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
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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