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HomeMy WebLinkAboutLegislation-SUBFile Number: 11529 f.. City Hall Ordinance 1405SECEIV `"`D ""PaC1tY can Drive 6vliami, FL 33133 www.miamigov.com City of Miami Legislation 2 MAC` -3 AH I I: 52 it Fs cii S ri Cilia CI t` friaICl cit an'Date: 3/10/2022 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 THE CODE ENFORCEMENT BOARD A GUIDELINE FOR MITIGATION OF CODE ENFORCEMENT LIENS BY HOMESTEAD AND NON - HOMESTEAD PROPERTY OWNERS, INCLUDING TIME LIMITATIONS AND AMOUNT OF MITIGATION ALLOWED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo 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 Iiens, 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 Iiens to remain open for many years after compliance was reached, creating a backlog of files and cases that the City must maintain; 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 by the CEB; and WHEREAS, providing clear language for property owners to understand their duties and obligations when they fail to attend hearings and cause Iiens to be recorded against their properties can only help foster a better living and working environment for all property owners, business owners, and residents of the City; and WHEREAS, Section 2-817(b)(2) of the City Code also provides for enhanced penalties for non-residential and commercial properties and the CEB regularly hears matters related to use and abuse of use of residential properties that are being used for improper commercial City of Miami Page 1 of 5 File ID: 11529 (Revision: C) Printed On: 5/3/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ❑RIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 1152q ficn- Sv8 File ID: 11529 Enactment Number: 14057 purposes and such properties should not receive the same benefit as those being used as legally authorized; and WHEREAS, Homestead property owners will be allowed to mitigate further pursuant to this Section since liens are unenforceable against Homestead properties while the owner has a Homestead exemption pursuant to Chapter 162, Florida Statutes; 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. Section 2. Chapter 2, Article X of the City Code is amended in the follow particulars:1 "CHAPTER 2 o n, ADMINISTRATION r` rn ARTICLE X t� CODE COMPLIANCE: r C./1 �, tv Sec. 2-517. Administrative costs, fines: liens. (a) The board or special magistrate, 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 magistrate, upon notification by the code inspector or city attorney that an order of the board or special magistrate has not been complied with by the set time for compliance, may order the violator(s) to pay a fine as follows: (1) Residential properties. By the board and/or special magistrate for not more than $250.00 per day that continues past the date of the order for compliance by the notice of violation and not more than $500.00 per day for a repeat violator. (2) Non-residential/commercial properties. By the board only for not more than $1,000.00 per day per violation that continues past the date of the order for compliance and not more than $5,000.00 per day per violation for a repeat violator. Non -Residential shall also mean any residential property being used outside the scope of its allowable use pursuant to Ordinance No. 13114 the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"). ' 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. LU 2 m w Q 4 J <0 z 0 4v � tri C CO Q ~ 2 t?z oc uu a City of Miami Page 2 of 5 File ID: 11529 (Revision: C) Printed on: 5/3/2022 File Id: 11529 Enactment Number: 14057 (3) If the violation, whether the property is homestead, non -homestead, or commercial and is a violation of chapter 4 of the City Code, titled "Alcoholic beverages," chapter 17, article I of the City Code, titled "Environmental protection/tree protection in general," chapter 22 of the City Code, titled "Garbage and other solid waste," or chapter 62, article XI II, division 5 of the City Code, titled "Planning and zoning/planning and zoning approval for temporary uses and occupancies; permit required/murals," then the fine issued by the board shall not exceed $1,000,00 per day per violation for a first time offender and not more than $5,000.00 per day per violation for a repeat violator, and up to $15,000.00 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature in accordance with the criteria set forth in subsection (c) below. (c) In determining the amount of the fine, if any, the board or special magistrate 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) 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 however, is hereby authorized& the city 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 to be paid. 100% as reflected in the chart means no mitigation is allowed and the total lien shall be paid): Number of Days Fine Outstanding 1--30 31-60 61-90 Total Fine M itigation (percent) 25 _-4Y 30 r r 35 l C) 0 m� 2 a o co 3 tri tro 0 P— O NA© ❑ ca z W < W coW u ct z o z 1"1 OC W 1 u7 City of Miami Page 3 of 5 File ID: 11529 (Revision: C) Printed on: 503/2022 File ID: 11529 Enactment Number: 14057 Number