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County Administrator's Report 13. 10.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	10/17/2013
Issue: Amendment to the Escambia County Code Enforcement/Nuisance Abatement Lien Collection Policy (Section III; H.3)
From:	Amy Lovoy
Department:	OMB
CAO Approval:

RECOMMENDATION:

Recommendation Concerning an Amendment to the Escambia County Code Enforcement/Nuisance Abatement Lien Collection Policy - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the amendment to the Escambia County Code Enforcement/Nuisance Abatement Lien Collection Policy, (Section III, Part H.3) to include re-recording older Code Enforcement Liens for an additional ten years if needed, and to hold the property owner responsible for legal fees once the foreclosure process has begun.

BACKGROUND:

Code Enforcement Liens recorded after July 1, 1994 may be re-recorded for an additional (10) ten years (Florida Statue 55.10). This will allow the County to extend Code Enforcement Liens up to a maximum of (20) years (Florida Statue 55.081) allowing collection time to be lengthened.

A property owner receives (2) two collection letters over a period of (90) days requesting payment within a 30-day period. Both letters give the owner an opportunity to start a payment plan. The second collection letter states that the County may foreclose on the property if not paid within 30 days. If payment is not forthcoming and the property is financially feasible to foreclose on, then a foreclosure board recommendation is then submitted for approval. Upon approval, the case is then submitted for foreclosure. These costs ($1175 plus fees & court costs) begin as soon as the foreclosure council begins work on the case. A summons is sent to the property owner, whereas, sometimes the owner then comes in and joins the payment plan leaving the County responsible for the foreclosure costs. Adding an addendum for the property owner to be held responsible for all accumulated legal fees once the foreclosure process begins would save the County money.

BUDGETARY IMPACT:

Additional addendums will extend time to collect on Code Enforcement Liens and to lighten the financial burden on the County for foreclosure legal fees.

LEGAL CONSIDERATIONS/SIGN-OFF:

PERSONNEL:

POLICY/REQUIREMENT FOR BOARD ACTION:

Florida Statue 55.10 and 55.081.

IMPLEMENTATION/COORDINATION:

Attachments
CE-NA Lien Collection Policy Amendment Updates