HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney'/ w v7"
DATE: September 12, 2024
RE: Substitution of Item SR.2 on the September 12, 2024, City Commission
Meeting: An Ordinance by the Miami City Commission Amending Chapter
2/Article X/Section 2-817 of the Code of the City of Miami, as amended
titled "Administration/Code Enforcement/Administrative Costs, Fines;
Liens," to amend and provide for the Code Enforcement Board or Special
Magistrate to Consider all Mitigations of Code Enforcement Liens;
containing a severability clause; and providing for an immediate effective
date.
File No.: 16311
Item SR.2 on the September 12, 2024, City Commission Meeting Agenda
proposes, an amendment of Chapter 2/Article X/Section 2-817 of the Code of the City of
Miami that:
above:
• All Mitigations be considered by the Code Enforcement Board or Special
Magistrate
The Legislation is being substituted to provide clarification that in addition to the
• The Code Enforcement Board and Special Magistrate employ the use of a
matrix that provides for a minimum amount of mitigation, depending upon
the type of property and possible maximum amount, depending upon the
type of violator.
• That a Property Owner can seek to make payment of the maximum
amount of mitigation without necessity of a hearing before the Code
Enforcement or Special Magistrate.
cc. Arthur Noriega V, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
I lo 3 I I cubs-k o)07) maiKo -ro(1-1 0-1-11 A-11-06161
City of Miami
Legislation
Ordinance:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16311 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER A/ARTICLE X/SECTION 817 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "CODE
ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS" TO AMEND
THE SECTION IN ORDER TO STREAMLINE THE MITIGATION
PROCESS AND PROVIDE A CLARIFYING CHART FOR THOSE WHO
SEEK MITIGATION; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amended
("City Code"), provides guidance for the Code Enforcement Board ("CEB") or Special Magistrate
when a property owner is seeking mitigation of a lien for complied violations; and
WHEREAS, Section 2-817(d) of the City Code also provides the City of Miami ("City") to
administratively mitigate liens, by certain percentages, if the lien has been running for less than
two hundred seventy-one (271) days; and
WHEREAS, on a regular basis, property owners have allowed the outstanding liens to
remain open for many years after compliance was reached due to failure to contact the Code
Compliance Department or other issuing Department that the violation was removed; and
WHEREAS, it is the goal of the City to incentivize properties to come into compliance,
assure that fines are timely paid, and properties are cleared of any outstanding violations; and
WHEREAS, diligent property owners should receive a benefit for being timely and
efficient with correcting violations; and
WHEREAS, it is the goal of the City to have a streamlined and easy to understand
mitigation a process for both current and pending owners where properties have outstanding
fines or liens pending; and
WHEREAS, it is a further goal of the City to provide a method to allow for certainty to
foster development, allowing property owners to calculate the cost into future projects; and
WHEREAS, the City Commission believes the amendment will be beneficial to current
and future property owners by providing a more orderly and streamlined process for mitigation;
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.
City of Miami Pagel of 4 File ID: 16311 Printed On:
Section 2. Chapter 2 of the City Code is amended in the follow particulars:1
"CHAPTER 2 / ARTICLE X
CODE ENFORCEMENT
Sec. 2-817. — Administrative costs, fines; liens.
(d) Upon request by a property owner/violator, an outstanding fine/lien
imposed by the code enforcement board or special magistrate may be mitigated based upon
the chart below.
(1) Mitigation of fine for homestead properties. An enforcement board or special
magistrate m r reduce an outstanding fine of a homestead property bawd on
(2) Mitigation of fine for non homestead properties. The board or special
the schedule below (the percentage on the chart below refers to percentage of
the lien to be paid One h, indreel n n4 a reflestce! in the chart moans no
mitigation is allowed and the total lien shall be paid):
Total -Fine
Mitigation
1 30
31 60
61 90
91 120
33
35
40
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.
City of Miami Page 2 of 4 File ID: 16311 (Revision:) Printed on:
Number -of -Days
Fine -Outstanding
121 150
151 180
181 210
211 240
211 27-0
271 and up
Mitigation
+percent)
a0
60
7-0
00
90
400
The Code Enforcement Board or Special Magistrate may consider any other criteria it
deems relevant other than as listed in Section 2-816(c) to determine whether the
mitigated amount will be no less than the minimum or no more than a maximum
amount as stated in the Chart below:
Chart:
Minimum Mitigation Amount
Property Type/Use
$5,000.00
Single Family — Homestead/Owner
Occu • ied
$5,000.00
Duplex — Homestead/Owner Occupied
$7,500.00
Vacant Lot
$10,000.00
Single Family — Non Homestead
$10,000.00
Duplex — Non Homestead
$15,000.00
Triplex/Fourplex; Apartment Building,
Condominium, all other Commercial
Reduction to $0.00
May only be accomplished through
Unanimous Vote at a Hearing by the
Code Enforcement Board for Single
Family or Duplex Properties
Maximum Mitigation Amount
Type of Violation
20% of total fine/lien
Non -Repeat Violation
30% of total fine/lien
Repeat Violation
(02) If the subject fine/lien is reduced and a violator fails to pay said reduced fine
no later than 30 days from the day the mitigation is made
order is entered, and if not paid timely, then the original fine/lien shall be
City of Miami
Page 3 of 4 File ID: 16311 (Revision:) Printed on:
reinstated. In addition to daily fines, violators shall pay cost(s) of prosecution as
ordered by the Code Enforcement Board, if any, which have been incurred by
the city with respect to such violation. The mitigated amount may not be paid
installments.
