HomeMy WebLinkAboutO-09744J-83-380
11/16/83
rr/Disk 2,
ORDINANCE NO. 7 4 4
AN ORDINANCE AMENDING CHAPTER 22,
ENTITLED "GARBAGE AND TRASH" OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING SUBSECTIONS (b) AND
(c) OF SECTION 22-13 THEREOF, ENTITLED
"WASTE FEE TO CONSTITUTE SPECIAL
ASSESSMENT LIENS AGAINST ALL IMPROVED
REAL PROPERTY", PROVIDING THAT ALL WASTE
FEES DUE AND UNPAID FOR THE PERIOD FROM
MARCH 1, 1980 UNTIL JANUARY 1, 1981
CONSTITUTE SPECIAL ASSESSMENT LIENS; AND
SETTING FORTH THE REQUIREMENTS FOR
PERFECTING SAID LIENS; FURTHER
AUTHORIZING THE DEPARTMENT OF SOLID WASTE
TO VERIFY THE AMOUNT OF WASTE FEES
DUE, IF ANY, UPON ANY PARCEL OF REAL
PROPERTY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Subsections (b) and (c) of Section 22-13
entitled "Waste fee to constitute special assessment liens
against all improved real property", of Chapter 22, entitled
"Garbage and Trash", of the Code of the City of Miami,
Florida, as amended, are hereby further amended in the
following particulars:)
1
"Sec. 22-13. Waste fee to constitute special as-
sessment liens against all improved
real property.
(b)(1) Except as otherwise provided by this
chapter, all waste fees due and unpaid for the
period from January 1, 1981, until December 31,
1982, shall constitute special assessment liens
against all improved real property for which waste
collection and disposal services were provided or
made available.
(2)(i) Except as otherwise provided by this
chapter, all waste fees due ind unpaid or the
Oeeiod from March 1, 1980, until January , 19=tj
shall const tote s ecia assessment liens against
a m proved rea property for which waste
co ection and dis2osalservices were provided or
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
made available, unless the present owner and record
title holder of the particular real property
involved shall fully pay all such waste fees which
became due after such owner, ac uired title and
shall file with the a artment a verified statement
showingihowing that the propertyinvolved was purchased in
ood faith for valuable consideration? and that a
transfer of t tle was not accompl shed for the
ur ose of avoiding a ment of delin uent waste
fees, on a date subse uent to March 1 1980j, an
giving the full and correct legal escri tion and
street address of the property involved, and the
name and address_ of the former_ owner, _if _known, and
such •other information as may be reasonably
required by the department. Thereupon, such
present owners shall be required to pay: (a) such
waste fees for the period from March 1,=1980,_until
January 1, 1981 during -which period they were the
record title holders of the property involved and
(b) all current waste fees. Provided further, that
unpaid waste fees becoming due grior to January 1
1981 shall constitute special assessment liens
only if the department shall cause to be filed in
thg office of the clerk of the circuit court of
Dade County, Florida, on or before December 31,
1983, a notice of lien or statement showing a legal
description of the real property against which the
lien is claimed,_and its location by street and
number, -and _the name of the owner as reflected by
the records of the department, and an accurate
statement of the total amount of unpaid and
delinquent waste fees claimed to be due as of
January 1, 1981, and a copy of such notice of lien
shall be mailed to the owner of the property
involved, as shown by the records of the
department. Such notices of liens shall be filed in
a special waste lien docket book maintained by the
clerk of the circuit court for such purpose, which
shall contain such liens as have been filed. In
the event the department fails to file a notice of
lien as aforesaid on or before December 31, 19831,
no special assessment lien shall exist for any
waste fees becoming due prior to January 1, 1981.
Such liens, if filed, may be discharged and
satisfied by payment to the city ,^f the aggregate
amounts specified in the notice lien,_to ether
with interest thereon from the date of filing of
the lien computed at the rate of eighteen (18) per
cent 2er annum together with the administrative
costs, filing and recording fees. When any such
lien has been fully paid or discharged, the
department shall promptly cause evidence of the
satisfaction and discharge of -such 1 en to be
entered in said waste lien docket book.
