HomeMy WebLinkAboutM-84-0638y.Y
CITY OF MIAMI, FLORIDA
INtEi�'Cl�FIGE MEMOIRANOUM
DATE: April 16, 1984
TO. Howard Gary, City Manager
FROM: Peter S. Padowitz, Chairman
FILE=
SUBJECT: Admi ni strati ved Legislative orcode
Board Cases
of House Bill SIB
REFERENCES:
ENCLOSURES:
evious
discssed
While making progress toward code enforcement fothe ls CityaCodehverfrom chargingumore*
the Board is restricted by Section 2-397 (c) o
than $50.00 er case for recovery of administrative costs incurred by the City to
bring about c e compliance.
As we have learned, the actual administrative costs exceed ore coortlpliance is
o per appearance,
with the average case'requiring two or more appearances Lefre
achieved.
Code Section be modified to reflect actual costs
We request the above City
incurred. House Bill
It has also been brought to our attention thou ofurequiring18has onitYnservice�
in
allowing the Code Enforcement Board the op
lieu of fine, where appropriate. The Board has unanimously
nanim usl ix delegation fopressed its
of this amendment and is requesting y
the this proposed legislation (copy
Thank you for your consideration.
PSP/adr
cc: Mayor Ferre
Commissioner Plummer
Commissioner Carollo
Commissioner Perez
Commissioner Dawkins
City Attorney
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a ` BCb 3.opislatic^b 11apartara.Inc.
it .� �i,b It �l it ��� II �I a: �.O.•>DOx 745
SILL. eT
6 t! 11 bill to be entitled
2i An act relating to county at municipal code
eatoceesenes &sending s. 162.09. F.S.i alloying
31,
, a local code enforcement board to require
3 community service in lieu of a"fine; amending
t s. 162.10, F.S.2 extending the tire within
which certain liens can be foreclosed:
4 providing an effective date.
ae It Lnacted by the LeSislature of the State of Florida:
1" 2" Hs 235-14-2-4
1.3
1.4
l:enc
i
Section 1. Section 162.09. Florida Statutes. is 1.1
11.5
13 amended to read:
is162.09 Administrative fines; liens. --The enforcement 11.6
d notification by the code inspector that a previous ;1.7
;y
Dcar upon
c:der of the enforcement board has not been complied with by
1.3
is
the set time, may order the violator to pay a fine not to
i
i;
for each day the violation continues past the date
1.10
>u
.;
txceed,S250
set :or compliance. a certified copy of an order imposing a
!1.11
nay be recorded in the public records and thereafter
2.
.fine
constitute a lien against the land on which the
11.12
2;
s:1a11
violation exists at. if the violator does not own the land,
11.13
Z^I"
M
upon any other real or personal property owned by the
violstors and it may be enforced in the same manner as a court
11. U
#
;i
judgment by the sheriffs of this state, including levy against
.1.16
°
the property, but shall not be deemed to be a court
personal
judgment except for enforcement purposes. After 1 year from
1.1!
�#
2-
the filing of any such lien which remains unpaid, the
may &uthorise the focal governing body
1.19
<,
enforeeatns.tioard
attorney so foreclose on the lien. The enforcement board may
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31
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20'
1
211
- 22.
23
24'
25
26
71
21
24
30
31.
requite the violator to partictoate in public service or a
community work project in lieu of a fine. 1-
Section 2. Section 162.10. Florida Statutes, is
amended to read:
162.10 Duration of lien. --No lien p:ovided unde: the
Local Government Code Enforcement Boards Act shall continue
for a period longer than 5 1 years after the certified copy of ,l:lcs
an order.imposing a fine has been recorded, unless within that 'l.:'
time an action to foreclose on the lien is cowmenoed in a ,1.:
court of competent jurisdiction. The continuation of the lien 1.:9
effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable l.ic
consideration without notice, unless a notice of lis pendens I.:.
is recorded.
Section 3. This act shall take effect October 1. 1984.
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