of Days Fine Outstanding Total Fine Mitigation (percent) 91-120 40 121-150 50 0 -n 151-180 50 r,rrn F, 181-210 70 -! c:+r: -1 r_ 211-240 80 — 241-270 90 E 271 and up 100 ari m 0 'CTs/ I r-n - co • z O z • u QC�3 (3) • z a boaror speciarn l ag� trail for ion prrapyal If the subject fine is reduced and a violator C2 d _ fails to pay said reduced fine within a period of 20 days from the day the a o mitigation is made, then the original fine shall be reinstated. In addition to daily fines, D violators shall pay cost(s) of prosecution, if any, which have been incurred by the city - u z with respect to such violation. m Q O Zcr a 2 � rs wu E Q n (4) Exceptions. The above chart and restrictions shall not apply to matters set for hearing at the time of the adoption of this Subsection, for bankruptcy matters, or matters in which the City is involver) in litigation has a litigation settlement which may be heard by the City Commission—ban-kr-uotsy-sases—fefeslosuce-sasesses-whefe shown. 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. Any matter that was already scheduled for a mitigation hearing at the time of the adoption of this Ordinance on March 10, 2022 shall proceed according to Subsection 2- 817(d) as it was in effect at the time of scheduling of the hearing. City of Miami Page 4 of 5 File ID: 11529 (Revision: C) Printed on: 5/3/2022 File ID: 11529 Enactment Number: 14057 Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof,2 APPROVED AS TO FORM AND CORRECTNESS: ria ry ttor 4/7/2022 dey Floor 5/3/2022 THIS DOCUMENT IS A SUBSTITUTION TO 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. ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 5 of 5 File it]:: 11529 (Revision: C) Printed on: 5/312022 City of Miami Ordinance 14057 Legislation OFFICE. ir E ,�� City Hall 3500 Pan American Drive Miami, FL 33133 www.miarnigov.com File Number: 11529 GiE7'l `�I irilal Action Date: 3/10/2022 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPT 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 AM D AND PROVIDE THE CODE ENFORCEMENT BOARD A GUIDELINE FO MITIGATION OF CODE ENFORCEMENT LIENS BY HOMESTE • AND NON - HOMESTEAD PROPERTY OWNERS, INCLUDING TIME LIMIT IONS AND AMOUNT OF MITIGATION ALLOWED; CONTAINING A SEV`ABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFEC E DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Section 2-817(d) of the Code of the City of ami, Florida, as amended ("City Code"), provides guidance for the Code Enforcement B• rd or Special Magistrate (collectively, "CEB") when a property owner is seeking miti.. ion of a lien for complied violations; and WHEREAS, Section 2-817(d) of the City Cod- also provides the City of Miami ("City") to administratively mitigate liens, by certain percentss, if the lien has been running for less than two hundred seventy-one (271) days; and WHEREAS, on a regular basis, pro• y owners have allowed the outstanding liens to remain open for many years after complice was reached, creating a backlog of files and cases that the City must maintain; and WHEREAS, it is the goal of e City to incentivize properties to come into compliance, assure that fines are timely paid : nd properties are cleared of any outstanding violations; and WHEREAS, diligent • operty owners should receive a benefit for being timely and efficient with correcting vi• - bons; and WHEREAS, it '. the goal of the City to have property owners understand the mitigation process, absolutely now what to expect with regard to mitigation, and not be treated unfairly or arbitrarily by the ' B; and WHE AS, providing clear language for property owners to understand their duties and obligation hen they fail to attend hearings and cause liens to be recorded against their properti; - can only help foster a better living and working environment for all property owners, busin=.s owners, and residents of the City; and WHEREAS, Section 2-817(b)(2) of the City Code also provides for enhanced penalties r non-residential and commercial properties and the CEB regularly hears matters related to use and abuse of use of residential properties that are being used for improper commercial City of Miami Page 1 of 5 File ID: 11529 (Revision: B) Printed On: 5/3/2022 SUBSTITUTED Filen): 11529 Enactment Number: 14057 purposes and such properties should not receive the same benefit as those being used as legally authorized; and WHEREAS, Homestead property owners will be allowed to mitigate further pur . ant to this Section since liens are unenforceable against Homestead properties while the o o er has a Homestead exemption pursuant to Chapter 162, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF T CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to is Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article X of the City Code is amende• n the follow particulars:1 "CHAPTER 2 ADMINISTRATION ARTILC CODE CO + PLIANCE Sec. 2-817. Administrative costs, fines; • ns (a) The board or special magistra been complied with within the ti acknowledgment of compliant (b) The board or special m that an order of the boar compliance, may order cn w upon notification