(A) The Special Magistrate shall be authorized to review and approve requests for settlement, compromise or cancellation of liens imposed pursuant to this subchapter or F.S. Chapter 162. The Special Magistrate shall make the determination as to whether to settle a lien for less than face value or to cancel such lien altogether, upon submission of a Petition for Relief (form on file) by an affected property owner or prospective owner. Approval of settlement, compromise or cancellation shall be objectively based upon the following:
(1) The market value of the real property as most recently determined by the Brevard County Property Appraiser;
(2) The gravity of the violation;
(3) The due diligence of the property owner upon receipt of the violation notice;
(4) The actions taken and the amount of money spent on correcting the violation(s);
(5) Any previous violations committed by the property owner or the property owner's tenant and/or occupant;
(6) Whether the violation was committed by the current property owner; and
(7) Any other extenuating circumstances which justify the reduction or refusal to reduce the amount owed.
(B) The City Council may, at its discretion by resolution, adopt a more formal policy regulating the criteria for settlement, compromise or cancellation of code enforcement liens. No reduction may be granted by the Special Magistrate for a lien when current litigation exists in which the primary litigants are the property owners and the city and in which the real property is at issue.
(Ord. 2022-11, passed 1-20-22)