(ii) Delinquent waste fees accruing
during the period from March 1_F _ 1980,
until Januar 1 1�991` shall not in an event
become special assessment liens a aint improved
reaaprr_operty unless- the epart_m-e_nt shall comply
with a requirements of sub ara ra h i) of
paragraph 2) of, su section_ hereof. Where
the record t tle to m roved real property was
acquired after March , 980, and prior to
January 1 19 1, in good faith for a good and
valuable consideration and not for the purpose of
avoidin a delinquent waste fees the
present owner and "record title holder of t e
involved property shall be liable only for waste
-2-
99744
0. 0
fees due _for: (a) the time period within which the
record title was acquired n subsequent
per o s. Where the record tit e is so acquired
after January 1 1981f and prioi to the filing of
the not ce of lien or statement re u red under the
proyis ons of subparagraph ( ) of paragraph 2 of
subsection (b) hereof, the roperty shall not be
liable for any delinquent waste fees accruing r or
to January 1981. In such nstances, the former
record title holders shall be personallyliable for
the del nquent waste fees, and not the property.
Any person, firm corporation or legal
entit other than the
y, present owner of the
property involved, who pays any herein special
assessment lien shall be entitled to receive an
assignment of the lien held by the city and shall
be subrogated to the rights of the city in respect
to the enforcement of such lien.
i
(ii) The department is authorized and
directed to execute and deliver upon request
written certificates certify ng the amount of waste
fees due upon any parcel of real proRerty subject
to payment of waste fees or certifying that no
waste fees are due which cert ficates shall be
binding upon the city.
Section 2. All ordinances or parts of ordinances in
conflict herewith, insofar as they are in conflict, 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
i.
�1be affected.
PASSED ON FIRST READING BY TITLE ONLY this 25th day
Of October 1983.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this bth day ofi Nove_mr , 1983.
ATTEST:
�../ • lam/ c"7
PH G. ONGIE, CITY AXERK
— _ Maurice A. Ferre
MAURICE A. FERRE
M A Y 0 R
-3-
9744
PREPARED AND APPROVED BY:
ROBERT F. CLARR
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A 0
OZA��
ISE R. GARCIA—PEDROSA
TY ATTORNEY
I, Ralph G. Ongie, Clerk of the City of Miami, Florida,
hereby certify that on the ... day of...
A. D. 19.1 , a full. true and correct copy of the above
and foregoing ordinance was posted at the South Door.
of the Dad.• County Court llous:: at the place provided
for notic.s and ptiWiemions by attaching said copy to
the place provided therefor.
wrl-Ny,ES�S my lmodd no, the official seat of said
City ..........day ...A.
... .......
ity Clerk M/%G%
Ar
CITY OI< MIAMI. FLORIDA
52
INMR-010"CS MEM014ANDUM
Tot Honorable Mayor and Members CATS. May 2, 1983 J-83-380
of the City Commission
susJaCTt
F"Mt Jose R. Garcia-Ped
City Attorney
011
Delinquent Waste Fees -
Special Assessment Liens
"VENDS May 12, 1983 Agenda
9"CLOSURest (1)
The attached proposed ordinance was prepared at the request
of the Finance Department which will implement the lien
recording process set forth in the ordinance. Passage of the
ordinance should assist in the collection of due and unpaid
waste fees which were assessed between March 1, 1980 and
January 1, 1981.
JGP/RFC/rr
cc:* City Manager
City Clerk
Finance Department
Solid Waste Department
0
101-R . •
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Selem ow wtdars"W author ty personally appeared
OMma Siwar, who on oath says tfiN she Is On Assistant to
the Publisher of On MWW ReWew and Daisy Record a daily
(axoapt Ssiwdp. Srwtdey and Loo MoNdsys) newspaper.
publl ! i st frNernil In Dade CowMy, FtaAda; that tin attached
copy of admilewym being a Legal Adwrtlament or Notice
In the matter of
CITY OF MIAMI
Re: ORDINANCE ON. 9744
in the ...... X . X . X ........................... Courk
was pubibhsd M said INrrap/per in Me Msuss of
Nov. 22, 1983
nt bather soaps that On saw Wad FAM w and Daily
r a F61101 at lfllarrrl in aid Dads crony,
snd�t d saw rdmope r line hwelolors been
wly ps1111 , d W saw Oaae �Ftarws, pah day
sa w*% t waft end t egat and lea been
as saoond owe wAl - dew at post offloe In
saw Dade Covwl% FlorMs, for a psnod of one yew
sadhq do Now osift, tlAn of IM dnoMd copy of
�asn� and aManl tamer sqe thel sat Iw natUrs►
abwnor pro M ed a w parew FM or oorpor-1, - any disoeunb
ka1MeAfsenarM pub � purpose of securing that
"M iawspP f "
OIty Go MIAMI,
bAbs C6ij'ir tip PL*i**A
UAAL NOTION
All interested will take notice th t on the 16i0
e�Y Of 6 r
1983, the City tort mI6616h of WWI, Fiol'ir�s iad
titled ordlnarifes:
.;
oAt)lAiANC€ No. 0138
AN EMtA6EN& OAbiNAi4Oi= AMtN NO t'3MN
9534i ADOPTED �EOi"M�Ei�t�c�1lE Ekf}�T9
t-„
tAL IMPAOVEMENt'AIIP.ROPAtATION Og"o'
AMENDED: BY IN"_ LASING AFlPAOPAIAT"6A
MARTL PHASE ]-IN THE_ AMOUNT OF 326;DWj-Alit .49PE !k " ,,i�t'il I�HA$L !i 1I�t9"{�=elfVIf3UN1" .
