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Home My WebLink AboutO-12360J-03-336 4/10/03 ORDINANCE NO. 12300 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO (1) MODIFY SUBSECTION (h)(1) RELATING TO THE RELEASE OR SATISFACTION OF A LIEN PLACED ON A PROPERTY BY THE CITY TO ALLOW THE CITY MANAGER TO RELEASE OR SATISFY A LIEN ON A PROPERTY LOCATED IN A HOMEOWNERSHIP ZONE IF THE PROJECT QUALIFIES AS AN AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT IN ACCORDANCE WITH THE FIVE-YEAR CONSOLIDATED PLAN REGARDLESS OF WHETHER THE PROJECT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE, AND (2) ADD NEW SUBPARAGRAPH (h)(3)(ii) TO PROVIDE THAT ANY LIENS) RELEASED BY THE CITY MANAGER SHALL BE REINSTATED UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to promote and encourage the development of affordable housing projects; and WHEREAS, the City Commission finds it is in the best interests of the City to release or satisfy liens placed on properties used for the development of affordable homeownership 12360 housing projects located in Home Ownership Zones regardless of the source of funding; and WHEREAS, the City Commission desires to authorize the City Manager to release or satisfy liens placed on a property used for the development of an affordable homeownership housing project upon the issuance of all required certificates of occupancy for the project, and for the reinstatement of a lien for particular circumstances; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article X, Section 2-817, entitled "Administration, Code Enforcement, Administrative Costs, Fines; Liens," of the Code of the City of Miami, Florida, Page 2 of 6 12360 as amended, is amended in the following particulars:!' "CHAPTER 2 ADMINISTRATION ARTICLE x CODE ENFORCEMENT Sec. 2-817. Administrative Costs, Fines; Liens. (h)(1) Notwithstanding any other provision contained in the Code, the City Manager may 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 of an affordable homeownership housing project by a project sponsor that has been allocated funds by the City Commission or the City of Miami Housing and Commercial Loan Committee for such project, or (ii) the property is located in a Home Ownership Zone and is used for the development of an affordable homeownership housing project in accordance with the Five -Year Consolidated Plan_ (2) City liens which may be released or satisfied include but are not limited to: demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance abatement liens. !� Words and/or figures stricken through shall be deleted. Underscored words/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 6 12360 (3) i. The lien or liens on the property shall not be released or satisfied until all certificates of occupancy required for the project, or their equivalent, are issued. The lien or liens on the property shall not be 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 the affordable housing project is not issued within 18 months of the lien or liens being satisfied, the lien or liens shall be reinstated unless the City Manager approves an extension for the certificate of occupancv to be issued. (4) The city shall record the 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, Page 4 of 6 12360 grandparent, grandchild or anyone having one of these relationships by law. (6) Release 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. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section S. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.aE PASSED ON FIRST READING BY TITLE ONLY this 10th day of 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. Page 5 of 6 12360 April , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of May , 2003 ATTEST: PRISCILLA A. TH MPSON CITY CLERK APPROVED, TO F-dRM AND CORRECTNESS:t ALEJlWDR0 VILARELLO CIT.,Y ATTORNEY 'IW1430:tr:AS:BSS Page 6 of 6 12360 Second Reading Ordinance CITY OF MIAMI 27 CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney DATE: April 25, 2003 RE: Proposed Second Reading Ordinance -May 8, 2003 City Commission Meeting Amend Code relating to the release or satisfaction of a lien placed on a property by the City under certain circumstances. (J-03-336) On April 10, 2003, the City Commission passed on first reading an ordinance to modify Subsection (h)(1) related to the release or satisfaction of a lien placed on a property by the City to allow the City Manager to release or satisfy a lien on a property located in a homeownership zone if the project qualifies as an affordable homeownership housing project in accordance with the Five - Year Consolidated Plan. The City Commission further modified the proposed ordinance to provide that if a certificate of occupancy for the affordable housing project is not issued within 18 months of the lien or liens being satisfied, the lien or liens shall be reinstated unless the City Manager approves an extension for the certificate of occupancy to be issued. The attached proposed ordinance has been modified to reflect the City Commission's intent of April 100' and submitted to the Agenda Coordinator for placement on the May 8, 2003 Agenda. W869:BSS Attachment c: Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator 12160 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. 11028 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 04/28/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi dvertis ent fo publication in the said newspaper. or and his d757AA.D. 2 03 (SEAL) g�Y MARIA I. MESA * My �SION # CC 885640 O.V. FERBEYRE pia�ow 7! � S: March 4, 2004 v Bonded Thru Notary Public Underwrite, s �n CITY OF MIAMI, FLORIDA (v�IOTICE OF PROPOSED ORDINANCES Notice is hereby g,, _t that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading on May 8, 2003 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION CODE ENFORCEMENT, ADMINISTRA- TIVE COSTS, FINES; LIENS," TO (1) MODIFY SUBSECTION (h)(1) RELATING TO THE RELEASE OR SATISFACTION OF A LIEN PLACED ON A PROPERTY BY THE CITY TO ALLOW THE CITY MANAGER TO RELEASE OR SATISFY A LIEN ON A PROPERTY LOCATED IN A HOMEOWNERSHIP ZONE IF THE PROJECT QUALIFIES AS AN AFFORDABLE HOMEOWNER- SHIP HOUSING PROJECT IN ACCORDANCE WITH THE FI- VE-YEAR CONSOLIDATED PLAN REGARDLESS OF WHETH- ER THE PROJECT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE, AND (2) ADD NEW SUB- PARAGRAPH (h)(3)(ii) TO PROVIDE THAT ANY LIEN(S) RE- LEASED BY THE CITY MANAGER SHALL BE REINSTATED UNDER CERTAIN CIRCUMSTANCES; CONTAINING A RE- PEALER PROVISION, A SEVERABILITY CLAUSE, AND PRO- VIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AU- THORIZING THE ACCEPTANCE OF A GRANT FROM THE FLORIDA LAND AND WATER CONSERVATION FUND FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMEN- TAL PROTECTION IN THE AMOUNT OF $200,000 FOR THE CREATION OF A BAYWALK ON WATSON ISLAND; FURTHER AMENDING ORDINANCE NO. 12280, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE SAID GRANT FUNDS IN THE AMOUNT OF $200,000 INTO CIP PROJECT NO. 333126 ENTITLED 'WATSON ISLAND IMPROVEMENTS"; FURTHER AUTHORIZ- ING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY AT- TORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 11418, AS AMENDED, ADOPTED ON DECEMBER 12, 1996, WHICH ESTABLISHED INITIAL RE- SOURCES AND APPROPRIATIONS FOR THE SPECIAL REV- ENUE FUND ENTITLED, "PARTNERSHIP FUND;" TO IN- CREASE APPROPRIATIONS TO THE FUND, SAID FUNDS RECEIVED AND ACCEPTED AS DONATIONS FROM VARI- OUS PRIVATE ORGANIZATIONS, IN THE, AMOUNT OF $26,899; AUTHORIZING THE DEPARTMENT OF POLICE TO ACCEPT DONATIONS FROM VARIOUS PRIVATE ORGANI- ZATIONS TO BE DEPOSITED IN SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE DEPARTMENT OF PO- LICE TO EXPEND SAID FUNDS ON COMMUNITY EVENTS AND IN?HOUSE PROGRAMS INCLUDING THE PUBLICA- TION OF THE DEPARTMENTS ANNUAL REPORT; CONTAINI,O ING A REPEALER PROVISION AND SEVERABILITY CLAW �y } *A 0