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Home My WebLink AboutO-2004-002 Increase Lien Inquiry Fees to $500 ORDINANCE NO. 2004-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE VI, SECTION 23-66 "REQUESTS FOR INFORMATION CONCERNING OUTSTANDING CITY LIENS" OF CHAPTER 23 OF THE CODE OF ORDINANCES TO INCREASE THE LIEN INQUIRY FEE TO $50.00 PER PROPERTY FOLIO NUMBER, PROVIDING THAT THE ADDITIONAL CHARGE FOR REQUESTS INVOLVING MORE THAN ONE (1) HOUR OF CLERICAL TIME SHALL ALSO BE INCREASED TO $50.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA.- 0 0 0 Section 1. That Article VI., Section 23-66 of Chapter 23 of the Code of 10 Ordinances of the City of Dania Beach, Florida, is amended to read as follows: Sec. 23-66. Requests for information concerning outstanding city liens. 0 Whenever the city receives a request for an accounting of the amounts of any outstanding city liens, a nonrefundable minimum service fee of twenty-five fifty dollars ($2550.00) per request shall be charged to the person making the request, payable in advance, Additional charges at the rate Of tWeRty five dellaFs fifty ($2550.00) per hour shall be charged if the request requires more than one (1) hour of clerical time. Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. I ORDINANCE NO. 2004-002 Section 4. upon adoption. That this ordinance shall be in force and take effect immediately PASSED AND ADOPTED on first reading on December 8, 2003. PASSED AND ADOPTED on second reading on January 13, 2004. ESI: CHARLENE Avi-IONSON CITY CLERK 'MISSIONER ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES COMMISSIONER MIKES — OUT OF ROOM VICE -MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS WM AND CORRECTNESS: BY: TH.bmAs(J/AqSbRO CITY ATTORNEY 2 ORDINANCE NO. 2004-002 INTEROFFICE MEMORANDUM CITY OF DANIA BEACH CITY CLERK DEPARTMENT TO: Ivan Pato, City Manager Mayor and City Commissioners FROM: Charlene Johnson, City Clerk I r RE: Increasing fees for Lien Inquiries DATE: November 7, 2003 Lien Inquiry Fees: The City Clerk Department established a $25.00 Lien Inquiry Fee in 1991. Lien inquires are received on a daily basis mostly from attorneys and title companies who need to confirm whether or not there are any outstanding City liens owing on a specific property for selling or refinancing purposes.'In some cases, we are asked to return the information within a 2-3 day period or sooner based on scheduled closings. The procedures for handling these requests includes the gathering of lien information and the use of programs such as the HTE Accounts Receivable, Excel, Lien Database, Broward County Property Database, utility billing system and special assessment rolls. As a result of the attached survey conducted by Lauderdale Lakes, we are charging the normal rate, however, you can see that some cities are charging $30 or $50. The City of Hallandale charges $50 for an 8-day turn around and $125 to "expedite" the request within 2-days. I would like to recommend that you consider an amendment to Sections 23-66 and 23-67 of the Code of Ordinances to increase the lien inquiry fee amount. Attachments: Ord. 46-91 0 city Lien Search Amount Lobbyist Reg F e- e- Coral Springs $30 No Lauderhill $25 Yes -0- Coconut Creek $25 No Oakland Park $25 No Miramar $25 Yes $100 Tamarac $35 No Margate $25 (5 day turnaround) No Hollywood $25 Yes -0- Pompano Beach $25 per folio Yes -0- Ft. Lauderdale $10 Yes -0- Hallandale $50 (8 working day No turnaround) $125 "expedite" (2 day turnaround) Wilton Manors -0- No Davie $20 per folio Yes -0- Lighthouse Point $30 No Dania $25 Yes -0- Pembroke Park $50 No is OE)Q R644%5TS ORDINANCE NO. 46-91 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, CREATING A NEW SECTION OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO BE DESIGNATED SECTIONS 23-66 AND 23-67 OF ARTICLE VI OF CHAPTER 23, PROVIDING FOR A SERVICE CHARGE FOR PROCESSING REQUESTS FOR LIEN INFORMATION; PROVIDING FOR SEPARABILITY;* PROVIDING FOR CODIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania receives numerous requests from lawyers, real estate agents and title companies for information concerning liens placed by the city on property; and WHEREAS, the nature of the requests� requires extensive clerical time to research the city's reco.rds and to respond to each request; and WHEREAS, the city commission wishes to impose a reasonable charge for this service, which charge will be consistent with the requirements of the Public Records Law, Section 119.07, Florida Statutes; and WHEREAS, the city incurs additional expense preparing and recording various liens and lien satisfactions; and WHEREAS, the city commission has determined that the persons who caused the liens to be recorded, or their successors, should bear all costs associated with preparing and recording the liens and lien satisfactions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: 11 46-91 Ordinance No. 0 Section 1. That Chapte r 23 of the Code of Ordinances of the City of Dania, Florida, be and the same is hereby amended by adding Article VI thereto which shall read as follows: "ARTICLE VI. SERVICE CHARGES FOR PROCESSING LIEN INFORMATION. "Sec. 23-66. Requests for information concerning outstanding city liens. Whenever the city receives a request for an accounting of the amounts of any outstanding city liens, a non-refundable minimum service fee of $25.00 per request shall be charged to the person making the requestf payable in advance. Additional charges at the rate of $25-00 