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Home My WebLink AboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14123 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12809 Final Action Date: 11/17/2022 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 FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amended ("City Code"), was amended to streamline mitigations before both the Code Enforcement Board or Special Magistrate (collectively, "CEB") on March 10, 2022 under Ordinance 14057; and WHEREAS, the amended Section does not take into consideration that much like homeowners, 501(c)(3) and eleemosynary organization have faced certain difficulties; and WHEREAS, 501(c)(3) and eleemosynary organizations hold a special status under the law due to their required charitable qualifications or existence being dependent on charity; 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, this amendment is in the best interests of the community; mm� NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CO MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance at: 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; "CHAPTER 2 ADMINISTRATION ARTICLE X 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 1 of 3 File ID: 12809 (Revision: C) Printed On: 1/5/2023 12809 Legislation SUB File ID: 12809 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14123 CODE COMPLIANCE Sec. 2-817. Administrative costs, fines; liens. * * * (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. One hundred percent 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 f-, 151-180 60 181-210 70 a ` 211-240 80 , 241-270 90 271 and up 100 City of Miami Page 2 of 3 File ID: 12809 (Revision: C) Printed on: 1/5/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12809 Enactment Number: 14123 (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 toi a. mMatters set for hearing at the time of the adoption of this subsection;i b. for bBankruptcy matters, or matters in which the city has a litigation settlement which may be heard by the city commission..-; c. 501(c)(3) and eleemosynary organizations and Single-family and duplex residential properties and vacant land, where the immediate, previous use was as single family or duplex structure shall be allowed to obtain mitigation in the same manner as properties which have Homestead Exemption under Subsection (d)(1). Eleemosynary is defined as a private corporation created for charitable and benevolent purposes. 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 immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 11/29/2022 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 Page 3 of 3 File ID: 12809 (Revision: C) Printed on: 1/5/2023 SUBSTITUTED City of Miami Ordinance 14123 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 12809 Final Action Date: AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING C 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MI FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," T PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEE ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIE CODE ENFORCEMENT BOARD; CONTAINING A SEVE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE D SPONSOR(S): Commissioner Christine King WHEREAS, Section 2-817(d) of the Code of the City o ("City Code"), was amended to streamline mitigations befor or Special Magistrate (collectively, "CEB") on March 10, 2 E. 11/ /2022 PTER AMEND AND SYNARY BEFORE THE BILITY CLAUSE; iami, Florida, as amended oth the Code Enforcement Board 2 under Ordinance 14057; and WHEREAS, the amended Section does not to into consideration that much like homeowners, 501(c)(3) and eleemosynary organiza ".n have faced certain difficulties; and WHEREAS, 501(c)(3) and eleemosyna •rganizations hold a special status under the law due to their required charitable qualificatio- s or existence being dependent on charity; and WHEREAS, it is the goal of the Cit to incentivize properties to come into compliance, assure that fines are timely paid, and prerties are cleared of any outstanding violations; and WHEREAS, this amendmen s in the best interests of the community; NOW, THEREFORE, B ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The rec als and findings contained in the Preamble to this Ordinance are adopted and incorporate as if fully set forth in this Section. Section 2. C'apter 2, Article X of the City Code is amended in the follow particulars:;. "CHAPTER 2 ADMINISTRATION ARTILCE X m.„ rrr r.0 42..3 ords/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 1 of 3 File ID: 12809 (Revision: B) Printed On: 1/5/2023 SUBSTITUTED File ID: 12809 Enactment Number: 14123 CODE COMPLIANCE Sec. 2-817. Administrative costs, fines; liens. (d) Mitigation of outstanding fine/lien by code enforcement board or special m 'strate. (1) Mitigation of fine for homestead properties. An enforcement board ❑r s• -vial magistrate may reduce an outstanding fine of a homestead property based on the c eria above once a violator has complied with the order, after the city has collected its cos - as determined by the city manager or designee, and for good cause shown. (2) Mitigation ❑f fine for non -homestead properties. The board o pecial magistrate is hereby authorized to mitigate fines with non -homestead violators, pro ded that the total amount of the daily fine imposed by the enforcement board or special ►agistrate 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. One hundred percent - 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—s0 35 9 —120 40 121-150 50 151-180 60 181-210 70 211-240 80 241-270 90 271 and up 100 City of Miami Page 2 of 3 File ID: 12809 (Revision: B) Printed on: 1/5/2023 SUBSTITUTED File ID: 12809 Enactment Number: 14123 (3) If the subject fine is reduced and a violator fails to pay said reduced fine within a period o 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 toi a. WIMatters set for hearing at the time of the adoption of this subs- tion;i b. for bBankruptcy matters, or matters in which the city has a li gation settlement which may be heard by the city commission,,-; c. 501(c)(3) and eleemosynary organizations and Single-f mily and duplex residential properties and vacant land, where the im-diate, previous use was as single family or duplex structure shall be alloweo obtain mitigation in the same manner as properties which have Homeste d Exemption under Subsection (d)(1). Eleemosynary is defined as a private cor.oration created for charitable and benevolent purposes. Section 3. If any section, part of a se on, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaininprovisions of this Ordinance shall not be affected. Section 4. This Ordinance shall .ecome effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND • RRECTNESS: dez, ity 2 is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from e 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. 0 a /29/2022 i . ria z, icy ttor ey ' 1 /4f2023 iti City of Miami Page 3 of 3 File ID: 12809 (Revision: B) Printed on: 1/5/2023 F.