PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 1.98.B., GENERAL ORDINANCES, MARTIN COUNTY CODE, REGARDING DELEGATION OF APPROVAL AUTHORITY FOR RELEASE AND REDUCTION OF CODE ENFORCEMENT LIENS
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EXECUTIVE SUMMARY:
executive summary
This is a request to consider approval of an ordinance amending Section 1.98.B, General Ordinances, Martin County Code, to delegate the Board’s decision-making authority for final approval of code enforcement lien releases and reductions to the Code Enforcement Special Magistrate.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian K. Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Jeffrey Dougherty, Building Official/Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Chapter 1, Article 4, Section 1.98, General Ordinances, establishes the procedures for the release or reduction of code enforcement liens. Currently, a release or reduction of a code enforcement lien requires a recommendation of approval from the Code Enforcement Special Magistrate and then a subsequent final approval by the Board. This amendment would delegate the Board’s approval authority for code enforcement lien releases and reductions to the Special Magistrate. Under the proposed ordinance, the Code Enforcement Special Magistrate makes the final decision for code enforcement lien releases and reductions. The Special Magistrate’s authority would be limited by Section 1.98.B., which prohibits the reduction of any lien to a value less than 10% of the total lien amount or 10% of the value of the violating property, whichever is less.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance amending Section 1.98.B, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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