are paid in full. Such authority shall exist concurrently with the
authority of the Board and the Code Enforcement Board to satisfy and
release such liens.
The foregoing resolution
Davis an
Flescher and,
was moved for adoption by Commissioner
d the motion was seconded by Commissioner
upon being put to a vote, the vote was, as follows:
Chairman Bob Solari Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
The Chairman thereupon declared the resolution duly passed and adopted this
sth day of November, 2011.
Attest: Jeffreyl�. Barton,
uty Clerk
Approved for form and legal sufficiency
County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY ftk� do 40 so
By:
Bob Solari, Chairman
BCC approval