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Home My WebLink AboutO-12272J-02-683 07/09/02, ORDINANCE NO. 12272 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 ADD NEW SUBSECTION (h) TO PROVIDE THAT, SUBJECT TO CERTAIN CONDITIONS, THE CITY MANAGER MAY RELEASE OR SATISFY A LIEN PLACED ON A PROPERTY BY THE CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF 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; 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 sati's�f:y,. liens placed on properties used for the development of affordable homeownership housing projects funded by the City; and WHEREAS, the City Commission desires to authorize the City Manager to release or satisfy liens placed on a property used 12272 for the development of art affordable homeownership housing project upon the issuance of all required certificates of occupancy for the project; 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, as amended, is amended in the following particulars:!' "CHAPTER 2 ADMINISTRATION ARTICLE X CODE ENFORCEMENT 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. Page 2 of 5 12272 Sec. 2-817 h Administrative Costs, Fines; Liens (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 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. (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. (3) 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. (4) The City shall record the release or satisfaction in the Public Records of Miami - Dade Countv. (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 Page 3 of 5 12272 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 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 5. This Ordinance shall become effective immediately after final reading and adoption thereof.21 zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 5 12272 PASSED ON FIRST READING BY TITLE ONLY this 9th day of July , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of Aug., 2002. ATTEST: P ISCILLA A. OMPSON CITY CLERK APPROV AS FORM4fA D CORRECTNESS:e lam" VILARELLO C ATTORNEY W1305:GMM:IT:BSS NUEL . O., Page 5 of 5 12272 �J Second Reading Ordiaas S g CITY OF'MIAMI CITY ATTORNEY'S OFFICI TO: Mayor and Memb/theFROM: Alejandro Vilarell DATE: July 9, 2002 W RE: Proposed Ordin c i y Commission Meeting — July 9, 2002 To amend City e to allow the City to waive liens on properties used for affordable housing projects (J-02-683) Attached is a proposed Ordinance requested by Commissioner Teele at the July 8, 2002 City Commission Meeting that will amend the City Code to allow the City to waive liens on properties used for affordable housing projects. As directed, it is patterned after the Miami -Dade County's Ordinance. The attached differs from the County's Ordinance in that it does not require City Commission action to release or satisfy the lien. At the City Commission meeting on July 8, 2002, Ms. Manning of Habitat for Humanity suggested that it would. expedite development of these projects if each individual request for a release was not required to be approved by the.. City Commission. The attached Ordinance authorizes the City Manager to release the lien if the property meets the criteria, described in the Ordinance and all certificates of occupancy necessary for the project have been issued. The City Manager would have the discretion not to release or satisfy the lien if the City Manager determined that a release would be "inappropriate or unwarranted." The proposed Ordinance provides: A. All affordable housing projects are eligible --not just properties being developed by "non-profit" organizations. B. Only homeownership projects, not rental projects, are eligible. C. No provision for release of liens on properties owned by Miami -Dade County that the County wants to use for affordable housing. The administration currently has a request from Miami -Dade County to release liens on several properties and is in the process of negotiating a reciprocal arrangement for such releases with the County. Research has not been concluded related to whether the need exists to release these liens because they would be released automatically in the list of lands process. However, I am informed that for the properties recently purchased by the City off the list of lands, the City has received a tax deed. It is my understanding that municipal liens survive the issuance of a tax deed. Such research will be concluded and I will inform you of the result. W735:BSS c: Carlos A. Gimenez, City Manager Priscilla A. Thompson, City Clerk 12272 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. 