TITLE
title
Ordinance Amending Code Enforcement Procedures to Promote Efficiency and to Reduce Costs
body
BRIEF OVERVIEW
Background
The County Attorney’s Office drafted the proposed ordinance upon the request of the Code Enforcement Department.
The Code Enforcement Department, pursuant to the direction given by the BOCC in Resolution 2025-67, wishes to amend certain ordinances that it enforces for purposes of eliminating unnecessary spending. To that end, the proposed ordinance, if enacted, will: (1) empower the special master clerk, as opposed to the special master, to enter default orders against non-participating defendants; (2) ensure the due process rights of non-participating defendants by which they can apply to the special master to vacate defaults entered against them upon good cause shown; (3) authorize the BOCC to retain the services of debt collection agencies to ramp-up the County’s code enforcement cost recovery efforts; (4) repeal the County’s “zombie” cable television franchise ordinance; and (5) authorize the BOCC to enact by resolution programs that encourage voluntary code enforcement compliance.
Special Master Default Processes
Currently, Hernando County Code §§ 2-51(g) and 2-52 provide that a code enforcement defendant has 20 days after being served with a civil violation notice to request an administrative hearing at which he or she can contest it before a special master. The failure of a defendant to make a timely request for an administrative hearing waives the defendant’s right to contest the civil violation notice, and that, in such case, a special master may enter a default final order imposing a civil penalty against the defendant in an amount up to the applicable, maximum civil penalty.
The Code Enforcement Department has identified several flaws in the default process. First, the above-cited ordinance’s requirement that a special master sign the default order delays the entry of the default orders and requires the Department to incur the fees charged by the special master for reviewing and signing the default orders. Also, the current ordinance does not provide defaulted defendants with a mechanism by which they can have the defaults lifted upon the showing of good cause.
Section 2 of the proposed ordinance will correct the above-identified flaws in the default order process. First, the proposed ordinance amends Hernando County Code § 2-51(d) by authorizing the code enforcement clerk to sign default orders instead of a special master (in the same way that the Clerk of the Circuit Court signs defaults in civil litigation cases). Second, the proposed ordinance creates a new Hernando County Code § 2-51(e) pursuant to which a defaulted defendant will have a 21 day window in which he or she may move to lift a default order upon showing that the default was entered as the result of either excusable neglect on the defendant’s part or the County’s failure to properly serve the defendant with the civil violation notice in the manner required by law.
Collection of Civil Penalties by Debt Collection Agencies
Presently, Hernando County is one of the few counties that does not bolster its cost recovery efforts by referring its delinquent code enforcement accounts to collection agencies. Instead, the County records all code enforcement liens in the Official Records, and if the lien remains unpaid three months after it is recorded, the County Attorney’s Office is authorized to foreclose on the defendant’s non-homesteaded real property or execute on the defendant’s tangible real property. See Hernando County Code § 2-56(b). The BOCC, however, has a long-standing, unofficial policy that the County Attorney’s Office should neither foreclose nor execute on its code enforcement liens. As a practical matter, most code enforcement liens are not satisfied unless the properties to which they have been attached are sold.
The proposed ordinance addresses this problem by amending Hernando County Code § 2-56 and creating new Hernando County Code §§ 9-16 through 9-18, which will authorize County staff to refer delinquent code enforcement liens to debt collection agencies. A debt collection agency’s compensation and its authority to compromise/foreclose liens, if any, will be set forth in the contract entered into by the BOCC and the debt collection agency. Any costs that a debt collection agency incurs in the collection process will be added to the defendant’s outstanding balance.
Authorization of Voluntary Compliance Incentive Programs
The Hernando County Code does not currently allow the Code Enforcement Department to provide property owners with incentives to voluntarily bring their properties into compliance. Instead, the Department has to rely exclusively on the “stick” of code enforcement prosecutions.
The proposed ordinance rectifies this by enacting a new Hernando County Code § 2-60, pursuant to which the BOCC can implement voluntary compliance programs by enacting a resolution; provided such a compliance program cannot substantively depart from Hernando County Code § 2-52's procedural requirements.
Repeal of Cable Television Franchise Ordinance
To make room for the new Hernando County Code §§ 9-16 through 9-18, the proposed ordinance repeals the existing Chapter 9, which nominally establishes standards for county-issued cable television franchises.
The County’s cable television franchise ordinance is unenforceable, as the Legislature preempted local governments from granting such franchises when it enacted the Consumer Choice Act of 2007. See Chapter 2007-29, § 7, eff. May 19, 2007, codified at Fla. Stat. § 610.104. In other words, Hernando County Code Ch. 9 has consisted of unenforceable “zombie” regulations for the past 18 years.
FINANCIAL IMPACT
The impact of this proposed change could change the collection methods for the County, which would impact cash flow, depending on the final decision on this policy issue.
LEGAL NOTE
The Board is authorized to enact the proposed ordinance pursuant to Fla. Stat. § 125.01 and Fla. Stat. Ch. 162.
recommendation
RECOMMENDATION
It is recommended that the Board adopt the proposed ordinance and authorize the Chairman’s signature thereon.