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File ID: #11794
Ordinance
First Reading
Sponsored by: Francis Suarez, Mayor
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, 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 DIRECT MITIGATION
BEFORE THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 11794 (Revision:) Printed On: 6/10/2025
City of Miami
Legislation
Ordinance
File Number: 11794
Final Action Date: 4/14/2022
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, 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 DIRECT MITIGATION
BEFORE THE CITY COMMISSION; 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 mitigation guidance for the Code Enforcement Board, Special Magistrate
(collectively, "CEB") and more recently to the City Commission as passed on March 10, 2022,
under File Number 11529 for certain, specified reasons; and
WHEREAS, Section 2-817(d) of the City Code as passed under File Number 11529 on
March 10, 2022, provides that non Homestead exempt properties with a lien running more than
271 days may only request mitigation upon compliance if the property was subject to a
bankruptcy action or part of the litigation settlement; and
WHEREAS, property owners who, for whatever reason, claim lack of notice of violation
or own probated estates where Homestead exemptions was lost or for owner's whose purchase
of property that had liens running for longer than 271 days, a lack of mitigation opportunities can
create a dire financial situation; and
WHEREAS, a ban on mitigation options except of very specific situations for complied
violations with liens running over 271 days could create a lack of improvements in nuisance
properties among other issues; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City residents and for the preservation of health, safety, welfare, or
property of the public;
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
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 File ID: 11794 (Revision:) Printed On: 6/10/2025
ADMINISTRATION
ARTILCE 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").
(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 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 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
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) 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 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 violations eligible
for mitigation where a property owner wishes to seek a mitigation hearing before the
City Commission and for which the owner has received sponsorship for such hearing
by a member of the City Commission, Mayor or Administration, matters set for hearing
City of Miami
File ID: 11794 (Revision:) Printed On: 6/10/2025
at the time of the adoption of this Subsection, for bankruptcy matters, or matters in
which the City has a litigate ion settlement which may be heard by the City
Commission.
* *„
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 Emergency Ordinance shall become effective immediately after final
reading and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
•nde` z, City Httor ey 4/5/2022
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: 11794 (Revision:) Printed On: 6/10/2025