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RESOLUTION 90-20053 RESOLUTION NO. 90-20053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO AMEND THE SOUTH FLORIDA BUILDING CODE TO PROVIDE THAT LIENS ACQUIRED BY GOVERNMENTAL AUTHORITIES PURSUANT TO THE CODE SHALL BE TREATED AS SPECIAL ASSESSMENT LIENS, EQUAL IN RANK AND DIGNITY TO ALL OTHER LIENS AND ENCUMBRANCES, TITLES AND CLAIMS IN, TO OR AGAINST REAL PROPERTY. WHEREAS, Section 202 . 5 (b) of the South Florida Building Code (S.F. B.C. ) provides that monies expended by governmental authorities in performance of emergency work to secure an unsafe property may be recorded and shall constitute a lien upon the subject property; and WHEREAS, Section 202 . 11 (c) S.F.B.C. provides that such expenses may be recoverable by the governmental authority either as a lien or special assessment; and WHEREAS, Section 202 . 11 (d) , S.F.B.C. also states that such liens or special assessments, other than demolition liens are inferior to prior recorded mortgages; and WHEREAS, due to the lack of priority of such liens many are extinguished pursuant to mortgage foreclosure proceedings without receipt of payment by the governmental authorities which have expended money to secure the properties; and WHEREAS, this problem can be alleviated by an amendment to the South Florida Building Code providing that all liens acquired by governmental authorities pursuant to the South Florida Building Code shall be treated as special assessment liens, equal in rank and dignity to all other liens and encumbrances, (including mortgages) titles and claims in, to or against real property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the City Commission urges the Board of County Commissioners of Metropolitan Dade County to amend the South Florida Building Code to provide that all liens acquired by governmental authorities pursuant to the Code shall be treated as special assessment liens, equal in rank and dignity to 1 all other liens and encumbrances, (including mortgages) titles and claims in, to or against real property. PASSED and ADOPTED this 25th day of July , 1990. 1111117 gr " "MA OR ATTEST: 7(-44" / CITY CLER LF/SWS/jcl FORM APPROVED A al Dia 1 Mr 0 2 OFFICE OF THE CITY ATTORNEY (64 eic gif rrin 141 • WM/eh F L O R I D A • 0 LAURENCE FEINGOLD '.�:t ���, P BOX CITY ATTORNEY H 6 MIAMI BEACH, FLORIDA 33119-3v3L TELEPHONE (3051 673-747; COMMISSION MEMORANDUM Lc2o TELEcOP ' 305 -; 332 DATE: JULY 25, 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Laurence Feingold City Attorney SUBJECT: SPECIAL PRIORITY FOR CITY CODE ENFORCEMENT BOARD LIENS AND SOUTH FLORIDA BUILDING CODE LIENS At the City Commission meeting of July 11, 1990, Nancy Liebman asked the City Commission to urge the legislature to give special priority to liens imposed by City Code Enforcement Boards. She was particularly concerned with the fact that some historic buildings remain in deteriorated condition due to the fact that the owners and mortgage holders know that the City's Code Enforcement Board liens are inferior to mortgages and can be extinguished by a mortgage foreclosure sale. The City Commission directed this office to draft a resolution urging the State Legislature to provide for special priority for City code enforcement boar d liens. pr oposed new City Code Chapter In reviewing the status of other City liens, this office has determined that special priority is also needed for liens acquired by the City for expending money to secure unsafe buildings pursuant to the South Florida Building Code. Currently, only demolition liens imposed pursuant to the Code enjoy special priority. Y Consequently, we have included South Florida Building Code liens in. the requested resolution and have also drafted a resolution urging the Board of County Commissioners of Metropolitan Dade County to amend the South Florida Building Code to provide for special priority for local government liens imposed pursuant to the Code. F/SWS:jcl • 4 AGENDA ITEM - DATE7-CDS-9 o ORIGINAL RESOLUTION NO. 90-20053 Urginag the Board of County Commissioners of Metropolitan Dade County to amend the South Florida Building Code to provide that liens acquired by governmental authorities pursuant to the Code shall be treated as special assessment liens, equal in rank and dignity to all other liens and encumbrances, titles and claims in, to or against real property.