Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning Division
Information
Requested Action
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MOTION TO ADOPT Resolution to levy a land clearance lien against certain described properties resulting from violations of the Property Maintenance regulations contained within Chapter 39 of the Broward County Code of Ordinances, the title of which is as follows: (Commission Districts 5 and 8)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, LEVYING A LAND CLEARANCE LIEN AGAINST CERTAIN DESCRIBED PROPERTIES IN UNINCORPORATED BROWARD COUNTY FOR NONPAYMENT OF LAND CLEARANCE COSTS, PURSUANT TO CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING FOR THE ACCRUAL OF INTEREST AND CHARGES FOR ADMINISTRATIVE COSTS; PROVIDING FOR RECORDATION IN THE PUBLIC RECORDS OF BROWARD COUNTY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
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Why Action is Necessary
Board approval of a Resolution is necessary to levy land clearance liens pursuant to Chapter 39, "Zoning", Article X, "Property Maintenance", Section 39-138 of the Broward County Code of Ordinances.
What Action Accomplishes
Holds a public hearing for the Board to levy land clearance liens, on behalf of Broward County, against certain described properties for costs incurred by Broward County associated with land clearing, administrative costs, and interest.
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Previous Action Taken
On February 20, 2024, the Board approved item to set this public hearing (Item 22).
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item relates to activities in the Broward Municipal Services District (BMSD). Section 39-138 of the Code of Ordinances authorizes the Board to levy a land clearance lien against the property for costs of clearance, together with interest thereon, plus all costs related to assessment and recording of the lien in the public records. These provisions establish and define minimum standards for the proper care and maintenance of properties to preserve the public health and safety, protect and enhance property values and enhance the quality of life in the BMSD.
The Lien Resolution (Exhibit 2) includes Exhibit A that identifies violations and provides property-specific information. The County has complied with all procedural requirements necessary to levy these liens. The property owners were given notice of the violation(s) and failed to have the property cleared of litter, debris, garbage, and/or overgrown vegetation, forcing the County or its designee to clear the property.
All property owners were re-notified of the proposed levy of special assessment liens and provided an additional opportunity to seek settlement, adjustment or compromises of land clearance costs and fees consistent with provisions of the Property Maintenance Ordinance. Exhibit A of the Resolution has been updated to reflect a settlement that was received.
Source of Additional Information
Josie P. Sesodia, AICP, Director, Urban Planning Division, (954) 357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
Approval of the motion may result in recovering $17,461.50 from the subject property owners to reimburse the County for costs incurred in the land clearing process.