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RESOLUTION 90-20206 RESOLUTION NO. 90-20206 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR AT PURSUANT TO FLORIDA STATUTE SECTION 553 . 73 TO CONSIDER PROVIDING FOR MORE STRINGENT REQUIREMENTS CONCERNING SOUTH FLORIDA BUILDING CODE LIENS THAN THOSE SPECIFIED IN SAID BUILDING CODE VIA AMENDMENT TO SECTION 8-1 OF THE MIAMI BEACH CITY CODE, SAID SECTION ENTITLED "ADOPTION OF SOUTH FLORIDA BUILDING CODE" BY ESTABLISHING 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. WHEREAS, per Section 8-1 of the Miami Beach City Code, the South Florida Building Code was adopted as the Building Code of the City of Miami Beach; and WHEREAS, 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 those building standards set forth within the South Florida Building Code shall be borne by the owner or occupant of the premises or by the person who caused or maintained the violation; and WHEREAS, 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; and WHEREAS, the City of Miami Beach is authorized under the South Florida Building Code to institute suits to recover expenses against any liable person or may cause such expenses to be charged against the property as a lien or as a special assessment collectable according to established procedures; and WHEREAS, except with respect to a lien imposed for expenses incurred in demolition (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 mortgage liens only if executed and recorded prior to the existence of said mortgage; and WHEREAS, in light of the local conditions of the City of Miami Beach which have necessitated a great amount 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; and WHEREAS, 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) . NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that pursuant to Florida Statute Section 553 . 73 the City Commission shall hold a public hearing on January 9, 1991 at 11: 15 A.M. to consider amending Miami Beach City Code Section 8-1 entitled "Adoption of South Florida Building Code" for the purposes of providing for more stringent requirements concerning South Florida Building Code liens than those specified in said Building Code, via amendment to Section 8-1 of the Miami Beach City Code, said Section entitled "Adoption of South Florida Building Code" by providing that existing liens or liens imposed hereinafter 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, and providing for collection of costs and attorney' s fees, and further providing that the City Clerk is hereby authorized and directed to publish appropriate notice of said public hearing to be published in a newspaper of general circulation at least 10 days before subject public hearing. PASSED and ADOPTED this 19th day of December , 1990. Z2eNI ATTEST: 'YOR CITY CLERK LF/JKO/rg APPROVE, - , f t / 13y — --( tr ( -Y L.a'LL: '�` / ' OFFICE OF THE CITY ATTORNEY - 6.h 0. 7:f..., , „ r _ , i if a c s 00/if.,..," ,-,.;,,,,,- . -..,:t.-7',.:,,..... • . F L O R I D A AS'Ara ii -(9--;—k -‘, *iINCORP'iCRAM *, L R NCE FEINGOLD #4./ P.O BOX O CITY ATTORNEY �H26_- • MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. $S– o DATE: DEC. 19, 1990 TO: Mayor Alex Daoud and Members of the City Commission City Manager Rob W. Parkins FROM: Laurence Feingold :,_..,.�_ City Attorney , SUBJECT: RESOLUTION SETTING PUBLIC HEARING PURSUANT TO FLORIDA STATUTE §553.73 TO CONSIDER PROVIDING FOR MORE STRINGENT REQUIREMENTS CONCERNING SOUTH FLORIDA BUILDING CODE LIENS BY ESTABLISHING SOUTH FLORIDA BUILDING CODE LIEN PRIORITY OVER ALL OTHER COMPETING INTERESTS IN PROPERTY EXCEPT AD - VALOREM TAXES The attached Resolution setting a public hearing has been prepared pursuant to Florida Statute §553 . 73 which mandates the establishment of a public hearing in those instances where the local governing authority wishes to make its State minimum building code (in this instance, the South Florida Building Code) more stringent. Specifically, Florida Statute §553 .73 requires that at the subject public hearing, a determination be held necessitating more stringent provisions of the South Building Code, 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 within 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) . Since the City of Miami Beach acts similarly to 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 local conditions of the City of Miami Beach which have necessitated 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. As such, and pursuant to the City' s ongoing efforts toward collection of delinquent liens due the City of Miami Beach, the subject public hearing is being held for the purposes of establishing the need to strengthen South Florida Building Code lien provisions to ensure that all liens assessed under the South Florida Building Code shall have priority over other competing interests in property, except those of ad valorem taxes. 1 LF/JKO/rg Res/Ord: Sec. 8-1.CM AGENDA ITEM 9 —7 – A . . . DATEns 2--to 1700 CONVENTION CENTER DRIVE . FOURTH FLOOR ---MFAMJ BEACH, FLORIDA 33139 ORDINAL RESOLUTION NO. 90-20206 Setting a public hearing for pursuant to Florida Statute Section 553. 73 to consider providing for more stringent requirements concerning South Florida Building Code liens than those specified in said Building Code via amendment to Section 8-1 of the Miami Beach City Code, said Section entitled "Adoption of South Florida Building Code" by establishing that existing liens or liens imposed here- after 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 fore- closed under general provisions of law applicable to foreclosure of mortgages or pursuant to the provisions of Chapter 173 Florida Statutes, providing for col- lection of costs and attorney's fees.