I21ZPW',,AN U40M EAT] 0 N A L FAC►LITjEs�
dAhON BONt1.PUNO b+ALANrcl � C tl iC3tit .
PROV16ION AND A SEVERA$ILITY LAUS� „
ORDINANCE NO.9737 Yry
ANEMERGENCYORDINANCE AMENDiNdSfiEkT10NS2AND f
6 OF ORDINANCE NO. OW ADOPTED SEPTEMBER ,1983, .
THE ANNUAL APPROPRIATIONS,.ORIJINANCE FOR FISCAL
YEAR ENDING $EPTEMBER 30, 1984, AS AMENDED,$Y
ESTABLISHING A $PEC3IAL AEVENUE' FUND ENTITLEO,
"LOCAL OPTION GAS TAX TRANSPORTATION SYS'rtM MAIN
TENANCE AND IMPROVEMENTS" FOR IMPLEMENTATION .
IN FISCAL '' EAR"198 44 FOR THE PURPOSE OF. pROVIt3.
IN43PUNDINGAN THEAMOUNt OF t3,100,000 FOR SPECIFI-
CALLY DEFINED TRANSPORTATION PROJECTSAS OU'W-�4..LilFSNED
IN FLbFttDA-•STAtUYE� 336:025(cl,".REVIrNUEB iN_�
AMOUNT ARE.AVAILABLE FROWTHE.OADECOUNTY4:OCAL
OPTION GAS TAX; AND CAN BE ALLOCATED TO THE�CITx
TWROUGH AN INTEALOCAL-AGREEMENT, Wl7H;MEtRb"
POLITAN DADE COUNTY," ('HE CITY OF HiALEAH ,ANO THE',
CITY OF MIAMI BEACH AS AUTHORIZED BY"HESOLUT,ION
NO.=83-552,r?ADOPTED JULY 18, 1983; CONTAINING' x�
REPEALER"PROVISION'a4ND A SEVERABILITYCLAUSE, 4;=
ORDINANCE NO. 9738 :
AN EMERGENCY ORDINANCE AMENDING ORQiNANCENO ` i,
06K ADOPTED DECEMBER 9, 1982; THE EXISTING CAPI
TAL IMPROVEMENT'APPEiOPRiTOL Pf"A'10-
ION$ ,-'AMENDED•, 9Y ESTABLISH1NO
XXI' .L-OCAL;
T N4:fJTLf1PRISE1 iINRi BY tc$TABLISHII40 DADE COUNTY
i OPTIONAL "GAS TAXES A$'A RESOURCE 1N .TNIS_ LOCAL -,
'OPTION GAS TAX TRANSPORTATION °ENMRPR'ISIE� NO
IN THE AMOUNT OF.33,100,'0gQ;,ANO-V. APPpAPRp� "Q �
AN.`AIJIOUNTOR-$?OA 0.FROM DAOE, COUNTY IDI�'IONALfi I
GAS TAXES, TO�fSTABfJSH"JAEA1Aj ��P, HO GRAP"YI; I „
RIGHTS OFV Y AS PROJECT X� W', IN THE�:00AUOPTION
GAS�T'AX fF[ANSPORTATION"LgNtEf;P415`E•�N,P, AND_'SW
AP.PROPRIIATINOr-AN.-AfMOIJNT Or 33�W10t10`ERC3Nt VA, t �'ti ;
z�'XiOUN'CY'�3PTfiiNA(..13A1�r IA]t1:S TO ESTAOUStri ' 18
- 04;MATION SYSTEWIRA AitiCE-ANOL 111ApR iSlAEhi
AS;VROJtcC3T (I�BI'2 11E LOCAL OPj1O�A$ 7AiIr1 "
l - TRAt+)g#Clf1T11T4ON & PAISE FUND;:':;;b�lTAUAilet$ sAt
€ 1 REi'EALEEi P4 8101tOAt�iD�I► SE�IF„i:AB11#MCC ,
' AJECLARINI�A'hl�AEi�iEfolCk`�IQ13� i't� ,
€f;1E14011 t3 lF;TH18#OjjD"ANOEDtsi'!'INQ1 `-1sAi i►'t A IE�
'1'�Y AG:`614%fEti'.t)Ii�IOT�.EB$��'I�AN FOCiR•�1FC#1� ��i�r� -.
