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File ID: #8860
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X/SECTION 2-814 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ENFORCEMENT PROCEDURES," AND
SECTION 2-817 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO PROVIDE FOR
SPECIFIC FINES FOR IRREPARABLE OR IRREVERSIBLE HARM, AN INCREASE IN
FINES FOR ALCOHOL RELATED OFFENSES, AND AN INCREASE IN FINES FOR
NON-RESIDENTIAL AND COMMERCIAL PROPERTIES; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021
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Ordinance
Enactment Number: 13992
File Number: 8860 Final Action Date: 4/22/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X/SECTION 2-814 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ENFORCEMENT PROCEDURES," AND
SECTION 2-817 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO PROVIDE FOR
SPECIFIC FINES FOR IRREPARABLE OR IRREVERSIBLE HARM, AN INCREASE IN
FINES FOR ALCOHOL RELATED OFFENSES, AND AN INCREASE IN FINES FOR
NON-RESIDENTIAL AND COMMERCIAL PROPERTIES; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in addition to a per diem fine imposed by a Code Enforcement Board or
Special Master (collectively, "Board"), pursuant to Section 162.09(2)(a), Florida Statutes, a
Board may also issue a fine of $5,000.00 for a violation the Board finds to be irreparable or
irreversible in nature; and
WHEREAS, pursuant to Section 162.09(2)(d), Florida Statues, a municipality with a
population of more than 50,000 people may adopt by a majority plus one vote per diem fines not
to exceed $1,000.00 per diem, per violation for a first time offender; $5,000.00 per diem, per
violation for a Repeat Offender; and up to $15,000.00 per violation if the Board finds a violation
to be irreparable or irreversible in nature and the criteria for such determination is included in
the municipality's ordinance; and
WHEREAS, a Repeat Offender "means a violation of a provision of a code or ordinance
by a person who has been previously found through a code enforcement board or any other
quasi-judicial or judicial process, to have violated or who has admitted violating the same
provision within 5 years prior to the violation, notwithstanding the violations occur at different
locations;" and
WHEREAS, during the course of the Novel Coronavirus Pandemic, more and more
"businesses" are opening up illegally and selling alcohol without appropriate permits or licenses,
creating a major health, safety, and welfare issue for the residents and visitors of the City of
Miami ("City"); and
WHEREAS, these violators stand to bring in far more income from participating in illegal
operations than the City can currently fine them; and
WHEREAS, in the past few weeks, the Police, Fire -Rescue, and Code Compliance
Departments inspected various complaints and found numerous illegal operations throughout
the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended, is further
amended in the follow particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-814. Enforcement procedure.
(a) It shall be the duty of the individuals designated in section 2-813 to initiate enforcement
proceedings of the various code violations. Neither the board, nor any individual member of
the board, nor a special magistrate shall have the power to initiate such enforcement
proceedings.
(b) Except as provided in subsection (c) hereof, if a violation of the code is found, the code
inspector shall notify the violator in writing and give him or her a reasonable time to correct the
violation. Should the violation continue beyond the time specified for correction, the code
inspector shall request a hearing in writing pursuant to the procedure outlined in section 2-
815 hereof. If approved by the city attorney, the violation will be scheduled for a hearing and
written notice shall be given to said violator as provided herein. If the violation is corrected and
then recurs or if the violation is not corrected by the time specified for correction by the code
inspector, the case may be presented to the board or special magistrate, even if the violation
has been corrected prior to the hearing, and notice shall so state.
(c) If a violation is found to have been repeated by a violator pursuant to F.S. § 162.04(5), or
who admitted to violating the same provision within five years prior to the violation, the code
inspector shall notify the violator that the violation must be cured immediately. The code
inspector, upon notifying the violator of the repeated violation, shall then notify the code
enforcement board or special magistrate by requesting an immediate hearing. The code
enforcement board or special magistrate, through its clerical staff, shall promptly schedule a
hearing before the board or special magistrate and shall provide notice pursuant to F.S. §
162.12. The case may then be presented to and sanctioned by the enforcement board or
special magistrate even if the repeated violation has been corrected prior to the hearing, and
notice shall so state. Upon finding that the same violation has been repeated by the same
violator(s), the board or special magistrate may order the violator(s) to pay a fine of not more
than $500.00 provided for in Section 2-817 for each day the repeated violation
the date set 'FGF GG i'a'RGe fer eaGh time the yielatiGR has heeR repecontinues
beginning with the date the repeat violation is found to have occurred by the Code Inspector.
"
"
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanaed material.
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021
(d) If the code inspector has reason to believe that a violation presents a serious threat to the
public health, safety and welfare or if the violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify the violator and may immediately notify
the board or special magistrate and request a hearing. The code inspector, with the approval
of the city attorney, may proceed directly with the procedure outlined in section 2-815 without
following the procedures of subsection (b), above.
Sec. 2-817. —Administrative costs, fines; liens.
(a) The board or special magistrate, upon notification by the code inspector that an order has
been complied with within the time specified in the order, shall accept such notification as
acknowledgment of compliance and no fines shall be imposed.
(b)The board or special magistrate, upon notification by the code inspector or city attorney
that an order of the board or special magistrate has not been complied with by the set time for
compliance, may order the violator(s) to pay a fine as follows:
(1) Residential properties. By the Board and/or Special Magistrate for Nnot more than
$250.00 per day that continues past the date of the order for compliance by the notice of
violation and not more than $500.00 per day for a repeat violator.
