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
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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.
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CITY CLER
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FORM APPROVED
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OFFICE OF THE CITY ATTORNEY
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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.
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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.
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AGENDA
ITEM -
DATE7-CDS-9
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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.