TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City Commission of the City of North Port, Florida, Relating to Fines and Liens; Amending the Code of the City of North Port, Florida, Section 2-511 to Expand and Clarify the Lien Reduction Program for Code Enforcement Fines; Providing for Conflicts, Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance No. 2025-23 on first reading and continue to second reading on September 23, 2025.
Recommended Action for Second Reading
Adopt Ordinance No. 2025-23.
City Commission Options
Option 1: Approve Ordinance No. 2025-23 on first reading and continue to second reading on September 23, 2025.
• Pros: Facilitates the remediation of code violations and encourage the re-occupancy of vacant or neglected properties, thereby improving neighborhood conditions and the overall quality of life for residents. Ensures that administrative costs, contractor or vendor abatement fees and/or labor and supply costs incurred by the City for abatement, if applicable, and recording fees associated with enforcement, are not borne by the taxpayers.
• Cons: May result in a reduction of recovered lien revenue, however, the City’s lien collection rate is historically low and often unrecoverable due to primary lien holders on properties at time of sale.
Option 2: Amend Ordinance No. 2025-23 to require payment of maximum cumulative fines for all lien reduction applications, then approve Ordinance No. 2025-23 on first reading and continue to second reading on September 23, 2025.
• Pros: Ensures payment of the following minimum fines for all lien reduction requests:
Ø $2,000.00 for any violation of the unified land development code;
Ø $5,000.00 for any violation of the Florida Building Code except for violations as defined as 2-511(b)(1)(d); as it pertains to unsafe abatement as determined by the Building Official. There is no maximum fine cap for violations defined in 2-511(b)(1)(d).
Ø $1,000.00 for any other violation of a city code or ordinance.
Ø $25,000.00 for any repeat violations.
• Cons: Minimum fine payment requirements will be a deterrent to participation in the lien reduction program, resulting in reduced effectiveness of the program to facilitate rehabilitation of distressed properties.
Option 3: Deny Ordinance No. 2025-23.
• Pros: Retains the existing lien reduction program thereby preserving the possibility of lien recovery revenue.
• Cons: The current program applies only to fines imposed before October 26, 2010, and has been ineffective tool for facilitating the rehabilitation of distressed properties. May result in recovered lien revenue, however, the City’s lien collection rate is historically low and often unrecoverable due to primary lien holders on properties at time of sale.
Background Information
Information for Second Reading
The City Commission voted unanimously to continue Ordinance No. 2025-23 to second reading on September 23, 2025.
The City of North Port currently has a lien reduction program that is limited in applicability and overly restrictive, making it an ineffective tool for facilitating the rehabilitation of distressed properties. Amending the program to expand its scope and eligibility for both current and prospective property owners will help expedite the remediation of code violations and encourage the re-occupancy of vacant or neglected properties. This will foster a safer community, improve neighborhood conditions and enhance the overall quality of life for residents.
Approval of Ordinance No. 2025-23 will amend Sec. 2-511 of the City Code to allow administrative approval of lien reductions for property owners who have brought a property into compliance. It also establishes an alternative procedure for non-compliant properties, applicable to property owners or prospective buyers, wherein a Memorandum of Agreement may be prepared to include an agreed upon scope of work and timeframe for compliance. The City Commission will then consider the agreement, and if approved, the City Manager or designee may approve release of the lien upon completion of the scope of work and payment of the reduced lien amount.
Applicants of the lien reduction program will be required to reimburse the City for administrative costs, contractor or vendor abatement fees, and/or labor and supply costs incurred by the City for abatement, if applicable, and recording fees associated with enforcement. This ensures that the financial burden is not unfairly shifted to taxpayers who are not associated with the property.
The City Attorney’s Office has reviewed Ordinance No. 2025-23 for form and correctness.
Strategic Plan Pillar
Good Governance
Quality of Life
Safe Community
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2025-23 (Adoption, no line numbers)
2. Ordinance No. 2025-23
Prepared by: Lori Barnes, AICP, CPM, Deputy Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department