Lien Reduction

Lien Reductions

Article II, Sections 14-4- 14-6 of our Code of Ordinances governs the Town’s process for seeking a lien reduction or lien release from any order imposing a fine or lien by the Town’s Special Magistrate. Parties interested in requesting a lien reduction or lien release shall submit application to our Code Compliance Division as directed below.

Application Submittal – Application Fee ($500 for each lien)

Applicants are required to complete the application and supplemental documents in their entirety and submit a completed application package to the Code Compliance Division in person or via mail at our Town Hall – 155 F Road, Loxahatchee Groves, Florida, 33470. Applications may also be emailed to code@loxahatcheegrovesfl.gov. A $500.00 fee per reduction shall accompany the lien reduction application or $300 per lien release application. The Town accepts in person payments of check, money order and credit/debit. In person payments can be made at Town Hall located at 155 F Road, Loxahatchee Groves, Florida, Monday through Thursday, 8:30 a.m. to 4:30 p.m. Delays in processing your application will occur if an incomplete application package and/or failing to pay the application fee occurs.

Preliminary Conditions for submitting a Lien Reduction

The following conditions must be met for a petition for a lien reduction to be set for hearing in front of the Special Magistrate:

1. The underlying violation, which resulted in the order of violation and ultimate lien imposition, did not endanger any person’s health, life or safety. The determination of whether the underlying violation endangered violation any person’s health, life or safety will be made by the Town Manager or their designee.
2. An affidavit of compliance has been issued and mailed to the petitioner for the real property that confirms the property is in compliance with the violations addressed in the Special Magistrate’s order. If you do not know if the subject property is in compliance, then you can contact the Town's Code Compliance Division for a Code Officer to inspect the applicant's property(ies).  If the Code Compliance Officer verifies compliance, they will update the property record and send to you the Affidavit of Compliance which can be included in the Lien Reduction submittal. If the Code Compliance Officer is not able to confirm compliance, a notice identifying the outstanding issues will be sent to the property owner.
3. The subject property and all other real property owned by the petitioner within the town must be in compliance with the town’s code of ordinances.
4. All outstanding code enforcement administrative costs and the petition fee have been paid in full.
5. The petitioner has no overdue or delinquent accounts with the Town, including but not limited to, Town taxes, permit fees, and cost recovery accounts

If the above conditions are not satisfied, the petition will be denied, and the town will mail a copy of the notice of denial to the petitioner by regular U.S. Mail to the address provided in the petition.

Lien Reduction Application Packet – Required to be Completed

Hearing

Hearings are held in the Town of Loxahatchee Groves Council Chambers, 155 F Road, Loxahatchee Groves, Florida, 33470. Eligible applications will be set for the next available hearing date. If all compliance requirements have been met, the Code Compliance Division will set a hearing date, at which time the Special Magistrate may consider the application and any Town 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. Failure of the petitioner to attend the hearing will result in the Town requesting that the petition be denied, unless otherwise agreed to in writing by the Town.

Special Magistrate Determination

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 gravity of the violation;
2. Any action(s) taken by the petitioner to correct the violation(s);
3. Any previous violations committed by the petitioner; 
4. Any recommendation of the Town Administration; 
5. Whether the Petitioner or managing member of the Petitioner owns other properties in the Town, and how many had other code cases or other liens;
6. Whether the Petitioner owned or was the managing member or the property for which the lien was placed at the time the lien was placed;
7. Any other factor which may show a hardship on the Petitioner requesting the release or which may provide a reasonable basis for the requested relief;
8. The length of time between the ordered compliance date and the date the violation was eliminated;
9. Any actual costs expended by the owner to cure the violation as provided by supporting documentation, including payment of town licensing or permit fees; an
10. Any other matter suggesting that the lien reduction is or is not equitable and/or in the best interests of the Town. 

The Special Magistrate may make one of the following determinations: 

(i) Grant the application and reduce the lien to a specified amount, which shall not be less than twenty-five (25%) percent of the lien amount, provided, however that the lien amount shall not be reduced to less than $5,000 under any circumstances or

(ii) Deny the application for a reduction.

If the reduction is granted, the Special Magistrate’s order shall include a date certain for the payment of the reduced fine/lien and shall include a statement that if the reduced lien is not paid in full on the date provided, the lien amount shall automatically revert back to the original amount. 

Effect of Denial

If the application is denied after a hearing before the Special Magistrate or if the application is automatically denied due to the failure of the petitioner to meet the preliminary conditions required by section 14.5.a, the petitioner shall thereafter be barred from applying for a subsequent reduction or forgiveness of the lien from the Special Magistrate for a period of one (1) year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this policy.

Subsequent to the denial of an application for a lien reduction and following the expiration of the one-year within period from the date of such denial, a Petitioner shall be permitted only one opportunity to reapply for a lien reduction, before the Special Magistrate.