per hour shall be charged if the request requires more than one (1) hour of clerical time." Sec. 23-67. Charges for preparing and recording liens and lien satisfactions. The following charges are imposed in connection with liens and lien satisfactions: Lien preparation and recording 55.00 Lien satisfaction preparation (recording by city) 45.00 Recording by party other than city 10.00 Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 3. It is the intention of the Dania city Commissioners that the provisions of this ordinance shall become and be made a part of the City of Dania Code; and that the sections of this ordinance may be renumbered or relettered and the word -2- Ordinance No. 46-91 "ordinance" may be changed to "section," "article," or -such other appropriate word or phrase in order to accomplish such intentions. Section 4. That except as herein amended, all other provisions of said Article 6 of Chapter 23 of the Code of ordinances of the City of Dania, Florida, shall remain in full force and effect. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. That this ordinance shall be in force and take effect immediately upon its final passage an&adoption. PASSED and ADOPTED on First Reading on the 26th day of November , 1991. PASSED and ADOPTED on Second and Final Reading on the 10th day of December 1 1991. M.9YOR COMMISSIONER ATTEST: 101 CITY CLERK AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: 7:SZ, "zf e, FRANK C. ADLER, City Attorney -3- ordinance No. 46-91 ARTICLE VI. SERVICE CHARGES FOR PROCESSING LIEN INFORMATION Sec. 23-66. Requests for information concerning outstanding city liens. Whenever the city receives a request for an accounting of the amounts of any outstanding city liens, a nonrefundable minimum service fee of twenty-five dollars ($25.00) per request shall be charged to the person making the request, payable in advance. Additional charges at the rate of twenty-five dollars ($25.00) per hour shall be charged if the. request requires more than one (1) hour of clerical time. (Ord. No. 46-91, § 1, 12-10-91) Sec. 23-67. 10 Sec. 23-67. Charges for preparing and recording liens and lien satisfactions. The following charges are imposed in connection with liens and lien satisfactions: Lien preparation and recording ... $55.00 Lien satisfaction preparation (recording by city) ... 45-00 Recording by party other than city ... 10.00 (Ord. No. 46-91, § 1, 12-10-91) 0 0 SUN -SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARR�FALM BEACH/MIAMI DADE .Z7 . BEFORp-7HE,"E"GNED AUTHORITY, PERSONALLY APPEARED Z4�%e� WHO, ON OATH, SAYS THAT 'fHE'IS A DULY AUTHORIZED RE�5_R_ ESENTATIVE OF THE CLASSIFIED ?7P,ARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED M R VPALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: HEARING ON JANUARY 13,2003 IN THE MATTER OF: Hearing on January 13 2003 IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: 12129,1 11726681 AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECURING;��DVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPW SWORN TO AND SUBSCRIBED BEFORE ME ON: 29-December-2003 , A.D. (SIGNATURE OF NOTARY PUBLIC) 0111111" yp Barbara Strickland i: colnrdimion # CC 944074 ExpLrcs July 24,2004 Bonded Thru mantic Bonding Co., Inc- Y (NAME OF 10 A OR STAMPED) PERSONALLY KNOWN z OR PRODUCED IDENTIFICATION NOTICE OF HEARING BEFORE CITY COMMI,1 SION CITY OF DAN BEACH, FLORIDA, R E', GARDING ADOPTION OF THE FOLLOWING PRO, POSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach' Florida, on January 1�( 2004, at 7:00 p ' m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN- ORDINANCE OF THE CITY OF DANIA BEACK, FLORIDA, � AMENDING CHAPTER 25, TRAFFIC - OF THE CITY CODE OF OR- DINANCES BY AMENDING SECTION 25-79, FINES'� TO INCREASE THE SUCA FIN ES FOR VIOLATIONS PURSUANT To SECTION 25-79: PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FUW THEIR, PROVIDING FOR AN; EFFECTIVE DATE. AN ORDINANCE OF TH9 CITY OF DANIA BEACW,, FLORIDA, AMENDING AM' TICLE VI, SECTION 23-66 i REQUESTS FOR INFORMM! TION CONCERNING OUT.7i STANDING CITY LIENS OE CHAPTER 23 OF THE CODq OF ORDINANCES TO IN, CREASE THE LIEN INQUIRY FEE TO $50.00 PER PROP- ERTY FOLIO NUMBER; PROVIDING THAT THE AD- DITIONAL CHARGE FOR REQUESTS, . INVOLVING MORE THAN ONE (1) HOUR or�CLCRICAL TIMr 3MALL ALSO BE INCREASED TO $50.00; PROVIDING FOR CONFLICTS; PROVIDINCi FOR SEVERANCE; FUR� THEIR, PROVIDING FOR AN EFFECTIVE DATE. . - .--i AN ORDINANCE OF THE CITY OF DANIA BEACW, FLORIDA, AMENDING AR- TICLE 1, CHAPTER 2 Ofi f' THE CITY CODE OF ORDI-_ NANCES, BY ADDING SEC7 TION 2-1.4 TO ESTABLISH A $ 100.00 LOBBYIST REG, i ISTRATION FEE; PROVID, ING FOR CONFLICTS; PRO- VIDING FOR SEVERANCE; FURTHER, PROVIDING FOB AN EFFECTIVE DATE. Copies of the proposedt Ordinances are on file in.' - the Office of the City; Clerk, City Hall, 100 West � Dania Beach Boulevard, - Dania BeaCh, Florida, and, may be inspected by the public during normal working hours. - Interested parties=p- pear at the a id meeting and be heard with respect to the pro-, posed. Any person who decides to appeal any clew cision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver7 batim record of the prol ceedings is made, which record includes the testi- mony at'id evidence upon, which the appeal is to be based. In accordance with th� American with Disabilities Act, persons needing as, sistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boule- vard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CIVIC City Clerk December 29, 2003