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Miami, FL 33133
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File Number: 1591 Final Action Date: 4/27/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X/SECTIONS 2-817 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS,
FINES; LIENS", ESTABLISHING A NEW CHAPTER 2/ARTICLE X/SECTION 2-
822 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE
ENFORCEMENT/WAIVER, MITIGATION, AMNESTY, SETTLEMENT OF
LIENS", ALLOWING FOR THE CITY MANAGER OR HIS/HER DESIGNEE TO
ADMINISTRATIVELY NEGOTIATE LIEN AMOUNTS, PAYMENT PLANS AND
WAIVER OF LIENS INCLUDING BUT NOT LIMITED TO LIENS RELATED TO
CODE ENFORCEMENT, LOT CLEARING, SPECIAL ASSESSMENT,
NUISANCE ABATEMENT AND SOLID WASTE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Frank Carollo
WHEREAS, the City of Miami ("City") is creating a centralized debt collection system that
provides for the use of payment plans and payments in negotiated amounts to collect unpaid
liens; and
WHEREAS, uncollected liens represent substantive monies which the City could use to
improve the health and welfare of its residents; and
WHEREAS, currently, there is no codified administrative mechanism in the Code of the
City of Miami, Florida, as amended ("City Code"), for certain fees associated with various City
liens emanating from the demolition of property costs, lot clearing fees, code enforcement
tickets, and code enforcement liens, when the subject property is not in litigation, which would
allow for a negotiated settlement providing for payment plans and/or negotiated amounts owed;
and
WHEREAS, the City Manager is delegated the power to ensure the enforcement of the
laws and ordinances of the City Code and in that capacity will be able to negotiate on matters
pertaining to negotiating lien amounts, formulate payment plans and waiver of liens including
but not limited to liens related to code enforcement, lot clearing, special assessment, nuisance
abatement and solid waste;
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 the Section.
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Section 2. Chapter 2 of the City Code, entitled "Administration", is amended in the
following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-817. Administrative costs, fines; liens.
(a) The board or special master, upon notification by the code inspector that an order
has been complied with within the time specified in the order, shall accept such notification
as acknowledgment of compliance and no fines shall be imposed.
(b) The board or special master, upon notification by the code inspector or city attorney
that an order of the board or special master has not been complied with by the set time for
compliance, may order the violator(s) to pay a fine of not more than $262.50 per day per
violation that continues past the date set for compliance by the notice of violation, unless
the violation is of article 8.1 entitled "Tree Protection" of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami; Article 10 entitled "Sign Regulations" of Ordinance No.
11000 of the zoning ordinance of the city, or of Chapter 62, Article 13, sections 62
601 through 62 618 regarding murals of this Code, Chapter 17 of the City Code, entitled
"Environmental Preservation"; Article 10 of the Miami 21 Code, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), entitled "Sign Regulations"; or
Chapter 62, Article XIII, Division 5 of the City Code, entitled "Planning and Zoninq//Planninq
and Zoning Approval for Temporary Uses and Occupancies; Permit Required/Murals", then
the fine will not exceed $1,100.00 per day per violation, and not more than $5,250.00 per
day per violation for a repeat violation.
(c) In determining the amount of the fine, if any, the board or special master shall
consider the following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(d) An enforcement board or special master may reduce a fine once a violator has
complied with the order, and for good cause shown. The board or special master however,
hereby authorizes the city to mitigate fines with violators, provided that the total amount of
the daily fine imposed by the enforcement board or special master may only be reduced to
the percentage stated in the schedule below: as provided for in Section 2-822 of the City
Code.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remains of the provisions are now if effect and remain unchanged. Asterisks indicate omitted
and unchanged materials.
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Enactment Number:
Number of
Total Fine
Days Fine
Mitigation
Outstanding
(percent)
1
30
25
31
60
30
61
90
35
91
120
48
121
150
50
151
180
68
181
210
70
211
2/10
�8
2/11
270
98
27
4-80
p
Any reduction below the percentages set forth above must be brought before the board or
special master for its approval. If the subject fine is reduced and violator fails to pay said
reduced fine within a period of 20 thirty (30) days from the day the offer to settle is made date
of order or agreement, 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.
(e) A certified copy of an order imposing a fine shall be recorded in the public records
and thereafter shall constitute a lien against the land on which the violation exists and upon
any other real or personal property owned by the violator and upon petition to the circuit
court such order may be enforced in the same manner as a court judgment by the sheriffs
of this state, including levy against personal property, but shall not be deemed otherwise to
be a judgment of a court except for enforcement purposes. Any fine imposed pursuant to
this part shall continue to accrue until the violator comes into compliance or until judgment
is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs
first. After three months from filing of any such lien which remains unpaid, the city attorney
shall be automatically is authorized by the board or the special master to foreclose on the
said lien and the city shall make a determination within 45 days whether to proceed with
foreclosure action. Once a determination to foreclose has been made, the city attorney shall
promptly institute foreclosure proceedings. No lien created pursuant to F.S. ch. 162 may be
foreclosed on real property which is a homestead under section 4, article X of the state
constitution. The city attorney shall report try the hoard or special master at each meeting
with respect to any foreclosure actions that have been instituted as well as any decision not
to foreclose with respect to a lien.
