Ordinance 91-2729 Ordinance No. 91-2729
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SECTION 8-1 OF THE MIAMI BEACH
CITY CODE, SAID SECTION ENTITLED "ADOPTION OF THE SOUTH
FLORIDA BUILDING CODE" BY PROVIDING THAT EXISTING LIENS
OR LIENS IMPOSED HEREAFTER PURSUANT TO THE SOUTH FLORIDA
BUILDING CODE SHALL BE TREATED WITH THE SAME CHARACTER
AND DIGNITY AS SPECIAL ASSESSMENT LIENS BEING 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, PROVIDING FOR 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
COLLECTION OF COSTS AND ATTORNEY'S FEES; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; 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 8-1 of the Miami Beach City Code, said Section
entitled "Adoption of South Florida Building Code" is hereby
amended to read as follows:
SECTION 8-1 "ADOPTION OF SOUTH FLORIDA BUILDING CODE;
SPECIAL ASSESSMENT LIENS; PENALTY FOR
DELINQUENCY AND PAYMENT OF FEES; ENFORCEMENT
PROCEDURES; PAYMENT OF COLLECTION COSTS AND
ATTORNEY'S FEES.
Pursuant to the provisions of Dade County Ordinance No. 57-22 ,
the South Florida Building Code is hereby adopted as the
Building Code of the City. All liens imposed under authority
of the South Florida Building Code (either existing or imposed
hereafter) shall be imposed as special assessment liens
against the subject real property, and shall remain liens
equal in rank and dignity with the lien of ad valorem taxes
and shG;ll be superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real
property involved. Liens imposed under the South Florida
Building Code shall bear the maximum rate of interest
allowable by law. South Florida Building Code liens shall be
enforced by any of the methods provided in Chapter 86, Florida
Statutes, or in the alternative, foreclosure proceedings may
1
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 Statues, or the
collection and enforcement of payment thereof may be
accomplished by any other method authorized by law. All costs
of lien collection, including reasonable attorney' s fees
incurred in the collection of unpaid liens and penalties shall
be paid by the owner or occupant of the premises or by the
person who caused or maintained the sublect violation.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3 . SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on February 2 1991.
PASSED and ADOPTED this 23rd day of January
1991.
VICE-MAYOR
Attest:
CITY CLERK
1st reading 1/9/91
2nd reading 1/23/91
AM APPROVED
LEGAL DE ' 1 .
3y1.��
ate l2" z° 'q°
2
•
OFFICE OF THE CITY ATTORNEY
40licomme eziecoi
F L O R i D A
*i1MC0°nRAM P.O. BOX O
LAURENCE FEINGOLD :y i�,=
CITY ATTORNEY ' '��'�">- MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 12-- 11
DATE: JAN. 10, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob W. Parkin:
FROM: Laurence Feingold - '�
City Attorney /=
SUBJECT: AMENDMENT TO MIAMI •BEACH CITY CODE SECTION 8-1 ENTITLED
""ADOPTION OF SOUTH FLORIDA BUILDING CODE" PROVIDING THAT
ALL LIENS IMPOSED UNDER THE SOUTH FLORIDA BUILDING CODE
SHALL BE SUPERIOR TO ALL OTHER COMPETING INTERESTS IN
PROPERTY EXCEPT AD VALOREM TAXES.
In Section 8-1 of the Miami Beach City Code, the South Florida
Building Code was adopted by the City as its State Minimum Building
Code. Pursuant to Section 202. 11 of the South Florida Building
Code, the entire costs incurred pursuant to work performed by the
City of Miami Beach in conforming properties to building standards
set forth within the South Florida Building Code shall be paid by
the owner or occupant of the premises or by the person who caused
or maintained the violation. Since work performed by the City of
Miami Beach conforming properties to building standards of the
South Florida Building Code confers a direct benefit to the owners,
occupants or lienholders of the subject premises resulting in the
preservation of the subject property and the prevention of waste or
destruction thereof, liens arising thereunder should have priority
over other property interests. However, except with respect to
demolition liens (which liens are prior in dignity to all liens,
excepting County tax liens and liens of equal dignity with County
tax liens) , liens imposed under the South Florida Building Codes
have priority over other liens only if executed and recorded prior
to the existence of said liens.