CO,µM,�ugiglis�tON
i ht'io'r
sr{,PAOVIEii
J1AitEM5-EO: SX7A j�A
n+%�LM►P�vd1C�1 i,��
fi S �i
OpA�Ag�I
A"# E'r1 .
AN OROiNANGE E$TA9f.ISHINt A�NEWS@EC.IALRit
"NUS' FUNt3 ENTITLED'=*�'PRE�S�ktOd�,t?EfXiRAI�'�r°AINDr
APPROPRIATING -FUNOS. FOR�tIS:c4RER!!1'tON ells THl�f
AMOUNT LOF S12O,30Q GOMPpSEQgItEYE tF�a;°•GQR
LECTED` FROM DAR PATIdN4jK95iAXt6 StQ�tATOQ,�
FOOD REIMQURSERAEN*-4-'FROM TH"title"TATFie
DEPAEITIf1'gti r'OF AC§A(EULTgRE FOOD PROGRAM:.QUR„�
ING`FISGAL. YEAR 11IB384, CONTA#NlNCi A REPEAL PRQt(M�.Tk
SION AND A SEVERABIL'ITY CLAUSE -,
OADIIVANCE NO 9T42 �,a�OWC
AN ORDINAt1CSAMENOiH44SEC71pN 1 OF`ORDIlVANGE
ANE? a�7 ilt;lI 1 11 e.RQp-
PRpcI;RAMS�ANt�" NTS ia►c3NGlI���tr»�
LIKEAMpU�1 FOl3THFLPW� POSlRDF:FUNWNQAgOMMU.
NITY INVOWEMENT SRECIALIST.00SITION TO WORKAN
THE CITIZEN RESPONSE CENTER AND OPERATE;THE INFOR-
MATION VAN, SERVING AS A LIAISON WITH THE. HAITIAN
COMMUNITY; CONTAINING A REPEALER PROVISION AND- -
A SEVERABILITY CLAUSE. ?
ORDINANCE No. 9743
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVS-
NUE FUND ENTITLED "PARK DEVELOPMENT FUND" FOR
THE PURPOSE OF PROVIDING AN ACCOUNTING; SYSTEM
TO ACCEPT AND APPROPRIATE PRIVATE DONATIONS FOR
PARK DEVELOPMENT PROJECTS.
ORDINANCE NO. 9744
AN ORDINANCE AMENDING CHAPTER 22, ENTITLED
"GARBAGE AND TRASH". OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENPINO SU86EC•
TIONS (b) AND (c) OF SECTION 22.13 THEREOF, ENTJT) ED
"WASTE FEE TO CONSTITUTE SPECIAL ASSESSMENT LIENS.,
AGAINST ALL IMPROVED REAL PROPERTY PROVIDING
THAT ALL WASTE FEES DUE AND UNPAID FOR THE PERIOD
FROM MARCH 1, 1W WNTIL JANUARY 1, 1.98tQONSTI-
TUTE SPt C(AL ASSESSMENT, LIF, ; AND INCH E04TH
THE REQUIREMENTS FOR PERFECTIN46410 LIENS; FUR—
THER AUTHORW"— THE PEPARTME"T OF,SQLID MOTE
TO .VERIFY THE ,gfltOU 1T OF WASP FEFM OWE, IF II,NY,
4#PON ANY PARCH OF REAI, PR��P�RT?�, NEi
PIs� PFi11lSI£I ANQ 1(lLt9 Et ,. ;..
r RAIE Ko ONO
D.� 1.
P4?IilCz9�11t11$t�Qt1 thllslt k
0
14
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE-
Sellers the undersigned authority posenatb appm ed
Oolelmo V. FarWyre, who wr ardh says tlrol she M drs 8uperviser,
Legal Advertising of the NlIoN RWm and Dolly Record. a
dsNy (swept Saturdey, Sunday and LOW HoNdeysi WpK.
pubsthed at Miand In Dada County, Florida; that On attached
copy of art, being a Legal Adwrdownent of Notice
In tM isaft of
CITY OF MIAMI
ORDINANCE NO.
in tide... % . X . X . I ............................ Court,
wee published In said newspaper In the Isom of
Nov.4, 1983
Aftiatt hodw up that the sold Nio nd Redow and Deft
_ Reaad N a pubYsAsd at MIerN Is said Dada Cardl,
Flair . and tM�hs "M has heretofore been
ooMNaidarewly twbMehed In sold Deft C~
ttr. Roeids. aoh day
a �006 � meal a�WMr Nsabw
theel peat o111cs In
NNW 61 sold Dade County Fields, for a period of aOW oof the onospryew
_ and aflMni fargrsr"ears Mat dw h e nNMrer
poll nar d; perem- am or oonporallon ON dboead,
�oonlRl woe ;la�ps-NF ,ww of asarNIg tlrb
r►,Ibe eeJq nee�spopec
..................
