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Ordinance 90-2707 ORDINANCE NO. 90-2707 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 17B- 18 OF THE MIAMI BEACH CITY CODE, SAID SECTION ENTITLED ',PENALTY FOR VIOLATION OF CHAPTER; REMEDIAL ENFORCEMENT PROCEDURES,' PROVIDING THAT EXISTING LIENS OR LIENS IMPOSED HEREAFTER FOR UNPAID PROPERTY MAINTENANCE CHARGES SHALL BE TREATED WITH THE SAME CHARACTER AND DIGNITY AS SPECIAL ASSESSMENT LIENS, WITH CHARGES ASSESSED FOR DELINQUENT CHARGES AT THE MAXIMUM RATE OF INTEREST ALLOWABLE BY LAW; PROVIDING THAT SUCH LIENS SHALL BE FORECLOSED UNDER GENERAL PROVISIONS OF LAW APPLICABLE TO FORECLOSURE OF MORTGAGES, OR PURSUANT TO THE PROVISIONS OF CHAPTER 173, FLORIDA STATUTES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 17B-18 'of the Miami Beach City Code, said section entitled "Penalty for violation of chapter; remedial enforcement procedures" is hereby amended to read as follows: SECTION 17B-18. PENALTY FOR VIOLATION OF CHAPTER; REMEDIAL ENFORCEMENT PROCEDURES. It shall be unlawful for any person to fail to comply with the minimum standards established by this chapter, or to fail or refuse to comply with the requirements of any final order issued in accordance with the provisions of this chapter. If any person shall knowingly fail or refuse to obey or comply with, or willfully violates any of the provisions of this chapter, or any lawful final order issued hereunder, such person shall be subject to enforcement procedures before the Miami Beach Code Enforcement Board and to penalties as set forth in Miami Beach City Code Enforcement Board and to penalties as set forth in Miami Beach City Code Chapter 9B. As a cumulative and supplemental method of enforcing the remedial purposes of this chapter, the code inspector is authorized, empowered and directed, in the event of a willful and intentional failure or refusal to obey or comply with the requirements of any final order issued in accordance with the provisions of this chapter ten days after date of receipt of such notice, to carry out or cause to be carried out the provisions of such final order. Bids may be requested for the work and material as a whole or for any part thereof, separately. The code inspector shall have the right to reject any or all bids, 1 and if all bids are rejected, the code inspector may readvertise for all or part of such work and materials, or may determine to do all or a part of the work by city forces. After a contract shall have been entered into for any work or materials required for compliance, or if the work materials are performed or furnished by city forces, the code inspector shall prepare an appropriate claim of lien which shall set forth the following: A description of the lots and parcels of land involved, the name of the owner of each lot or parcel where such can be ascertained from the city records and the total cost of the work and materials which, if made by contract, shall be the price named therein, or the price computed from unit prices, named therein, taking into consideration minor changes and alterations found necessary, but if city forces shall do the work or furnish the material, the actual cost of such work or material , and in all cases the amount of incidental expenses, estimated or actual . Such claim of existing lien or lien imposed hereafter shall thereupon be filed of record in the public records of the county and shall be of a dignity equal to liens filed for ad valorem .1 - o4 0411 - payment thereof in the same manner as other claims of ' - - - - - - . - discharged and state-statutes-.-- treated as of the same dignity as liens acquired by virtue of the city Charter whereby an interest rate of ten percent shall accrue to such delinquent account-s special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the real property involved; the maximum rate of interest allowable by law shall accrue to such delinquent accounts. Such liens shall be enforced by any of the methods provided in chapter 86 , Florida Statutes, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading, and procedure for the foreclosure of mortgages on real estate set forth in Florida Statutes, or may be foreclosed per Chapter 173 , Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The 2 owner and/or operator shall pay all costs of collection, including reasonable attorney fees, incurred in the collection of fees, service charges, penalties and liens imposed by virtue of this chapter. SECTION 2 . REPEALER That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 3 . SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE : That this ordinance shall take effect ten (10) days after its adoption, on September 15 , 1990. PASSED AND ADOPTED this 5th day of September, 1990. ,YOR ATTEST: je CITY CLERK 1st reading 7/25/90 2nd reading 9/5/90 YG/yc FORM APPROVED LEG L DL PT By Date _ 3 0 �t. OFFICE OF THE CITY ATTORNEY Sygtrani Wald 740 F L O R I D A 4474 \PM1 8Eq". IIt�A �I/11 ��Mccor`pcart?y LAURENCE FEIN GOLD ,�y,, P O BOX O CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM TO: ALEX DAOUD, MAYOR AND CITY OF MIAMI BEACH, MEMBERS OF THE COMMISSION FROM: LAURENCE FEINGOLDrz. CITY ATTORNEY DATE: July 25, 1990 SUBJECT: AMENDING CODE SECTIONS 14A-12 . 3 , 17B-18, 25-93- AUTHORIZING THE IMPOSITION OF MUNICIPAL LIENS. The attached ordinances amending Miami Beach city code sections 14A-12 . 3 , 17B-18 , and 25-93 providing for the imposition of liens on the real property, are to be amended so that the liens can be treated as special assessments, thereby taking priority in foreclosures over all other liens (while being in parity with ad valorem taxes) in order to secure greater income for the City of Miami Beach; said code sections are also being amended to allow the liens to be foreclosed under general foreclosure of mortgages provisions or pursuant to Fla.Stat. Chapter 173 dealing with "Foreclosure of Municipal Liens" . The subject legislation is in proper form and thus ready for Commission review. LF/yc 38 AGENDA ITEM _ DATE 1 700 CONVENTION CENTER DRIVE -- FOURTH FLOOR -- MIAMI BEACH. 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