Since the City of Miami Beach acts as a receiver, in safeguarding
property via its emergency powers authority taken under the South
Florida Building Code, the City is likewise entitled to the same
priority for recoupment of expenses incurred as are receivership
costs, which costs have priority over other liens. In light of the 37
local conditions of the City of Miami Beach which have necessitated
AGENDA _ f
1 ITEM
DATE I -23--P I
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEAL.n, r-LUHIUA 33139
a great number of liens under the South Florida Building Code to be
imposed, and the corresponding inability of the City to collect on
said liens in mortgage and lien foreclosure actions, there is a
present need to strengthen the provisions of the South Florida
Building Code concerning the issue of its lien priority. Pursuant
to Florida Statute Section 553 . 73 entitled "State Minimum Building
Codes" , the City of Miami Beach may provide for more stringent
requirements than those contained within the South Florida Building
Code provided that a public hearing is held to consider the reasons
for strengthening the provisions of said Building Code, as adopted
by the City of Miami Beach, which determination must be based upon
a review of local conditions by the local governing body, and must
demonstrate that local conditions justify more stringent
requirements than those specified in the South Florida Building
Code for the protection of life and property and further provided
that such additional requirements are not discriminatory against
materials, products, or construction techniques of demonstrated
capabilities.
Having held the required public hearing, and having justified the
need to strengthen the lien provisions of the South Florida
Building Code by ensuring that all liens imposed thereunder shall
have priority over all other competing interests in properties
except ad valorem taxation, the attached proposed Ordinance amends
Miami Beach City Code Section 8-1 entitled "Adoption of South
Florida Building Code" in such manner. The subject Amendment
further provides for the maximum rate of interest on the subject
liens as allowable by law, and provides 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, as well as providing for collection of costs
and attorney' s fees.
LF/JKO/jcl
Res/Ord: Sect. 8-1.CMR
2 8
•
0 0
•r1 b Cl) -.0 r0 I o '-, •r°1
N ca "0 . }-1a a1 0 4-)� U) a) ca 0 � D, O r-I a) P (1)
w
I Pq <4 = •r1 C/) cd 0 ,.. -1 U) 4-1 4-1 Cd 4-1 '-1
•-1 _ v r-1 a) ›,r-1 0 A 0 a) a) 0 ao P. 0
rn •r1
E -0 0 s-1 .0 •� > $4 0 M b0D A co _ u
• ca i aj U O4-1 0 u 6.0•r1 R1 r-1 0 O U 0
Z co0 a at •-I a) 00 cid •H LH 4°a •
+
Z W a) u •)-1a) r 4
-1 -1 ,4 r, 0 0 r--1 car
.--1 0 ° b0 Cl)
H C) -0 0 'd •r1 a..' r-1 d O O Ca ?a cd > U) 0 a)
OC 0 )-1 O v
f�-1 0 O ra b0A CO cn) >+ a) 0. b CO .� P. c •u) •�
Q 'H •1-I P a) a) •r1
g=4 ^4 A..1 0 4-) P '0 a..1 )--4U1 3-+ ',I > aa) 0 ,---1 > N
o cO a) b •r 0'0 a .0 a) ,0 co o 0 u aa)) a) �° �'' )4
P 0 a) aa) b0 03 a) o •1 G ul) a) o P a) �
o 'd r--1 i.) P .0 F. ,--1 cd •r1 4-1 OD 4--1 a) a) t.)
cdPL. i `) a 0
RI4-1 cd 0 cd b o ,-1 ›, 0 P O -) 4-.)
C.)
CO 4 a) ,-1 0 a 0 cd +.' a) x a) .0 4-) b
Cr) ., 0 a) COCOP 0 0 a) 0 P a) 4 u 00
a) 0 on.0 as ctl 'd +..1 ad 0. P Cu) 0 r-1 cn
OD-d cn 0 a)
P o •rv 1 cd .o r-1 ccdd ›, w E v 0
0 0 4-1
•1-1 v al -d a) •d .0 cd .0 a) P. P b a) u cd b u)
-e •1-1 U) •r1 •r1 W •r 4 1 r
0 D,u > 0 >~ ..0 u .W ,-
a) P 1 •- �I 0 •r1 P r1 0
a) +-1 o P. O a..1 a) k 4a0r-1 cd 5C o• O rO o., cn o u
1 O fft•r91 r 3 � 4C-ii 'g - a.+ 2 Pu c‘;`' LI,' co
a