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
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OFFICE OF THE CITY ATTORNEY
Sygtrani Wald
740
F L O R I D A
4474
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��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
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