HomeMy WebLinkAboutO-14057City of Miami
Ordinance 14057
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11529 Final Action 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 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, 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 liens 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: 6/9/2025
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
ADMINISTRATION
ARTICLE X
CODE COMPLIANCE
Sec. 2-817. 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").
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 5 File ID: 11529 (Revision: C) Printed on: 6/9/2025
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 XIII, 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 authorizeds 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 Total Fine
Days Fine Mitigation
Outstanding (percent)
1-30
25
31-60
30
61-90
35
City of Miami
Page 3 of 5 File ID: 11529 (Revision: C) Printed on: 6/9/2025
File ID: 11529
Enactment Number: 14057
Number of
Days Fine
Outstanding
Total Fine
Mitigation
(percent)
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 20 days from the day the offer to settle
+s 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 matters set for
hearing at the time of the adoption of this Subsection, for bankruptcy matters, or
matters in which the City is involved ire litigation has a litigation settlement which may
be heard by the City Commission, bankruptcy cases foreclos ire cases cases where
property value with the Miami Dade County Property Appraiser is le-c than the amount
of the lien wherein maximum mitigation shall be value of the property, subordination
matters where loans are sought by property owners as long as compliance occurs
within one (1) year of ownership or probated properties. The Code Enforcement Board
shall determine mitigation amounts in such cases based upon the facts and
circumstances presented by the parties to the matter and grant same for good cause
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: 6/9/2025
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:
z 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 5 of 5 File ID: 11529 (Revision: C) Printed on: 6/9/2025