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Ordinance
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Miami, FL 33133
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File Number: 03-0129 Final Action Date:
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 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 to 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
"CHAPTER 2
ADMINISTRATION
ARTICLE x
CODE ENFORCEMENT
*
Sec. 2-817. Administrative Costs, Fines; Liens.
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(h)(1) Notwithstanding any other provision contained in the Code, the City Manager may 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 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 until all certificates of
occupancy required for the project, or their equivalent, are issued. The lien or liens on the property
shall not be 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 the affordable housing project is not issued within 18
months of the lien or liens being satisfied, the lien or liens shall be reinstated unless the City
Manager approves an extension for the certificate of occupancy to be issued.
(4) The city shall record the 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 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 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.
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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
PASSED ON FIRST READING BY TITLE ONLY this day of , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day
of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
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.
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