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Council adopts process for liens/fine reductions and sets administrative hearing fee
Summary
Council adopted Ordinance 28-25 establishing a process to seek fine or lien reductions before a special magistrate (with eligibility conditions), and set administrative hearing costs at $305 for evidentiary/compliance hearings and $100 if parties jointly agree to a reduced administrative process.
Cape Coral City Council adopted two related items on June 4 to update code-enforcement procedures and associated administrative costs.
Ordinance 28-25 creates a procedure for property owners (or subsequent purchasers) to petition a special magistrate to reduce a fine or lien after code enforcement action. Eligibility requires that all ad valorem taxes and special assessments be current, utilities and other government-imposed liens be paid, and all violations be corrected. The ordinance allows the city and property owner to mutually agree to a reduction. Applicants seeking a reduction must secure letters of no objection from any utility with an interest in a public utility easement (where applicable) and execute a hold-harmless/indemnification agreement in a form approved by the city attorney.
At the same meeting Council also adopted Resolution 172-25 setting an administrative cost for the special magistrate hearing. A fee-study produced a cost around $304.89, rounded to $305 for evidentiary or compliance hearings. The resolution also authorizes a reduced flat fee of $100 if the city and the requesting party agree to a negotiated resolution that avoids a contested hearing. Council passed both measures unanimously.
City staff emphasized the eligibility criteria and noted that any hard costs the city incurred (for example, abatement, demolition or mowing) would not be forgiven by a reduction and must be paid; if a petitioner fails to pay the reduced amount on the timetable specified, the lien reverts to the original amount.