10882 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 07/15/2002 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 thip advertise r publication in the said newspaper. Sy/brn t'Q1nF►d-s_ubscribed befora-me-Wk ray JULY A.D. 200 (SEAL) O.V. FERBEYRE per[,.",,r)own to m�1AFliA1.MESA RS? MY CoMi,AISSION # CC 885640 EXPIRES: March 4, 2004 Bondsd Thr, Notary Public Unoenvriters _ Ct'f.�f �� 9�IIAI,�FLOQi1DA '. ,_ -�,�>• . o Notice.is hereby given that the City.'Commissioh of the City of Miami;- 21irida,•will'considerr the following ordinances onsecond and final reading `on July. 25; 2002 commencing at .9:00 a.m., in ,the City Commission Chambers, 3500 Pan American Drive,. Miami, Florida: x i, ORDINANCE NO. AN ORDINANCE OF THE, MIAMI CITjY, COMMISSION,AMENDi$ ING CHAPTER 2/ARTIdL'CbDIV(SION 6bF THE COOS THE CITY, OF. MIAMI, .FLORIDA, AS AMENDED; ,ENTITLED 'ADMINISTRATION/BOARDS, COMMITTEES -AN D.COMMIS. SIONS/SPORTS AND EXHIBITION' AUTHORITY;"-, CHANGE THE MEMBERSHIP COMPOSITION F:ROM•ELEVENI ,- TO EIGHT. MEMBERS; AND, THE NUMBER. OF YEARS PER; ORDINANCE OF THE MIAMI CITY -COMMISSION AMEND- ,- ,t G CHAPTER 22/ARTICLES I, Il, AND 111, OF THE CODE ,OF_, HE CITY OF MIAMI, FLORIDA, -AS ENTITLED , jr / 'GARBAGE- AND -OTHER SOLID .WASTE/IN • GENERAL/ REGULATION OF PERSONS ENGAGED .IN ,COMMERCIAL _- �, WASTE' COLLECTION/ENFORCEMENT AND ADMINISTRA- TION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLA -TIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22?1,22-2, 22=4, 22-6, 22-7, 22-12, 22-1'4, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22?53, 22154, 22-55, 22-56, 22-57, 22-87, _-- 22?92, and 22-93OF. SAID,CODE;•CONTAINING A REPEALER . PROVISIOWAND'A'SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFECTIVE DATE.y % :- "• ' •'- - ORDINANCE NO... AN ORDINANCE OF THE,.MIAMI CITY -COMMISSION -AC: = 'CEPTING `A' GRANT FROM- CORAL GABLES ;HOSPITAU '*' TENET: SOUTH FLORIDA WEALTHSYSTEM ,AND • TENET ' r3 FOUNDATION, TO ESTABLISH A NEW .SPECIAL REVENUE, FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUN- r tDATION CONTRIBUTION" AND AP,I?ROPRIATING -FUNDS'-:-- '��' FOR THE"OPERATION OF SAME IN THE AMOUNT OF $2,500;' ? 1j AUTHORIZING- THE CITY MANAGER;TO EXECUTE ALL NEC-• drESSARY`DOCUMENTS,-IN A.T.CBM;ACCEPTABLE TO THE =• 'kCITY ATTORNEY, TO,ACCEPT THE -GRANT, CONTAINING'A.- - "•REPEALER 7PAOVISION AND SEVERABILITY;'CLAUSE: •' •- i!•' :=,'•„: r".-. , , .:-.rORDINANCE NO,; .r•�r..:,r •` . ,. ' 14N:ORDIIVANCE OF IAMI;C,ITY:COMMISSION AMEND= t' °_ING CHAPTER 2, ARTICLE X;;SECTION;2=81.70OF. THE CODE. �`OF THE OITY OF MIAMI;_FLORIDA, AS AMENDED; ENTITLED. itt'ADMINISTRATION; -CODE`ENFORCEMENT,sADMINISTRA-- "TIVE COSTS, FINES; LIENS;"'TO ADD NEW SUBSECTION (h) ' .*'TO PROVIDE THAT, SIr�SJErT'TO CERTAIN CONDITIONS, =THE CITY, MANAGER' MAY RELEASE -OR: SATISFY.A -LIEN;.-' �H ,'PI^ACED'ON A PROPERTY'BY THE CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF THE;PROPERTY•IS =y`iUSED FOR THL`DEVELOPMENT•OF-AN AFFORDABLE HO ' 'MEOWNERSHIPrHOIJSING.PROJECT,• BY A PROJECT SPON-- SOR',THAT• HAS BEEN'AL'LOCATED_FUNDS BY •THE CITY, ':COMMISSION.OR`TH-ff TY OF MIAMI HOUSING AND COM `.•MERCIAL LOAN COMMITTEE FOR -,SUCH PROJECT; CON--! " TAINING A- REPEALER-` PROVISION,=-•A-SEVERABIL'ITYV I� ' :CLAUSE, AND_PROVIDING FOR_ AN EFFECTIVE DATE."', Said proposed ordinancds-may-be inspected by -the public at -the Office- of-the'City Clerk, -3500. Pan•''American Drive; Miami, Florida, Monday through'Ffiday,'eiccluding holidays, between the hours of 8 a.m.•and•5 p: M. All interested persons may appear'at the meeting and may be -heard with respect to the proposed ordinances. Should any person, desire to ap- peal any decision of the CityCommission with respect to any matter -to be considered. at this meeting,`th'at person shall ensure that a. verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. lop y PRISCILLA &THOMPSON CITY CLERK - ((#10882) • ,�t �'" i.: , 9�£coFWQ�� • ' . .. , 02-4-66/281182M