....;�ti.. 'tiv.►rrrrf•.. f..... :..
aKid i16e0r� irople Me tide
4t ol Dfov „ 83
der . �.. y�.= ..��. . �.�. (�. eb �•3_lt.......
b• • 8eq�r�
at Lams
Cornndsslort sx�jf� l:1. lt1tS.� ��
ir111411 O R ID P' P`%�
Olt* Air NiIAMI,
OADS OOi 11111i 'M, tLOlI WA
tibiriCB bF PltBitd�1 h1l�lilAN+1:B
NOTICE •18 HERESY GIVEN that the City C+Dthfrtittttiors afvttta NO
of Miami, Moridsi on November 18,1ASW, coinrrlen�Itt$ ilt �b IA.�.� A
the City Commiselon Chamber, st MM Pan Amerloan Drive, •MlBifn
Florida, will consider the following Ordlriilodli(e) on final. l"o drld
the adoption thaho0i
ORDINANCE NO. - ;, a • .
AN ORDINANCE. AMENDING SECt1ON,1'.OF C)AOINANGE.
NO., 9684 ADOPTED SEPTEMBER 29, t983, THE_°ANNUAL
APPROPRIATIONS ORDINANCE FOR, FISCAL-'YEAA t:NO
IN(i;$EP!EMBER 3O, 19S4, BY INCREASING THE:A*060 tA„ x
TION IN THE GENERAL FUND FOR THE DEPARTMENT'OP
COMMUNITY DEVELOPMENT IN THE AMOUNT OF; $95,10
AND I3Y DECREASING'THE APPROPAIATiSFECON FbRIAL eg
PROGRAMS AND ACCOUNTS CONTINGENCY FUND IN THE ,
LIKE AMOUNT FOR THE PURPOSE OF FUNDING A COMMU.
NITY INVOLVEMENT;: SPECIALIST. POSITION TO WORK IN
THE CITIZEN RESPONSE CENTER AND 0130A`I'1=~T"t IN1..(*
MATION,VAN, SERVING,AS A LIAISON WITH THE HAITIAN ..
COMMUNITY;,CbNtTAINING A REPEALER PROVISION -ANO'
A SEVERASILITY CLAUSE.:
i
a ORDINANCE NO.
AN ORDINANCE ESTABUSHING A NEW 6PECIAL
NUE! FUND ENTITLED:• "Pitt -SCHOOL 00' ' RAM; AN
APPROPRIATING! -FUNDS 'FOR "ITS OPERATION! IN ,THE
AMOUNT -OF $120A0O COMPOSED OF REVENUES GOL
ltbT`ED FROM PARTICIPATION FEES; AND- DESIGNATED
FOOD•REIMBURSEMENTS-FROM THE UNITED :STAT'f8 , •
DEPARTMENT? OF AGRICULTURE FOOD PROGRMM Wh,
iNO FISCAL YEAR i9838li, CONTAINING A REPEALEPIAF1OVI .:i°'
SION AWA SEVERABILI70f CLAUSE.
,ORDINANCE NO
AN ORDINANCE `AMENDING $ECTION-18.73(b) AND PARA
GRAPH (2) OF SUSSEMON 1&73(ej OF SECTION Akf.NTV
TIED "MINORITY PROCUREMENT PROGRAM" OF fHE GOpv-- Y,
OFTHE.CITY OF MIAMI, FLORIDA, AS AMENDED, BY 000=.
VIDING`-FOR'THE `b9LETION OF THB.WORD "PROPOR
TIONATE" AND,FOR'bELETION OF THE WORD t'#AONtES'�
' AN6INSERTI6N C1F;`IiH# VV(JADS `MONEY, '0110F F `bft
.°."SERVICES"IN l3AID St)BS�CTION.18-73(b)'A`ND fOA`�`I'1E,
DELETION OPTHE WORD$ "BY THE CITY" II+i PARAGR0Ii`
21N`SAID SUBSECRON'16173(e� SUCH AMENOtNENTS,
NECESSARY TO FA,NLMATE�THE EFFECITVE `APPLIC T1iNd .
-OF SAW PROt3R41M-FURTHER BY RENUMBERING•IAW,
MR tv