HomeMy WebLinkAboutItem #36 - Discussion ItemCITY OF MIAMI, FLORIDA,
INTER -OFFICE MEMORANDUM 31
To: Honorableor and Members DATE: NOV 3 1994 FILE
of the City Commission
SUBJECT: City Commission Approval
Ordinance Amending Code
Ch.2 Art.X Sec.2-397(d)
FROM : C e s d l o REFERENCES: Agenda Item, City
City ager Commission Meeting of
ENCLOSURES: November 17, 1994
RECOMMENDATION
It is respectfully recommended that the City Commission approve
an Ordinance amending Chapter 2, Article 10, Section 2-397(d) of
the City Code, to provide a mitigation schedule for the
mitigation of accumulated fines which are imposed by the Code
Enforcement Board.
BACKGROUND
This proposed amendment was presented to the Code Enforcement
Board at their meeting on October 21, 1994. The Board voted to
recommend to the City Commission that the City Code be amended to
reflect this change.
The amended Ordinance will provide a mitigation schedule, from
which there will be no deviation. It will also require the City
to initiate foreclosure procedures on properties which have
failed to come into compliance, 90 days after the lien is filed.
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ORDINANCE NO.
AN ORDINANCE RELATING TO CODE ENFORCEMENT, BY
AMENDING CHAPTER 2, ARTICLE X, SECTION 2-397
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, THEREBY PROVIDING A FEE SCHEDULE FOR
THE MITIGATION OF ACCUMULATED FINES WHICH ARE
IMPOSED BY THE CODE ENFORCEMENT BOARD;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission after careful oonsideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the City Code of the City of Miami, as amended, as hereinafter
set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion 1. The recitals and findings set forth in the
preamble to this Ordinanoe are hereby adopted by referenoe hereto
and incorporated herein as if fully set forth in this Seotion.
Seotion 2. Chapter 2, Article X, Seotion 2-397 of the
Code of the City of Miami, Florida, as amended, is hereby amended
in the following partioulars.V
Words and/or figures strioken through shall be deleted.
Undersoored words and/or figures shall be added. The
remaining provisions are now in effeot and remain unchanged.
Asterisks indicate omitted and unchanged material.
95- 47,1
"CHAPTER 2
ADMINISTRATION
s
ARTICLE X. CODE ENFORCEMENT
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Sec. 2-397. Administrative costs, fines,
liens.
(a) The board, upon notifioation by the
code inspector that an order has been
complied with within the time speoified in
the order, shall accept such notification as
acknowledgment of compliance and no fines
shall be imposed,
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(d) The enforcement board may reduce a
fine once a violator was h= complied with
the board's order, and for good cause shown.
The total amount of the daily fine imposed by
the enforcement board shall be reduced to the
percentage stated in the schedule below.
If subject fine is reduced and violator fails
to pay said reduced fine within a period of
twenty (20) days from the day the offer to
settle is made then the original fine shall
be reinstated.
(e) A certified copy of an order imposing
a.fine may be recorded in the public records
and thereafter shall constitute a lien 95— 47.1
against the land on which the violation
exists and upon any other real or personal
property owned by the violator and upon
petition to the circuit court such order may
be enforoed in the same manner as a court
judgment by the sheriffs of this state,
including levy against personal property, but
shall not be deemed otherwise to be a
Judgment of a court except for enforoement
purposes. Any fine imposed pursuant to this
part shall continue to accrue until the
violator comes into compliance or until
judgment is rendered in a suit to foreclose
on a lien filed pursuant to this section,
whichever occurs first. After three (3)
months from filing of any such lien which
remains unpaid, the board may aubhuxtze
grants automatic authorization to the city
attorney to foreclose on the lien. No lien
created pursuant to chapter 182, Florida
Statutes, may be foreclosed on real property
which is a homestead under section 4, article
X of the State Constitution.
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Section 3. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in oonfliot with the provisions of
this Ordinance are hereby repealed.
Section 4. 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 8. This Ordinance shall become effeotive thirty
(30) days after final reading thereof.
PASSED ON FIRST READING BY TITLE ONLY this 17th day of
Nnvemher , 1994.
9 5 - 47,1 S
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1994.
ATTEST:
RATTY HIRAI
City Clerk
PR ED ANDS APPRO 8
LESLIE A. MEEK
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
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STEPHEN P. CLARK, MAYOR
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95- 47,1