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Commission examines code enforcement settlement process 

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Mayor Nick Nesta speaks during a May 20 Apopka City Commission meeting as Commissioner Sam Ruth listens. On Wednesday, the commission approved two code enforcement settlement agreements and discussed changes to improve transparency and consistency in the city's code enforcement settlement process.
Mayor Nick Nesta speaks during a May 20 Apopka City Commission meeting as Commissioner Sam Ruth listens. On Wednesday, the commission approved two code enforcement settlement agreements and discussed changes to improve transparency and consistency in the city's code enforcement settlement process.

Dana O'Connor

Key Points

  • The Apopka City Commission approved two code enforcement settlement agreements reducing liens to $18,000 and $12,000 after property compliance.
  • Commissioners called for standardized procedures and greater transparency in lien settlements to improve public oversight.
  • Future settlements will require commission approval before payment, correcting prior procedural flaws noted by city officials.

The Apopka City Commission unanimously approved two code enforcement settlement agreements Wednesday after using the items to examine how the city negotiates and approves reductions in code enforcement liens, with commissioners calling for greater transparency and standardized procedures. 

The consent agenda included settlement agreements for properties at 1760 Saddleback Ridge Road and 215 Sharp St., both of which involved reducing outstanding code enforcement liens after the properties came into compliance with the city’s property maintenance code.  

According to city staff reports, the Saddleback Ridge property’s lien was reduced to an $18,000 settlement, while the Sharp Street property’s lien was reduced to $12,000.  

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Commissioner Sam Ruth requested that both items be pulled from the consent agenda for discussion, saying he wanted to better understand how previous settlements had been handled. 

Ruth said some of the accumulated liens were substantial and questioned whether previous practices provided enough public oversight, and whether there were established standards governing how fines accumulated and how settlement amounts were determined.  

“I wanted to make sure that we [weren’t] using this for a revenue source,” Ruth said. “I wanted to bring it into the daylight instead of the dark.” 

Code Enforcement Director John Hanson told commissioners the two agreements reflected the city’s previous process. 

“These are two of the old, old ways that they were doing it before,” Hanson said. “They basically already paid their liens and all that, and you guys are just approving that.” 

Going forward, Hanson said settlement agreements will come before the commission before payment is collected. 

Mayor Nick Nesta said the revised process corrects what he viewed as a procedural flaw. 

“It didn’t make sense that we would settle — or staff would settle an agreement — [and] payment would be received before this commission would approve it, because if we don’t approve it, we just took cash in that we shouldn’t be taking,” Nesta said. 

Commissioner Yesenia Baron also requested improvements to the information presented in commission packets and said documents should be organized chronologically, “so that way, we as a commission can make a concise decision.” 

Vice Mayor Diane Velazquez questioned how long property owners are given to pay negotiated settlements and whether deadlines are standardized. 

Code Enforcement official Jason Woertman said settlement deadlines vary depending on individual negotiations and that agreements become void if payment is not made within the agreed-upon timeframe. 

Commissioner Nadia Anderson raised concerns that the city’s current practice of negotiating settlements, generally between 10% and 20% of a lien or the property’s value, lacks formal standards. 

“I think we need a standard of what that looks like,” Anderson said. “There should be a set standard. Right now, there’s not a set standard.” 

Nesta agreed. 

“The goal of code enforcement in general is not revenue,” Nesta said. “If we don’t make a dime from this, that is best case scenario. It’s compliance. We just want people in compliance.” 

Author

  • Teresa Sargeant has been with The Apopka Chief for over 10 years.

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