(43) Exceptions. The above chart and restrictions shall not apply to;
a.
501(c)(3) and eleemosynary organizations and single-family and duplex
residential properties which are now vacant land but whose past,
immediate use was as a single family or duplex residential property shall
be allowed to obtain mitigation in the same manner as properties under
Subsection (d)(1). Eleemosynary is defined as a private corporation
created for charitable and benevolent purposes; and
b.
Vacant land
whose immediate, past use was as a single family or duplex residential
property shall be allowed to obtain mitigation in the same matters as
properties pursuant to Subsection (d)(1).
mitigation in the s manner ace propertied which have hemectead
A
Maximum Mitigation percent greater than 31 % or denial of Mitigation by
the Code Enforcement Board or Special Magistrate shall be made with
specific findings as it relates to a Repeat Violation, or a violation that
created a danger to the health, safety and welfare of persons or
property, or a flagrant, intentional violation of the City Code.
Ettl Any property owner may request in writing to the City Manager or Designee the ability
to mitigate to the maximum amount as prescribed in Section 2-817(d)(1) chart. The
request shall state with specificity the reason for the request. The request shall be
presented to the Code Enforcement Board or Special Magistrate at a regularly
scheduled meeting. If the Code Enforcement Board or Special Magistrate denies the
request, the property owner may still seek a mitigation hearing before the Code
Enforcement Board or Special Magistrate as set forth herein.
* *„
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 thirty (30) days after final reading
and adoption thereof.2
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 4 of 4 File ID: 16311 (Revision:) Printed on:
City of Miami
Legislation
Ordinance
File Number: 16311
Final Action Date:
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE
COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE CODE
ENFORCEMENT BOARD OR SPECIAL MAGISTRATE TO CONSIDER ALL
MITIGATIONS OF CODE ENFORCEMENT LIENS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amended
("City Code"), provides guidance for the Code Enforcement Board or Special Magistrate
(collectively, "CEB") when a property owner is seeking mitigation of a lien for complied
violations; and
WHEREAS, Section 2-817(d) of the City Code also provides the City of Miami ("City") to
administratively mitigate liens, by certain percentages, if the lien has been running for Tess than
two hundred seventy-one (271) days; and
WHEREAS, on a regular basis, property owners have allowed the outstanding liens to
remain open for many years after compliance was reached; and
WHEREAS, it is the goal of the City to incentivize properties to come into compliance,
assure that fines are timely paid, and properties are cleared of any outstanding violations; and
WHEREAS, diligent property owners should receive a benefit for being timely and
efficient with correcting violations; and
WHEREAS, it is the goal of the City to have property owners understand the mitigation
process, absolutely know what to expect with regard to mitigation, and not be treated unfairly or
arbitrarily; and
WHEREAS, providing clear language for property owners to understand their duties and
obligations facilitates a better and productive environment for all property owners, business
owners, and residents of the City; and
WHEREAS, to further streamline the mitigation process, it is in the best interest of all
property owners if the CEB consider all liens/fines sought to be mitigated;
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.
City of Miami File ID: 16311 (Revision:) Printed On: 9/3/2024
Section 2. Chapter 2, Article X of the City Code is amended in the follow particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE X
CODE COMPLIANCE
* * *
Sec. 2-817. — Administrative costs, fines; liens.
* * *
(d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate.
(1) Mitigation of fine for homestead properties. An enforcement board or special
magistrate may reduce an outstanding fine of a homestead property based on the
criteria above once a violator has complied with the order, after the city has
collected its costs as determined by the city manager or designee, and for good
cause shown.
(2) Mitigation of fine for non -homestead properties. The board or special magistrate is
hereby authorized to mitigate fines with non -homestead violators, provided that the
total amount of the daily fine imposed by the enforcement board or special
magistrate may only be reduced to the percentage stated in the schedule below
(the percentage on the chart below refers to percentage of the lien amount to be
paid.
):
Number of Days
Fine Outstanding
Total Fine
Mitigation
(percent)
1-30
25
31-60
30
61-90
35
91-120
40
121-150
50
151-180
60
181-210
70
211-240
80
241-270
90
271 and up
100
(3)Any reduction below the percentages set forth above must be brought before the
board or special magistrate for its approval. If the subject fine is reduced and a
violator fails to pay said reduced fine within a period of 28 30 days from the day the
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 unchanaed material.
City of Miami File ID: 16311 (Revision:) Printed On: 9/3/2024
mitigation is made, then the original fine shall be reinstated. In addition to daily
fines, violators shall pay cost(s) of prosecution, if any, which have been incurred by
the city with respect to such violation.
(4) Exceptions. The above chart and restrictions shall not apply to:
a. Matters set for hearing at the time of the adoption of this subsection;
b. Bankruptcy matters ,or matters in which the city has a litigation settlement
which may he heard by the city commission;
,
c. 501(c)(3) and eleemosynary organizations and single-family and duplex
residential properties and vacant land, where the immediate, previous use was
as single family or duplex structure shall be allowed to obtain mitigation in the
same manner as properties which have homestead exemption under
subsection (d)(1). Eleemosynary is defined as a private corporation created for
charitable and benevolent purposes.
* *„
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 after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
g . Wy j ng III, C 11'y ttor -y 7/1/2024
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 File ID: 16311 (Revision:) Printed On: 9/3/2024