HomeMy WebLinkAboutItem #32 - First Reading OrdinanceJ-87-001
12/16/86
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 26-12 OF THE
CODE OF THE CITY OF MIAMI, AS AMENDED, TO
PROVIDE FOR THE CITY'S RECOVERY OF ITS
COLLECTION COSTS INCURRED IN THE FORECLOSURE
OR COLLECTION OF DEMOLITION WORK INDEBTEDNESS
AND/OR LIENS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 26-12 of the Code of the City of
Miami, as amended, is hereby amended in the following
pa.rticulars:1
"Section 26-12. Designation and condemnation of
unfit dwellings, etc.
The designation of dwellings, dwelling units,
hotels and rooming houses as unfit for human habitation
and the procedure for the condemnation and placarding
of such unfit dwellings, dwellings units, hotels, and
rooming houses shall be carried out in compliance with
the following requirements:
(2)
(3) * * s
(4)
(5)
(6)
(7)
(8) The expenses incurred pursuant to the
provisions of this chapter applicable thereto
shall be paid by the owner or occupant of the
premises or by the person who caused or maintained
the violation. The owner and/or occupant and/or
violator shall pay . all the city's costs of
collection including. without limitation.
-------L'f -0 - .8...... A --..---A L... 4-U^ n4 +.. d ..
lien_ and/or any other actions, olaims and
proceedings enforcing the payment of demolition
murk and expenses incurred or due the City. as may
be authorized by law. The enforcing agency shall
file among its records an affidavit stating with
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.
10 1
fairness and accuracy the items of expense and the
date of execution of actions authorized by the
applicable provisions of this chapter; provided.
The head of the enforcing agency may
institute -a— suites to recovery or all such
expenses against any liable person or may cause
any or all such expenses to be charged against the
property as a lien or as a special assessment
collectable according to established procedures.
Except with respect to a lien imposed for expenses
incurred in demolition, nothing in this section
shall be construed as placing a lien upon property
which supersedes the lien of any mortgage on such
property executed and recorded prior to the
existence of a lien authorized in this section."
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. 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.
PASSED ON FIRST READING BY TITLE ONLY this
January , 1987.
8th
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1987.
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. ARK
CHIEF DE TV'CITY ATTORNEY
AP
LUCIA A. DOUG
CITY ATTORNEY
RFC/bss/M104
AND CORRECTNESS;
XAVIER L. SUAREZ, MAYOR
-2-
4
CITY OF MIAMI, FLORIDA
/"'*ls INTER -OFFICE MEMORANDUM
Ir
TO. Cesar./Odio, City Manager December 17, 1988
DATE: FILE:
AtJ .Aurelio Perez-Lugones
�^ Unsafe Buildings Demolition
SUBJECT: Expense/Costs
Lucia A. Doughert-X Recapture of Collection
FROM: City Attorney REFERENCES: Costs
ENCLOSURES: C 1
Our office has perceived a need for expressly including
attorney's fees as part of the allowable expenses to be recovered
during the process of demolishing unsafe structures.
Accordingly, we recommend adoption of the attached ordinance.
Your placement of this item on the January 8, 1987 Commission
Agenda is appreciated.
LAD:RFC:bss:P303
cc: Edith Fuentes, Director, Building and Zoning Department
Rafael Suarez -Rivas, Assistant City Attorney
To =Buildi
es, Director DATE. January 22, 1987 FILE.
d Zoning Department
SUBJECT Unsafe Buildings Demolition
Expenses/Costs
ug arty
=ROM City Attorney REFERENCES
ENCLOSURES
We have received your information and material relative to
the recapture of costs in connection with the City's demolition
of unsafe structures. We are in complete agreement that the
proposed ordinance, which was adopted on first reading at the
January 8, 1987 City Commission meeting (Agenda Item #48), be
revised to include the recapture of administrative expenses and
accordingly we are instructing the City Clerk to take no further
steps with respect to advertisement of that legislative Item.
Mr. Rolle of your department is receiving a copy hereof in order
that he may incorporate the necessary language and cost figures
which result from the City's administrative effort in this area.
Further. the City Manager is receiving a copy hereof because of
-'° an erroneous assumption by the Department of Internal Audits and
... =:
Review which resulted in a critical audit finding (1) as
r..`".` reflected in the memorandum of Sujan S. Chhabra, dated
.,
December 28, 1986 (File No. 87-061). No performance bonds are
required to be provided to the City since the provisions of
Chapter 26, "Housing Standards", are no longer enforced by the
.'`.- City of Miami, but are enforced by Metropolitan Dade County. Mr.
VF,, Jimenez of your office is correct in his position that the City's
demolition activity is pursued under the authority of the South
Florida Building Code.
LAD:RFC:bss:P321
,1.; ' oo : Cesar H . Odic _ Z
W', Juan M. Portuondo
14 Natty Hirai
` Sujan S. Chhabra
= Terry Rolle
Luis M . Jimenez
Rafael Suarez -Divas
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