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AGENDA ITEM COVER PAGE
° File ID: #12809
Ordinance
Second Reading
Sponsored by: Christine King, Commissioner
AN ORDINANCE BY THE MIAMI CITY COMMISSION 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 AMEND AND PROVIDE FOR THE ALLOWANCE OF
501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF
CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 12809 (Revision: C) Printed On: 111912023
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City of Miami
Legislation
Ordinance
Enactment Number: 14123
File Number: 12809 Final Action Date: 11/17/2022
AN ORDINANCE BY THE MIAMI CITY COMMISSION 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 AMEND AND PROVIDE FOR THE ALLOWANCE OF
501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF
CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amended
("City Code"), was amended to streamline mitigations before both the Code Enforcement Board
or Special Magistrate (collectively, "CEB") on March 10, 2022 under Ordinance 14057; and
WHEREAS, the amended Section does not take into consideration that much like
homeowners, 501(c)(3) and eleemosynary organization have faced certain difficulties; and
WHEREAS, 501(c)(3) and eleemosynary organizations hold a special status under the
law due to their required charitable qualifications or existence being dependent on charity; and
WHEREAS, it is the goal of the City to incentivize properties to come into compliance,
assure that fines are timely paid, and properties are cleared of any outstanding violations; and
WHEREAS, this amendment is in the best interests of the community;
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. Chapter 2, Article X of the City Code is amended in the follow particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE X
CODE COMPLIANCE
' 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 File ID: 12809 (Revision: C) Printed On: 111912023
Sec. 2-817. Administrative costs, fines; liens.
(d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate.
(1) Mitigation of fine for homestead properties. An enforcement board or special magistrate
may reduce an outstanding fine of a homestead property based on the criteria above once a
violator has complied with the order, after the city has collected its costs as determined by the
city manager or designee, and for good cause shown.
(2) Mitigation of fine for non -homestead properties. The board or special magistrate is hereby
authorized to mitigate fines with non -homestead 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 (the percentage on the chart below refers to
percentage of the lien to be paid. One hundred percent as reflected in the chart means no
mitigation is allowed and the total lien shall be paid):
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
(3) If the subject fine is reduced and a violator fails to pay said reduced fine within a period of
20 days from the day the mitigation 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.
(4) Exceptions. The above chart and restrictions shall not apply to -
a. t4Matters set for hearing at the time of the adoption of this subsection -,.L-
b. fe-r--bBankruptcy matters, or matters in which the city has a litigation settlement
which may be heard by the city commission-;
C. 501(c)(3) and eleemosynary organizations and Single-family and duplex
residential properties and vacant land, where the immediate, previous use was
as single family or duplex structure shall be allowed to obtain mitigation in the
same manner as properties which have Homestead Exemption under Subsection
(d)(1). Eleemosynary is defined as a private corporation created for charitable
and benevolent purposes.
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 1
i t6ria i ndez, Cify Httor iey 10f1812022 i ria i "ndez, Cify Httor iey 11/6/2022
Revision C has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of revision B.
z 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 uj2on the effective date stated herein_ whichever is later.
City of Miami File ID: 12809 (Revision: C) Printed On: 111912023