Lien Reductions
Section 2-25 of our Code of Ordinances governs the City’s process for seeking a lien reduction from any order imposing a fine or lien by a Special Magistrate. Parties interested in requesting a lien reduction shall submit application to our Code Compliance Unit as directed below. The City will process an application for lien reduction provided the subject code case is in compliance, and no other code violations exist on the subject property or any other property within the City owned by the violator.
Application Submittal – Application Fee ($200.00 + $50.00 for each additional lien)
Applicants are required to complete the application and supplemental documents in their entirety, and submit a complete application package to the Code Compliance Unit in person or via mail at our City Hall – Police Station, 2020 Wilton Drive, Wilton Manors, Florida, 33305. Applications may also be emailed to codecompliance@wmpd.org. A $200.00 fee shall accompany the application, and an additional $50.00 shall be submitted per any additional lien recorded against the property. The City accepts in person payments of cash, check, money order and credit/debit. In person payments can be made at City Hall located at 2020 Wilton Drive, Wilton Manors, Florida, Monday through Thursday, 7:00 a.m. to 6:00 p.m. You may also submit payment using our Online Bill Pay portal by clicking HERE. Delays in processing your application will occur if an incomplete application package and/or failing to pay the application fee occurs. Upon receipt of the completed application and fee payment, the City's Code Compliance Unit will inspect the applicant's property(ies) and City records to verify compliance. If the Code Compliance Officer verifies compliance, they will confirm compliance and update the property record. If the Code Compliance Officer is not able to confirm compliance, a notice identifying the outstanding issues will be sent to the applicant. The applicant shall have thirty (30) days from receipt of notice from the City to comply with the outstanding issues. Should the applicant fail to do so, the application will be deemed withdrawn, and should the applicant desire to again request a mitigation of a code compliance lien, a new application will need to be filed, including payment of the required application fee(s).
Lien Reduction Application and Supplemental Documents – Required to be Completed
1. Application for Lien Reduction
2. Lien Reduction Questionnaire
3. Financial Affidavit
Initial Consideration
No application will be processed unless and until the Code Compliance Officer verifies that the subject property is in compliance with all City codes, and the subject property is free of all outstanding debts due to the City which includes, but is not limited to, taxes, local business tax receipts, utility accounts, and other code enforcement cases. The Special Magistrate shall not grant a lien reduction to any applicant whose property is the subject of any pending foreclosure proceedings initiated by the City of Wilton Manors or was purchased at a tax deed sale without the express written consent of the City Attorney.
Hearing
Hearings are held in the City of Wilton Manors Commission Chambers, 2020 Wilton Drive, Wilton Manors, Florida, 33305. Eligible applications will be set for the next available hearing date. If all compliance requirements have been met, the Code Compliance Administrative Assistant will set a hearing date, at which time the Special Magistrate may consider the application and any City response. The Special Magistrate shall only consider testimony and evidence pertaining to the Application for Lien Reduction and not evidence or testimony contesting the underlying violation or the previous finding of violation by the Special Magistrate.
Special Magistrate Determination
The Special Magistrate shall enter an Order granting or denying the requested relief in whole or in part, or such relief as the Special Magistrate may deem appropriate. The Special Magistrate shall consider all relevant factors to determine what relief, if any, is appropriate including, but not limited to the following:
1. The nature and gravity of the violation;
2. Any actions taken by the owner to correct the violation;
3. The length of time between the ordered compliance date and the date the violation was eliminated;
4. Any actual costs expended by the owner to cure the violation as provided by supporting documentation, including payment of City licensing or permit fees;
5. Any other prior or current violations committed by the owner on the subject property or upon any other property owned by the owner within the City;
6. Repeat violations committed by the same owner regardless of whether it is on the same property; and
7. Costs incurred by the City to abate the violation and prosecute the case, including administrative and overhead expenditures.
Special Magistrate Rulings
The Special Magistrate may reduce the fine upon a finding of good cause, based on the provisions of Section 2-25 of our City’s Code of Ordinances and any evidence and testimony presented; otherwise the application shall be denied. The Special Magistrate may make the following rulings:
1. The lien for owner occupied property shall not be reduced to an amount less than fifteen (15) percent of the total lien, or to the total of all incurred City costs and expenses including but not limited to attorney's fees, whichever is greater;
2. The lien for all other property shall not be reduced to an amount less than fifty (50) percent of the total lien, or to the total of all incurred City costs and expenses including but not limited to attorney's fees, whichever is greater; or
3. Upon a finding of extreme hardship, including financial hardship, the Special Magistrate may reduce the fine up to one hundred (100) percent. Such a finding may only be made in rare and extraordinary circumstances. The Special Magistrate shall exercise caution in making such a finding.
Submitting Payment of the Lien
Any reduction granted shall be contingent upon payment within sixty (60) days of the order. The Special Magistrate may grant additional time to remit payment to the City and such additional time must be specified in the order. Failure to remit payment to the City by the date ordered shall cause the original fine to be reinstated. The City accepts in person payments of cash, check, money order and credit/debit. In person payments can be made at City Hall located at 2020 Wilton Drive, Wilton Manors, Florida, Monday through Thursday, 7:00 a.m. to 6:00 p.m. You may also submit payment using our Online Bill Pay portal by clicking HERE.
Appealing Special Magistrate’s Decision to City Commission - ($375.00 + $50.00 for each additional lien)
Applicants may appeal the Special Magistrate's decision to the City Commission. The applicant's notice of appeal shall be provided to the City in writing within ten (10) days of the date of the order. Applications shall be submitted to the Code Compliance Unit in person or via mail at the Wilton Manors City Hall – Police Station, 2020 Wilton Drive, Wilton Manors, Florida, 33305. Applications may also be emailed to codecompliance@wmpd.org. A $375.00 fee shall accompany the application, and an additional $50.00 shall be submitted per any additional lien recorded against the property. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. A party receiving a lien reduction, shall, in addition to any reduced lien amount, pay to the City an amount determined by the City Commission to be reasonably related to the City's administrative costs of enforcing the City code and collecting the lien amount. The City Commission may make the following decisions:
1. Affirm the Special Magistrates order;
2. Reverse the Special Magistrates order; or
3. Modify the Special Magistrate's order.
Submitting Payment of the Lien Following Appeal to City Commission
Following the decision of the City Commission, payment to the City shall be made as directed by the City Commission. Failure to remit payment to the City by the date directed shall cause the original fine to be reinstated. The City accepts in person payments of cash, check, money order and credit/debit. In person payments can be made at City Hall located at 2020 Wilton Drive, Wilton Manors, Florida, Monday through Thursday, 7:00 a.m. to 6:00 p.m. You may also submit payment using our Online Bill Pay portal by clicking HERE.