HomeMy WebLinkAboutLegislation FR/SRSecond Reading Ordinance
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00514
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE 5, ENTITLED "
CODE RELIEF PROGRAM TO MODIFY THE MITIGATION OF FINES DUE TO
PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is more than a 115 years old, and has buildings which have
been built pursuant to several building and zoning codes, throughout that long period of time; and
WHEREAS, the current economic climate makes it harder for citizens to bring their properties and
mitigate fines that have accrued; and
WHEREAS, the City has the opportunity to assist those who wish to legalize their properties and
mitigate fines in a safe and orderly manner;
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 10 of the Code of the City of Miami, Florida, as amended, entitled "Buildings",
is amended in the following particulars: {1}
"CHAPTER 10
BUILDINGS
ARTICLE V. CODE RELIEF PROGRAM
*
Sec. 10-73. Enforcement and Mitigation.
* *
a. Notwithstanding the provisions of this Article, the Building Official may at all times continue
enforcement of this Code or any local (city or county) ordinances or technical codes through any
City of Miami
Page 1 of 3 File Id: 12-00514 (Version: 1) Printed On: 4/30/2012
File Number: 12-00514
authorized means, including issuance of a Notice of Violation pursuant to Chapter 2, Article X, Code
Enforcement; recording of lien for same; commencement of a case before the Unsafe Structures
Board or Panel; or the issuance of a civil citation. This section shall not be construed or serve as a
defense against any enforcement action brought by the Building Official based on the current
requirements of the ordinance, nor shall this Article preclude the City from enforcing local (city or
county) ordinances or technical codes through any means provided by law.
b. Notwithstanding the provisions of Chapter 2, Article X, Code Enforcement with regard to the
mitigation of fines, the mitigation of code enforcement per diem fines shall be mitigated as set forth in
the chart below, provided the Participant has applied for the Code Relief Program and has completed
the program. Upon completion of the Program, the Director of Code Enforcement will advise the
Director of Finance of the eligibility of the Participant to pay the mitigated fines according to the chart
below. Once proof •of payment to the Finance Department is given to the Director of Code
Enforcement, the Director of Code Enforcement will cause an Affidavit of Compliance to be issued.
Amount to be Non- Homestead Property Seniors or Disabled or Payment Options
mitigated in dollars Homestead in dollars Veterans in dollars
Options for Homestead
Property in
dollars
4p-to 25,000 0 5,000 2,000 1,000 1,000 Within 1 year
24.999
5,000 3000 1,500 1,000 Within 1 year
25.000-49.999
50,001 to 75,000 5,000 4.000 2,000 1,000 Within 1 year
50.000-74.999
75,001 to 100,000 5,000 2,500 1,000 Within 1 year
75.000-99,999
100,001-0-499,999 7,500 3,500 2,000 Within 2 years
500,000 to 999,999 10,000 5,000 2,500 Within 3 years
Over 1 Million 15,000 7,500 3,500 . Within 4 Years
The amounts set forth above in the mitigation chart shall not be construed to prohibit the mitigation of .fines
that fall below the minimum fine to a lower amount.
*II
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}
Cite of Miami Page 2 of 3 File Id: 12-00514 (Version: 1) Printed 0n: 4/30/2012
File Number: 12-00514
APPROVED AS TO FORM AND CORRECTNESS:%
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words and/or figured stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicated 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.
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