HomeMy WebLinkAboutO-14017City of Miami
l i ,
J'f
Legislation
Ordinance: 14017
File Number: 9213
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/13/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE
X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO PROVIDE
FOR IRREPARABLE OR IRREVERSIBLE VIOLATIONS OF UP TO $15,000.00
FOR PERSONS OR ENTITIES FOUND IN VIOLATION OF CHAPTER 22 OF
THE CITY CODE; FURTHER AMENDING CHAPTER 22/ARTICLE I/SECTION
22-93 OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID
WASTE/IN GENERAL/ENFORCEMENT AND ADMINISTRATIVE FEES," TO
PROVIDE FOR INCREASED PENALTIES AND PROSECUTION OPTIONS TO
ENFORCE THE CITY OF MIAMI'S SOLID WASTE LAWS PERTAINING TO
ILLEGAL DUMPING AND OTHER VIOLATIONS OF CHAPTER 22 OF THE
CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, illegal dumping in the City of Miami ("City") has become an all too common
habit in the City; and
WHEREAS, Section 22-93 of the Code of the City of Miami, Florida, as amended ("City
Code"), provides for the prosecution of violations of the City Code by civil citation under Section
2-823 of the City Code; and
WHEREAS, Section 162.22, Florida Statutes, provides a maximum of a $500.00 fine for
civil infraction citations in the State of Florida; and
WHEREAS, Section 2-814 of the City Code provides that those who do not bring cited
violations into compliance in the provided timeframe be set before the Code Enforcement Board
or Special Magistrate (collectively, "Board"), as relevant, for hearing and imposition of a per
diem fine until compliance is achieved and/or be given an irreparable/irreversible harm fine; and
WHEREAS, the ability to proceed before the Board will provide an additional tool for
enforcement as well; and
WHEREAS, this Ordinance will not prevent further criminal prosecutions for Florida Litter
Law violations pursuant to Section 403.413, Florida Statutes; and
WHERES, Section 2-817(b)(3) of the City Code provides for certain violations of the City
Code to be subject to up to a $15,000.00 one-time fine for violations found by the Board to be in
violation that are irreparable or irreversible in nature;
City of Miami Page 1 of 6 File ID: 9213 (Revision:) Printed On: 912712021
File ID: 9213 Enactment Number: 14017
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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. By a four -fifths (4/51") affirmative vote, Chapter 2 of the City Code, titled
"Administration" is amended in the follow particulars:
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
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 not 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-Homestead/commercial properties. By the board only for not 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,
is 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," Chapter 22 of the City Code.
titled "Garbage and Other Solid Waste," 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 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.
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 unchanged material.
City of Miami Page 2 of 6 File ID: 9213 (Revision:) Printed on: 912712021
File ID: 9213
Enactment Number: 14017
(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:
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.
City of Miami Page 3 of 6 File ID: 9213 (Revision:) Printed on: 912712021
File ID: 9213 Enactment Number: 14017
(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.
(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.
City of Miami Page 4 of 6 File ID: 9213 (Revision:) Printed on: 912712021
File ID: 9213 Enactment Number: 14017
(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
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.
* * * *15
Section 3. By a four -fifths (4/51") affirmative vote, Chapter 22 of the City Code, titled
"Garbage and Other Solid Waste," is amended in the follow particulars:2
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE I. IN GENERAL
****
Sec. 22-93. Enforcement and Administrative Fees.
(a) The director of solid waste, or designee, shall have the authority to initiate enforcement
proceedings, against any person, franchisee, firm, corporation or other legal entity who has
not strictly complied with the provisions of this chapter.
2 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 unchanged material.
City of Miami Page 5 of 6 File ID: 9213 (Revision:) Printed on: 912712021
File ID: 9213
Enactment Number: 14017
(1) If an inspector finds a violation of this chapter,
a
violation shall be issued pursuant to Section 2-814 and/or Section 2-823 of this Code.
Enforcement pursuant to Chapter 2 does not preclude enforcement pursuant to any
other means allowable by law.
* * * *15
Section 4. 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 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the City Code, which provisions may be renumbered or re -
lettered and the word ordinance be changed to "section", "article", or other appropriate word to
accomplish such intention.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity �ttor ey 611512021
3 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 Page 6 of 6 File ID: 9213 (Revision:) Printed on: 912712021