HomeMy WebLinkAboutO-12500City of Miami
Legislation
Ordinance: 12500
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00052 Final Action Date: 3/11/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE X, SECTION 2-817 (h)(3)(ii) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE
ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD
PROVISIONS THAT PERMIT THE CITY MANAGER TO AUTHORIZE A
SUBORDINATE LIEN POSITION ON LOANS FOR THE FINANCE OR
REFINANCE OF CONSTRUCTION IMPROVEMENTS ON PROPERTIES USED
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS; AND TO
DELETE PROVISIONS THAT PERMITTED LIEN(S) RELEASED PRIOR TO
ISSUANCE OF CERTIFICATES OF OCCUPANCY OF AFFORDABLE HOUSING
PROJECTS BY THE CITY MANAGER TO BE REINSTATED; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission desires to promote and encourage the development of
affordable housing projects; and
WHEREAS, the City Commission finds it is in the best interests of the City of Miami ("City") for
the City Manager to authorize a subordinate lien position on loans for the finance or refinance of
construction improvements, or release or satisfy liens placed on properties used for the
development of affordable homeownership housing projects located in Home Ownership Zones
regardless of the source of funding; and
WHEREAS, it has been determined that it is not in the best interest of the City to release or
satisfy liens until all certificates of occupancy required for the project, or their equivalent, are
issued;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2, Article X, Section 2-817, entitled "Administration, Code Enforcement,
Administrative Costs, Fines; Liens," of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:{1}
City of Miami
Page 1 of 3 File Id: 04-00052 (Version: 11 Printed On: 9/1/2016
File Number: 04-00052 Enactment Number: 12500
"CHAPTER 2. ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-817. Administrative Costs, Fines; Liens.
(h)(1) Notwithstanding any other provision contained in the Code, the City Manager
may authorize a subordinate lien position on loans for the finance or refinance of
construction improvements, or release or satisfy any lien placed on a property by the
City or by any of its agencies and instrumentalities if: (i) the property is used for the
development of an affordable homeownership housing project by a project sponsor
that has been allocated funds by the City Commission or the City of Miami Housing
and Commercial Loan Committee for such project, or (ii) the property is located in a
Home Ownership Zone and is used for the development of an affordable
homeownership housing project in accordance with the Five -Year Consolidated
Plan.
(2) City liens which may be subordinated, released or satisfied include but are not
limited to: demolition liens, lot clearing liens, solid waste liens, code
enforcement liens and nuisance abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the City Manager, circumstances relating
to the project make the release or satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued
within 18 24 months of the lien or liens being satisfied subordinated, the
subordination of the lien or liens shall be reinstated become null and void unless the
City Manager approves an extension for the certificate of occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public
records of the county.
(5) The city shall not release or satisfy any lien on a property owned by the person
whose actions resulted in the lien being placed on the property. The city shall not
City of Miami Page 2 of 3 File Id: 04-00052 (Version: 11 Printed On: 9/1/2016
File Number: 04-00052 Enactment Number: 12500
release or forgive any lien on a property owned by an immediate family member or a
firm, corporation, partnership or business entity of a person whose actions resulted
in the lien being placed on the property. For purposes of this section, the term
"person" shall mean any individual, business, corporation partnership, firm,
organization or other type of entity or association. For purposes of this section, the
term "immediate family member" shall mean spouse, child, parent, niece, nephew,
aunt, uncle, grandparent, grandchild or anyone having one of these relationships by
law.
(6) Release or subordination of a lien under this section shall not prohibit the city
from collecting the underlying fine/sum due by other legal means. Release of a lien
pursuant to this section shall not be deemed to mean that a violation underlying the
lien has been cured.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 4. 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.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 04-00052 (Version: 11 Printed On: 9/1/2016