HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10612 Final Action Date: 9/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE CITY
MANAGER TO WORK IN CONCERT WITH THE OFFICE OF THE CITY
ATTORNEY TO DETERMINE WHICH CODE COMPLIANCE PROPERTIES
THAT HAVE OUTSTANDING RECORDED LIENS OF OVER $50,000.00 SHALL
BE CONSIDERED FOR FORECLOSURE PURSUANT TO SECTION 2-817(E)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED.
SPONSOR(S): Commissioner Jeffrey Watson
WHEREAS, currently Section 2-817(e) of the Code of the City of Miami, Florida, as
amended ("City Code") provides, "After three months from filing of any such lien which remains
unpaid, the city attorney shall be automatically authorized by the board or the special
magistrate to foreclose on the lien and the city shall make a determination within 45 days
whether to proceed with foreclosure action"; and
WHEREAS, the Office of the City Attorney works in conjunction with the Administration
to determine, pursuant to Section 2-817(e) of the City Code, which properties, excluding any
Homestead properties by operation of Florida Statutes and the City Code, shall be reviewed for
foreclosure actions; and
WHEREAS, both the Office of the City Attorney and the respective City Departments
take into consideration their previously set criteria for determination which includes, severity of
violation, standing of City recorded lien as compared to a mortgage or other lien holder on the
property, whether permits are active to correct the violation or applications have been filed and
are active to correct a zoning or licensing issue and a cost benefit analysis based upon fees and
costs of filing the lien and considered usage of property if the foreclosure is completed; and
WHEREAS, each property considered for foreclosure has its own distinct features and
attributes which must be considered when determining whether to take legal action and no two
are alike; and
WHEREAS, there are many properties in the City which currently meet the base criteria
of having a recorded Code lien for more than three (3) months; and
WHEREAS, to assist the Office of the City Attorney and the Administration in focusing
their efforts and criteria, the City Commission believes the first reviewed properties should be
those with recorded liens of $50,000.00 or greater, regardless of whether the case is open or
closed, and then using the other criteria in determining whether to move forward with
foreclosure; and
WHEREAS, if a property was issued a $250.00 per diem, it would just over six (6)
months since compliance was required by the Code Enforcement Board and/or since any
requested extension of time had expired without a request for more time for a recorded lien to
reach the amount of $50,000.00; and
City of Miami Page 1 of 2 File ID: 10612 (Revision:) Printed On: 6/2/2025
File ID: 10612 Enactment Number:
WHEREAS, such a monetary threshold will allow the focus for foreclosure to be
narrowed and an ability to proceed with more efficiency which will benefit the City, its residents
and businesses;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges the City Manager to work in concert with
the Office of the City Attorney to determine which code compliance properties that have
outstanding recorded liens of over $50,000.00 shall be considered for foreclosure pursuant to
Section 2-817(e) of the Code of the City of Miami, Florida, as amended.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 9/1/2021
City of Miami Page 2 of 2 File ID: 10612 (Revision:) Printed on: 6/2/2025