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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