Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 25-18, Amending Title III, Chapter 37, Special Magistrate, of the Code of Ordinances of the City of Port St. Lucie; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
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Submitted By: Charlie Proulx, Deputy Director, Finance.
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): This is to amend Chapter 37 to remove interest charges and grant the special magistrate the authority to set caps on fines. Additionally, it will implement general housekeeping updates as recommended by the City Attorney’s Office. These revisions are essential for clarifying terminology, ensuring compliance with legal standards, and enhancing the overall effectiveness of the ordinance.
Presentation Information: A brief PowerPoint presentation, by Charlie Proulx, is available upon request.
Staff Recommendation: Move that the Council adopt Ordinance 25-18 Amending Title III, Chapter 37 of the Code of Ordinances of the City of Port St. Lucie.
Alternate Recommendations:
1. Move that the Council amend the recommendation and adopt Ordinance 25-18 Amending Title III, Chapter 37 of the Code of Ordinances of the City of Port St. Lucie.
2. Move that the Council provide staff direction.
Background: In October 2024, Palm Beach County was defeated in a class action lawsuit where the court determined that the County lacks the authority to charge and collect interest on code enforcement liens, prior to initiating a foreclosure action. Consequently, based on the recommendation of the City's legal team, the interest clause in Chapter 37 was removed. Furthermore, although the City has administratively implemented caps on fines, the Special Magistrate was not officially authorized to enforce these limits. Therefore, language was added to the proposed ordinance to formally establish this procedure. In the process of addressing these specific issues, the entire ordinance underwent a comprehensive review, resulting in housekeeping updates that streamline the language, ensure compliance with current legal standards, and remove any ambiguities.
Issues/Analysis: N/A
Financial Information: Historically, the City has generated approximately $60,000 annually from lien interest, with $50,000 allocated to the General Fund and $10,000 directed to the Building Fund.
Special Consideration: N/A
Location of Project: N/A
Business Impact Statement: N/A
Attachments: 1. Ordinance 25-18 Draft with Edits
2. Ordinance 25-18 Draft (Clean)
3. PowerPoint
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake #24275-07
Legal Sufficiency Review:
Reviewed by Richard Shiller, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.