HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney -- for
DATE: January 4, 2023
RE: Ordinance No. 14123 — Amend Code - Chapter 2 - Admin. Costs, Fines, Liens
File No. 12809
At its November 17, 2022, meeting, the City Commission adopted the above referenced
agenda item, SR.5, 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
organizations to obtain mitigations of code liens before the Code Enforcement Board. The item
inadvertently published with a typo.
The Legislation has been corrected and incremented to Revision C.
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Enclosure(s)
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City of Miami
Legislation
Ordinance
Enactment Number
File Number: 12809
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
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 partidulars 11
"CHAPTER 2
-0
ADMINISTRATION s=
ARTILCE X 4 ?0
-- rcva
CODE COMPLIANCE
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining nrovisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
City of Miami File ID: 12809 (Revision:) Printed On: 1011812022
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. Exemption: 501(c)(3) and
eleemosynary organizations shall be allowed to obtain mitigation in the same manner as
properties which have Homestead Exemption.
(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
Total Fine.
Fine Outstanding
Mitigation
(percent)
1-30
25 ,
31-60
30._
61-90
35 w.
91-120
40,. _
121-150
50.
151-180
60
181-210
70
211-240
80
241-270
90
271 and up
100
City of Miami File ID: 12809 (Revision:) Printed On: 1011812022
(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 matters set for hearing at
the time of the adoption of this subsection, for bankruptcy matters, or matters in which the city
has a litigation settlement which may be heard by the city commission.
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.'
APPROVED AS TO FORM AND CORRECTNESS:
f
i ria dez, 'ity ttor ey 10/18/2022
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a 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: 12809 (Revision:) Printed On: 1011812022
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• F,�,„ ,,,F : City of Miami
P'R``}~ Legislation
Ordinance
File Number: 12809 Final Action date:
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 "ADM INISTRATION/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
ARTILCE X
CODE COMPLIANCE .
J
i Words/and or fi-ures stricken through shall be deleted. Underscored words and/or figures shall be added. The
Tunchanged, Criped material
City of Miami File 1D: 12809 (Revision. A) Printed On: 111812022
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
Total Fine
Fine Outstanding
Mitigation
(percent)
1-30
25>
31-60
30
4 �•i <
61-90
35
91-120
40
_ Rya
121-150
50
f,m
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.
City of Miami File ID: 12809 (Revision: A) Printed On: 111812022
(4) Exceptions. The above chart and restrictions shall not apply to matters set for hearing at
the time of the adoption of this subsection, for bankruptcy matters, or matters in which the city
has a litigation settlement which may be heard by the city commission. 501(c)(3) and
eleemosynary organizations 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:
ria dez, i y ttor ey 10/10022 ria dez, Cify Attor iey 11/6/2022
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 unUL the effe ive date stated herein_ whi h y .r is later.
City of Miami File ID: 12809 (Revision: A) Printed On: 111812022
City of Miami
A' 1"`tY., flF
Legislation
Ordinance 14123
File Number: 12809
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
SPONSOR(S): Commissioner Christine King
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, `ECEB") 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 , FF r
ADMINISTRATION
�s
ARTILCE X r-
1 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 1 of 3 File ID: 12809 (Revision: B) Printed On: 11512023
Fife ID: 12809 Enactment Number: 14123
CODE COMPLIANCE
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 ❑r 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 ❑f 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
City of Miami Page 2 of 3 Fife 10: 12809 (Revision: $) Printed on: 1/5/2023
File ID: 12809
Enactment Number: 14123
(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. nWatters set for hearing at the time of the adoption of this subsection;.-
b. fsK-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 eleemosvnary organizations and Sinale-familv 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.z
APPROVED AS TO FORM AND CORRECTNESS:
r
i rig dez, ity Attorp
ay 11/29/2022
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 Page 3 of 3 File ID: 12809 (Revision: B) Printed on: 11512023
City of Miami
t`
=
Ordinance 14123
-
Legislation
File Number: 12809
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
SPONSOR(S): Commissioner Christine King
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 CITI'� OF
MIAMI, FLORIDA: c f'
Section 1. The recitals and findings contained in the Preamble to this Ordinance anew
adopted and incorporated as if fully set forth in this Section.
Ic
Section 2. Chapter 2, Article X of the City Code is amended in the follow particulafs' :{
"CHAPTER 2
ADMINISTRATION
ARTICLE X
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 1 of 3 File ID: 12809 (Revision: C) Printed On: 11512023
File ID: 12809 Enactment Number: 14123
CODE COMPLIANCE
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
Total Fine
Fine Outstanding
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
e
80 ,
r=
241-270
90
271 and up
100
Zi
d
4
City of Miami Page 2 of 3 File ID: 12809 (Revision: C) Printed on: 11512023
File ID: 12809 Enactment Number: 14123
(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 toi
a. n4Matters set for hearing at the time of the adoption of this subsection;i
b. fer--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 eleemosvnary organizations and Sinale-familv and dUDlex
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:
I � t
ria " dez, ity ttor ey 11/29/2022
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 Page 3 of 3 File ID: 12809 (Revision: C) Printed on: 11512023