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Home My WebLink AboutO-11214U-94-901 01/27/95 W 11214 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 consideration 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: Section 1. The recitals and findings set forth in the Preamble to this Ordinance are hereby adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 2, Article X, Section 2-397 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:.`/ 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. 11214 "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT • Sea. 2-397. Administrative costs, fines, liens. (a) The board, upon notification by the code inspector that an order has been complied with within the time specified in the order, shall accept such notification as acknowledgment of compliance and no fines shall be imposed, (d) Qn4 the enforcement board may reduce a fine once a violator was ,haa complied with the board's order, and for good cause shown. The board. however. hereby authorizes the its approval. If subject fine is reduced and 5 violator fails to pay said reduced fine within a period of twenty (20) days from the j day the offer to settle is made then the 11214 - 2 - original fine shall be reinstated. in addition to daily fines, violators shall Dam (e) A certified copy of an order imposing a fine shall may be recorded in the public records and thereafter shall constitute a lien 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, bhe board inay zzathortze the city attorney shall be automatically authorized by the board to foreclose on the determination on to foreclose has been made, the cry attorney shall promptly institute foreclosure pproce de ings. No lien created pursuant to chapter 162, Florida Statutes, may be foreclosed on real property which is a homestead under section 4, article X of the State Constitution. The city attorney shall report to the board at each meeting with rest/ ct to any foreolosure actions that have been instituted as well as any decision not to foreclose with respect to a lien. Section 3. All Ordinances or parts of Ordinances insofar as they are inconsistent or in confliot with the provisions of this Ordinance are hereby repealed. i1214 - 3 - 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 17th day of November , 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 9th day of February , 1995. STEPHEN P. CLERK, MAYOR CITY CLERK PREPARED AND APPROVED BY: GEO GE . WYSONGe II ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A( QPTV J CITY S , III CIA TO Y M2075/LAM/dsl/osk/bss 11214 - 4 - 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 25 TO Honorable Ma or Ind,Members DATE: JAN 3I 1995 FILE of the City �omm�ssion SUBJECT: City Commission Approval Ordinance Amending Code Ch.2 Art.X Sec.2-397 FROM : C e s a r #eP o REFERENCES : Agenda Item, City City ENCLOSURES: Commission Meeting of February 9, 1995 RECOMMENDATION It is respectfully recommended that the City Commission approve an Ordinance amending Chapter 2, Article 10, Section 2-397 of the City Code, to provide.a mitigation schedule for the mitigation of accumulated fines which are-Amposed by the Code Enforcement Board. BACKGROUND This proposed amendment was presented to the Code Enforcement, Board at their meeting on January 11, 1995. The Board votedto 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. CITY OF MIAMI, FLORIDA r INTER -OFFICE MEMORANDUM 29 TO: Honorable Mayor 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 i 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, Tifia of iaxxnY MATTY HIRAI City Clerk March 6, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIC) City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11213 11214 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Puyans Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 Cat# of txt MATTY HIRA1 City Clerk "Cat lim, it March 6, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 CESAR H. ODIO City Manager Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11213 11214 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vp Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233.0708/(305) 250-5360/FAX(305) 858-1610 (�i#g n� �trxmt MATTY HIRAI �� 'r `- \'ri , CESAR H. ODIC City Clerk; r. City Manager March 6, 1995 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11213 11214 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: Cc DEPUTY CLERK RECEIVED BY: DATE: MH:vp Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 658-1610 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11216 Inthe ....................... K.K.HK.K—.................................... Court, was published Iri said newspaper in the Issues of Feb 27, 1995 Attiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the sold newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said 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 she has neither paid nor promised any person, firm or corporation any dlseoun abate, commiss d for the purpose of securl this advertise o pubi ation in the said news or. .. ... Sworn to and subscribed before me this 27 February 95 ........day of............................................................. A.D.19...... (SEAL) _ �s S Octelma V. Ferbeyre personally known ip rrt �? OF7 IAL NOTARY SEAL CliF.RYI. H)AARIAER LAWMISSIlm NO. C'C191"2 MY L()MMISSWN EXP. AFL 12,19% '1 r� MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11219 Inthe ....................... XXX.X.X...................................... Court, was published in said newspaper In the Issues of Feb 27, 1995 Afflent further says that the sold Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, m or corporation anjd1scunt bate, commisslo n for the purposeof advertise r btic Ion in the said ne . Sworn to and subscribed before me this 27 February 95 ........day of............................................................. A D 19...... P-�n4s%°''i�... (SEAL) / 2 Octelma V. Ferbeyre personally known 120a. •••� 0ii+ :•� OPpICiAI. NOTARY SKAL QiERyL H MARMER t,KNjls910N NO. CC19160 My CommwslON EXP. APR. 12,1996 ,? , _., �� ` i f �.� N � �; ;� :. :.,� �,�, �' J �- , '`.. U.,,1