�CI• * • - ! ,, I .0 •P) g �. File Number: 12809 City of Miami Legislation Ordinance SUBSTITUTED Final Actio ■ ate: AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTE 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, F SRIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENTIADMI STRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLO `{ANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MIT ATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CO +TAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIA EFFECTIVE DATE. WHEREAS, Section 2-817(d) of the Code of the City of Miai, Florida, as amended ("City Code"), was amended to streamline mitigations before bot he Code Enforcement Board or Special Magistrate (collectively, "CEB") on March 10, 2022 der Ordinance 14057; and WHEREAS, the amended Section does not take int consideration that much like homeowners, 501(c)(3) and eleemosynary organization :ve faced certain difficulties; and WHEREAS, 501(c)(3) and eleemosynary orgizations hold a special status under the law due to their required charitable qualifications or xistence being dependent on charity; and WHEREAS, it is the goal of the City to i r centivize properties to come into compliance, assure that fines are timely paid, and prope -s are cleared of any outstanding violations; and WHEREAS, this amendment is in e best interests of the community; NOW, THEREFORE, BE IT S'DAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals . nd findings contained in the Preamble to this Ordinance are adopted and incorporated as fully set forth in this Section. Section 2. Chapt r 2, Article X of the City Code is amended in the follow particulars:1 "CHAPTER 2 ADMINISTRATION -T ARTILCE X CODE COMPLIANCE Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The j-ernaining provisions are now in effect arid remain unchanged. Asterisks indicate omitted and unchanged_tua.terial. City of Miami File 1D: 12809 (Revision: A) Printed On: 111812022 SUBSTITUTED Sec. 2-817. Administrative costs, fines; liens. * (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 m may reduce an outstanding fine of a homestead property based on the criteria ab violator has complied with the order, after the city has collected its costs as det city manager or designee, and for good cause shown. istrate e once a mined by the (2) Mitigation of fine for non -homestead properties. The board or special r agistrate is hereby authorized to mitigate fines with non -homestead violators, provided tha he total amount of the daily fine imposed by the enforcement board or special magistrat: may only be reduced to the percentage stated in the schedule below (the percentage on th- chart below refers to percentage of the lien to be paid. One hundred percent as reflect:: 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 �•i 1,-.N:1. 61-90 35 (..-.1 91-120 40 _ Rya 121— .0 50 �m i °♦u°7.1 15 —180 60 181-210 70 211-240 80 241-270 90 271 and up 100 ( If the subject fine is reduced and a violator fails to pay said reduced fine within a period of 0 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. City of Miami File ID: 12809 (Revision: A) Printed On: 11/8/2022 SUBSTITUTED (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 has a litigation settlement which may be heard by the city commission. 501(c)(3) and eleemosynary organizations shall be allowed to obtain mitigation in the same manner as properties which have Homestead Exemption under Subsection (d)(1). Eleemosynary is defined as a private corporation created for charitable and benevolent purposes. Section 3. If any section, part of a section, paragraph, clause, phra , or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance - all not be affected. Section 4. This Ordinance shall become effective immediate) after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 10/18/20226;ria--'dez, iy 6/2022 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 unon the effective date stated herein. whichever is later. City of Miami File ID: 12809 (Revision: A) Printed On: 11/8/2022 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co File Number: 12809 Final Actio Date: AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE ' ITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATIO/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," • AMEND AND PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATI V Ns OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; •NTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN I MEDIATE EFFECTIVE DATE. WHEREAS, Section 2-817(d) of the Code of the City o ("City Code"), was amended to streamline mitigations befor or Special Magistrate (collectively, "CEB") on March 10, 2 iami, Florida, as amended oth the Code Enforcement Board 2 under Ordinance 14057; and WHEREAS, the amended Section does not to into consideration that much like homeowners, 501(c)(3) and eleemosynary organiza '•n have faced certain difficulties; and WHEREAS, 501(c)(3) and eleemosynary .rganizations hold a special status under the law due to their required charitable qualifications or existence being dependent on charity; and WHEREAS, it is the goal of the Cit to incentivize properties to come into compliance, assure that fines are timely paid, and pr•.erties are cleared of any outstanding violations; and WHEREAS, this amendmen s in the best interests of the community; NOW, THEREFORE, B ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The re als and findings contained in the Preamble to this Ordinance are adopted and incorporat- • as if fully set forth in this Section. Section 2. Capter 2, Article X of the City Code is amended in the follow particulars., "CHAPTER 2 ADMINISTRATION ARTILCE X rcva CODE COMPLIANCE 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: 12809 (Revision:) Printed On: 10/18/2022 SUBSTITUTED Sec. 2-817. Administrative costs, fines; liens. (d) Mitigation of outstanding fine/lien by code enforcement board or special magistr. e. (1) Mitigation of fine for homestead properties. An enforcement board or specia agistrate may reduce an outstanding fine of a homestead property based on the criteriabove 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. Exem tion: 501 c 3 and eleemos nar or•anizations shall be allowed to obtain miti•ation in the ame manner as properties which have Homestead Exemption. (2) Mitigation of fine for non -homestead properties. The board or - •ecial magistrate is hereby authorized to mitigate fines with non -homestead violators, proved 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 percenta• on the chart below refers to percentage of the lien to be paid. One hundred percent a 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 . 61-9a 35~° 4, 9 120 40,. 121-150 50 �. <: �° 151-180 60 181-210 70 211-240 80 241-270 90 271 and up 100 City of Miami File ID: 12809 (Revision:) Printed On: 10/18/2022 SUBSTITUTED (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 matters set for hearin• at the time of the adoption of this subsection, for bankruptcy matters, or matters in which e city has a litigation settlement which may be heard by the city commission. Section 3. If any section, part of a section, paragraph, clause, phras• , or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance all not be affected. Section 4. This Ordinance shall become effective immediately .fter final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: COCD 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: 12809 (Revision:) Printed On: 10/18/2022