by the code inspector that an acder has specified in the order, shall accept such notification as nd no fines shall be imposed. istrate, upon notification by the code inspector or city attorney r special magistrate has not been complied with by the set time for e violator(s) to pay a fine as follows: (1) Resi' -ntial properties. By the board and/or special magistrate for not more than $2 s.00 per day that continues past the date of the order for compliance by the tice of violation and not more than $500.00 per day for a repeat violator. (2 Non-residential/commercial properties. By the board only for not more than $1,000.00 per day per violation that continues past the date of the order for compliance and not more than $5,000.00 per day per violation for a repeat violator. Non -Residential shall also mean any residential property being used outside the scope of its allowable use pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"). 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. SUBSTITUTED City of Miami Page 2 of 5 File ID: 11529 (Revision: 8) Printed on: 5/3/2022 Fife ID: 11529 Enactment Number: 14057 (3) If the violation, whether the property is homestead, non -homestead, or commercial and is a violation of chapter 4 of the City Code, titled "Alco olic beverages," chapter 17, article I of the City Code, titled "Environmen protection/tree protection in general," chapter 22 of the City Code, ed "Garbage and other solid waste," or chapter 62, article XIII, divisi. 5 of the City Code, titled "Planning and zoning/planning and zoning appr.val for temporary uses and occupancies; permit required/murals," th the fine issued by the board shall not exceed $1,000.00 per day per violatio ► fora first time offender and not more than $5,000.00 per day per violatio or a repeat violator, and up to $15,000.00 per violation if the code enforceme board or special magistrate finds the violation to be irreparable or irrever.ible in nature in accordance with the criteria set forth in subsection (c) •elow. (c) In determining the amount of the fine, if any, the board or spe al magistrate shall consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct t violation; and (3) Any previous violations committed by the iolator. (d) Mitigation of Outstanding Fine/Lien by C e Enforcement Board or Special Magistrate: (1) Mitigation of Fine for Homestead • operties: An enforcement board or special agistrate may reduce an outstanding fine of a Homestead property based on t - criteria above once a violator has complied with the order, after the City has collec •d its costs as determined by the City Manager or designee, and for good caus- shown. (2) Mitigation of Fine for non -Ho ► estead properties: The board or special magistrate is hereby authorized& the city tmitigate fines with non -homestead violators, provided that the total amount of the daily fine posed by the enforcement board or special magistrate may only be reduced to the perc ntage stated in the schedule below (the percentage on the chart below refers to percenta• - of the lien to be paid. 100% as reflected in the chart means no mitigation is allowed an he total lien shall be paid): Number of Total Fine Days Fine Mitigation Outstanding (percent) 172 SU BSTITUTED City of Miami Page 3 of 5 File 1a: 11529 (Revision: B) Printed on: 5/3/2022 Fife ID: 11529 Enactment Number: 14057 Number of Days Fine Outstanding Total Fine Mitigation (percent) 91-120 40 121-150 50 151-180 60 Q 181-210 70 `c or a 211-240 80 ' © 241-270 90 T. 271 and up 100 • rn rcit c� If the subject fine is reduced and a violator fails to pay said reduced fine within a •eriod of 20 days from the day the offer to settle is mitigation is made, then the arigi► - I fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of pros ution, if any, which have been incurred by the city with respect to such violation. (4) Exceptions. The above ► art and restrictions shall not apply to matters set for hearing at the time of the aoption of this Subsection, for bankruptcy matters, or matters in which the City - - = • has a litigation settlement which may be heard by the City Co mission bankruptcy e , foroclor, ••here within one 1) y of ownership or probated properties. The Code Enforcement Board shown. len Se on 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinanc is declared invalid, the remaining provisions of this Ordinance shall not be affected. ection 4. Any matter that was already scheduled for a mitigation hearing at the time oft adoption of this Ordinance on March 10, 2022 shall proceed according to Subsection 2- 81 d) as it was in effect at the time of scheduling of the hearing. SUBSTITUTED City of Miami Page 4 of 5 File ID: 11529 (Revision: B) Printed on: 5/3/2022 File ID: 11529 Enactment Number: 14057 Section 5. This Ordinance shall become effective immediately after final readi adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: and This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (14) 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. SUBSTITUTED City of Miami Page 5 of 5 File ID: 11529 (Revision: B) Printed on: 5/3/2022