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Ordinance 79-2151x ORDINANCE NO. 79-2151 AN ORDINANCE AMENDING CHAPTER 17B OF THE CODE OF THE CITY OF MIAMI BEACH BEING THE MINIMUM HOUSING STANDARDS ORDINANCE OF THE CITY OF MIAMI BEACH, BY AMENDING SECTION 17B-13 THEREOF SO AS TO SPECIFY THE TIME WITHIN WHICH THE CODE ENFORCE- MENT OFFICER SHALL RECORD NOTICES OF VIOLATION, AND ALSO AMENDING SECTION 17B-16 THEREOF SO AS TO PROVIDE FOR THE RECORDING IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ANY ORDER OF THE MINIMUM HOUSING APPEALS BOARD AFFIRMING OR MODIFYING ANY ACTION OR DECISION OF THE CODE ENFORCEMENT OFFICER, AND PROVIDING FOR THE ASSESS- MENT OF THE COST OF THE RECORDING AND SATISFACTION THEREOF BY THE LEGAL OR BENEFICIAL OWNER OF THE PREMISES INVOLVED. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That that portion of Section 17B-13 of the Code of the City of Miami Beach reading as follows: "The code enforcement officer is hereby empowered and directed to record a copy of all notices of violation in the public records of the county. The cost or fee for the record- ing of such notice of violation and of record- ing the certificate of compliance with such notice, shall be chargeable to the owner of the premises involved, or the person responsible for such violation." be and the same is hereby amended to read as follows: "If the violations have not been corrected within the time specified in the notice, and no appeal has been taken from the notice of violation, and after due notice given to the property owner , the code enforcement officer is hereby empowered and directed to record a copy of all notices of violation in the public records of the county. The cost or fee for the recording of such notice of violation and of recording the certificate of compliance with such notice, shall be chargeable to the owner of the premises involved, or the person respon- sible for such violation. A certificate of compliance shall be executed by the Code Enforce- ment Officer upon request of the legal or bene- Ticial owner of the premises when the violations have been corrected, as determined by the Code Enforcement Officer, and the costs of recording the original notice of violation shall have been paid. In the event the Code Enforcement Officer shall refuse to execute a certificate of compli- ance when requested because he has determined that the violations have not been corrected, such determination may be appealed to the Minimum Housing and Commercial Property Appeals Board in the same manner as provided for appeal of an ori- ginal order." OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 SECTION 2: That Section 17B-16 of the Code of the City of Miami Beach be and the same is hereby amended by adding the following provision at the end thereof: "Orders of the Board affirming or modifying any action or decision of the Code Enforcement Officer shall be recorded in the Office of the Clerk of the Circuit Court, so as to afford constructive notice to prospective purchasers of the real propery involved, of the nature and extent of the violation involved, and the requirements for the correction thereof. Such recording shall be made following the expiration of the time given to the appellant for the correction of the violations specified, or any extension thereof granted by the Board. The costs of the recording of the Order and Satis- faction thereof shall be borne by the legal or beneficial owner of the premises involved." SECTION 3: All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. SECTION 4: This ordinance shall go into effect ten days after its passage. PASSED and ADOPTED this 21st day of February , 1979. Attest: 4.4/7Mt.4.- City Clerk Vice Mayor 1st reading - February 7, 1979 2nd and final reading as amended - February 21, 1979 -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Q) • O ?-i O 4 +J 4) O rI �n U 0 0.1 0 r O O •r -I H 2 r1� 0 LI -1 04 co 0 Or N O • O O 4J4 4--I 9qO o 0 o ° c � 0-10 U) 4-1 rd