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(f) No lien provided by the Local Government Code Enforcement Boards Act shall
continue for a longer period longer than 20 years after the certified copy of an order
imposing a fine has been recorded, unless within that time an action to foreclose on the lien
is commenced in a court of competent jurisdiction. In an action to foreclose a lien, the
prevailing party is entitled to recover all costs, including a -reasonable attorney's fee, that it
incurs in during the course of the foreclosure. The continuation of the lien affected by the
commencement of the action shall not be good against creditors or subsequent purchasers
for valuable consideration without notice, unless a notice of lis pendens is recorded.
(g) The board or special master may issue an order requiring payment of such
administrative reasonable costs not to exceed $52.50 when said costs are found to have
been incurred as a result of necessary actions taken by the petitioner to bring about code
compliance.
(h) (1) Notwithstanding any other provision contained in the Code, the city manager may
authorizc a subordinate lion position on loans for the finance or refinance of construction
improvements, or release or satisfy any lien placed on a property by the city or by any of its
agencics and instrumentalities if:
(i) The property is used for the development or rehabilitation of affordable
homeownership or rental housing projects by a project sponsor that has been
allocated funds by the city commission or the city housing and commercial loan
committee for such project, or
(ii) The property is located in a neighborhood development zone or its equivalent as
defined within the effective community development block grant program
approvcd by the city and accepted by the United States Department of Housing
and Urban Development as magi be amender-! and is i icen for the development
or rehabilitation of affordable homeownership or rental housing projects in
{2) City liens which may be subordinated, released or satisfied include but are not
limited to: demolition liens, lot clearing liens, solid waste liens, code enforcement liens
and nuisancc abatement liens.
{3)
(i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unle-s all certificates of occupancy required for the project, or their
eq ent �� ed he lien or lie+�s on pr„pe alll-not be
subordinated, 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 an affordable housing project is not i-sued within
24 months of the lien or liens being subordinated, the subordination of the lien or
liens shall become null and void unless the city manager approves an extension
for the certificate of occupancy to be iscued.
{'1) The city shall record any subordination, 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 busine-s entity of a person whose actions resulted in
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the lien being placed on the property. For purposes of this section, the term "person"
member" shaluri-r"�eai-� fse, �iit�,-parent,-niece, nephew, n+ i in`+lo gran ar�T
grandchild or anyone haying one of those relationships by law y
{6) Release or subordination 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.
Sec. 2-822. Reserved Waiver, Mitigation, Amnesty, Settlement of Liens.
(a) The City Manager or his/her designee shall have the authority to waive, mitigate,
subordinate, settle, and accept payment plans for all invoices, including but not limited to,
all Code Enforcement, administrative, Special Assessment, demolition, Lot Clearing,
Nuisance Abatement and Solid Waste liens. For purposes of this Section, a Special
Assessment lien includes Lot Clearing, demolition and Building costs. Based upon the
determination of the City Manager or his/her designee, the Director of Finance or his/her
designee shall have the authority to write-off any portion(s) of settled, mitigated, waived,
expired, or legally barred invoices or accounts as is appropriate under the Department's
standards and practices.
(b) The City Manager or his/her designee has the authority to mitigate Code
Enforcement fines levied by the Code Enforcement Board and/or Special Master after five
(5) years from the date of recordation.
The City Manager shall have the authority to implement periodic amnesty programs
to last no longer than six (6) months to encourage repayment of liens, fees and costs that
are past due.
(d) (1) Notwithstanding any other provision contained in the City Code, the City
Manager or his/her designee may authorize a subordinate lien position on loans for the
finance or refinance of construction improvements, or 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 or rehabilitation of affordable
homeownership or rental housing projects for affordable households by a project
sponsor, regardless of source of funding for such project; or
(ii) The property is located in a neighborhood development zone or its equivalent as
defined within the effective Community Development Block Grant program
approved by the City and accepted by the United States Department of Housing
and Urban Development, as may be amended, and is used for the development
or rehabilitation of affordable homeownership or rental housing projects in
accordance with the City's five (5) year consolidated plan, as amended.
(2)(i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, if all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be
subordinated, released or satisfied if, in the judgment of the City Manager or
his/her designee, circumstances relating to the project make the release or
satisfaction inappropriate or unwarranted.
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(ii) If a certificate of occupancy for an affordable housing project is not issued within
24 months of the lien or liens being subordinated, the subordination of the lien or
liens shall become null and void unless the City Manager or his/her designee
approves an extension for the certificate of occupancy to be issued.
(3) The City may record any subordination, release or satisfaction in the public
records of the county.
(4) 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 or 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 without good cause. 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.
(5) Subordination of a lien under this Section shall not prohibit the City from
collecting the underlying fine/sum due by any 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. 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
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey , 2/13/2017
2 This Ordinance shall become effective as specified as 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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