Opelika commission directs manager to develop foreclosure process for properties with large code-enforcement liens

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Summary

The commission voted unanimously to have the city manager design a due-diligence and foreclosure process for properties where code-enforcement liens have grown large and the city determines litigation and foreclosure are in its best interest; the city attorney will perform legal work after staff identifies candidate properties.

The City Commission on July 23 instructed the interim city manager to develop a process that would allow the city to pursue foreclosure on properties carrying significant code-enforcement liens, when foreclosure is judged to be in the city's best interest.

Why it matters: Many properties in the city have accumulated fines and liens over time. The resolution directs staff to build a process to identify candidate properties, perform lien and title checks, and, if warranted, bring foreclosure cases to the city attorney and back to the commission for litigation approval.

Key details - The resolution asks the manager to develop a foreclosure protocol for properties with substantial code-enforcement liens, including due-diligence steps such as lien searches, title reviews and cost-benefit analysis before any foreclosure action. - The city attorney confirmed the legal office handles foreclosures, but recommended staff identify properties and complete initial due diligence so the attorney's office can proceed efficiently. - The city will continue to pursue amnesty or negotiated solutions where appropriate; the resolution applies when staff determines negotiation or other remedies are exhausted and foreclosure is appropriate.

Procedure and safeguards - The manager will inventory candidate properties, determine ownership and lien amounts, order title work and appraisals as needed, and recommend whether litigation/foreclosure is warranted. - Any foreclosure action would still require a separate vote by the commission before litigation proceeds.

Ending - The commission approved the directive 5'0to'0 and asked staff and the city attorney to return with a recommended process that balances enforcement with options for negotiation and amnesty programs where appropriate.