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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00256 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/
ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED
OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING
SECTION 10-66, ENTITLED "ENFORCEMENT", AUTHORIZING LEVY AND
COLLECTION OF SPECIAL ASSESSMENT LIENS; AND PROVIDING FOR THE
ENFORCEMENT THEREOF; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, vacant, blighted, unsecured and abandoned structures perpetuate a nuisance
because of their susceptibility to temporary occupancy by transients, and criminal activity such as drug
trafficking, drug use, prostitution, vandalism and other serious crimes, as well as fire safety hazards;
and
WHEREAS, the City of Miami ("City") is working to decrease the incidents of crime associated with
unsecured, vacant, blighted and abandoned structures throughout its communities; and
WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and welfare
of its citizens and seeks to ensure that its communities be free from these unsecured, vacant, blighted
and abandoned structures; and
WHEREAS, the City is entitled to levy and collect special assessment liens in event the City
undertakes work at its own cost for purposes of securingunsecured structures pursuant to Article IV of
the Code of the City of Miami, Florida, as amended ("City Code");
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted and
incorporated as fully set forth in this Section.
Section 2. Chapter 10/Article IV of the City Code, entitled "Buildings/ Registration of Vacant,
,Blighted, Unsecured or Abandoned Structures", is further amended in the following particulars:{1}
"CHAPTER 10
BUILDINGS
::_:ARTICLE;IV... REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED
STRUCTURES
City ofAllan) i
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File Number: 12-00256
Sec. 10-66. Enforcement.
Failure to comply with the requirements of this article shall subject the owner to code enforcement
action, pursuant to F.S. § 162.06 and chapter 2, article 10, as amended and specifically section 2 81/1
Chapter 162. Florida Statutes, as well as Chapter 2, Article 10 of the City Code, and specifically
Section 2-814.
If the owner fails to comply with the requirements of this article, the city may, pursuant to F.S.-§
162.09 Chapter 170, Florida Statutes, secure or cause to be secured and make all reasonable repairs
to such vacant, blighted, unsecured or abandoned structures, which are required to bring the property
into compliance and charge the violator with the reasonable cost of the repairs along with the fine
imposed pursuant to this article. Making such repairs does not create a continuing obligation on the
part of the local governing body to make further repairs or to maintain the property and does not
create any liability against the local governing body for any damages to the property if such repairs
were completed in good faith.
If the work is done or caused to be done by the city, the enforcement officer shall keep an
itemized accounting of expenses of the work done and the cost thereof and notify the owner of said
expenses. If the statement is not paid within ten days after the owner is notified, interest shall begin to
accrue annually at the statutory rate until paid in full.
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 thc real property
Such liens shall be enforced by any of the methods provided in F.S. ch. 86 or, in the alternative,
may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment thereof may
including reasonable attorney fces, incurred in the collection of fees, service charges, penalties and
liens imposed by virtue of this section.
Under the lawful authority granted to municipalities pursuant to Chapters 170 and 166, Florida
Statutes, the city hereby authorizes the levy and collection of special assessments to fund the costs of
any work done by the city to enforce compliance with the requirements of this article.
Costs 'resulting from any work•undertaken by the city pursuant to this section shall be levied as a
• special assessment lien against the real property where the violation existed. Said special
assessment lien, untilfully paid and released, shall remain a lien 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 upon such special assessment liens
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File Number: 12-00256
shall accrue pursuant to Section 170.09, Florida Statutes, as amended. Special assessment liens
shall be enforced by any method authorized, by.law to enforce payment thereof with all accrued
interest and costs, including legal costs, or may be subject to foreclosure, pursuant to Chapter 173,
Florida Statutes, as amended. The property owner shall pay all costs of collection, including
reasonable attorney's fees, incurred by the collection of fees, service charges, penalties and liens
imposed by virtue of this section. Additionally, the city may elect to utilize the uniform method for the
levy, collection and enforcement of this non -ad valorem assessment pursuant to Section 197.3632,
Florida Statutes, as amended.
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 be affected.
Section 4. This Ordinance shall become effective immediately upon final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE 0. BRU
CITY ATTORNEY
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.
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