HomeMy WebLinkAboutLegislation SUBCity of Miami
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Ordinance 14123
-
Legislation
File Number: 12809
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
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
12809 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
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
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
123
(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;-
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
SUBSTITUTED
City of Miami
„�
�' ��`tY:. flF �`Sz F
Ordinance 14123
tx a'tit. t.... G
Legislation
File Number: 12809
City Hall
3500 Pan American Drive
Miami, FL 33133 /
www.miamiaov.corn/
Final Action Date: 111WI2022
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CIJAPTER
2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MI I,
FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS,” T AMEND AND
PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELSE SYNARY
ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIE BEFORE THE
CODE ENFORCEMENT BOARD; CONTAINING A SIEVE BILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE D E.
SPONSOR(S): Commissioner Christine King
WHEREAS, Section 2-817(d) of the Code of the City o iami, Florida, as amended
("City Code"), was amended to streamline mitigations befor oth the Code Enforcement Board
or Special Magistrate (collectively, "CEB") on March 10, 2 2 under Ordinance 14057; and
WHEREAS, the amended Section does not tao into consideration that much like
homeowners, 501(c)(3) and eleemosynary organiza " n have faced certain difficulties; and
WHEREAS, 501(c)(3) and eleemosynary/organizations hold a special status under the
law due to their required charitable qualificatio/s or existence being dependent on charity; and
WHEREAS, it is the goal of the Cit to incentivize properties to come into compliance,
assure that fines are timely paid, and pro
erties are cleared of any outstanding violations; and
WHEREAS, this amendmen s in the best interests of the community;
NOW, THEREFORE, B ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The rec' als and findings contained in the Preamble to this Ordinance are
adopted and incorporateX as if fully set forth in this Section.
Section 2. C,Vapter 2, Article X of the City Code is amended in the follow particulars:;
"CHAPTER 2 F 4
ADMINISTRATION
w t
ARTILCE X
ords/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
SUBSTITUTED
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 mVistrate.
(1 ) Mitigation of fine for homestead properties. An enforcement board or s cial magistrate
may reduce an outstanding fine of a homestead property based on the c aria above once a
violator has complied with the order, after the city has collected its cos as determined by the
city manager or designee, and for good cause shown.
(2) Mitigation of fine for non -homestead properties. The board o pecial magistrate is hereby
authorized to mitigate fines with non -homestead violators, pro ded that the total amount of
the daily fine imposed by the enforcement board or special agistrate may only be reduced to
the percentage stated in the schedule below (the percenta e on the chart below refers to
percentage of the lien to be paid. One hundred percent 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— 0
35
X9 —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
SUBSTITUTED
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
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 subse/tion .-
b. fsK-bBankruptcy matters, or matters in which the city has a li 'gation settlement
which may be heard by the city commission...;
residential properties and vacant land, where the immediate. previous use was
as single family or duplex structure shall be allowedAo obtain miti e
same manner as properties which have Homeste d Exemption and
(d)(1). Eleemosynary is defined as a private cor oration created for
and benevolent purposes.
Section 3. If any section, part of a se on, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remainin_ provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall ecome effective immediately after final reading and
adoption thereof.z
APPROVED AS TO FORM AND RRECTNESS:
i ria dez, ity ttor ey 1/472023
ta;J
2A is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from
e 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
P'R'
Legislation
Ordinance
SUBSTITUTED
File Number: 12809 Final Actiorv/7ate:
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTE
2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, F RIDA, AS
AMENDED, TITLED "ADM INISTRATION/CODE ENFORCEMENT/ADMI STRATIVE
COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLO ANCE OF
501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MIT ATIONS OF
CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CO TAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIA EFFECTIVE DATE.
WHEREAS, Section 2-817(d) of the Code of the City of Mia i, Florida, as amended
("`City Code"), was amended to streamline mitigations before bot he Code Enforcement Board
or Special Magistrate (collectively, "CEB") on March 10, 2022 der Ordinance 14057; and
WHEREAS, the amended Section does not take int oonsideration that much like
homeowners, 501(c)(3) and eleemosynary /org
ve faced certain difficulties; and
WHEREAS, 501(c)(3) and eleemosations hold a special status under the
law due to their required charitable qualificance being dependent on charity; and
WHEREAS, it is the goal of the City properties to come into compliance,
assure that fines are timely paid, and propered of any outstanding violations; and
WHEREAS, this amendment is in/he best interests of the community;
NOW, THEREFORE, BE IT CDAINED 8Y THE COMMISSION OF THE CITY OFMIAMI, FLORIDA: /
Section 1. The recitals nd findings contained in the Preamble to this Ordinance are
adopted and incorporated as/ff fully set forth in this Section.
