Request For Lien/Fine Reduction

Properties sometimes run up large amounts in fines and liens. There is a process for going before a magistrate to ask for a reduction. You may apply for a lien reduction by filling out the Request for Reduction of Fine/Lien Form. There is a $100 application fee. The fee includes one property inspection. Additional inspections are $35.00 each.

Before the property can go to a lien reduction hearing, several conditions must be met;

  • The case that accrued the fines must be complied.
  • The property is inspected by a code officer to ensure that no other violations exist on the property.
  • Any other properties, in the Village, that are owned by the same owner/applicant are also inspected.
  • Any monies owed to the Village other than the fine that is being considered for reduction must be paid.
  • Any expired permits must be completed.

Lien Reduction Process

Section 2-178 of our Code of Ordinances governs the Village’s process for seeking a lien reduction from any order imposing a fine or lien by a Special Magistrate. Parties interested in requesting a lien reduction shall submit an application to our Code Compliance Division as directed below.

Application Submittal – Application Fee ($100.00)

Applicants are required to complete the application and supplemental documents in their entirety, and submit a complete application package to the Code Compliance Division in person or via mail at the Village of North Palm Beach Community Development Department 701 US Highway 1, Suite 100, North Palm Beach, Florida 33408. A $100.00 nonrefundable fee shall accompany the application. The Village accepts in person payments of cash, check, money order and credit/debit. In person payments can be made at, 701 US Highway 1, Suite 100, North Palm Beach, Florida 33408 Monday through Friday, 7:00 a.m. to 3:00 p.m. Delays in processing your application will occur if an incomplete application package and/or failing to pay the application fee occurs.

Upon receipt of the completed application and fee payment, the Village’s Code Compliance Division will inspect the applicant's property(ies) and Village records to verify compliance. If the Code Compliance Officer verifies compliance, they will confirm compliance and update the property record. If the Code Compliance Officer is not able to confirm compliance, a notice identifying the outstanding issues will be sent to the applicant. The applicant shall have thirty (30) days from receipt of notice from the Village to comply with the outstanding issues. Should the applicant fail to do so, the application will be deemed withdrawn, and should the applicant desire to again request a mitigation of a code compliance lien, a new application will need to be filed, including payment of the required application fee(s).

Lien Reduction Application and Supplemental Documents – Required to be Completed

  1. Request for Reduction of Fine/Lien Form
  2. Request for Reduction of Fine/Lien Instructions
  3. Lien Reduction Request Questionnaire
  4. Request for Extension of Time

Initial Consideration

No application will be processed unless and until the Code Compliance Officer verifies that the subject property is in compliance with all Village codes, and the subject property is free of all outstanding debts due to the Village which includes, but is not limited to, taxes, local business tax receipts, utility accounts, and other code compliance cases. The Special Magistrate shall not grant a lien reduction to any applicant whose property is the subject of any pending foreclosure proceedings initiated by the Village of North Palm Beach or was purchased at a tax deed sale without the express written consent of the Village Attorney.

Hearing

Hearings are held in the Village of North Palm Beach Council Chambers, 501 US Highway 1, North Palm Beach, Florida 33408 on the first Monday of every month unless there is a holiday. 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 Village 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.

Special Magistrate Determination

The Special Magistrate shall enter an Order granting or denying the requested relief in whole or in part, or such relief as the Special Magistrate may deem appropriate. 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 nature and gravity of the violation;
  2. Any actions taken by the owner to correct the violation;
  3. The length of time between the ordered compliance date and the date the violation was eliminated;
  4. Any actual costs expended by the owner to cure the violation as provided by supporting documentation, including payment of Village licensing or permit fees;
  5.  Any other prior or current violations committed by the owner on the subject property or upon any other property owned by the owner within the Village;
  6. Repeat violations committed by the same owner regardless of whether it is on the same property; and
  7. Costs incurred by the Village to abate the violation and prosecute the case, including administrative and overhead expenditures.

Special Magistrate Rulings

The Special Magistrate may reduce the fine upon a finding of good cause, based on the provisions of Section 2-178 of our Village’s Code of Ordinances and any evidence and testimony presented; otherwise the application shall be denied.

Submitting Payment of the Lien

Any reduction granted shall be contingent upon payment within thirty (30) days of the order. The Special Magistrate may grant additional time to remit payment to the Village and such additional time must be specified in the order. Failure to remit payment to the Village by the date ordered shall cause the original fine to be reinstated. The Village accepts in person payments of cash, check, money order and credit/debit. In person payments can be made at Village of North Palm Beach Clerk’s Office at 501 US Highway 1, North Palm Beach, Florida 33408.