HomeMy WebLinkAboutO-13036City of Miami
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Ordinance: 13036
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01174 Final Action Date: 11/13/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"BUILDINGS," MORE PARTICULARLY BY AMENDING SECTION 10-3 ENTITLED
"BUILDING CODE," TO CLARIFY EXISTING LANGUAGE AND PROVIDE FOR
ENHANCED PAYMENT OF DEMOLITION LIENS; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami's ("City") is authorized to promote, protect, and improve the
health, safety, and welfare of its citizens and seeks to ensure that its communities are free from
unsafe structures; and
WHEREAS, it is within the City's Home Rule police powers to exercise any power for
municipal purposes, including and without limitation, the demolition of unsafe structures; and
WHEREAS, the City has to demolish certain properties that are classified as unsafe structures
by the Miami -Dade County Unsafe Structures Board; and
WHEREAS, the City should provide a fair, equitable, and efficient method of allocating and
apportioning the assessed service costs, which constitute a special benefit to residential and
commercial properties, among property owners within the City; and
WHEREAS, Florida Statute Chapter 173 authorizes special assessments to be treated as
liens equal in rank and dignity with the lien of ad valorem taxes and superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against the real property involved;
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
and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article I/Section 10-3 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:{1}
Chapter 10
BUILDINGS
ARTICLE I. IN GENERAL
City of Miami
Page 1 of 2 File Id: 08-01174 (Version: 1) Printed On: 5/17/2017
File Number: 08-01174 Enactment Number: 13036
Sec. 10-3. Building code.
The "South Florida Building Code" and the "South Florida Building Code, Dade County edition",
will remain in effect, and enforced in the city, for all plans submitted and pending prior to the date the
Florida Building Code is was implemented. Provided, further, all All plans submitted after the Florida
Building Code is was implemented shall be governed by the "Florida Building Code, as amended" and
Chapter 8 of the Code of Ordinances of Miami -Dade County, Florida, as amended (hereinafter
referred to as "Chapter 8 of the County Code"). Following implementation of the "Florida Building
Code," the "Florida Building Code, as amended" and "Chapter 8 of the County Code" shall be
enforced in the city. A copy of this building code is on file in the city clerk's office.
(b) Any and all liens referenced or imposed based on the foregoing provision or Chapter 8 of the
County Code shall be treated as special assessment liens against the subject real property, and until
fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem
taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in,
to or against the real property involved. Interest at the rate of twelve (12) percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced by any of the methods provided in
F.S. Ch. 86 or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the
provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real
estate set forth in Florida Statutes, or may be foreclosed pursuant to F.S. Ch. 173, or the collection
and enforcement of payment thereof may be accomplished by any other method authorized by law.
The property owner shall pay all costs of collection, including reasonable attorney fees, incurred in
the collection of fees, service charges, penalties and liens imposed by virtue of this section.
*II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. 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 and/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
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 2 of 2 File Id: 08-01174 (Version: 1) Printed On: 5/17/2017