(2) Non-residential/commercial properties. By the Board only for - Nnot more than
$1,000.00 per day per violation that continues past the date of the order for compliance and
not more than $5,000.00 per day per violation for a repeat violator.
(3) If the violation, whether the property is Homestead, non -Homestead, or
Commercial and is a violation of Chapter 4 of the City Code, titled "Alcoholic Beverages,"
chapter 17, article I of the City Code, titled "Environmental protection/tree protection in
general," or chapter 62, article XIII, division 5 of the City Code, titled "Planning and
zoning/planning and zoning approval for temporary uses and occupancies; permit
required/murals," then the fine issued by the Board shall not exceed $1,000.00 per day per
violation for a first time offender that GGRtiR es past the date Af the eFdeF fGF GGFn IiaRGe and
not more than $5,000.00 per day per violation for a repeat violator-, and up to $15,000.00 per
violation if the Code Enforcement Board or Special Magistrate finds the violation to be
irreparable or irreversible in nature in accordance with the criteria set forth in sub -section (c)
below.
(c) In determining the amount of the fine, if any, the board or special magistrate shall consider
the following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(d) An enforcement board or special magistrate may reduce a fine once a violator has
complied with the order, and for good cause shown. The board or special magistrate however,
hereby authorizes the city to mitigate fines with violators, provided that the total amount of the
daily fine imposed by the enforcement board or special magistrate may only be reduced to the
percentage stated in the schedule below:
city of Miami File ID: 8860 (Revision: A) Printed On: 51412021
Number of
Days Fine
Outstanding
Total Fine
Mitigation
(percent)
1-30
25
31-60
30
61-90
35
91-120
40
121-150
50
151-180
60
181-210
70
211-240
80
241-270
90
271 and up
100
Any reduction below the percentages set forth above must be brought before the board or
special magistrate for its approval. If subject fine is reduced and violator fails to pay said
reduced fine within a period of 20 days from the day the offer to settle is made, then the
original fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of
prosecution, if any, which have been incurred by the city with respect to such violation.
(e) A certified copy of an order imposing a fine shall be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator and upon petition to the circuit court
such order may be enforced in the same manner as a court judgment by the sheriffs of this
state, including levy against personal property, but shall not be deemed otherwise to be a
judgment of a court except for enforcement purposes. Any fine imposed pursuant to this part
shall continue to accrue until the violator comes into compliance or until judgment is rendered
in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three
months from filing of any such lien which remains unpaid, the city attorney shall be
automatically authorized by the board or the special magistrate to foreclose on the lien and
the city shall make a determination within 45 days whether to proceed with foreclosure action.
Once a determination to foreclose has been made, the city attorney shall promptly institute
foreclosure proceedings. No lien created pursuant to F.S. ch. 162 may be foreclosed on real
property which is a homestead under section 4, article X of the state constitution. The city
attorney shall report to the board or special magistrate at each meeting with respect to any
foreclosure actions that have been instituted as well as any decision not to foreclose with
respect to a lien.
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021
(f) No lien provided by the Local Government Code Enforcement Boards Act shall continue for
a longer period than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The
continuation of the lien affected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless a notice
of Iis pendens is recorded.
(g) The board or special magistrate may issue an order requiring payment of such
administrative costs not to exceed $52.50 when said costs are found to have been incurred as
a result of necessary actions taken by the petitioner to bring about code compliance.
(h) (1) Notwithstanding any other provision contained in the Code, the city manager may
authorize a subordinate lien position on loans for the finance or refinance of construction
improvements, or release or satisfy any lien placed on a property by the city or by any of its
agencies and instrumentalities if:
(i) The property is used for the development or rehabilitation of affordable
homeownership or rental housing projects by a project sponsor that has been allocated
funds by the city commission or the city housing and commercial loan committee for
such project, or
(ii) The property is located in a neighborhood development zone or its
equivalent as defined within the effective community development block grant program
approved by the city and accepted by the United States Department of Housing and
Urban Development, as may be amended, and is used for the development or
rehabilitation of affordable homeownership or rental housing projects in accordance
with the city's five-year consolidated plan, as amended.
(2) City liens which may be subordinated, released or satisfied include but are not
limited to: demolition liens, lot clearing liens, solid waste liens, code enforcement liens and
nuisance abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may
be subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the city manager, circumstances relating to
the project make the release or satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued
within 24 months of the lien or liens being subordinated, the subordination of the lien or
liens shall become null and void unless the city manager approves an extension for the
certificate of occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records
of the county.
(5) The city shall not release or satisfy any lien on a property owned by the person
whose actions resulted in the lien being placed on the property. The city shall not release or
forgive any lien on a property owned by an immediate family member or a firm, corporation,
partnership or business entity of a person whose actions resulted in the lien being placed on
the property. For purposes of this section, the term "person" shall mean any individual,
business, corporation partnership, firm, organization or other type of entity or association. For
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021
purposes of this section, the term "immediate family member" shall mean spouse, child,
parent, niece, nephew, aunt, uncle, grandparent, grandchild or anyone having one of these
relationships by law.
(6) Release or subordination of a lien under this section shall not prohibit the city from
collecting the underlying fine/sum due by other legal means. Release of a lien pursuant to this
section shall not be deemed to mean that a violation underlying the lien has been cured.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
&�na City Attor ey 4/13/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8860 (Revision: A) Printed On: 51412021