Section 2. ChapVr 2, Article X of the City Code is amended in the follow particulars:'
"CHAPTER 2
ADMINISTRATION
ARTILCE X - K
CODE COMPLIANCE ,'
i Words/and or fi-ures stricken through shall be deleted. Underscored words and/or figures shall be added. The
Tunchanged,Astermsksriped material
City of Miami File 1D: 12809 (Revision. A) Printed On: 111812022
SUBSTITUTED
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 m istrate
may reduce an outstanding fine of a homestead property based on the criteria ab a once a
violator has complied with the order, after the city has collected its costs as det mined by the
city manager or designee, and for good cause shown.
(2) Mitigation of fine for non -homestead properties. The board or special yfagistrate is hereby
authorized to mitigate fines with non -homestead violators, provided tha he total amount of
the daily fine imposed by the enforcement board or special magistrat may only be reduced to
the percentage stated in the schedule below (the percentage on th chart below refers to
percentage of the lien to be paid. One hundred percent as reflect 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
�•i 1,-.N:1.
ry <
C -
61-90
35
91-120
40
_ Rya
121— 0
50
f m
15 —180
60
181-210
70
211-240
80
241-270
90
271 and up
100
(�j If the subject fine is reduced and a violator fails to pay said reduced fine within a period of
0 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
SUBSTITUTED
(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, phra , or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance Aall not be affected.
Section 4. This Ordinance shall become effective immediatel after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ria dez, i y ttor ey 1Q/1812022 ria dez, i y ttor ey 1116l2022
r^r
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 unon the effe ive date stated herein_ whi h y .r is later.
City of Miami File ID: 12809 (Revision: A) Printed On: 111812022
SUBSTITUTED
�x City Of Miami City Hall
3500 Pan American [
t` Legislation
-` g Miami, FL 33133
o
Ordinance www.miamigov.co
Enactment Number
File Number: 12809 /AD
nal Actio Date:
AN ORDINANCE BY THE MIAMI CITY COMMISSIONG
CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CHE ITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMIO CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINESAMENDAND PROVIDE FOR THE ALLOWANCE OF 501(C)(ELEEMOSYNARY ORGANIZATION TO OBTAIN MITOF CODELIENS BEFORE THE CODE ENFORCEMENT BOARINING ASEVERABILITY CLAUSE; AND PROVIDING FOR ANTE
EFFECTIVE DATE.
WHEREAS, Section 2-817(d) of the Code of the City o iami, Florida, as amended
("City Code"), was amended to streamline mitigations befor oth the Code Enforcement Board
or Special Magistrate (collectively, "CEB/na
ch 10, 2 2 under Ordinance 14057; and
WHEREAS, the amended Sectit to into consideration that much like
homeowners, 501(c)(3) and eleemosyniza - n have faced certain difficulties; and
WHEREAS, 501(c)(3) and eleemrganizations hold a special status under the
law due to their required charitable qualor existence being dependent on charity; and
WHEREAS, it is the goal of the entivize properties to come into compliance,
assure that fines are timely paid, and prre cleared of any outstanding violations; and
WHEREAS, this amendmentti's in the best interests of the community;
NOW, THEREFORE, B ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The re . als and findings contained in the Preamble to this Ordinance are
adopted and incorporat as if fully set forth in this Section.
7 Section 2. C apter 2, Article X of the City Code is amended in the follow partidulars 11
"CHAPTER 2
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
SUBSTITUTED
Sec. 2-817. Administrative costs, fines; liens.
(d) Mitigation of outstanding fine/lien by code enforcement board or special mag
(1) Mitigation of fine for homestead properties. An enforcement board or sp
may reduce an outstanding fine of a homestead property based on the crite
violator has complied with the order, after the city has collected its costs as
city manager or designee, and for good cause shown. Exemption: 501 c
eleemos)tna-r-v_organizations shall be allowed to obtain mitiqation in the an
properties which have Homestead Exemption.
agistrate
✓e once a
ined by the
(2) Mitigation of fine for non -homestead properties. The board or ecial magistrate is hereby
authorized to mitigate fines with non -homestead violators, prov' ed that the total amount of
the daily fine imposed by the enforcement board or special m gistrate may only be reduced to
the percentage stated in the schedule below (the percenta96 on the chart below refers to
percentage of the lien to be paid. One hundred percent a 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—
35
-
-
9/1 20
_
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
SUBSTITUTED
(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 e city
has a litigation settlement which may be heard by the city commission.
Section 3. If any section, part of a section, paragraph, clause, phras , or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance Oall not be affected.
Section 4. This Ordinance shall become effective immediately fter final reading and
adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
f
i ria dez, 'ityr Attort
ey 10/18/2022
ray
^D
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